**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+------------------------------+
| In the Matter of                 | * | ET Docket No. 98-197         |
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| Amendment of Parts 2 and 87 of   | ) |                              |
| the                              | * |                              |
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| Commission\'s Rules Regarding    |   |                              |
| the                              | * |                              |
|                                  | * |                              |
| Radionavigation Service at       | ) |                              |
| 31.8-32.3 GHz                    | * |                              |
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|                                  | * |                              |
|                                  | ) |                              |
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|                                  |   |                              |
|                                  | * |                              |
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|                                  | ) |                              |
|                                  | * |                              |
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|                                  | ) |                              |
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+----------------------------------+---+------------------------------+

**REPORT AND ORDER**

**Adopted:** September 22, 2000 **Released:** September 26, 2000

By the Commission:

# introduction

1.  By this action, we amend Part 2 of the Commission\'s Rules to delete
    the unused radionavigation[^1] service allocation from the sub-band
    31.8-32.3 GHz[^2] in the Non-Federal Government Table of Frequency
    Allocations.[^3] Consequently, we also amend Part 87 to remove this
    sub-band from the list of available frequencies set forth in the
    rules for the Aviation Services. We take this action in response to
    a request from the National Telecommunications and Information
    Administration (\"NTIA\").[^4] This action will obviate concerns for
    interference to the reception of deep space[^5] radiocommunications
    in the band 31.8-32.3 GHz from co-channel, non-Federal Government
    radionavigation transmissions that could otherwise occur in the
    future. This action will also provide adequate spectrum for future
    applications of the non-Federal Government radionavigation service
    in the remaining 1.1 gigahertz at 32.3-33.4 GHz.

# background

2.  In the International Table of Frequency Allocations,[^6] the band
    31.8-33.4 GHz is allocated to the radionavigation service on a
    primary basis throughout the world. In addition, the band 31.8-32.3
    GHz is allocated to the space research service[^7] (deep space)
    (space-to-Earth) on a primary basis throughout the world. The band
    32-33 GHz is also allocated to the inter-satellite service[^8] on a
    primary basis throughout the world. Furthermore, footnote S5.548
    states that, in designing systems for the space research service
    (deep space) in the band 31.8‑32.3 GHz, and for the inter-satellite
    and radionavigation services in the band 32‑33 GHz, administrations
    are urged to take all necessary measures to prevent harmful
    interference between these services, while bearing in mind the
    safety aspects of the radionavigation service.[^9]

3.  In the United States, the band 31.8-33.4 GHz is shared spectrum[^10]
    for use by both Federal and non-Federal Government licensees. The
    band 31.8-33.4 GHz is allocated to the radionavigation service[^11]
    on a primary basis and has been added to the list of frequencies
    available to aircraft (air carrier and private) stations and
    radionavigation land (unspecified) stations under the rules for
    Aviation Services.[^12] However, this allocation is currently unused
    by non-Federal Government licensees. In addition, the band 31.8-32.3
    GHz is allocated to the space research service for space-to-Earth
    transmissions on a primary basis by footnote US262 and the use of
    this allocation is limited to deep space communications at
    Goldstone, California.[^13] The band 32-33 GHz is also allocated to
    the inter-satellite service on a primary basis.[^14] Footnote
    S5.548, as discussed in paragraph 2, also applies domestically.

4.  We note that there is currently one pending application to use the
    band 32-33 GHz for inter-satellite links,[^15] and we expect that
    sharing of the sub-band 32.0-32.3 GHz may require detailed
    coordination between the space research and inter-satellite
    services.

5.  On October 28, 1998, we adopted a *Notice* in this proceeding.[^16]
    We received one comment in response to the *Notice*. The Table,
    below, summarizes the existing allocations in this frequency range
    and our proposals for it.

  ------------- ----------------- ----------------- --------------------- ---------------
  **Table:                                                                
  Existing                                                                
  Allocations                                                             
  in the Band                                                             
  31.8-33.4 GHz                                                           
  and Our                                                                 
  Proposal**                                                              

  Sub-bands     31.8-32 GHz       32-32.3 GHz       32.3-33 GHz           33-33.4 GHz

  Existing      Radionavigation                                           
  Allocations   service                                                   
  (available to (ground-based                                             
  both Federal  radionavigation                                           
  and           aids are not                                              
  non-Federal   permitted except                                          
  Government    where they                                                
  licensees)    operate in                                                
                cooperation with                                          
                airborne or                                               
                shipborne                                                 
                radionavigation                                           
                devices)                                                  

