[Federal Register Volume 85, Number 143 (Friday, July 24, 2020)]
[Rules and Regulations]
[Pages 44772-44788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13783]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 25
[IB Docket Nos. 17-95, 18-315; FCC 20-66; FRS 16866]
Earth Stations in Motion
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) amends its rules to facilitate the deployment of earth
stations in motion (ESIMs) communicating with geostationary (GSO) and
non-geostationary orbit (NGSO) fixed-satellite service (FSS) satellite
systems.
DATES: This rule is effective: July 24, 2020.
FOR FURTHER INFORMATION CONTACT: Cindy Spiers, 202-418-1593.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, IB Docket Nos. 17-95 and 18-315, FCC 20-66, adopted on May
13, 2020, and released on May 14, 2020. The full text of this document
is
[[Page 44773]]
available at https://docs.fcc.gov/public/attachments/FCC-20-66A1.pdf.
The full text of this document is also available for inspection and
copying during business hours in the FCC Reference Information Center,
Portals II, 445 12th Street SW, Room CY-A257, Washington, DC 20554. To
request materials in accessible formats for people with disabilities,
send an email to [email protected] or call the Consumer & Governmental
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).
Paperwork Reduction Act
This document does not contain new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA), Public Law 104-13. In addition, therefore, it does not contain
any new or modified information collection burden for small business
concerns with fewer than 25 employees, pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C.
3506(c)(4).
Synopsis
In this Second Report and Order in IB Docket No. 17-95 and Report
and Order in IB Docket No. 18-315 (Report and Order) and Further Notice
of Proposed Rulemaking (Further Notice), the Commission continues to
facilitate the deployment of, and reduce the regulatory burdens on,
Earth Stations in Motion (ESIMs).\1\ First, we allow ESIMs to
communicate in additional frequency bands with geostationary-satellite
orbit (GSO) satellites operating in bands allocated to the fixed-
satellite service (FSS). Second, we adopt rules for ESIMs to
communicate with non-geostationary orbit (NGSO) satellites in specific
frequency bands allocated to the FSS. Finally, we seek to further
develop the record regarding potential interference from out-of-band
emissions of ESIMs in the 28.35-28.6 GHz band into the adjacent 27.5-
28.35 GHz band used by Upper Microwave Flexible Use Service (UMFUS).
These actions will promote innovative and flexible use of satellite
technology, as well as provide regulatory equity between GSO and NGSO
FSS systems.
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\1\ The term ``ESIMs'' is the collective designation for three
types of earth stations that the Commission authorizes to transmit
while in motion: Earth Stations on Vessels (ESVs), Vehicle-Mounted
Earth Stations (VMESs), and Earth Stations Aboard Aircraft (ESAAs)
to communicate with space stations using frequencies allocated to
the fixed satellite service. Broadly stated, Earth Stations on
Vessels refers to earth stations that communicate with a satellite
while located on maritime vessels such as boats, cargo ships or
cruise ships, whereas Vehicle-Mounted Earth Stations and Earth
Stations Aboard Aircraft refer to earth stations that communicate
with satellites while located on land-based vehicles or aircraft,
respectively.
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Report and Order
Because of the interrelated nature of the two proceedings, we
address both proceedings in here. In the discussion below, we first
address the addition of frequency bands in which ESIMs can communicate
with GSO FSS satellites. Specifically, we adopt our proposal to allow
ESIMs to operate in all of the frequency bands in which earth stations
at fixed locations operating with GSO FSS satellite networks can be
blanket-licensed, and to allow ESIMs to receive signals from GSO FSS
satellite space stations in the Ka-band, with some restrictions. We
then address the issues raised in the NGSO ESIMs NPRM, and adopt a
regulatory framework for ESIMs communications with NGSO FSS systems
that is analogous to that which currently exists for ESIMs
communicating with GSO FSS systems, with the exception of the frequency
bands 18.6-18.8 GHz, 28.35-28.4 GHz, and 29.25-29.5 GHz. We also extend
blanket earth station licensing to ESIMs communicating with NGSO FSS
systems. We defer consideration of our proposal to allow ESIMs to
operate in the 28.35-28.4 GHz band while we study the potential
interference from out-of-band emissions of ESIMs into the adjacent
27.5-28.35 GHz band.
ESIMs Communications With GSO Satellites in Additional Frequency Bands
(IB Docket No. 17-95)
In the GSO ESIMs FNPRM, the Commission sought comment on allowing
ESIMs to operate in all of the frequency bands in which earth stations
at fixed locations operating in GSO FSS satellite networks can be
blanket-licensed. The Commission believed in this situation operation
of earth stations in motion should not introduce a material change to
the interference environment created or to the protection required.\2\
Many commenters support these changes and no commenters opposed.\3\
Boeing points out that among other benefits, the use of many of these
frequencies by ESIMs will help to align the FSS frequencies that are
available for use by ESIMs in different regions of the world, and that
this alignment is important because many ESIMs--including those on
airplanes and ships--do not limit their operations to single
continents.\4\ SES, O3b, and Intelsat note that expanding the
frequencies available for GSO ESIM networks will allow more intensive
spectrum use and is fully consistent with other authorized operations
in these frequency bands.\5\
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\2\ GSO ESIMs FNPRM, 33 FCC Rcd at 9358, para. 91.
\3\ See, e.g., Boeing FNPRM Comments at 1; Hughes FNPRM Comments
at 2; Inmarsat FNPRM Comments at 2.
\4\ See Boeing FNPRM Comments at 3.
\5\ SES, O3b and Intelsat FNPRM Reply Comments at 1-2.
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We agree that, for the reasons stated by commenters, the public
interest is served by the addition of frequency bands in which ESIMs
are allowed to communicate with GSO FSS satellites. We address the
individual frequency bands in turn below. We then address general
issues that are not specific to any particular frequency band.
The Extended Ku-Band
The Commission sought comment on expanding the Ku-band frequency
ranges in which ESIMs can be authorized to receive transmissions from
GSO FSS satellites \6\ to include the 10.7-10.95 GHz and 11.2-11.45 GHz
bands.\7\ These frequency bands are allocated on a co-primary basis to
the fixed service and FSS (space-to-Earth), but GSO FSS use of both
bands is limited to international systems (that is, to communications
that do not originate and terminate within the United States).\8\ The
Commission noted, however, that in the 10.95-11.2 GHz (space-to-Earth)
and 11.45-11.7 GHz (space-to-Earth) bands, communications of ESIMs with
GSO satellites is allowed subject to the condition that these earth
stations may not claim protection from transmissions of non-Federal
fixed service stations.\9\ The Commission requested comment on whether
communications in the 10.7-10.95 GHz and 11.2-11.45 GHz (space-to-
Earth) bands could also be allowed on an unprotected basis with respect
to other services.\10\
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\6\ See 47 CFR 2.106, NG527A.
\7\ See GSO ESIMs FNPRM, 33 FCC Rcd at 9354, para. 90. As we
noted in the FNPRM, the Commission's part 25 rules currently allow
for blanket licensing in the 10.7-10.95 GHz, 11.2-11.45 GHz, and
17.8-18.3 GHz (space-to-Earth) on an unprotected basis with respect
to the fixed service.
\8\ 47 CFR 2.106, NG52 (``Except as provided for by NG527A, use
of the bands 10.7-11.7 GHz (space-to-Earth) and 12.75-13.25 GHz
(Earth-to-space) by geostationary satellites in the [FSS] shall be
limited to international systems, i.e., other than domestic
systems.'').
\9\ 47 CFR 2.106, NG527A. See also GSO ESIMs FNPRM, 33 FCC Rcd
at 9340, para. 44.
\10\ GSO ESIMs FNPRM, 33 FCC Rcd at 9355, para. 91.
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Satellite operators overwhelmingly support allowing ESIMs to
receive transmissions from GSO FSS satellites on an unprotected basis
in these bands.\11\ Commenters state that, because
[[Page 44774]]
ESIMs operations are receive-only in the 10.7-10.95 GHz and 11.2-11.45
GHz bands, allowing ESIMs to operate in these frequency bands does
``not increase the potential for harmful interference'' to other
spectrum users.\12\ In addition, they state that because ESIMs operate
on mobile platforms (that is, in aeronautical, maritime and land-
mobility applications) and often far from other co-frequency systems
and services (for example, aircraft in flight or vessels in
international waters), there is no need to protect ESIMs reception in
these bands.\13\ Commenters also assert that access to additional ESIM
receive spectrum would enhance flexibility, data rates, and aggregate
capacity for ESIM operators and consumers.\14\
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\11\ See, e.g., Boeing FNPRM Comments at 2-3; Hughes FNPRM
Comments at 2-3; SES FNPRM Comments at 1-2; Viasat FNPRM Comments at
1, 3.
\12\ Panasonic FNPRM Comments at 2; see also Boeing FNPRM
Comments at 3.
\13\ Id.
\14\ Panasonic FNPRM Comments at 2; see also Boeing FNPRM
Comments at 3; SES FNPRM Comments at 2; Viasat FNPRM Comments at 3-
4.
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Based on the record, including the lack of opposition to this
proposal, we will allow communications from GSO FSS satellites to ESIMs
in the 10.7-10.95 GHz and 11.2-11.45 GHz (space-to-Earth) bands on an
unprotected basis vis-[agrave]-vis fixed service stations. We agree
that ESIMs can receive transmissions from GSO FSS satellites in the
10.7-10.95 GHz and 11.2-11.45 GHz bands without requiring protection
from fixed service stations that have primary status in these
bands.\15\ The Fixed Wireless Communications Coalition (FWCC) asks the
Commission to clarify that fixed service will not be required to
protect ESIMs in the 10.7-10.95 GHz and 11.2-11.45 GHz (space-to-Earth)
bands from interference.\16\ We so clarify. Accordingly, we amend
footnote NG527A to include 10.7-10.95 GHz and 11.2-11.45 GHz (space-to-
Earth) in the frequency bands in which ESIMs may be authorized to
communicate with GSO satellites, subject to the condition that ESIMs
may not claim protection from transmissions of non-Federal fixed
service stations.\17\ In addition, CORF notes that radio astronomers
make important observations in the 10.6-10.7 GHz band,\18\ and that the
U.S. Table requires operators to protect radio astronomy service from
satellite downlinks emissions into the 10.68-10.70 GHz portion of the
band.\19\ Footnotes to the U.S. Table already provide such
protections,\20\ and satellite licenses and grants of U.S. market
access are issued by the Commission subject to such footnotes.
Accordingly, no additional action is necessary.
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\15\ GSO FSS downlink transmissions are already permitted in
these frequency bands, subject to power flux density limit designed
to protect fixed service stations from unacceptable interference.
See International Telecommunication Union (ITU) Article 21.
\16\ FWCC FNPRM Comments at 1-2.
\17\ See Appendix B, 47 CFR 2.106, NG572A(a).
\18\ Although on page 7 of its FNPRM Comments CORF mentions
10.6-11.7 GHz, it is clear from the context that their intention was
to reference the 10.6-10.7 GHz band which has a primary allocation
to the Radio Astronomy Services. 47 CFR 2.106.
\19\ CORF FNPRM Comments at 7.
\20\ See, e.g., 47 CFR 2.106, US211 and US246.
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The Ka-Band
The Commission sought comment on allowing ESIMs to receive signals
from GSO FSS satellites on a secondary basis in the 17.8-18.3 GHz
(space-to-Earth) band and on a primary basis in the 19.3-19.4 GHz
(space-to-Earth) and 19.6-19.7 GHz (space-to-Earth) bands.\21\ The
Commission also requested comment on whether to allow ESIMs to
communicate with GSO FSS satellites in the 18.8-19.3 GHz (space-to-
Earth) and 28.6-29.1 GHz (Earth-to-space) bands on an unprotected, non-
interference basis with respect to NGSO FSS satellite systems.\22\ It
sought comment on any possible effects these proposals may have on
existing or future services in these frequency bands or adjacent
frequency bands and on any necessary changes to our rules that may be
appropriate to accommodate them.\23\
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\21\ GSO ESIMs FNPRM, 33 FCC Rcd at 9355, para. 91.
\22\ Id.
\23\ Id.
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We address each of these frequency bands in turn below.
Specifically, we will allow ESIMs to receive signals from GSO FSS space
stations on a secondary basis in the 17.8-18.3 GHz band and on a
primary basis in the 19.3-19.4 and 19.6-19.7 GHz band. We will also
allow ESIMs to operate with GSO FSS satellite networks in the 18.8-19.3
GHz (space-to-Earth) and 28.6-29.1 GHz (Earth-to-space) bands on an
unprotected, non-interference basis with respect to NGSO FSS satellite
systems.
