**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

> )

Amendment to the National Table of )

Frequency Allocations to Provide )

Allocation Status for Federal Earth )

Stations Communicating with )

Non-Federal Satellites )

**[PETITION FOR RULEMAKING]{.underline}**

**[OF THE]{.underline}**

**[NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION]{.underline}**

John M.R. Kneuer Kathy Smith

Acting Assistant Secretary for Chief Counsel

Communications and Information

Fredrick R. Wentland

Associate Administrator

Office of Spectrum Management

Edward M. Davison

Deputy Associate Administrator

for International Spectrum Management

Office of Spectrum Management

National Telecommunications and

Information Administration

U.S. Department of Commerce

1401 Constitution Avenue, N.W.

Room 4713

Washington, DC 20230

\(202\) 482-1816

August 4, 2006

**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

> )

Amendment to the National Table of )

Frequency Allocations to Provide )

Allocation Status for Federal Earth )

Stations Communicating with )

Non-Federal Satellites )

**[PETITION FOR RULEMAKING]{.underline}**

**[OF THE]{.underline}**

**[NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION]{.underline}**

The National Telecommunications and Information Administration (NTIA)
hereby submits this petition for rulemaking to amend the national table
of frequency allocations to provide an allocation status for U.S.
Government (Federal) earth stations communicating with non-federal
satellites.[^1] Since 1996, the Federal Communications Commission
(Commission) and the NTIA have been in discussions about the appropriate
allocation status of Federal earth stations communicating with
non-federal satellites. [^2] NTIA now requests that the Commission
initiate a rulemaking, pursuant to section 1.401 of its Rules, to amend
the National Table of Frequency Allocations to allow Federal earth
stations to operate with non-federal satellites on a primary basis
consistent with the regulatory status afforded commercial operations and
with the allocation status of the satellite service. [^3] An amendment
to allow Federal earth stations to operate in such a manner is
consistent with the President's spectrum policy goal of promoting "more
efficient and beneficial use of spectrum while protecting national and
homeland security, critical infrastructure, and Government services."
[^4]

In the current regulatory environment, Federal earth stations operating
with non-federal satellites are operated on a non-interference basis
with few exceptions. As a result, a Federal earth station is subject to
immediate shut-down if it causes interference to a non-federal
satellite, earth, or terrestrial station. Moreover, a federal agency
with an existing earth station must resolve any interference concerns if
a new non-federal terrestrial system or earth station enters the band.
During coordination between domestic satellite providers, operation by
Federal earth stations through non-federal satellites may not be
afforded the same protection as non-federal earth stations. In essence,
Federal earth stations using non-federal satellites operate on a
non-interference basis. This inequity forms the basis of NTIA's request
for regulatory parity between Federal and non-federal earth station
operations. To be clear, the Federal agencies are not seeking any rights
that are not afforded to similarly situated non-federal entities. The
agencies only seek the same rights and obligations that are afforded
non-federal earth station licensees when they access commercial
satellites.

To the maximum extent possible, federal agencies are required to use
commercial communication satellite systems unless specific mission
requirements cannot be met. [^5] A number of federal agencies have
expressed increasing concerns about their ability to meet their mission
requirements in the absence of greater certainty about the protection
afforded their use of commercial satellite services. [^6] Based on the
federal agencies' current investment in and continued reliance on
communications through non-federal satellites, the Commission should
initiate a rulemaking to amend the National Table of Frequency
Allocations to permit all Federal earth stations to have primary status
with other services when using non-federal satellites in the following
frequency bands: 3600-4200, 5850-6725, 10700-12200, 12700-13250,
13750-14500, 18300-19300, 19700-20200, 27500-30000, 37500-39500, and
47200-50200 MHz. This allocation should be patterned after US319 of the
National Table, which allows mobile-satellite service communications
between Federal earth stations and non-federal space stations.[^7]
Examples of such allocation language appear in Appendix A.