                Space research                                            
                service (limited                                          
                to the reception                                          
                of signals from                                           
                deep space at                                             
                Goldstone,                                                
                California)                                               

                                  Inter-satellite                         
                                  links (requested                        
                                  by a V-band                             
                                  applicant)                              

  *NPRM*        Delete unused                       Maintain the          
  Proposal      non-Federal                         non-Federal           
                Government                          Government            
                radionavigation                     radionavigation       
                service from                        service allocation in 
                31.8-32.3 GHz.                      the band 32.3-33.4    
                                                    GHz.                  
  ------------- ----------------- ----------------- --------------------- ---------------

6.  On December 16, 1999, our Office of Engineering and Technology and
    Office of Managing Director amended Part 2 of the Commission\'s
    Rules to make non-substantive revisions to the Table of Frequency
    Allocations.[^17] The staff updated the International Table to
    reflect the Table of Frequency Allocations as it is found in the
    1998 International Telecommunication Union (\"ITU\") *Radio
    Regulations*[^18] and corrected the Federal and Non-Federal
    Government Tables by adding missing footnote references 893
    (re-numbered as S5.548), US69, US262, and US278 to the band 32-33
    GHz. These revisions to the Table of Frequency Allocations had been
    proposed in the *Notice*.[^19]

# discussion

7.  As discussed in the *Notice*, the NTIA, at the request of the
    National Aeronautics and Space Administration (\"NASA\"), asked that
    we delete the radionavigation service allocation from the sub-band
    31.8-32.3 GHz in the Non-Federal Government Table of Frequency
    Allocations.[^20] NASA based its request on the potential for
    interference to its deep space receive site at Goldstone,
    California, from uncoordinated commercial radionavigation usage of
    31.8-32.3 GHz. In support of its request, NASA cited ITU
    Recommendation ITU-R SA.1061 as documenting that space research
    (deep space) sharing with airborne operations in the radionavigation
    service is not feasible. NASA explained that signals received on
    Earth from spacecraft in deep space are extremely weak, and thus are
    highly susceptible to interference of all kinds. Further, NASA
    stressed that airborne interference sources, if present, would
    easily overwhelm the desired but weak signals from space. NASA
    pointed out that to bolster reception of signals from deep space it
    has fitted its large earth station antennas with
    cryogenically-cooled preamplifiers and has employed specialized
    receivers. NASA stated that it has sited the earth stations in such
    a way as to provide radio shielding from terrestrial radio sources
    sharing the same frequency band, which are potential interferers.
    But, NASA stated, its earth stations can not be shielded from
    airborne radio sources operating on frequencies within the sub-band
    31.8-32.3 GHz, because the potential interfering signals may emanate
    from the same general direction as the desired deep space signals.

8.  NASA indicated that currently, the only radionavigation operations
    in the sub-band 31.8-32.3 GHz are from Federal Government (military)
    operations.[^21] The coordination of these military operations with
    NASA/Goldstone has been successful, NASA said, largely because they
    occur infrequently. By contrast, NASA does not believe that deep
    space operations can be coordinated successfully with private or
    commercial aircraft using terrain-following or landing-aid radars
    operating on an unrestricted basis within line-of-sight of the Deep
    Space Network site at Goldstone. To avoid causing interference, NASA
    stated, such aircraft would have to choose between the impractical
    solutions of either avoiding the airspace in the vicinity of
    Goldstone or turning off their transmitters while within
    line-of-sight of Goldstone.

9.  NASA brought this issue before NTIA\'s Interdepartment Radio
    Advisory Committee (\"IRAC\").[^22] During these discussions, the
    Federal Aviation Administration indicated that there are no known
    plans for commercial aeronautical radionavigation operations in the
    sub-band 31.8-32.3 GHz. After considering several options, the IRAC
    recommended to the NTIA that the radionavigation service allocations
    in the sub-band 31.8-32.3 GHz be limited to Federal Government use
    only, *i.e.*, that the unused non-Federal Government radionavigation
    service allocation be deleted from the sub-band 31.8-32.3 GHz. The
    NTIA endorsed this recommendation, concluding that future demand for
    commercial or private radionavigation services could be adequately
    accommodated in the remaining 1.1 gigahertz of radionavigation
    spectrum at 32.3-33.4 GHz.