17.8-18.3 GHz, 19.3-19.4 GHz, and 19.6-19.7 GHz.--Commenters
observe that satellite space-to-Earth transmissions in the 17.8-18.3
GHz, 19.3-19.4 GHz, and 19.6-19.7 GHz bands are already subject to
power flux density limits designed to protect terrestrial systems,\24\
and reception of satellite signals by ESIMs has no effect on these
power flux density levels set forth in the Commission's rules.\25\
Satellite operators therefore state that ESIMs can co-exist with
terrestrial fixed service operations in these bands.\26\ Commenters
also point out that the authorization of ESIMs to receive signals from
GSO networks in the 17.8-18.3 GHz band will help to align the
frequencies available to ESIMs in the United States with those that are
available in the rest of the world.\27\ In addition, ESIMs
communications with GSO FSS satellites in these bands will be required
to be coordinated with Federal FSS systems pursuant to the U.S.
Table.\28\ No commenters disagree with allowing ESIMs to receive
signals from GSO FSS satellites in these bands.
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\24\ 47 CFR 25.208(c).
\25\ SES FNPRM Reply Comments at 2; see also Boeing FNPRM
Comments at 3 (stating that the existence of ESIMs in these
frequencies will not interfere with fixed service networks because
they will continue to be protected by the power flux density limits
on satellite downlink communications that are maintained by the ITU
to protect primary terrestrial uses of the 17.7-18.3 GHz
frequencies).
\26\ SES FNPRM Comments at 2; Inmarsat FNPRM Comments at 2-3;
Viasat FNPRM Comments at 3-4. See also Boeing FNPRM Comments at 4-5
(stating that ESIMs experiencing interference can either shift to a
different receiving frequency or can move to a new location where
the interference does not exist; further, given the relatively high
speeds in which many ESIMs will be in motion, any unacceptable
interference received from fixed service transmitters will only be
momentary in duration and likely result in no detectible
interference to the ESIM end user's services).
\27\ Boeing FNPRM Comments at 4.
\28\ 47 CFR 2.106, US334.
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We proposed allowing ESIMs to receive signals from GSO FSS
satellites in the 17.8-18.3 GHz (space-to-Earth) band on a secondary
basis. FSS is allocated in the space-to-Earth direction on a secondary
basis to the fixed service in the 17.8-18.3 GHz band and no parties
objected to our proposal. Thus, we add NG527A(d) in the U.S. Table of
Allocations to allow ESIMs to receive signals from GSO FSS satellites
in the 17.8-18.3 GHz (space-to-Earth) band on a secondary basis.
Further, we proposed allowing ESIMs to receive signals from GSO FSS
satellites in the 19.3-19.4 GHz (space-to-Earth) and 19.6-19.7 GHz
(space-to-Earth) bands on a co-primary basis with fixed service and
Federal FSS. However, given the difficulties with coordinating ESIM
operations with terrestrial stations, we conclude here, as proposed by
FWCC,\29\ that in the 19.3-19.4 GHz (space-to-Earth) and 19.6-19.7 GHz
(space-to-Earth) bands, ESIMs should be allowed to operate on an
unprotected basis with regard to fixed service and Federal FSS.
Allowing such ESIM operations will not change the existing interference
environment in these bands. FSS is already allocated in the space-to-
Earth direction on a co-primary basis with fixed service in the 19.3-
19.4 GHz and 19.6-19.7 GHz bands subject to power flux density limits
designed to
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protect terrestrial systems. Accordingly, we revise NG527A(a) in the
U.S. Table of Allocations to allow ESIMs to receive signals from GSO
FSS satellites in the 19.3-19.4 GHz (space-to-Earth), and 19.6-19.7 GHz
(space-to-Earth) bands on an unprotected basis.
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\29\ See FWCC Comments at 1, 3.
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18.8-19.3 GHz and 28.6-29.1 GHz.--The record supports a finding
that allowing ESIMs to communicate with GSO FSS satellites in the 18.8-
19.3 GHz (space-to-Earth) and 28.6-29.1 GHz (Earth-to-space) bands
serves the public interest. Viasat asserts that such a change can
expedite consumer access to mobile applications of satellite broadband
services technologies.\30\ Boeing believes that ESIMs communicating
with GSO and NGSO satellites in these bands could complement each other
by providing very robust coverage and throughput to end users using a
combination of NGSO and GSO satellites.\31\
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\30\ Viasat FNPRM Comments at 2.
\31\ Boeing FNPRM Reply Comments at 4.
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We find that it is possible with a high degree of coordination
among operators for ESIMs to communicate with GSO FSS satellites in the
18.8-19.3 GHz (space-to-Earth) and 28.6-29.1 GHz (Earth-to-space) bands
without causing interference to NGSO FSS systems. Inmarsat, for
example, states that ``[t]echniques for managing interference between
FSS systems are well understood'' and the ``introduction of ESIMs into
FSS spectrum does not materially change these interference scenarios.''
\32\ ViaSat concurs, asserting that ``[i]t is well-established that
ESIMs can perform within the same technical envelope as fixed earth
stations through highly accurate antenna pointing mechanisms and
compliance with appropriate power limits'' and ``[t]herefore, in the
18.8-19.3 GHz and 28.6-29.1 GHz (Earth-to-space) bands, where the
Commission has determined that the GSO FSS successfully can operate on
a secondary basis to the NGSO FSS, adding ESIMs would not change this
conclusion.'' \33\
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\32\ Inmarsat FNPRM Comments at 3.
\33\ Viasat FNPRM Comments at 3.
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We agree with these commenters that it is technically feasible for
ESIMs to communicate with GSO FSS space stations in these bands without
causing interference to NGSO FSS systems provided the operators
coordinate their operations. GSO earth stations transmitting to a GSO
space station would have to stop transmissions whenever an NGSO space
station using the same frequency band is within the earth station
transmitting beam. Similarly, during transmissions from GSO space
stations, GSO space station operators will need to take into account
the presence of a beam through which an earth station is receiving co-
frequency signals from an NGSO space stations. Such co-existence will
necessitate a high degree of coordination between the GSO and NGSO
systems to ensure interference does not result to NGSO FSS operations
and, when authorizing ESIMs to communicate with GSO FSS satellites in
these bands, the secondary nature of such communications will need to
be fully taken into account.\34\
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\34\ The Commission has been requiring that, in these bands, GSO
operations with fixed earth stations must accept interference from
and not cause harmful interference to NGSO operations. See, e.g.
Satellite Policy Branch Information Action Taken, Report No. 01258
(IBFS File No. SAT-LOA-20160624-00061) Aug. 4, 2017, Jupiter 2 Grant
at condition 5. A similar condition would be imposed on ESIMs
operations. Operations with ESIMs are no different, as ESIMs are
supposed to operate as a fixed earth station that can be anywhere
within the satellite beam.
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We agree with Boeing that the priority of NGSO FSS systems in these
frequencies is critical to their growth and operation.\35\ As explained
by Telesat, the demand for ``mobile aeronautical, maritime and land
services is one of the key drivers of the burgeoning NGSO demand for
this spectrum.'' \36\ While recognizing that it would be inequitable to
alter the regulatory status between NGSO and GSO FSS systems in the
18.8-19.3 GHz (space-to-Earth) and 28.6-29.1 GHz (Earth-to-space)
frequency bands, allowing communications between ESIMs and GSO FSS
satellites in these frequency bands on an unprotected, non-interference
basis with respect to NGSO FSS satellite systems leads to more
efficient use of spectrum without imposing a burden on NGSO FSS
operations in this band.\37\ The GSO system, operating on a non-
interference, non-protected basis, is expected to show, to the NGSO
system satisfaction, that it is capable of protecting the NGSO's
operation. The only burden on the NGSO system is to examine the GSO
showing in good faith to determine its acceptability.
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\35\ Boeing FNPRM Reply Comments at 5.
\36\ Telesat FNPRM Reply Comment at 3.
\37\ Boeing FNPRM Comments at 6-8 (asking the Commission to be
diligent in ensuring the subordinate status of GSO FSS networks vis-
[agrave]-vis NGSO FSS operations); SES FNPRM Comments at 2 (stating
that SES supports allowing GSO ESIM use of these frequency bands,
provided that the Commission adopts its proposal to specify that GSO
operations in the band segments are ``on an unprotected, non-
interference basis with respect to NGSO FSS satellite systems'' to
ensure NGSO use of these critical frequencies is not impaired). As
discussed below, we reject Echostar's proposal to give equal status
to ESIMs operating with GSO and NGSO space stations as this would
contradict the secondary designation of GSO systems in these bands.
See infra paras. 32-33.
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Accordingly, we will allow ESIMs to communicate with GSO FSS
satellites in the 18.8-19.3 GHz (space-to-Earth) and 28.6-29.1 GHz
(Earth-to-space) bands on an unprotected, non-interference basis with
respect to NGSO FSS satellite systems.\38\ Both these bands are
allocated to FSS on a primary basis, but GSO FSS operations are
conducted on an unprotected, non-interference basis with respect to
NGSO FSS.\39\ We find that the record supports allowing ESIMs to
communicate with GSO FSS satellites in these bands, consistent with the
existing status of GSO FSS vis-[agrave]-vis NGSO FSS.
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\38\ See Appendix B (where a reference to footnote NG527A has
been added to the 18.8-19.3 GHz band in the non-Federal Table and
where the text of footnote NG527A has been revised accordingly).
\39\ 47 CFR 2.106, NG165 (stating, ``In the bands 18.8-19.3 GHz
and 28.6-29.1 GHz, geostationary-satellite networks in the fixed-
satellite service shall not cause harmful interference to, or claim
protection from, non-geostationary-satellite systems in the fixed-
satellite service.'').
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General Issues
The Commission sought comment on any possible effects that
expanding the frequencies available to ESIMs communicating with GSO FSS
satellite networks may have on other services in these frequency bands
or adjacent frequency bands in the United States.\40\ National Academy
of Sciences' Committee on Radio Frequencies (CORF) expresses concern
about other services and adjacent bands.\41\ In addition, Boeing
proposes that consideration be given to opening the 19.4-19.6 GHz band
to both GSO and NGSO FSS systems, including those operating with
ESIMs.\42\
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\40\ ESIMs GSO FSS FNPRM, 32 FCC Rcd at 9354, para. 90.
\41\ See generally CORF FNPRM Comments. The FWCC's concerns were
previously addressed in the discussion on the individual frequency
bands.
\42\ Boeing FNPRM Reply Comments.
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CORF expresses concerns regarding potential interference to
protected passive scientific observations caused by GSO FSS downlink
transmissions to ESIMs.\43\ Specifically, CORF is concerned that the
reception of GSO FSS satellite signals by ESIMs in the 10.7-10.95 GHz,
17.8-18.3 GHz, 18.8-19.3 GHz (space-to-Earth), and 19.6-19.7 GHz
(space-to-Earth) bands, which, CORF asserts, could result in additional
interference to Earth exploration-satellite service systems and radio
astronomy service operating in adjacent frequencies. CORF advocates for
more stringent out-of-band emissions limits for GSO FSS satellite
signals that would be received by ESIMs using the 10.7-
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10.95 GHz band.\44\ CORF also suggests that the Commission prohibit the
reception of satellite signals by ESIMs in the bottom 25 megahertz
portion of the 10.7-10.95 GHz band in order to create a guard band to
further protect scientific monitoring by Earth exploration-satellite
service systems.\45\
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\43\ See generally CORF FNPRM Comments.
\44\ CORF FNPRM Comments at 8.
\45\ CORF FNPRM Comments at 9.
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We decline to adopt new limits on out-of-band emissions or
prohibitions on GSO FSS downlink use in this proceeding. References to
ESIMs communications with GSO FSS satellites as ``ESIM downlinks'' are
inaccurate, and concerns regarding the difficulty of addressing
interference from ``moving targets'' are misplaced, because the only
transmissions in the frequency ranges discussed by CORF will be from
GSO satellites, not from ESIM terminals.\46\ Accordingly, CORF concerns
are not with ESIMs, which solely receive in the frequency bands that
CORF identified as being of concern, but rather with the space-to-Earth
transmissions of GSO FSS satellites, which are not the subject of this
rulemaking. In this respect, we note that the Commission's rules
already impose specific limits on out of band emissions in the
frequency bands and services at issue here.\47\ Possible revisions to
these limits are the subject of a separate rulemaking.\48\ In addition,
as mentioned above, protection of radio astronomy service observations
is also ensured through specific footnotes to the U.S. Table of
Allocations.\49\
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\46\ SES FNPRM Reply Comments at 2-3.