In conclusion, NTIA strongly urges the Commission to expeditiously
initiate the requested allocation rulemaking. NTIA looks forward to
working with the Commission and the satellite industry to develop
appropriate allocation language to permit the continued growth of
Federal investment and use of commercial satellite services.

Respectfully submitted,

John M.R. Kneuer Kathy Smith

Acting Assistant Secretary for Chief Counsel

Communications and Information

Fredrick R. Wentland

Associate Administrator

Office of Spectrum Management

Edward M. Davison

Deputy Associate Administrator

for International Spectrum Management

Office of Spectrum Management

National Telecommunications and

Information Administration

U.S. Department of Commerce

1401 Constitution Avenue, N.W., Room 4713

Washington, DC 20230

August 4, 2006 (202) 482-1816

**APPENDIX A**

**APPENDIX B**

[^1]: NTIA, an Executive Branch agency within the Department of
    Commerce, is the President\'s principal adviser on domestic and
    international telecommunications policy, including policies relating
    to the Nation\'s economic and technological advancement in
    telecommunications, homeland security, and public safety.
    Accordingly, NTIA makes recommendations regarding telecommunications
    policies and presents Executive Branch views on telecommunications
    matters to the Congress, the Commission, and the public. NTIA also
    manages and authorizes the U.S. Government\'s use of the radio
    spectrum and, as such, examines how Commission rulings affect the
    federal agencies' use of the spectrum and related technology. *See*
    47 U.S.C. § 902(b)(2)(A); *see also* 47 U.S.C. § 305.

[^2]: *See* Letter to Mr. Richard Smith, Chief, Office of Engineering
    and Technology, Federal Communications Commission, from Richard D.
    Parlow, Associate Administrator, Office of Spectrum Management, NTIA
    (Nov. 20, 1996) (attached at Appendix A).

[^3]: 47 C.F.R. § 1.401 (2003).

[^4]: Presidential Memorandum on Spectrum Policy, Weekly Comp. Pres.
    Doc. [2876]{.smallcaps} (Nov. 30, 2004).

[^5]: *See e.g*., NTIA Manual of Regulations and Procedures for Federal
    Radio Frequency Management, § 2.3.3 (providing "\[t\]he Government
    shall establish separate communication satellite systems only when
    they are required to meet unique governmental needs, or are
    otherwise required in the national interest.").

[^6]: *See* Letter to Mr. Michael D. Gallagher, Assistant Secretary for
    Communications and Information, NTIA, from Mr. Lee Holcomb, Chief
    Technology Officer, Department of Homeland Security (Oct. 4, 2004);
    Letter to Mr. Ed Thomas, Chief, Office of Engineering and
    Technology, Federal Communications Commission, from Linton Wells II,
    Acting Assistant Secretary of Defense (Sept. 9, 2004); Letter to Mr.
    Michael D. Gallagher, Assistant Secretary for Communications and
    Information, NTIA, from Mr. Vance E. Hitch, Chief Information
    Officer, Department of Justice (Oct. 13, 2004); Letter to Mr.
    Michael D. Gallagher, Administrator, NTIA, from Mr. Steve Zaidman,
    Vice President, Technical Operations Services, Federal Aviation
    Administration (Oct. 21, 2004); Letter to Mr. Fredrick Wentland,
    Associate Administrator, Office of Spectrum Management, NTIA, from
    Mr. John McNulty, Jr., Director, Office of Operational Systems,
    National Oceanic and Atmospheric Administration (Oct. 20, 2004)
    (attached at Appendix B).

[^7]: *See* NTIA Manual of Regulations and Procedures for Federal Radio
    Frequency Management, § 4.1.3 U.S. Government Table of Frequency
    Allocations, US319 ("In the bands 137-138 MHz, 148-149.9 MHz,
    149.9-150.05 MHz, 399.9-400.05 MHz, 400.15-401 MHz, 1610-1626.5 MHz,
    and 2483.5-2500 MHz, Federal stations in the mobile-satellite
    service shall be limited to earth stations operating with
    non-Federal space stations.").