10. The only commenter to this proceeding, Mr. Lyman C. Welch, commended
    the Commission for its proposal to protect deep space radio
    reception from harmful interference.[^23] Mr. Welch noticed,
    however, that footnote reference US262 had been dropped from
    Non-Federal Government Table. Thus, commercial use of the Federal
    Government\'s Goldstone facility could no longer be authorized. Mr.
    Welch requests that the band 31.8-32.3 GHz remain available for
    future commercial space research purposes. Mr. Welch believes this
    is keeping in the spirit of the Commercial Space Act of 1998 and
    other congressional efforts that aim to ensure the success of
    commercial space development.[^24] Mr. Welch states that \"several
    commercial ventures are now planning and developing space vehicles,
    including asteroid probes and other deep space projects which may
    require use of the 31.8-32.3 GHz band to send radio communications
    from space. Such non-\[Federal\] Government commercial space users
    cannot rely on the remaining 32.3-33.4 GHz band since they would
    face the same interference problems now raised by NASA.\"

11. NASA confirms that commercial ventures have already come to the Jet
    Propulsion Laboratory for access to the Goldstone deep space
    network.[^25] Accordingly, in order to preserve the authority for
    commercial entities to make use of the Federal Government\'s deep
    space facility at Goldstone, California, we will maintain the
    non-Federal Government space research service allocation in the band
    31.8-32.3 GHz, limited to the reception of deep space communications
    at Goldstone, California. In doing so, we will display the
    non-Federal Government space research allocation in the same manner
    as we proposed for the Federal Government space research allocation.
    The footnote allocation will be moved up into the Table, and the
    text of footnote US262 will be revised to contain only the
    Goldstone, California site limitation.

12. Accordingly, we adopt our proposal to delete the non-Federal
    Government radionavigation service allocation from the sub-band
    31.8-32.3 GHz. This action reduces the amount of spectrum available
    to the non-Federal Government radionavigation service in this
    frequency range by approximately 30%. By limiting future non-Federal
    Government radionavigation services to the sub-band 32.3-33.4 GHz,
    NASA\'s deep space operations in the band 31.8-32.3 GHz will be
    protected and sufficient spectrum will be available to accommodate
    such commercial and private radionavigation services as may develop
    in the future. As a consequence of this action, we also will delete
    the sub-band 31.8-32.3 GHz from the list of frequencies that are
    available for use by the aeronautical radionavigation service under
    Section 87.173 of the rules for the Aviation Services.[^26] Since
    the sub-band 32.3-33.4 GHz has previously been added to the Section
    87.173, we are adding a rule part cross-reference to Part 87 in the
    Table of Frequency Allocations.

# procedural information

13. *Final Regulatory Flexibility Certification.* The Regulatory
    Flexibility Act (\"RFA\")[^27] requires that a regulatory
    flexibility analysis be prepared for notice-and-comment rulemaking
    proceedings, unless the agency certifies that \"the rule will not,
    if promulgated, have a significant economic impact on a substantial
    number of small entities.\" The RFA generally defines \"small
    entity\" as having the same meaning as the terms \"small business,\"
    \"small organization,\" and \"small governmental jurisdiction.\" In
    addition, the term \"small business\" has the same meaning as the
    term \"small business concern\" under the Small Business Act. A
    small business concern is one which: (1) independently owned and
    operated; 2) is not dominant in its field of operation; and (3)
    satisfies any additional criteria established by the Small Business
    Administration (\"SBA\").

14. In the *Notice*, we concluded that the proposed rules \"\[would\]
    not have a significant economic impact on a substantial number of
    small entities.\"[^28] Although no separate comments were received
    concerning this certification, the only commenter to the proceeding,
    Mr. Lyman C. Welch, did express concern that this rule change would
    prohibit commercial use. In this *Report and Order*, we have
    clarified that commercial entities may continue to make use of the
    Federal Government's facility at Goldstone, and we therefore find
    that no small entities will be impacted by the rule change.
    Accordingly, we hereby certify that the deletion of the non-Federal
    Government radionavigation allocation at 31.8-32.3 GHz will not have
    a significant economic impact on a substantial number of small
    entities.

15. The Commission will send a copy of this *Report and Order*,
    including this final certification, in a report to Congress pursuant
    to the Small Business Regulatory Enforcement Fairness Act of 1996,
    *see* 5 U.S.C. § 801(a)(1)(A). In addition, the *Report and Order*
    and this certification will be sent to the Chief Counsel for
    Advocacy of the Small Business Administration, and will be published
    in the Federal Register. *See* 5 U.S.C. § 605(b).