\47\ 47 CFR 25.202(f).
\48\ Further Streamlining Part 25 Rules Governing Satellite
Services, Notice of Proposed Rulemaking, 33 FCC Rcd 11502, 11507-08,
paras. 18-19 (rel. Nov. 19, 2018) (2018 Part 25 Further Streamlining
Notice).
\49\ 47 CFR 2.106, US211 and US246.
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Additionally, CORF expresses concern about the use of the 18.6-18.8
GHz (space-to-Earth) band, which was not proposed as an additional
frequency band for communications of ESIMs with NGSO FSS
satellites.\50\ This band is allocated for passive scientific
observation use on a co-primary basis with GSO FSS in the space-to-
Earth direction, with GSO FSS downlinks subject to power flux density
limits designed to protect other authorized spectrum users.\51\
Specifically, CORF states that any new use by ESIMs in these frequency
bands should be mindful of the need to preserve the extensive existing
scientific use of the 18.6-18.8 GHz (space-to-Earth) band.\52\ The
Commission has previously concurred with this need,\53\ and no further
action is appropriate because the 18.6-18.8 GHz band is not one of the
additional frequency bands included in this proceeding.\54\
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\50\ See generally CORF FNPRM Comments.
\51\ 47 CFR 2.106, US255.
\52\ CORF FNPRM Comments at 10.
\53\ GSO ESIMs Report & Order and FNPRM, 33 FCC Rcd at 9347-48,
para. 63.
\54\ We note that GSO FSS space-to-Earth operations are already
subject to prior coordination with Federal users in this band
pursuant to footnote US334 to the U.S. Table. 47 CFR 2.106, US334.
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Boeing proposes to open the 19.4-19.6 GHz band to both GSO and NGSO
FSS systems, including those operating with ESIMs, on a secondary basis
with respect to feeder links to NGSO MSS space stations operating in
these frequencies.\55\ Boeing argues that GSO and NGSO FSS systems are
already permitted to operate below 19.4 GHz and above 19.6 GHz, so the
reception of these transmissions by ESIMs will not alter the spectrum
sharing conditions.\56\ We disagree. As Iridium accurately notes, the
Ka-band plan and U.S. Table of Frequency Allocations prohibit any earth
station--fixed, in motion, individually-licensed, or blanket-licensed--
from communicating with an FSS space station in this frequency
band.\57\ Further, Iridium points out that this proposal is beyond the
scope of the current rulemaking.\58\ We agree with Iridium, and find
that this proceeding is not the appropriate forum to address Boeing's
proposal.
---------------------------------------------------------------------------
\55\ Boeing FNPRM Comments at 5-6.
\56\ Id. at 6.
\57\ Iridium FNPRM Reply Comments at 1-2.
\58\ Id. at 2-3.
---------------------------------------------------------------------------
Regulatory Framework for Communications of ESIMs With NGSO Satellites
(IB Docket No. 18-315)
In the ESIMs NGSO NPRM, the Commission sought comment on allowing
ESIMs to communicate with NGSO FSS satellites in the 11.7-12.2 GHz
(space-to-Earth); 14.0-14.5 GHz (Earth-to-space); 18.3-18.6 GHz (space-
to-Earth); 19.7-20.2 GHz (space-to-Earth); 28.35-28.6 GHz (Earth-to-
space); and 29.5-30.0 GHz (Earth-to-space) bands, as well as the 18.8-
19.3 GHz (space-to-Earth), and the 28.6-29.1 GHz (Earth-to-space)
bands, the 10.7-11.7 GHz (space-to-Earth) bands, the 17.8-18.3 GHz
(space-to-Earth) band, and the 19.3-19.4 GHz and 19.6-19.7 GHz (space-
to-Earth) bands, \59\ which encompass most of the same conventional Ku-
band, extended Ku-band, and Ka-band frequencies that were allowed or
proposed for communications of ESIMs with GSO FSS satellites.\60\
Second, the Commission sought comment on extending blanket earth
station licensing, which is available to ESIMs communicating with GSO
FSS satellites, to ESIMs communicating with NGSO FSS satellites in
frequency bands in which NGSO FSS systems have a primary status, or
have been found to be able to operate on a secondary or non-conforming
basis, without causing interference to primary users of the bands.\61\
Finally, the Commission sought comment on revisions to specific rule
provisions to implement these changes.\62\
---------------------------------------------------------------------------
\59\ FSS operation in the 18.6-18.8 GHz band is limited to
communications with GSO space stations. 47 CFR 2.106 NG164.
Transmissions to NGSO space stations in the 29.25-29.5 GHz band are
limited to feeder links to MSS space stations. See 47 CFR 2.106
NG535A. Thus, the frequency bands 18.6-18.8 GHz (space-to-Earth) and
29.25-29.5 GHz (Earth-to-space) were not included in the proposed
bands for ESIMS NGSO FSS operations.
\60\ NGSO ESIMs NPRM, 33 FCC Rcd at 11418-19, para. 7; ESIMs
Report and Order and Further Notice, 32 FCC Rcd at Appendix F
(proposing frequencies available for ESIMs in a revision to Sec.
25.202(a)(10)).
\61\ NGSO ESIMs NPRM, 33 FCC Rcd at 11420, para. 15.
\62\ The Commission did not seek comment on, and we do not
address here, the operations of traditional NGSO satellite
constellations offering mobile-satellite service (MSS), such as
those operated by Iridium LLC, Globalstar, Inc., or ORBCOMM License
Corp.
---------------------------------------------------------------------------
As a general matter, we conclude that the public interest is served
by adopting a regulatory framework for communications of ESIMs with
NGSO FSS satellites that is analogous to that which exists for ESIMs
communicating with GSO FSS satellites and offers a similar streamlined
path to deployment. Given the growing number of NGSO FSS entities that
propose to provide service to earth stations at fixed locations as well
as to ESIMs,\63\ it is important to have streamlined rules in place for
NGSO ESIMs operations, both for parity among ESIM operators and
regulatory certainty for potential operators.\64\ Doing so will
facilitate the spread of accessible, broadband
[[Page 44777]]
mobility services; \65\ promote global spectrum harmonization, allow
customers to take advantage of seamless connectivity; \66\ increase
investment in NGSO FSS capacity that can serve remote and rural areas
and provide restoration if terrestrial networks are damaged due to
natural disasters; \67\ and ensure that antenna manufacturers are able
to bring their antennas to the market quickly, enabling a faster return
on their investment, and thus making the U.S. a desirable market in
which to introduce innovative new equipment.\68\ We agree with many of
the public interest benefits expressed in the record of the proceeding
and adopt the framework discussed in the NGSO ESIMs NPRM.
---------------------------------------------------------------------------
\63\ During the preceding years, licenses or grants of U.S.
market access have been given to a number of NGSO FSS satellite
providers. See, e.g., O3b Limited, Request for Modification of U.S.
Market Access for O3b Limited's Non-Geostationary Satellite Orbit
System in the Fixed-Satellite Service and in the Mobile-Satellite
Service, Order and Declaratory Ruling, 33 FCC Rcd. 5508 (2018);
Space Exploration Holdings, LLC, Application for Approval for
Orbital Deployment and Operating Authority for the SpaceX NGSO
Satellite System, Memorandum Opinion, Order and Authorization, 33
FCC Rcd 3391 (2018); Telesat Petition for Declaratory Ruling to
Grant Access to the U.S. Market for Telesat's NGSO Constellation,
Order and Declaratory Ruling, 32 FCC Rcd. 9663 (2017); WorldVu
Satellites Limited, Petition for Declaratory Ruling Granting Access
to the U.S. Market for the OneWeb NGSO FSS System, Order and
Declaratory Ruling, 32 FCC Rcd 5366 (2017).
\64\ Letter from Ryan W. King, Vice President & Head of Legal,
Americas, Speedcast Americas Inc. to Marlene H. Dortch, Secretary,
Federal Communications Commission (filed Sept. 25, 2019).
\65\ ESIM Coalition NPRM Comments at 5, SES and O3b NPRM
Comments at 1, 3. See also Letter from Mariah Dodson Shuman,
Corporate Counsel, Project Kuiper, Kuiper Systems LLC to Marlene H.
Dortch, Secretary, Federal Communications Commission (filed Nov. 26,
2019).
\66\ SES and O3b NPRM Comments at 4, 5-6.
\67\ Id. at 5.
\68\ SES and O3b NPRM Comments at 5; Viasat NPRM Comments at 3.
---------------------------------------------------------------------------
Ku- and Ka- Frequency Bands
11.7-12.2 GHz, 14.0-14.5 GHz, 18.3-18.6 GHz, 19.7-20.2 GHz, 28.35-
28.6 GHz, and 29.5-30.0 GHz.--The Commission sought comment on
allowing, to the extent feasible, ESIMs to communicate with NGSO FSS
systems in the Ku- and Ka-bands where the Commission's rules allow ESIM
communications with GSO FSS space stations. The Commission proposed to
allow ESIMs to communicate with NGSO FSS systems under the existing
primary FSS allocation in the following six frequency bands: 11.7-12.2
GHz (space-to-Earth); 14.0-14.5 GHz (Earth-to-space); 18.3-18.6 GHz
(space-to-Earth); 19.7-20.2 GHz (space-to-Earth); 28.35-28.6 GHz
(Earth-to-space); and 29.5-30.0 GHz (Earth-to-space).\69\ There are no
allocations to terrestrial services in any of these bands. Under the
Commission's rules, NGSO FSS operations cannot cause interference to,
or claim protection from, GSO FSS networks.\70\ Accordingly, the
Commission sought comment on adding new paragraphs to footnote NG527A
of the Table of Frequency Allocations set forth at 47 CFR 2.106 to
indicate that ESIMs can operate with NGSO FSS space stations in these
six frequency bands.
---------------------------------------------------------------------------
\69\ ESIMs NGSO FSS NPRM, 33 FCC Rcd at11419, para. 9. T-Mobile
asks the Commission to clarify that its proposals in this proceeding
will not expand use of ESIM operations in the 3.7-4.2 GHz band. T-
Mobile NPRM Comments at 1-3. We so clarify here.
\70\ 47 CFR 25.289.
---------------------------------------------------------------------------
We adopt the proposal to add a paragraph to footnote NG527A to
specify that ESIMs may be authorized to communicate with NGSO FSS
satellites in these six bands, with the exception of the 28.35-28.4 GHz
band, under the existing primary FSS allocation. Many commenters agree
that the Commission should adopt its proposal to allow ESIMs to
communicate with NGSO FSS systems on a primary basis in these frequency
bands.\71\ For example, the ESIM Coalition supports adoption of the
proposal to add a paragraph to footnote NG527A to indicate that ESIMs
can operate with NGSO FSS satellites in these six frequency bands.\72\
This will ensure that the part 25 rules accurately reflect the current
NGSO-GSO sharing framework and extend this well accepted framework to
NGSO FSS operations with ESIMs.
---------------------------------------------------------------------------
\71\ ESIM Coalition NPRM Comments at 2-3; Hughes NPRM Comments
at 3.
\72\ See also SES and O3b NPRM Comments at 7.
---------------------------------------------------------------------------
Some concerns, however, were recently raised about potential
interference from out-of-band emissions of ESIMs in the 28.35-28.6 GHz
band into the adjacent 27.5-28.35 GHz band used by UMFUS, generated by
ESIM transmissions to NGSO FSS space stations in frequencies above
28.35 GHz.\73\ Contrarily, others have argued that the Commission
already considered and dismissed similar concerns when it authorized
ESIMs to communicate with GSO satellites, and the authorization of ESIM
communications with NGSOs does not raise any new concerns.\74\ Given
these differences of opinion, we are initiating a Further Notice to
further develop the record on these issues. As such, we will not permit
ESIM operations with NGSO FSS space stations in the lowest 50 megahertz
of the 28.35-28.6 GHz band (28.35-28.4 GHz), subject to further
consideration. However, in the interest of avoiding delay in potential
ESIMs operations in the remaining 200 megahertz of the 28.35-28.6 GHz
band, we will permit the filing and processing of ESIMs applications
for use of spectrum between 28.4-28.6 GHz, with any grants conditioned
on compliance with any future determinations made in this proceeding.
Based on the current record, we do not anticipate that ESIM operations
above 28.4 GHz will have a significant out-of-band emissions impact on
UMFUS operation below 28.35 GHz.\75\ Additionally, should parties have
concerns about specific applications for ESIMs use, they can be
addressed as part of the public comment review process for each ESIM
application filed before the Commission. Before granting any of these
applications, the possible need to require more stringent limits than
those in Sec. 25.202(f), even for ESIM operations with NGSO FSS space
stations above 28.4 GHz, can be considered and addressed as
appropriate.
---------------------------------------------------------------------------
\73\ Letter from Daudeline Meme, Verizon and US Cellular to
Marlene H. Dortch, Secretary, Federal Communications Commission
(filed May 4, 2020) (Verizon May 4 Ex Parte Letter).
\74\ Letter from Suzanne Malloy, Vice President of Regulatory
Affairs for SES Americom, Inc. and O3b Limited, Kimberly M. Baum
Vice President, Regulatory Affairs Hughes Network Systems, LLC, and
EchoStar Satellite Services, L.L.C. to Marlene H. Dortch, Secretary,
Federal Communications Commission (filed May 6, 2020) (SES Americom,
Inc. and O3b Limited, Inmarsat, Inc., Hughes Network Systems, LLC,
and EchoStar Satellite Services, L.L.C. May 6 Ex Parte Letter);
Letter from John P. Janka, Chief Officer, Global Government Affairs
& Regulatory, Viasat, Inc. to Marlene H. Dortch, Secretary, Federal
Communications Commission (filed May 6, 2020) (Viasat May 6 Ex Parte
Letter).
\75\ As per Sec. 25.202(f), ESIM emissions will be attenuated
by approximately 35 dB at 28.35 GHz.
---------------------------------------------------------------------------
Several commenters believe that the use of the term ``primary'' to
describe the status of communications of ESIMs with NGSO FSS satellites
in these six bands is potentially confusing because of the need of such
communications to protect GSO FSS operations.\76\ We clarify here and
in the new paragraph (c) to footnote NG527A, that NGSO ESIMs operations
in these bands are on an unprotected, non-interference basis only with
respect to GSO FSS operations. As Intelsat correctly states, we do not
propose to elevate the NGSO protection status vis-[agrave]-vis GSO
operations.\77\ Rather, communications of ESIMs with NGSO FSS
satellites is an application in the FSS,\78\ which has a primary
allocation in these bands.\79\ The rules for communications of ESIMs
with both NGSO and GSO satellites maintain the existing protection
status offered to GSO operations vis-[agrave]-vis NGSO operations,
which is articulated in the proposed revision to footnote NG527A. In
other words, NGSO ESIM operations will be provided the same
protections, and have the same obligations, as NGSO FSS already
possesses. This includes the obligation for NGSO FSS to protect GSO
FSS--including GSO FSS communications to ESIMs--in these frequency
bands under part 25 of the Commission's rules.\80\
---------------------------------------------------------------------------
\76\ ESIMS Coalition NPRM Comments at 2-3; Intelsat NPRM Reply
Comments at 2.
\77\ Intelsat NPRM Reply Comments at 2.
\78\ See U.S. Table of Frequency Allocations, 47 CFR 2.106, n.
NG527A.
\79\ Id.
\80\ 47 CFR 25.289 (stating that, unless provided otherwise,
``an NGSO system licensee must not cause unacceptable interference
to, or claim protection from, a GSO FSS . . . network'').
---------------------------------------------------------------------------
[[Page 44778]]
Some commenters noted the Commission used the term ``harmful
interference'' in some contexts and ``unacceptable interference'' in
the NPRM.\81\ The specific obligation on NGSO FSS operations is that
they do not cause unacceptable interference to GSO FSS networks.\82\ We
believe that ``unacceptable interference'' is the appropriate term to
use here.\83\ To the extent that ``harmful interference'' was used
elsewhere in the ESIMs NGSO NPRM, we clarify that there was no intent
to alter the ``unacceptable interference'' obligation.
---------------------------------------------------------------------------
\81\ ESIMs Coalition NPRM Comments at 3; SES and O3b NPRM
Comments at 8; Intelsat NPRM Reply Comments at 3.
\82\ 47 CFR 25.289.
\83\ See 47 CFR 25.289; ESIMs NGSO FSS NPRM, 33 FCC Rcd at
11425-28, App. A. (The Commission used the term ``unacceptable
interference'' in proposed footnote NG527A).
---------------------------------------------------------------------------
18.8-19.3 GHz and 28.6-29.1 GHz.--The Commission proposed to allow
ESIMs to communicate with NGSO FSS systems on a primary basis in the
18.8-19.3 GHz (space-to-Earth), and the 28.6-29.1 GHz (Earth-to-space)
bands. In these bands, there are no terrestrial allocations, and GSO
FSS operations are secondary with respect to NGSO FSS. Accordingly, the
Commission sought comment on adding a new paragraph (e) to footnote
NG527A to indicate that ESIMs can operate both with a GSO FSS space
station and with NGSO FSS systems in these two frequency bands, but
that GSO FSS operations in these bands must not cause unacceptable
interference to, or claim protection from, NGSO FSS networks.\84\ We
adopt this proposal.
---------------------------------------------------------------------------
\84\ ESIMs NGSO FSS NPRM, 33 FCC Rcd at 11419, para. 10.
---------------------------------------------------------------------------
Boeing and other commenters support this proposal.\85\ Boeing
asserts that the Commission already appropriately treats ESIMs as a
permitted application of FSS, employing the same frequency allocation
and protection rights as FSS.\86\ Hughes, on the other hand, supports
permitting NGSO ESIM operation in the 18.8-19.3 GHz (space-to-Earth)
and 28.6-29.1 GHz (Earth-to-space) bands, not on a primary basis as the
Commission proposes, but ``with a status equal to that of any GSO
operation that takes place in the frequency band.'' \87\ Hughes notes
that, to date, the Commission has authorized use of these bands by GSO
FSS on a secondary basis with respect to communications between NGSO
systems and fixed earth stations, and that Hughes has successfully
entered into coordination agreements with several NGSO system operators
to utilize these frequency bands in its GSO satellite networks, with
the expectation that coordination would require analysis only of
networks with fixed earth stations.\88\ According to Hughes, allowing
NGSO ESIMs to operate on a primary basis would complicate the ability
of GSO licensees to seek coordination agreements with NGSO systems that
will allow these frequency bands to be used with maximum
efficiency.\89\ Therefore, Hughes argues the Commission should permit
all GSO operations and ESIM NGSO operations to have equal status, with
each having secondary status with respect to fixed earth stations
communicating with NGSO satellites in these frequency bands.\90\
---------------------------------------------------------------------------
\85\ See Boeing NPRM Comments at 7; ESIM Coalition at 3; SES and
O3b NPRM Comments at 8.
\86\ Boeing NPRM Comments at 7.
\87\ Hughes NPRM Comments at 4.
\88\ Id.
\89\ Id. at 4-5.
\90\ See Letter from Jennifer A. Manner, Senior Vice President,
Regulatory Affairs, Hughes Network Systems, to Marlene H. Dortch,
Secretary, Federal Communications Commission, IB Docket No. 18-315,
at 2 (Apr. 19, 2019).
---------------------------------------------------------------------------
We agree with Boeing that Hughes' proposal overreaches with respect
to the appropriate regulatory treatment of ESIMs operating in the 18.8-
19.3 GHz (space-to-Earth) and the 28.6-29.1 GHz (Earth-to-space)
bands.\91\ As Hughes acknowledges, these frequency bands constitute one
of the few FSS allocations where NGSO FSS systems have priority over
GSO FSS networks.\92\ Nonetheless, Hughes urges the Commission to treat
ESIMs operations with NGSO FSS systems as co-equal with GSO FSS
networks in this spectrum.\93\ As the Commission has stated, ``limiting
the primary designation in these frequency bands to NGSO FSS systems
will give operators of these systems greater flexibility in the
coordination discussions and ultimate deployment.'' \94\ Further, we
agree with Boeing that Hughes' private agreements with certain NGSO FSS
operators are immaterial to Commission policy regarding the rights of
future NGSO FSS systems.\95\ Accordingly, we decline to lower the
status of ESIMs communicating with NGSO FSS satellites below that of
other earth stations communicating with NGSO FSS satellites.
---------------------------------------------------------------------------
\91\ Boeing NPRM Reply Comments at 2.
\92\ Hughes NPRM Reply Comments at 4. As Boeing notes, Hughes
does not explain how its proposal for co-equal status would work.
Presumably, however, Hughes' existing Ka-band GSO FSS operations
would have first-in-time priority over ESIMs operating with NGSO FSS
systems given the fact that ESIMs are not yet authorized in this
spectrum. Boeing NPRM Reply Comments at 3.
\93\ Hughes NPRM Comments at 4.
\94\ See Update to Parts 2 and 25 Concerning Non-Geostationary,
Fixed-Satellite Service Systems and Related Matters, Report and
Order and Further Notice of Proposed Rulemaking, 32 FCC Rcd 7809,
7814-15, ] 14 (2017) (NGSO FSS Report and Order).
\95\ Boeing NPRM Reply Comments at 3.
---------------------------------------------------------------------------
Viasat argues that the Commission must ensure that any primary NGSO
ESIM operations that may be allowed in the 18.8-19.3 GHz (space-to-
Earth) and 28.6-29.1 GHz (Earth-to-space) band segments within the
United States do not impact GSO operations outside of the United
States, where GSO and NGSO systems are co-primary and are subject to
ITU coordination requirements.\96\ Similarly, Hughes requests that the
Commission clarify that while GSO operations are secondary to NGSO
operations in the United States in these frequency bands, the services
are co-primary outside the United States.\97\ As has been the
Commission's policy in other situations involving operations outside
the United States, ESIM operations in a NGSO FSS system licensed by the
United States will: (i) Have higher status than operations in a GSO FSS
satellite network licensed by the United States anywhere in the world;
(ii) have higher status than operations in a GSO FSS satellite network
that holds a grant to access the U.S. market only for communications to
or from the U.S. territory; and (iii) be co-primary with a GSO FSS
satellite network in all other cases.\98\
---------------------------------------------------------------------------
\96\ Viasat NPRM Comments at 5.
\97\ Hughes NPRM Reply Comments at 1-2.
\98\ NGSO FSS Report and Order, 32 FCC Rcd at 7814-15, para. 14.
---------------------------------------------------------------------------
In addition, CORF raises concerns regarding the Earth exploration-
satellite service co-primary allocation at 18.6-18.8 GHz (space-to-
Earth).\99\ Specifically, CORF is concerned that NGSO ESIM operations
in 18.3-18.6 GHz (space-to-Earth) and 18.8-19.3 GHz (space-to-Earth)
may contaminate Earth exploration-satellite service observations, as
radio interference from moving targets is even more difficult to flag
and remove than interference from fixed stations.\100\ CORF also notes
that increased usage of the adjacent bands may degrade this band if
out-of-band emissions are not severely curtailed.\101\ CORF raised
similar arguments against operation in these bands in the context of
ESIM operation with GSO FSS satellites. As we noted in addressing their
arguments there, CORF's concerns are not with ESIMs, which solely
receive in the frequency bands that CORF identified as being of
concern, but rather with the space-to-Earth
[[Page 44779]]
transmissions of NGSO satellites, which are not the subject of this
rulemaking.\102\ Therefore, as before, we note that the Commission's
rules already impose specific limits on out of band emissions.
---------------------------------------------------------------------------
\99\ See CORF NPRM Comments.
\100\ Id. at 12.
\101\ Id. at 13.
\102\ See supra para. 22.
---------------------------------------------------------------------------
Kymeta argues for even further streamlining than the Commission has
proposed.\103\ For example, in the case of existing licensees seeking
to operate with NGSO satellite systems on a primary basis in the 28.6-
29.1 GHz (Earth-to-space) band, Kymeta states that no additional
technical information should be required.\104\ Further, Kymeta requests
the Commission to find that for existing licensees seeking to operate
with NGSO satellite systems on a primary or secondary basis in all
other authorized Ku-band and Ka-band frequencies, the only additional
technical showing required would be a demonstration that the ESIM
complies with the equivalent power flux density up limits referenced in
Sec. 25.289. While other commenters do not oppose Kymeta's proposals
as a general matter, commenters disagree about the specific technical
showing that should be required.\105\ We note that such proposals are
well beyond the current rulemaking. Moreover, any showing of the kind
proposed by Kymeta would be more appropriately provided by the licensee
of the NGSO FSS system since equivalent power flux density limits refer
to the aggregate of all emissions within the system. We therefore
decline to adopt Kymeta's proposals at this time.
---------------------------------------------------------------------------
\103\ Kymeta NPRM Comments at 4-5.