16. *Authority.* This action is taken pursuant to Sections 4(i), 7(a),
    303(c), 303(f), 303(g), and 303(r) of the Communications Act of
    1934, as amended, 47 U.S.C. Sections 154(i), 157(a), 303(c), 303(f),
    303(g), and 303(r).

# ordering clauses

17. Accordingly, IT IS ORDERED that pursuant to the authority contained
    in Sections 4(i), 7(a), 303(c), 303(f), 303(g), and 303(r) of the
    Communications Act of 1934, as amended, 47 U.S.C. Sections 154(i),
    157(a), 303(c), 303(f), 303(g), and 303(r), this *Report and Order*
    IS ADOPTED and that Parts 2 and 87 of the Commission\'s Rules ARE
    AMENDED, as set forth in the Appendix, effective thirty days after
    publication in the Federal Register.

18. IT IS FURTHER ORDERED that the Commission's Consumer Information
    Bureau, Reference Information Center, SHALL SEND a copy of this
    *Report and Order*, including the Final Regulatory Flexibility
    Certification, to the Chief Counsel for Advocacy of the Small
    Business Association.

    FEDERAL COMMUNICATIONS COMMISSION

Magalie Roman Salas

Secretary

**Appendix: Final Rules**

Parts 2 and 87 of title 47 of the Code of Federal Regulations are
amended as follows:

**PART 2 \-- FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS**

1\. The authority citation for Part 2 continues to read as follows:

**AUTHORITY: 47 U.S.C. Sections 154, 302a, 303, and 336, unless
otherwise noted.**

2\. Section 2.1(c) is amended by revising the definition for the
inter-satellite service.

**§ 2.1 Terms and definitions.**

\* \* \* \* \*

\(c\) \* \* \*

*Inter-Satellite Service.* A radiocommunication service providing links
between artificial satellites. (RR)

\* \* \*

3\. Section 2.106 is amended as follows:

a\. Pages 74 and 75 of the Table of Frequency Allocations are revised.

b\. Footnote US262 is revised.

The revisions read as follows:

**§ 2.106 Table of Frequency Allocations.**

\* \* \* \* \*

+-----------+-----------+-----------+-----------+-----------+---------+
| 30-31     |           |           | > 30-31   | > 30-31   |         |
|           |           |           | >         | >         |         |
| FIXED-    |           |           | > FIXED-  | >         |         |
| SATELLITE |           |           | SATELLITE |  Standard |         |
| (Earth-   |           |           | >         | >         |         |
| to-space) |           |           | > (Earth- | frequency |         |
|           |           |           | to-space) | > and     |         |
| MOBILE-   |           |           | >         | > time    |         |
| SATELLITE |           |           | > MOBILE- | >         |         |
| (Earth-   |           |           | SATELLITE | > signal- |         |
| to-space) |           |           | >         | satellite |         |
|           |           |           | > (Earth- | > (       |         |
| Standard  |           |           | to-space) | space-to- |         |
| frequency |           |           | >         | >         |         |
| and time  |           |           | >         | > Earth)  |         |
| signal-   |           |           |  Standard |           |         |
| satellite |           |           | >         |           |         |
| (space-   |           |           | frequency |           |         |
| to-Earth) |           |           | > and     |           |         |
|           |           |           | > time    |           |         |
| S5.542    |           |           | >         |           |         |
|           |           |           | > signal- |           |         |
|           |           |           | satellite |           |         |
|           |           |           | > (       |           |         |
|           |           |           | space-to- |           |         |
|           |           |           | >         |           |         |
|           |           |           | > Earth)  |           |         |
|           |           |           | >         |           |         |
|           |           |           | > G117    |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 31-31.3   |           |           | > 31-31.3 | > 31-31.3 | > Fixed |
|           |           |           | >         | >         | > Mi    |
| FIXED     |           |           | >         | > FIXED   | crowave |
|           |           |           |  Standard | >         | > (101) |
| MOBILE    |           |           | >         | > MOBILE  |         |
|           |           |           | frequency | >         |         |
| Standard  |           |           | > and     | >         |         |
| frequency |           |           | > time    |  Standard |         |
| and time  |           |           | >         | >         |         |
| signal-   |           |           | > signal- | frequency |         |
| satellite |           |           | satellite | > and     |         |
| (space-   |           |           | > (       | >         |         |
| to-Earth) |           |           | space-to- | > time    |         |
|           |           |           | >         | > signal- |         |
| Space     |           |           | > Earth)  | satellite |         |
| research  |           |           | >         | > (space- |         |
| S5.544    |           |           | > S5.149  | >         |         |
| S5.545    |           |           | > US211   | >         |         |
|           |           |           |           | to-Earth) |         |
| S5.149    |           |           |           | >         |         |
|           |           |           |           | > S5.149  |         |
|           |           |           |           | > US211   |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 31.3-31.5 |           |           | >         |           |         |
|           |           |           | 31.3-31.8 |           |         |
| EARTH     |           |           | >         |           |         |
| EXP       |           |           | > EARTH   |           |         |
| LORATION- |           |           | > EXP     |           |         |
| SATELLITE |           |           | LORATION- |           |         |
| (passive) |           |           | SATELLITE |           |         |
|           |           |           | >         |           |         |
| RADIO     |           |           | (passive) |           |         |
| ASTRONOMY |           |           | >         |           |         |
|           |           |           | > RADIO   |           |         |
| SPACE     |           |           | >         |           |         |
| RESEARCH  |           |           | ASTRONOMY |           |         |
| (passive) |           |           | > US74    |           |         |
|           |           |           | >         |           |         |
| S5.340    |           |           | > SPACE   |           |         |
|           |           |           | >         |           |         |
|           |           |           |  RESEARCH |           |         |
|           |           |           | >         |           |         |
|           |           |           | (passive) |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 31.5-31.8 | >         | >         | > US246   |           |         |
|           | 31.5-31.8 | 31.5-31.8 |           |           |         |
| EARTH     | >         | >         |           |           |         |
| EXP       | > EARTH   | > EARTH   |           |           |         |
| LORATION- | > EXP     | > EXP     |           |           |         |
|           | LORATION- | LORATION- |           |           |         |
| SATELLITE | >         | >         |           |           |         |
| (passive) | >         | >         |           |           |         |
|           | SATELLITE | SATELLITE |           |           |         |
| RADIO     | >         | >         |           |           |         |
| ASTRONOMY | (passive) | (passive) |           |           |         |
|           | >         | >         |           |           |         |
| SPACE     | > RADIO   | > RADIO   |           |           |         |
| RESEARCH  | >         | >         |           |           |         |
|           | ASTRONOMY | ASTRONOMY |           |           |         |
| (passive) | >         | >         |           |           |         |
|           | > SPACE   | > SPACE   |           |           |         |
| Fixed     | >         | >         |           |           |         |
|           |  RESEARCH |  RESEARCH |           |           |         |
| Mobile    | >         | >         |           |           |         |
| except    | >         | >         |           |           |         |
| aer       | (passive) | (passive) |           |           |         |
| onautical | >         | >         |           |           |         |
|           | > S5.340  | > Fixed   |           |           |         |
| mobile    |           | >         |           |           |         |
|           |           | > Mobile  |           |           |         |
| S5.149    |           | > except  |           |           |         |
| S5.546    |           | > aer     |           |           |         |
|           |           | onautical |           |           |         |
|           |           | >         |           |           |         |
|           |           | > mobile  |           |           |         |
|           |           | >         |           |           |         |
|           |           | > S5.149  |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 31.8-32   |           |           | > 31.8-32 | > 31.8-32 |         |
|           |           |           | >         | >         |         |
| FIXED     |           |           | > RADION  | > SPACE   |         |
| S5.547A   |           |           | AVIGATION | >         |         |
|           |           |           | > US69    |  RESEARCH |         |
| RADION    |           |           | >         | > (deep   |         |
| AVIGATION |           |           | > SPACE   | >         |         |
|           |           |           | >         | > space)  |         |
| SPACE     |           |           |  RESEARCH | > (space- |         |
| RESEARCH  |           |           | > (deep   | to-Earth) |         |
| (deep     |           |           | >         | >         |         |
| space)    |           |           | > space)  | > US262   |         |
| (space-   |           |           | > (space- | >         |         |
| to-Earth) |           |           | to-Earth) | > S5.548  |         |
|           |           |           | >         | > US211   |         |
| S5.547    |           |           | > US262   |           |         |
| S5.547B   |           |           | >         |           |         |
| S5.548    |           |           | > S5.548  |           |         |
|           |           |           | > US211   |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+