\104\ Id. at 4.
\105\ See, e.g. SES NPRM Reply Comments at 8.
---------------------------------------------------------------------------
10.7-11.7 GHz.--The Commission sought comment on allowing ESIMs to
receive signals from NGSO FSS space stations in the 10.7-11.7 GHz
(space-to-Earth) band, on an unprotected basis, with respect to
transmissions from non-Federal fixed service stations. FSS and fixed
service are co-primary in these frequency bands, and receive
terrestrial stations are protected by existing power flux density
limits on space station transmissions.\106\ Accordingly, the Commission
sought comment on revising paragraph (a) of footnote NG527A to indicate
that ESIMs can operate with NGSO FSS systems on an unprotected basis
with regard to non-Federal fixed service in this frequency band. Many
commenters support this proposal.\107\ Also, in this frequency band,
NGSO FSS operations must not cause unacceptable interference to, or
claim protection from, GSO FSS networks.\108\ Boeing states that the
downlink transmissions from NGSO FSS satellites to ESIMs will be
indistinguishable from existing NGSO FSS downlink transmissions.\109\
We agree with Boeing and find that the operation of ESIMs in this band
will be indistinguishable from other NGSO FSS operations. Because the
mechanisms the Commission already has in place to protect GSO FSS
networks from NGSO FSS will also provide protection against NGSO ESIM
operations, we adopt the revisions proposed to paragraph (a) of
footnote NG527A, which will allow ESIMs to operate on an unprotected
basis with regard to non-Federal fixed service in this frequency
band.\110\
---------------------------------------------------------------------------
\106\ 47 CFR 25.146(a)(1).
\107\ Boeing NPRM Comments at 8; Hughes NPRM Comments at 5;
Kepler NPRM Comments at 2; Viasat NPRM Comments at 4.
\108\ 47 CFR 25.289. Commenters here again raise the issue of
use of the term ``unacceptable interference'' versus ``harmful
interference'' in the NPRM. See, e.g., SES and O3b NPRM Comments at
8. This issue is addressed at paragraph 30, supra.
\109\ Boeing NPRM Comments at 8.
\110\ Consistent with our decision in paragraph 8 above, we
revise footnote NG527A to allow ESIMs to communicate with NGSO
satellites, subject to the conditions that ESIMs may not claim
protection from transmissions from non-Federal fixed service
stations and that NGSO FSS systems may not cause unacceptable
interference to, or claim protection from, GSO FSS networks. See
Appendix B, NG527A.
---------------------------------------------------------------------------
CORF asserts that there is a significant risk of interference to
radio astronomy observations from downlinks in the 10.7-11.7 GHz
band.\111\ We agree that protection of these services is important but
find that existing protections are sufficient to guard against
interference to radio astronomy operations. CORF suggests protection of
the primary allocation of Earth exploration-satellite service in the
10.68-10.70 GHz portion of the frequency band either through use of a
guard band of 25 megahertz, so that the lowest frequency of this ESIM
downlink band would be 10.725 GHz, or through use of a more stringent
out-of-band emission standard for ESIM downlinks to protect Earth
exploration-satellite service observations in the 10.68-10.70 GHz
band.\112\ As CORF notes, however, radio astronomy service observations
in the 10.6-10.7 GHz band \113\ are already entitled to protection
under the Commission's rules,\114\ as established by footnote US74,
which states that ``the radio astronomy service shall be protected from
unwanted emissions only to the extent that such radiation exceeds the
level which would be present if the offending station were operating in
compliance with the technical standards or criteria applicable to the
service in which it operates.'' \115\ Since our actions today do not
change this balance that the rules strike, and since the question of
modifying the current protection of radio astronomy observation is part
of an ongoing Commission proceeding regarding out-of-band-
emissions,\116\ the appropriate forum to address these requests is that
proceeding. Accordingly, we decline to address those requests here.
CORF also asks the Commission to include a requirement for NGSO
operators transmitting in the 10.7-11.7 GHz band to coordinate with
radio astronomy observatories; however, as CORF acknowledges, such a
requirement is already included in footnote US131.\117\
---------------------------------------------------------------------------
\111\ CORF NPRM Comments at 8.
\112\ Id. at 9-10.
\113\ As we note in fn 27, CORF mentions 10.6-11.7 GHz on page 7
of its FNPRM Comments. However, it is clear from the context that
their intention was to reference the 10.6-10.7 GHz band which has a
primary allocation to the Radio Astronomy Services. 47 CFR 2.106.
\114\ Id. In the 10.68 GHz-10.70 GHz portion of the frequency
band, radio astronomy service has a primary allocation and is
protected domestically by footnote US246, and by RR No. 5.340
worldwide. Pursuant to US246, ``[n]o station shall be authorized to
transmit'' at 10.68-10.7 GHz, and pursuant to RR 5.340, ``[a]ll
emissions are prohibited'' at 10.68-10.7 GHz. See 47 CFR 2.106,
US246. Similarly, in footnote US211, applicants for airborne or
space station assignments at, among other frequency bands, 10.7-11.7
GHz, are urged to take all practicable steps to protect radio
astronomy observations in the adjacent bands from harmful
interference. 47 CFR 2.106, US211; see also 47 CFR 2.106, US131
(requiring prior coordination with specific radio astronomy service
sites).
\115\ 47 CFR 2.106, US74.
\116\ CORF NPRM Comments at 9-10. See 2018 Part 25 Further
Streamlining Notice, 33 FCC Rcd at 11507-08, paras. 18-19.
\117\ CORF NPRM Comments at 8-9; 47 CFR 2.106, US131.
---------------------------------------------------------------------------
17.8-18.3 GHz.--The Commission sought comment on allowing ESIMs to
receive signals from NGSO FSS systems on a secondary basis in the 17.8-
18.3 GHz (space-to-Earth) band. This frequency band is allocated to the
fixed service on a primary basis and, given the FSS secondary status,
ESIM receive earth stations are not entitled to protection. Protection
of terrestrial operations in this band will be ensured by imposing on
space station transmissions the appropriate power flux density
limits.\118\ Accordingly, the Commission sought comment on adding a
paragraph to footnote NG527A to indicate that ESIMs can operate on a
secondary basis with regard to non-Federal fixed service in this
frequency band, both with a GSO FSS space station and with NGSO FSS
systems.\119\
---------------------------------------------------------------------------
\118\ 47 CFR 25.146(a)(1).
\119\ In this band, NGSO FSS operations must not cause
unacceptable interference to, or claim protection from, GSO FSS
networks. See 47 CFR 25.289.
---------------------------------------------------------------------------
The ESIM Coalition and other commenters support the proposal to
allow ESIMs to receive signals from
[[Page 44780]]
NGSO FSS space stations on a secondary basis in the 17.8-18.3 GHz
(space-to-Earth) band, and no commenter opposed this proposal.\120\ As
the Commission explained in the NGSO ESIMs NPRM,\121\ NGSO ESIMs can
ensure adequate protection of terrestrial operations via compliance
with the existing International Telecommunication Union power flux
density limits, currently codified in the Commission's rules.\122\
Accordingly, we adopt the proposed addition of paragraph (d) to
footnote NG527A.
---------------------------------------------------------------------------
\120\ Boeing NPRM Comments at 10; ESIM Coalition NPRM Comments
at 4; SES and O3b NPRM Comments at 8; Viasat Comments at 4.
\121\ ESIMs FSS NGSO NPRM, at para. 13.
\122\ ESIM Coalition NPRM Comments at 4; see also 47 CFR
25.146(a)(1).
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19.3-19.4 GHz and 19.6-19.7 GHz.--The Commission sought comment on
allowing ESIMs to receive signals from NGSO FSS space stations in the
19.3-19.4 GHz and 19.6-19.7 GHz (space-to-Earth) bands, on an
unprotected basis, with respect to transmissions from non-Federal fixed
service stations. FSS and fixed service are co-primary in these
frequency bands, and receive terrestrial stations are protected by
imposing the appropriate power flux density limits on space station
transmissions.\123\ In addition, NGSO FSS operations must not cause
unacceptable interference to, or claim protection from, GSO FSS
networks.\124\ Accordingly, the Commission sought comment on revising
footnote NG527A to indicate that ESIMs can operate with NGSO FSS
systems in these two frequency bands on an unprotected basis with
regard to non-Federal fixed service. The Commission also proposed
revisions to footnote NG527A to indicate that ESIMs can operate with
NGSO FSS systems in these two frequency bands, provided that NGSO FSS
operations not cause unacceptable interference to, or claim protection
from, GSO FSS satellite networks.\125\ Commenters support all of these
proposals and raise no concerns.\126\
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\123\ 47 CFR 25.146(a)(1).
\124\ 47 CFR 25.289.
\125\ ESIMs NGSO NPRM, 33 FCC Rcd at 11420, para. 12.
\126\ Boeing NPRM Comments at 8; ESIM Coalition NPRM Comments at
4; OneWeb NPRM Comments at 10; SES and O3b NPRM Comments at 8;
Viasat NPRM Comments at 4.
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Accordingly, we further revise paragraph (a) of footnote NG527(A)
to state that NGSO ESIM operations in the 19.3-19.4 GHz and 19.6-19.7
GHz (space-to-Earth) bands may be authorized on an unprotected basis
with respect to fixed service and NGSO FSS systems operating with ESIMs
may be authorized on an unprotected, non-interference basis with
respect to GSO FSS satellite networks.\127\
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\127\ See Appendix B, NG527A.
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Additional Frequency Bands
Several parties filed comments requesting that we consider
including frequency bands that were not proposed in the NGSO ESIMs
NPRM. Boeing states that the Commission should permit GSO and NGSO
ESIMs in every frequency band that is allocated for use by FSS.\128\
SES encourages the Commission to consider NGSO ESIMs matters as part of
any future proceeding developing service rules for ``V-band'' FSS in
the 37.5-52.4 GHz range of frequencies.\129\ Other commenters ask that
the Commission authorize NGSO systems to support ESIMs in additional
space-to-Earth frequency bands including 12.2-12.7 GHz, and throughout
the V-band.\130\ While some other parties join these proposals, other
commenters oppose them.\131\ For example, Iridium strongly objects to
proposals to include the 19.4-19.6 GHz and the 29.1-29.5 GHz bands,
arguing that these bands are beyond the scope of this proceeding.\132\
MDS Operations argues that allowing NGSO ESIM links in the 12.2-12.7
GHz band would create insurmountable coordination challenges for
incumbent licensees.\133\ The MVDDS 5G Coalition concurs.\134\
Specifically, they assert that ensuring that the 12.2-12.7 GHz band
remains free of ESIMs communications with NGSO FSS satellites would
protect in-band terrestrial services and preserve the possibility of
future two-way mobile 5G services.\135\ CTIA asserts that permitting
ESIM operations in the UMFUS bands would be inconsistent with the
carefully calibrated framework the Commission adopted in the Spectrum
Frontiers proceeding,\136\ which allows for limited siting of new earth
stations under very specific rules.\137\
---------------------------------------------------------------------------
\128\ Boeing FNPRM Comments at 1.
\129\ SES and O3b NPRM Comments at 9; SES and O3b NPRM Reply
Comments at 6-7.
\130\ Boeing NPRM Reply Comments at 1; Viasat NPRM Comments at
3; WorldVu NPRM Comments at i-ii, 3-7, WorldVu NPRM Reply Comments
at 1-3.
\131\ MDS Operations support the Commission's proposal to
exclude the 12 GHz MVDDS band from the bands in which ESIMs may
communicate with NGSOs. MDS Operations NPRM Reply Comments at 2. MDS
Operations asserts that allocation for ESIM use in the 12 GHz band
would stymie investment and innovation for MVDDS use. Id.
\132\ See generally Iridium NPRM Reply Comments.
\133\ MDS NPRM Reply Comments at 3-4.
\134\ MVDDS 5G Coalition NPRM Reply Comments at 1-4.
\135\ Id. at 1.
\136\ See Use of Spectrum Bands Above 24 GHz For Mobile Radio
Services, et al., Report and Order and Further Notice of Proposed
Rulemaking, 31 FCC Rcd 8014 (2016); Use of Spectrum Bands Above 24
GHz For Mobile Radio Services, et al., Second Report and Order and
Order on Reconsideration, 32 FCC Rcd 10988 (2017); Use of Spectrum
Bands Above 24 GHz For Mobile Radio Services, et al., Third Report
and Order, 33 FCC Rcd 5576 (2018); Use of Spectrum Bands Above 24
GHz For Mobile Radio Services, et al., Fifth Report and Order, 34
FCC Rcd 2556 (2019).
\137\ Letter from Jennifer L. Oberhausen, Director, Regulatory
Affairs, CTIA to Marlene H. Dortch, Secretary, Federal
Communications Commission (filed May 1, 2020) (CTIA May 1 Ex Parte
Letter) at 2; Letter from Jennifer L. Oberhausen, Director,
Regulatory Affairs, CTIA to Marlene H. Dortch, Secretary, Federal
Communications Commission (filed May 6, 2020) (CTIA May 6 Ex Parte
Letter).
---------------------------------------------------------------------------
These additional frequency bands were not included in this
proceeding, and the record is insufficient for us to consider use of
these bands for ESIMs communications with NGSO FSS satellites.
Moreover, allowing ESIMs to transmit in the UMFUS bands would be
inconsistent with the Commission's decisions adopted in the Spectrum
Frontiers proceeding. Accordingly, we decline to include these
additional frequency bands in the rules adopted in this proceeding.
Blanket Licensing
In the NGSO ESIMs NPRM, the Commission proposed extending blanket
licensing for communications of ESIMs with NGSO FSS systems since such
licensing would be limited to frequency bands in which NGSO FSS systems
have a primary status or have been found to be able to operate on a
secondary or non-conforming basis without causing interference to
primary users of those bands. The Commission sought comment on
extending blanket licensing to ESIMs operating with NGSO FSS space
stations in all the frequency bands being proposed here for ESIM NGSO
operation.
Commenters were uniformly supportive of blanket licensing.\138\
Commenters argue that blanket licensing would be more efficient than
individually licensing ESIM terminals,\139\ and that individual
licensing is only necessary to facilitate site-by-site coordination,
which is not needed for terminals in-motion, which employ technical
means to operate on a shared basis with other spectrum users.\140\ In
the past, the Commission has granted blanket licenses to ESIMs
communicating with GSO FSS satellites for each specific type of ESIM-
Earth Stations on Vessels, Vehicle-Mounted Earth Stations, and Earth
Stations Aboard Aircraft- concluding that
[[Page 44781]]
blanket licensing would be far more effective and administratively
efficient than employing an individual licensing approach for these
types of earth stations.\141\ We find that the proposed blanket
licensing does not pose any increased risk of harmful interference and
that the reasons that blanket licensing is appropriate for
communications of these terminals with GSO FSS satellites applies
equally to communications of such terminals with NGSO FSS systems.
Accordingly, we conclude that blanket licensing is appropriate for
communications of ESIMs with NGSO FSS satellites and adopt this
proposal.\142\
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\138\ ESIM Coalition NPRM Comments at 5; Kymeta NPRM Comments at
2-3; SES and O3b NPRM Comments at 10; WorldVu NPRM Comments at 10-
11; Boeing NPRM Comments at 12-13.
\139\ ESIM Coalition NPRM Comments at 5.
\140\ Kymeta NPRM Comments at 2-3.
\141\ Procedures to Govern the Use of Satellite Earth Stations
on Board Vessels in the 5925-6425 MHz/3700-4200 MHz Bands and 14.0-
14.5 GHz/11.7-12.2 GHz Bands, IB Docket No. 02-10, Report and Order,
20 FCC Rcd 674, 722, para. 115 (2005); Amendment of Parts 2 and 25
of the Commission's Rules to Allocate Spectrum and Adopt Service
Rules and Procedures to Govern the Use of Vehicle-Mounted Earth
Stations in Certain Frequency Bands Allocated to the Fixed-Satellite
Service, IB Docket No. 07-101, Report and Order, 24 FCC Rcd 10414,
10464, para. 162 (2009); Revisions to Parts 2 and 25 of the
Commission's Rules to Govern the Use of Earth Stations Aboard
Aircraft Communicating with Fixed-Satellite Service Geostationary-
Orbit Space Stations Operating in the 10.95-11.2 GHz, 11.45-11.7
GHz, 11.7-12.2 GHz and 14.0-14.5 GHz Frequency Bands, IB Docket No.
12-376, Report and Order, 27 FCC Rcd 16510, 16550, para. 104 (Dec.
28, 2012).
\142\ SES and O3b ask for confirmation that when the Commission
stated in the NGSO ESIMs NPRM that ``ESIMs' communications with NGSO
FSS systems would be limited to frequency bands in which NGSO FSS
systems have a primary status, or have been found to be able to
operate on a secondary or non-conforming basis, without causing
interference to primary users of those bands,'' the Commission was
referring to the frequency bands to be authorized for NGSO ESIMs
through this proceeding. SES and O3b NPRM Comments at 10. SES and
O3b state that such a confirmation would remove any concern that the
Commission intends to require a separate compatibility showing for a
given frequency band to be eligible for blanket licensing. To the
extent such a confirmation is necessary, we so confirm here.
---------------------------------------------------------------------------
Implementing Rule Revisions
In the paragraphs below, we address other changes to our rules, in
addition to those discussed above in connection with the frequency
bands being proposed for NGSO FSS ESIM operation. The Commission sought
comment on these changes, and on any other revisions necessary to
implement the ESIM NGSO FSS operations described here.\143\
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\143\ ESIMs NGSO FSS NPRM, 33 FCC Rcd at 11422, paras. 16-21.
The Commission stated that there would not be significant cost
associated with the rule changes for NGSO ESIMs but invited comment
to help with the costs and benefits analysis. See ESIMs NGSO FSS
NPRM, 33 FCC Rcd at 11422, para. 23. No comments were received.
---------------------------------------------------------------------------
Section 25.202. The Commission sought comment on amending the list
of frequencies available to ESIMs in Sec. 25.202(a)(8), (a)(10), and
(a)(11) to reflect changes made in this Report and Order to frequency
bands in which ESIMs can communicate with NGSO FSS satellites.\144\
Other than the objections to the 28.35-28.6 GHz band discussed above,
there were no objections to this change, and we amend Sec. 25.202,
with the exception of 28.35-28.4 GHz, also taking into account the
additional frequencies made available for ESIM operation with GSO FSS
satellites, as specified in section III.A of this Report and Order.
---------------------------------------------------------------------------
\144\ The Commission released an Erratum on December 20, 2018 to
correct the ESIMs NGSO NPRM which initially suggested revisions to,
rather than removal of, Sec. 25.202(a)(11). See Erratum to the
ESIMs NGSO FSS NPRM.
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Section 25.115. The Commission sought comment on changes to extend
the rules adopted for GSO FSS ESIMs to NGSO FSS ESIMs, with the
appropriate conforming technical changes. Specifically, comment was
sought on excluding NGSO ESIMs from rules that pertain to ``two-degree
spacing'' \145\ for GSO FSS space stations.\146\ Comment was also
sought on adding a new paragraph (o) to Sec. 25.115 to codify these
requirements for ESIMs that communicate with NGSO FSS space
stations.\147\ The Commission also sought comment on changing the
cross-references contained in the information requirements for earth
station applications set forth in Sec. 25.115 for earth stations
communicating with GSO and NGSO FSS space stations. All commenters who
addressed this issue support this approach and agree that the rules
should exclude NGSO ESIMs from the application of off-axis Equivalent
Isotropically Radiated Power (EIRP) density requirements for two-degree
spaced GSO FSS earth stations.\148\ We adopt these conforming revisions
with a small modification to take into account that Sec. 25.115(e)(2)
is limited to GSO FSS earth stations.
---------------------------------------------------------------------------
\145\ ``Two-degree spacing'' refers to angular separation in the
GSO arc between adjacent co-frequency space stations. See
Comprehensive Review of Licensing and Operating Rules for Satellite
Services, Second Report and Order, 30 FCC Rcd 14713, 14747, para. 92
(2015).
\146\ Sections 25.115(l)-(n) contain requirements in paragraphs
(1), (2), and (3)(i) that pertain to the two-degree spacing rules
for ESIMs communicating with GSO FSS space stations, which are not
applicable to NGSO systems. The requirements in paragraphs (3)(ii)-
(iv) of this section, however, are also appropriate for ESIMs
operating in NGSO FSS systems.
\147\ ESIMs NGSO NPRM, 33 FCC Rcd at 11421, para. 18.
\148\ ESIM Coalition NPRM Comments at 5-6; Viasat NPRM Comments
at 6.
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Finally, the Commission's Ka-band Plan has a secondary designation
for NGSO FSS operations in the 29.5-30.0 GHz band, as described in the
NGSO FSS Order.\149\ The licensing provisions in Sec. 25.115(f)
adopted in the NGSO FSS Order, however, inadvertently omitted the 29.5-
30.0 GHz band.\150\ In the NGSO ESIMS NPRM, the Commission proposed to
correct this omission and proposed to extend the provisions of Sec.
25.115(f) to the 29.5-30.0 GHz band. Commenters did not address this
specific point. We adopt the revision to correct the omission
consistent with the Ka-band Plan as previously adopted by the
Commission.
---------------------------------------------------------------------------
\149\ NGSO FSS Report and Order, 32 FCC Rcd at 7813, para. 9.
\150\ ESIMs NGSO NPRM, 33 FCC Rcd at 11421, para. 21.
---------------------------------------------------------------------------
Section 25.228. Section 25.228 contains requirements in paragraphs
(a), (b), and (c), that codify the two-degree spacing requirements for
ESIMs communicating with GSO FSS satellite networks, but the paragraphs
are not specifically worded to apply only to such ESIMs. The Commission
sought comment on adopting revisions to clarify that these paragraphs
apply only to ESIMs communicating with GSO FSS satellite networks.\151\
---------------------------------------------------------------------------
\151\ Id. at para. 19.
---------------------------------------------------------------------------
Intelsat notes that the proposed changes may have been interpreted
differently by different commenters,\152\ and Kepler states that
further clarification may be necessary because of the separate purposes
these rules address.\153\ Despite this disagreement, commenters are
uniformly concerned that the proposed revision eliminates the NGSO ESIM
self-monitoring and network monitoring and control requirements,\154\
and many commenters argue against adding language specifying that Sec.
25.228(a), (b), and (c) are GSO-specific. The ESIM Coalition, for
example, believes ESIM terminal self-monitoring and network control and
monitoring center requirements are essential to ensuring operations are
conducted in accordance with applicable license provisions, consistent
with the ESIM rules, and without causing interference to other
satellite and earth station operations. They argue that there is no
basis to treat GSO FSS and NGSO FSS ESIMs differently with respect to
these important requirements.\155\ Eutelsat concurs, stating this
revision appears to suggest elimination of self-monitoring and
[[Page 44782]]
network control and monitoring center requirements for NGSO FSS ESIMs.
---------------------------------------------------------------------------
\152\ Intelsat NPRM Reply Comments at 3.
\153\ Kepler NPRM Comments at 1-2, and n4.
\154\ See ESIM Coalition at 5-6; Eutelsat at 2; SES at 9;
Intelsat NPRM Reply Comments at 3.
\155\ ESIM Coalition NPRM Comments at 5-6. See also Eutelsat
NPRM Comments at 2.
---------------------------------------------------------------------------
We agree with these concerns. Therefore, we adopt modified language
to ensure that GSO and NGSO FSS ESIM operators comply with the same
general monitoring and control requirements, and limit applicability to
GSO ESIMs only for Sec. 25.228(a). Specifically, to confirm the
applicability of Sec. Sec. 25.228(b) and 25.228(c) to both GSO and
NGSO FSS ESIMs, we do not include the word ``GSO'' in the initial
sentence, and include clauses specifically applicable to GSO and NGSO
in the remaining text of the rule.\156\ We agree with commenters that
there should be parity between the GSO and NGSO ESIM self-monitoring
and network monitoring and control requirements.\157\ We also agree
with commenters that self-monitoring and network monitoring and control
requirements are necessary to ensure operations are in accordance with
the Commission's rules and licensing conditions.\158\
---------------------------------------------------------------------------
\156\ See Sec. 25.228(b) and (c) in Appendix B of the Report
and Order.
\157\ ESIM Coalition NPRM Comments at 5-6; Eutelsat NPRM
Comments at 2; SES NPRM Reply Comments at 9; Intelsat NPRM Reply
Comments at 3; WorldVu NPRM Reply Comments at 4.
\158\ Intelsat NPRM Reply Comments at 3.