+-----------+-----------+-----------+-----------+-----------+---------+
| 32-40 GHz |           |           |           |           | > Page  |
| (EHF)     |           |           |           |           | > 75    |
+-----------+-----------+-----------+-----------+-----------+---------+
| Inte      |           |           | > United  |           | > FCC   |
| rnational |           |           | > States  |           | > Rule  |
| Table     |           |           | > Table   |           | >       |
|           |           |           |           |           | Part(s) |
+-----------+-----------+-----------+-----------+-----------+---------+
| Region 1  | > Region  | > Region  | > Federal | > No      |         |
|           | > 2       | > 3       | > G       | n-Federal |         |
|           |           |           | overnment | > G       |         |
|           |           |           |           | overnment |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 32-32.3   |           |           | > 32-32.3 | > 32-32.3 |         |
|           |           |           | >         | >         |         |
| FIXED     |           |           | > INTER-  | > INTER-  |         |
| S5.547A   |           |           | SATELLITE | SATELLITE |         |
|           |           |           | > US278   | > US278   |         |
| INTER-    |           |           | >         | >         |         |
| SATELLITE |           |           | > RADION  | > SPACE   |         |
|           |           |           | AVIGATION | >         |         |
| RADION    |           |           | > US69    |  RESEARCH |         |
| AVIGATION |           |           | >         | > (deep   |         |
|           |           |           | > SPACE   | >         |         |
| SPACE     |           |           | >         | > space)  |         |
| RESEARCH  |           |           |  RESEARCH | > (space- |         |
| (deep     |           |           | > (deep   | to-Earth) |         |
| space)    |           |           | >         | >         |         |
| (space-   |           |           | > space)  | > US262   |         |
| to-Earth) |           |           | > (space- | >         |         |
|           |           |           | to-Earth) | > S5.548  |         |
| S5.547    |           |           | >         |           |         |
| S5.547C   |           |           | > US262   |           |         |
| S5.548    |           |           | >         |           |         |
|           |           |           | > S5.548  |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 32.3-33   |           |           | > 32.3-33 |           | > A     |
|           |           |           | >         |           | viation |
| FIXED     |           |           | > INTER-  |           | > (87)  |
| S5.547A   |           |           | SATELLITE |           |         |
|           |           |           | > US278   |           |         |
| INTER-    |           |           | >         |           |         |
| SATELLITE |           |           | > RADION  |           |         |
|           |           |           | AVIGATION |           |         |
| RADION    |           |           | > US69    |           |         |
| AVIGATION |           |           | >         |           |         |
|           |           |           | > S5.548  |           |         |
| S5.547    |           |           |           |           |         |
| S5.547D   |           |           |           |           |         |
| S5.548    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 33-33.4   |           |           | > 33-33.4 |           |         |
|           |           |           | >         |           |         |
| FIXED     |           |           | > RADION  |           |         |
| S5.547A   |           |           | AVIGATION |           |         |
|           |           |           | > US69    |           |         |
| RADION    |           |           |           |           |         |
| AVIGATION |           |           |           |           |         |
|           |           |           |           |           |         |
| S5.547    |           |           |           |           |         |
| S5.547E   |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 33.4-34.2 |           |           | > 33.4-36 | > 33.4-36 | >       |
|           |           |           | >         | >         | Private |
| RADI      |           |           | > RADI    | > Radi    | > Land  |
| OLOCATION |           |           | OLOCATION | olocation | >       |
|           |           |           | > US110   | > US110   |  Mobile |
| S5.549    |           |           | >         |           | > (90)  |
|           |           |           | > G34     |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 34.2-34.7 |           |           |           |           |         |
|           |           |           |           |           |         |
| RADI      |           |           |           |           |         |
| OLOCATION |           |           |           |           |         |
|           |           |           |           |           |         |
| SPACE     |           |           |           |           |         |
| RESEARCH  |           |           |           |           |         |
| (deep     |           |           |           |           |         |
| space)    |           |           |           |           |         |
| (Earth-   |           |           |           |           |         |
| to-space) |           |           |           |           |         |
|           |           |           |           |           |         |
| S5.549    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 34.7-35.2 |           |           |           |           |         |
|           |           |           |           |           |         |
| RADI      |           |           |           |           |         |
| OLOCATION |           |           |           |           |         |
|           |           |           |           |           |         |
| Space     |           |           |           |           |         |
| research  |           |           |           |           |         |
| S5.550    |           |           |           |           |         |
|           |           |           |           |           |         |
| S5.549    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 35.2-35.5 |           |           |           |           |         |
|           |           |           |           |           |         |
| METEO     |           |           |           |           |         |
| ROLOGICAL |           |           |           |           |         |
| AIDS      |           |           |           |           |         |
|           |           |           |           |           |         |
| RADI      |           |           |           |           |         |
| OLOCATION |           |           |           |           |         |
|           |           |           |           |           |         |
| S5.549    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+

UNITED STATES (US) FOOTNOTES

\* \* \* \* \*

US262 The use of the band 31.8-32.3 GHz by the space research service
(deep space) (space-to-Earth) is limited to Goldstone, California.