---------------------------------------------------------------------------
Relatedly, we note that the adoption of the Sec. 25.228 rules in
the GSO ESIMs Report & Order and FNPRM inadvertently created an
inconsistency with regard to network control and monitoring centers for
Earth Stations on Vessels.\159\ Specifically, in that decision, the
Commission adopted Sec. 25.228(e)(1) which states, in part, that Earth
Stations on Vessels operators must control Earth Stations on Vessels by
a network control and monitoring center located in the United States,
but it fails to include the option of using an equivalent facility, as
Sec. 25.228's paragraph (c) does for ESIMs.\160\ Because Earth
Stations on Vessels are a type of ESIM, and because Sec. 25.228(c) as
adopted in the GSO ESIM R&O already provided that ``[e]ach ESIM must be
monitored and controlled by a network control and monitoring center
(NCMC) or equivalent facility,'' the addition of ``equivalent
facility'' to the language in Sec. 25.228(e)(1) simply conforms the
two provisions of the rules in accordance with the GSO ESIM Report &
Order.\161\ Therefore, we fix that inconsistency here by adding the
phrase ``or equivalent facility'' (which appears in Sec. 25.228(c)) to
Sec. 25.228(e)(1), to state that Earth Stations on Vessels operators
must control all Earth Stations on Vessels by a network control and
monitoring center or equivalent facility located in the United
States.\162\
---------------------------------------------------------------------------
\159\ GSO ESIM Report & Order, 33 FCC Rcd at Appendix B.
\160\ See 47 CFR 25.228(c) and (e).
\161\ GSO ESIM Report & Order, 33 FCC Rcd 9327.
\162\ See Appendix B (setting forth amendments adopted herein to
47 CFR 25.228(e)) (emphasis added). Because this change is editorial
and non-substantive, we find good cause to conclude that notice and
comment are unnecessary for its adoption. See 5 U.S.C. 553(b)(B).
---------------------------------------------------------------------------
Kepler argues that further clarification may be required on how
various systems should operate their ESIMs, and in particular notes
that a satellite network need not be controlled in ``real-time'' from a
network control and monitoring center, but may instead rely either on
Artificial Intelligence (``AI'') or predetermined rules in order to
mitigate interference as it relates to aggregate EIRP.\163\ Kepler
further asserts that while this does not preclude the requirement for a
network control and monitoring center, it should be clarified that
operations without bent-pipe architecture may implement alternate
safety measures, and could use the satellite itself as an ``equivalent
facility.'' \164\ Although we agree that technology may evolve to such
a point in the future, we find that such a discussion is beyond the
scope of this rulemaking.
---------------------------------------------------------------------------
\163\ Kepler NPRM Comments at 2.
\164\ See also Kepler NPRM Comments at 2.
---------------------------------------------------------------------------
Paragraph (j) of Sec. 25.228 is explicitly limited to ESIMs
transmitting to GSO FSS satellites, and the Commission sought comment
on revising the language of the rule to apply to Ku-band ESIMs
communicating with NGSO FSS space stations as well.\165\ Additionally,
in the 14.0-14.2 GHz (Earth-to-space) band, there is a secondary
allocation to the Space Research service. In order to ensure
compatibility with Space Research operations, the Commission sought
comment on modifying Sec. 25.228(j) to extend to NGSO FSS systems
conditions that currently apply to ESIM operation with GSO FSS space
stations.\166\ CORF asserts that since radio astronomy observatories
are just as vulnerable to interference from NGSO uplinks as from GSO
uplinks, the Commission should modify the text of Sec. 25.228(j) to
apply the same coordination requirement to NGSO operators.\167\ Viasat
agrees with the Commission and CORF that such a requirement would be
reasonable.\168\ We adopt the revision.
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\165\ ESIMs NGSO NPRM, 33 FCC Rcd at 11421, para. 19.
\166\ Id. at 11419, para. 9.
\167\ CORF NPRM Comments at 11.
\168\ Viasat NPRM Reply Comments at 7-8.
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Section 25.103. Consistent with these changes, the Commission
proposed to amend the definitions of Earth Stations on Vessels,
Vehicle-Mounted Earth Stations, and Earth Stations Aboard Aircraft in
Sec. 25.103, which restrict communications to ``geostationary-orbit
FSS space stations.'' \169\ Pursuant to what was described above, Earth
Stations on Vessels, Vehicle-Mounted Earth Stations, and Earth Stations
Aboard Aircraft would also be permitted to operate in NGSO FSS systems.
Accordingly, the Commission sought comment on removing the word
``geostationary-orbit'' from these definitions. No commenters objected
to this change, and we adopt it herein.
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\169\ ESIMs NGSO NPRM, 33 FCC Rcd at 11421, para. 20; 47 CFR
25.103.
---------------------------------------------------------------------------
Additional conforming changes. Pursuant to changes to part 25 of
the Commission's rules in another proceeding,\170\ we take this
opportunity to eliminate cross-references to Sec. 25.223, which has
been removed and reserved. Specifically, we delete the cross references
in Sec. Sec. 25.103, Routine processing or licensing,
25.115(g)(1)(vii), and 25.209(f).\171\ Further, we add text in Sec.
25.218(a) and (j) to incorporate the 24.75-25.25 GHz band that had been
included in the now reserved Sec. 25.138.\172\
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\170\ Spectrum Frontiers Third Report and Order, 33 FCC Rcd 5576
(2018).
\171\ Because these changes are editorial and non-substantive,
we find good cause to conclude that notice and comment are
unnecessary for their adoption. See 5 U.S.C. 553(b)(B).
\172\ In the Spectrum Frontiers Third Report and Order, the
Commission amended Sec. 25.138 of the Commission's rules to include
the 24.75-25.25 GHz band vis-[agrave]-vis GSO FSS earth station
licensing requirements. 33 FCC Rcd 5576. Based on the timing of
rules becoming effective, that section was subsequently ``reserved''
in the Code of Federal Regulations. See GSO ESIM Report & Order, 33
FCC Rcd 9327, 33 FCC Rcd at Appendix B. Therefore, bringing the
adopted edits into the appropriate rule section is a simple
ministerial update. As such, we find good cause to conclude that
notice and comment are unnecessary for their inclusion. See 5 U.S.C.
553(b)(B).
---------------------------------------------------------------------------
Additionally, we take this opportunity to harmonize the language of
the revisions to Sec. 25.115(l)(3)(i)-(n)(3)(i) adopted in the GSO
ESIMs Report & Order and FNPRM with the text of that decision.\173\
Specifically, in the GSO ESIMs Report & Order and FNPRM, we stated that
Sec. 25.115(l)(3)(i)-(n)(3)(i) would require all applicants to
``provide a certification that the ESIM system is capable of detecting
and automatically ceasing emissions when an individual ESIM transmitter
exceeds the relevant off-axis EIRP spectral density limits specified in
Sec. 25.218, or the limits provided to the target satellite operator
for operation under Sec. 25.220.'' \174\ However, in the text of the
rules, we
[[Page 44783]]
stated that an application would need to certify that ``an individual
ESIM transmitter '' meets these requirements.\175\ The revisions here
conform the text of the rule to the language of the Order regarding
``systems,'' and therefore they are editorial and non-substantive
changes.\176\
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\173\ GSO ESIMs Report & Order and FNPRM, 33 FCC Rcd at 9351,
para. 75.
\174\ Id. (emphasis added).
\175\ See, e.g., 47 CFR 25.115(l)(3)(i).
\176\ See Appendix B, Final Rules.
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Final Regulatory Flexibility Analysis. Pursuant to the Regulatory
Flexibility Act of 1980, as amended, 5 U.S.C. 601 et seq. (RFA), the
Commission's Final Regulatory Flexibility Analysis (FRFA) on the
possible significant economic impact on small entities of the policies
and rules was addressed in this Second Report and Order in IB Docket
No. 17-95 and Report and Order in IB Docket No. 18-315,. The
Commission's Consumer and Governmental Affairs Bureau, Reference
Information Center, will send a copy of this Second Report and Order in
IB Docket No. 17-95 and Report and Order in IB Docket 18-315, including
the FRFA, to the Chief Counsel for Advocacy of the Small Business
Administration (SBA).
Paperwork Reduction Act. This document does not contain new or
modified information collection requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public Law 104-13. In addition, therefore,
it does not contain any new or modified information collection burden
for small business concerns with fewer than 25 employees, pursuant to
the Small Business Paperwork Relief Act of 2002, Public Law 107-198,
see 44 U.S.C. 3506(c)(4).
Congressional Review Act. The Commission has determined, and the
Administrator of the Office of Information and Regulatory Affairs,
Office of Management and Budget, concurs that these rules are non-major
under the Congressional Review Act, 5 U.S.C. 804(2). The Commission
will send a copy of this Second Report and Order in IB Docket No. 17-95
and Report and Order in IB Docket 18-315 and Further Notice of Proposed
Rulemaking to Congress and the Government Accountability Office
pursuant to 5 U.S.C. 801(a)(1)(A).
Ordering Clauses
It Is Ordered, pursuant to sections 4(i), 7(a), 303, 308(b), and
316 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i),
157(a), 303, 308(b), 316, that this Second Report and Order in IB
Docket No. 17-95 and Report and Order in IB Docket No. 18-315 Is
Adopted, the policies, rules, and requirements discussed herein Are
Adopted, and parts 2 and 25 of the Commission's rules Are Amended as
set forth in Appendix B.
It Is Further Ordered that the rules and requirements adopted in
the Second Report and Order in IB Docket No. 17-95 and Report and Order
in IB Docket No. 18-315 Will Become Effective 30 days from the date of
publication in the Federal Register.
It Is Further Ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, Shall Send a
copy of this Second Report and Order in IB Docket No. 17-95 and Report
and Order in IB Docket No. 18-315 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.
It Is Further Ordered that the Commission, Shall Send a copy of
this Second Report and Order in IB Docket No. 17-95 and Report and
Order in IB Docket No. 18-315 to Congress and the Government
Accountability Office pursuant to the Congressional Review Act, see 5
U.S.C. 801(a)(1)(A).
List of Subjects
47 CFR Part 2
Radio, Table of frequency allocations.
47 CFR Part 25
Administrative practice and procedure, Earth stations, Satellites.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 2 and 25 as follows:
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
1. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
0
2. Section 2.106, the Table of Frequency Allocations, is amended as
follows:
0
a. Pages 52 and 53 are revised.
0
b. In the list of Non-Federal Government (NG) footnotes, footnote
NG527A is revised.
The revisions and additions read as follows:
Sec. 2.106 Table of Frequency Allocations.
* * * * *
BILLING CODE 6712-01-P
[[Page 44784]]
[GRAPHIC] [TIFF OMITTED] TR24JY20.000
[[Page 44785]]
[GRAPHIC] [TIFF OMITTED] TR24JY20.001
BILLING CODE 6712-01-C
[[Page 44786]]
* * * * *
Non-Federal Government (NG) Footnotes
* * * * *
NG527A Earth Stations in Motion (ESIMs), as regulated under 47
CFR part 25, are an application of the fixed-satellite service (FSS)
and the following provisions shall apply:
(a) In the bands 10.7-11.7 GHz, 19.3-19.4 GHz, and 19.6-19.7 GHz
(space-to-Earth), ESIMs may be authorized for the reception of FSS
emissions from geostationary and non-geostationary satellites,
subject to the conditions that these earth stations may not claim
protection from transmissions of non-Federal stations in the fixed
service and that non-geostationary-satellite systems not cause
unacceptable interference to, or claim protection from,
geostationary-satellite networks.
(b) In the bands 11.7-12.2 GHz (space-to-Earth), 14.0-14.5 GHz
(Earth-to-space), 18.3-18.8 GHz (space-to-Earth), 19.7-20.2 GHz
(space-to-Earth), 28.35-28.6 GHz (Earth-to-space), and 29.25-30.0
GHz (Earth-to-space), ESIMs may be authorized to communicate with
geostationary satellites on a primary basis.
(c) In the bands 11.7-12.2 GHz (space-to-Earth), 14.0-14.5 GHz
(Earth-to-space), 18.3-18.6 GHz (space-to-Earth), 19.7-20.2 GHz
(space-to-Earth), 28.4-28.6 GHz (Earth-to-space), and 29.5-30.0 GHz
(Earth-to-space), ESIMs may be authorized to communicate with non-
geostationary satellites, subject to the condition that non-
geostationary-satellite systems may not cause unacceptable
interference to, or claim protection from, geostationary-satellite
networks.
(d) In the band 17.8-18.3 GHz (space-to-Earth), ESIMs may be
authorized for the reception of FSS emissions from geostationary and
non-geostationary satellites on a secondary basis, subject to the
condition that non-geostationary-satellite systems not cause
unacceptable interference to, or claim protection from,
geostationary-satellite networks.