\* \* \* \* \*

**PART 87 \-- AVIATION SERVICES**

4\. The authority citation for Part 87 continues to read as follows:

**AUTHORITY: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303, 307(e)
unless otherwise noted. Interpret or apply 48 Stat. 1064-1068,
1081-1105, as amended; 47 U.S.C. 151-156, 301-609.**

5\. Section 87.173(b) is amended by revising the last entry in the
frequency table to read as follows:

**§ 87.173 Frequencies.**

\* \* \*

\(b\) Frequency table.

  ----------------------------- ---------- ------------ -----------------------
  Frequency or frequency band   Subpart    Class of     Remarks
                                           station      

  \*                            \*         \*           \*

  32300-33400                   F, Q       MA, RL       Aeronautical
  MHz\...\...\...\...\...\...                           radionavigation.
  ----------------------------- ---------- ------------ -----------------------

#  {#section .unnumbered}

[^1]: Radionavigation is defined as radiodetermination used for the
    purpose of navigation, including obstruction warning.
    Radiodetermination, in turn, is the determination of the position,
    velocity and/or other characteristics of an object, or the obtaining
    of information relating to these parameters, by means of the
    propagation properties of radio waves. *See* 47 C.F.R. § 2.1.

[^2]: Currently, the band 31.8-33.4 GHz is allocated to the
    radionavigation service on a primary basis in both the Federal and
    Non-Federal Government Table of Frequency Allocations.

[^3]: 47 C.F.R. § 2.106. In addition, we move the primary space research
    service (deep space) (space-to-Earth) allocation in the band
    31.8-32.3 GHz that is currently found in footnote US262 up into the
    Table as a direct listing. We make this non-substantive revision in
    order to parallel the International Telecommunication Union\'s
    \[International\] Table of Frequency Allocations.

[^4]: *See* Letter to Chief, Office of Engineering and Technology, from
    the Associate Administrator, Office of Spectrum Management, NTIA,
    dated November 3, 1997. The Commission, which is an independent
    agency, administers non‑Federal Government spectrum and the NTIA,
    which is an operating unit of the Department of Commerce,
    administers Federal Government spectrum. *See* 47 C.F.R. § 2.105(a).

[^5]: Deep space is defined as space at distances from the Earth equal
    to, or greater than, two million kilometers (1,242,742 miles). *See*
    47 C.F.R. § 2.1.

[^6]: *See* 47 C.F.R. § 2.104.

[^7]: The space research service is a radiocommunication service in
    which spacecraft or other objects in space are used for scientific
    or technological research purposes and the allocation at 31.8-32.3
    GHz is restricted to space-to-Earth transmissions from deep space.
    *See* 47 C.F.R. §§ 2.1, 2.105(d)(4).

[^8]: The inter-satellite service is a radiocommunication service
    providing links between artificial satellites. At the 1992 World
    Administrative Radio Communications Conference, the definition for
    the inter-satellite service was amended by changing the phrase
    \"artificial earth satellites\" to \"artificial satellites.\" *See*
    ITU *Radio Regulations*, Edition of 1998, Volume 1E, Article S1,
    S1.22. We are updating our definition in 47 C.F.R. § 2.1 to conform
    to this WARC-92 amendment.

[^9]: *See* Appendix, footnote S5.548. At WARC-95, former international
    footnote 893 was re-numbered as S5.548. Previously, at WARC-92, the
    footnote was amended to include reference to the space research
    service (deep space) at 31.8-32.3 GHz.

[^10]: In the United States, radio spectrum may be allocated to either
    Federal Government or non-Federal Government use exclusively, or for
    shared use. In the case of shared use, the type of service(s)
    permitted need not be the same (*e.g.*, Federal Government FIXED,
    non-Federal Government MOBILE). *See* 47 C.F.R. § 2.105(b).

[^11]: Ground-based radionavigation aids are not permitted in the band
    31.8-33.4 GHz, except where they operate in cooperation with
    airborne or shipborne radionavigation devices. *See* 47 C.F.R. §
    2.106, footnote US69.

[^12]: *See* 47 C.F.R. § 87.173(b).

[^13]: Our rules also urge applicants for airborne or space station
    assignments in the band 31.8-32 GHz to take all practicable steps to
    protect radio astronomy observations in the adjacent band 31.3-31.8
    GHz from harmful interference. *See* C.F.R. § 2.106, footnote US211.
    However, the radio astronomy service is protected from extraband
    radiation 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. *See* C.F.R. § 2.106, footnote
    US74.

[^14]: In the band 32-33 GHz, non-geostationary inter-satellite links
    may operate on a secondary basis to geostationary inter-satellite
    links. *See* 47 C.F.R. § 2.106, footnote US278.

[^15]: *See* PanAmSat Corporation\'s application for its V Stream
    System, File Nos. 162 through 172-SAT-P/LA-97.

[^16]: *See Amendment of Parts 2 and 87 of the Commission's Rules
    Regarding the Radionavigation Service at 31.8-32.3 GHz*, ET Docket
    No. 98-197, *Notice of Proposed Rule Making*, FCC 98-289, 63 FR
    65726 (11/30/98), 13 FCC Rcd 22556 (1998) (\"*Notice*\").

[^17]: *See Amendment of Part 2 of the Commission\'s Rules to Make
    Non-Substantive Revisions to the Table of Frequency Allocations,
    Memorandum Opinion and Order*, DA 99-2743, 65 FR 4636 (1/31/2000),
    15 FCC Rcd 3459 (2000).

[^18]: *See* ITU *Radio Regulations*, Edition of 1998. This revision of
    the *Radio Regulations*, complementing the Constitution and the
    Convention of the ITU (Geneva, 1992), incorporates the decisions of
    WRC-95 and WRC-97.

[^19]: In the *Notice*, we observed that the references to footnotes
    US69, US262, US278, and 893 in the U.S. Table of Frequency
    Allocations, 47 C.F.R. § 2.106 (1997 Edition), for the band 32-33
    GHz were missing. A review of our docket history files revealed that
    these footnotes were adopted in 1984. *See Amendment of Part 2 of
    the Commission\'s Rules Regarding Implementation of the Final Acts
    of the World Administrative Radio Conference, Geneva, 1979*, General
    Docket No. 80-739, *Second Report and Order*, 49 FR 2357 (January
    19, 1984) at page C-149.

[^20]: *See* note 16, *supra*, at ¶¶ 4-6.

[^21]: *Id.* Military airborne precision ground mapping radars operate
    in the band 31.8-32 GHz. The Navy operates an automatic aircraft
    carrier landing system in the band 32-32.3 GHz.

[^22]: *Id.* The IRAC is composed of representatives appointed by
    twenty-three member Federal departments and agencies. Liaison
    between the IRAC and the FCC is effected by a representative
    appointed by the Commission to serve in that capacity. The IRAC
    serves in an advisory capacity pertaining to the allocation,
    management, and use of the radio spectrum. The IRAC advises the
    Assistant Secretary for Communications and Information, U.S.
    Department of Commerce, and reports to the Deputy Associate
    Administrator, Office of Spectrum Management.

[^23]: *See* Comment of Mr. Lyman C. Welch, received December 15, 1998.

[^24]: The Commercial Space Act of 1998, 42 U.S.C.A. §14701 *et. seq.*,
    has encouraged both the collection of space science data and earth
    science data from commercial providers where cost effective. The
    policy behind the legislation is based on the premise that expanding
    commercial space activities will generate economic benefits for the
    Nation and provide the Federal Government with an increasing range
    of goods and services. *See* National Space Policy Fact Sheet,
    issued September 19, 1996, at ¶ 1 of the Commercial Space Guidelines
    (http://spacescience.nasa. gov/pubs/spacepol.htm).

[^25]: *See* e-mail from Wayne Whyte, NASA Spectrum Program Manager,
    dated September 15, 1999. Mr. Whyte also states that "the realities
    of deep space communications is that you require very large, very
    low noise earth stations such as at Goldstone. The likelihood of the
    commercial sector being able to independently develop a station to
    support deep space mission is highly remote due to the costs
    involved."

[^26]: 47 C.F.R. § 87.173(b). Currently, this aeronautical
    radionavigation band extends from 31.8 GHz to 33.4 GHz.

[^27]: 5 U.S.C. § 601 *et. seq.* The RFA has been amended by the
    Contract With America Advancement Act of 1996, Pub. L. No. 104-121,
    110 Stat. 847 (1996) ("CWAAA"). Title II of the CWAAA is the Small
    Business Regulatory Enforcement Fairness Act of 1996 ("SBREFA").

[^28]: *See Notice* at 9.