(e) In the bands 18.8-19.3 GHz and 28.6-29.1 GHz, ESIMs may be
authorized to communicate with geostationary and non-geostationary
satellites, subject to the condition that geostationary-satellite
networks may not cause unacceptable interference to, or claim
protection from, non-geostationary satellite systems in the fixed-
satellite service.
PART 25--SATELLITE COMMUNICATIONS
0
3. The authority citation for part 25 continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 310, 319,
332, 605, and 721, unless otherwise noted.
0
4. Amend Sec. 25.103 by revising the definitions of ``Earth Station on
Vessel,'' ``Earth Stations Aboard Aircraft,'' ``Routine processing or
licensing,'' and ``Vehicle-Mounted Earth Station'' to read as follows:
Sec. 25.103 Definitions.
* * * * *
Earth Station Aboard Aircraft (ESAA). An earth station operating
aboard an aircraft that receives from and transmits to Fixed-Satellite
Service space stations.
* * * * *
Earth Station on Vessel (ESV). An earth station onboard a craft
designed for traveling on water, receiving from and transmitting to
Fixed-Satellite Service space stations.
* * * * *
Routine processing or licensing. Expedited processing of unopposed
applications for earth stations in the FSS communicating with GSO space
stations that satisfy the criteria in Sec. 25.211(d), Sec. 25.212(c)
through (f), or Sec. 25.218, include all required information, are
consistent with all Commission rules, and do not raise any policy
issues. Some, but not all, routine earth station applications are
eligible for an autogrant procedure under Sec. 25.115(a)(3).
* * * * *
Vehicle-Mounted Earth Station (VMES). An earth station, operating
from a motorized vehicle that travels primarily on land, that receives
from and transmits to Fixed-Satellite Service space stations and
operates within the United States.
0
4. Amend Sec. 25.115 by revising paragraphs (f), (g)(1)(vii),
(l)(3)(i), (m)(3)(i), and (n)(3)(i), and adding paragraph (o) to read
as follows:
Sec. 25.115 Applications for earth station authorizations.
* * * * *
(f) NGSO FSS earth stations in 10.7-30.0 GHz. (1) An application
for an NGSO FSS earth station license in the 10.7-30.0 GHz band must
include the certification described in Sec. 25.146(a)(2).
(2) Individual or blanket license applications may be filed for
operation in the 10.7-12.7 GHz, 14-14.5 GHz, 17.8-18.6 GHz, 18.8-19.4
GHz, 19.6-20.2 GHz, 28.35-29.1 GHz, or 29.5-30.0 GHz bands; however,
ESIMs cannot operate in the 28.35-28.4 GHz band and blanket licensing
in the 10.7-11.7 GHz, 17.8-18.3 GHz, 19.3-19.4 GHz, and 19.6-19.7 GHz
bands is on an unprotected basis with respect to current and future
systems operating in the fixed service.
(3) Individual license applications only may be filed for operation
in the 12.75-13.15 GHz, 13.2125-13.25 GHz, 13.75-14 GHz, or 27.5-28.35
GHz bands.
(g) * * *
(1) * * *
(vii) The relevant off-axis EIRP density envelopes in Sec. 25.218
must be superimposed on plots submitted pursuant to paragraphs
(g)(1)(i) through (vi) of this section.
* * * * *
(l) * * *
(3) * * *
(i) ESIM applicants that meet the relevant off-axis EIRP density
mask must certify that an ESIM system is self-monitoring and capable of
automatically ceasing or reducing emissions within 100 milliseconds if
the ESIM transmitter exceeds the relevant off-axis EIRP density limits.
ESIM applicants that do not meet the relevant off-axis EIRP density
mask must provide a detailed showing that an ESIM system is self-
monitoring and capable of automatically ceasing or reducing emissions
within 100 milliseconds if the ESIM transmitter exceeds the relevant
off-axis EIRP density limits. Variable-power ESIM applicants must
certify that one or more transmitters are capable of automatically
ceasing or reducing emissions within 100 milliseconds of receiving a
command to do so from the system's network control and monitoring
center, if the aggregate off axis EIRP densities of the transmitter or
transmitters exceed the relevant off-axis EIRP density limits.
* * * * *
(m) * * *
(3) * * *
(i) ESIM applicants that meet the relevant off-axis EIRP density
mask must certify that an ESIM system is self-monitoring and capable of
automatically ceasing or reducing emissions within 100 milliseconds if
the ESIM transmitter exceeds the relevant off-axis EIRP density limits.
ESIM applicants that do not meet the relevant off-axis EIRP density
mask must provide a detailed showing that an ESIM system is self-
monitoring and capable of automatically ceasing or reducing emissions
within 100 milliseconds if the ESIM transmitter exceeds the relevant
off-axis EIRP density limits. Variable-power ESIM applicants must
certify that one or more transmitters are capable of automatically
ceasing or reducing emissions within 100 milliseconds of receiving a
command to do so from the system's network control and monitoring
center, if the aggregate off axis EIRP densities of the transmitter or
transmitters exceed the relevant off-axis EIRP density limits.
* * * * *
(n) * * *
(3) * * *
(i) ESIM applicants that meet the relevant off-axis EIRP density
mask must certify that an ESIM system is self-monitoring and capable of
automatically ceasing or reducing emissions within 100 milliseconds if
the ESIM transmitter exceeds the relevant off-axis EIRP
[[Page 44787]]
density limits. ESIM applicants that do not meet the relevant off-axis
EIRP density mask must provide a detailed showing that an ESIM system
is self-monitoring and capable of automatically ceasing or reducing
emissions within 100 milliseconds if the ESIM transmitter exceeds the
relevant off-axis EIRP density limits. Variable-power ESIM applicants
must certify that one or more transmitters are capable of automatically
ceasing or reducing emissions within 100 milliseconds of receiving a
command to do so from the system's network control and monitoring
center, if the aggregate off axis EIRP densities of the transmitter or
transmitters exceed the relevant off-axis EIRP density limits.
* * * * *
(o) The requirements in this paragraph apply to applications for
ESIMs operation with NGSO satellites in the Fixed-Satellite Service, in
addition to the requirements in paragraphs (a)(1), (a)(5), and (i) of
this section:
(1) An exhibit describing the geographic area(s) in which the ESIMs
will operate and the location of hub and/or gateway stations.
(2) The point of contact information referred to in Sec.
25.228(e)(2), (f), or (g)(1) as appropriate.
(3) Applicants for ESIMs that will exceed the guidelines in Sec.
1.1310 of this chapter for radio frequency radiation exposure must
provide, with their environmental assessment, a plan for mitigation of
radiation exposure to the extent required to meet those guidelines.
* * * * *
0
5. Amend Sec. 25.202 by revising paragraph (a)(8), adding paragraphs
(a)(10)(i) and (ii) and by removing and reserving paragraph (a)(11) as
follows:
Sec. 25.202 Frequencies, frequency tolerance, and emission limits.
(a) * * *
(8) The following frequencies are available for use by Earth
Stations on Vessels (ESVs) communicating with GSO FSS space stations,
subject to the provisions in Sec. 2.106 of this chapter:
3700-4200 MHz (space-to-Earth)
5925-6425 MHz (Earth-to-space)
* * * * *
(10) * * *
(i) The following frequencies are available for use by Earth
Stations in Motion (ESIMs) communicating with GSO FSS space stations,
subject to the provisions in Sec. 2.106 of this chapter:
10.7-11.7 GHz (space-to-Earth)
11.7-12.2 GHz (space-to-Earth)
14.0-14.5 GHz (Earth-to-space)
17.8-18.3 GHz (space-to-Earth)
18.3-18.8 GHz (space-to-Earth)
18.8-19.3 GHz (space-to-Earth)
19.3-19.4 GHz (space-to-Earth)
19.6-19.7 GHz (space-to-Earth)
19.7-20.2 GHz (space-to-Earth)
28.35-28.6 GHz (Earth-to-space)
28.6-29.1 GHz (Earth-to-space)
29.25-30.0 GHz (Earth-to-space)
(ii) The following frequencies are available for use by Earth
Stations in Motion (ESIMs) communicating with NGSO FSS space stations,
subject to the provisions in Sec. 2.106 of this chapter:
10.7-11.7 GHz (space-to-Earth)
11.7-12.2 GHz (space-to-Earth)
14.0-14.5 GHz (Earth-to-space)
17.8-18.3 GHz (space-to-Earth)
18.3-18.6 GHz (space-to-Earth)
18.8-19.3 GHz (space-to-Earth)
19.3-19.4 GHz (space-to-Earth)
19.6-19.7 GHz (space-to-Earth)
19.7-20.2 GHz (space-to-Earth)
28.4-28.6 GHz (Earth-to-space)
28.6-29.1 GHz (Earth-to-space)
29.5-30.0 GHz (Earth-to-space)
* * * * *
0
6. Amend Sec. 25.209 by revising paragraph (f) to read as follows:
Sec. 25.209 Earth station antenna performance standards.
* * * * *
(f) A GSO FSS earth station with an antenna that does not conform
to the applicable standards in paragraphs (a) and (b) of this section
will be authorized only if the applicant demonstrates that the antenna
will not cause unacceptable interference. This demonstration must show
that the transmissions of the earth station comport with the
requirements in Sec. 25.218 or the applicant must demonstrate that the
operations of the earth station have been coordinated under Sec.
25.220.
* * * * *
0
7. Amend Sec. 25.218 by revising paragraphs (a) and (j) to read as
follows:
Sec. 25.218 Off-axis EIRP density envelopes for FSS earth stations
transmitting in certain frequency bands.
(a) This section applies to applications for fixed and temporary-
fixed FSS earth stations transmitting to geostationary space stations
in the conventional C-band, extended C-band, conventional Ku-band,
extended Ku-band, conventional Ka-band, or 24.75-25.25 GHz and
applications for ESIMs transmitting in the conventional C-band,
conventional Ku-band, or conventional Ka-band, except for applications
proposing transmission of analog command signals at a band edge with
bandwidths greater than 1 MHz or transmission of any other type of
analog signal with bandwidths greater than 200 kHz.
* * * * *
(j) Applications for authority for fixed earth station operation in
the conventional C-band, extended C-band, conventional Ku-band,
extended Ku-band, conventional Ka-band, or 24.75-25.25 GHz that do not
qualify for routine processing under relevant criteria in this section,
Sec. 25.211, or Sec. 25.212 are subject to the requirements in Sec.
25.220.
0
8. Amend Sec. 25.228 by revising paragraphs (a), (b), (c), (e)(1), and
paragraph (j) introductory text to read as follows:
Sec. 25.228 Operating and coordination requirements for earth
stations in motion (ESIMs).
(a) GSO FSS ESIM transmissions must comport with the applicable
EIRP density limits in Sec. 25.218, unless coordinated pursuant to the
requirements in Sec. 25.220.
(b) Each FSS ESIM must be self-monitoring and, should a condition
occur that would cause the ESIMs to exceed its authorized off-axis EIRP
density limits in the case of GSO FSS ESIMs or any emission limits
included in the licensing conditions in the case of NGSO FSS ESIMs, the
ESIM must automatically cease transmissions within 100 milliseconds,
and not resume transmissions until the condition that caused the ESIM
to exceed those limits is corrected.
(c) Each FSS ESIM must be monitored and controlled by a network
control and monitoring center (NCMC) or equivalent facility. Each ESIM
must comply with a ``disable transmission'' command from the NCMC
within 100 milliseconds of receiving the command. In addition, the NCMC
must monitor the operation of each ESIM in its network, and transmit a
``disable transmission'' command to any ESIM that operates in such a
way as to exceed the authorized off-axis EIRP density limit for GSO FSS
ESIMs or any emission limits included in the licensing conditions in
the case of NGSO FSS ESIMs. The NCMC must not allow the ESIM(s) under
its control to resume transmissions until the condition that caused the
ESIM(s) to exceed the authorized EIRP density limits is corrected.
* * * * *
(e) * * *
(1) ESV operators must control all ESVs by a NCMC or equivalent
facility located in the United States, except that an ESV on U.S.-
registered vessels may operate under control of a NCMC location outside
the United States
[[Page 44788]]
provided the ESV operator maintains a point of contact within the
United States that will have the capability and authority to cause an
ESV on a U.S.-registered vessel to cease transmitting if necessary.
* * * * *
(j) The following requirements govern all ESIMs transmitting to GSO
or NGSO satellites in the Fixed-Satellite Service in the 14.0-14.5 GHz
band.
* * * * *
[FR Doc. 2020-13783 Filed 7-23-20; 8:45 am]
BILLING CODE 6712-01-P