Mr. John Giusti

Acting Chief of the International Bureau

Federal Communications Commission

445 12^th^ Street SW

Washington, D.C. 20554

Dear Mr. Giusti:

The National Telecommunications and Information Administration (NTIA),
on behalf of the Executive Branch Agencies, adopted the attached
proposal as a replacement for the proposal on Agenda Item 1.20
transmitted to the Commission on March 17, 2006. The revised proposal
responds to comments by the FCC WRC Advisory Committee (WAC) on the
earlier Executive Branch proposal.

The replacement proposal includes the following additional points: (1)
adopts the WAC-suggestion that the limits should be brought into use
after the last day of WRC-07; (2) adds to each footnote that the ITU
Radiocommunication Bureau \"shall make neither examination nor finding\"
in response to a second IWG-1 comment; (3) relaxes the unwanted emission
limit on 50 GHz FSS uplinks by 13 dB based on further analysis[^1] and
discussions with satellite industry representatives; (4) adds a separate
unwanted emissions limit, relaxing the maximum limit by 6 dB during rain
fading events, for 50 GHz FSS uplinks in response to the WAC proposal
and discussions with industry; (5) corrects the band limit
inconsistencies pointed-out by the WAC; and (6) addresses the impact to
active services in response to the IWG-1 comment that it was premature
to make assertions about the impact on active services.

It is important that the necessary unwanted emission limits be imposed
now so that the passive service in certain critical bands will be
protected as active services are introduced into the adjacent bands. So
far there has been no specific information brought forth by the active
services that the new unwanted emissions limits would be overly
burdensome to their operations.

This proposal is forwarded for your earliest consideration. Jim Vorhies
of my staff is the primary contact for NTIA.

Sincerely,

> *(Original Signed October 20, 2006)*

Fredrick R. Wentland

> Associate Administrator
>
> Office of Spectrum Management

Enclosure

**United States of America**

## DRAFT PROPOSAL FOR THE WORK OF THE CONFERENCE[^2]

**WRC-07 Agenda Item 1.20:** to consider the results of studies, and
proposals for regulatory measures, if appropriate, regarding the
protection of the Earth exploration-satellite service (passive) from
unwanted emissions of active services in accordance with Resolution
**738 (WRC--03)**;

**Background Information:** The *resolves* in Resolution **738** calls
for three actions: 1) study the compatibility between EESS (passive) and
the corresponding active services listed in the Table in Resolution
**738** to update Recommendation ITU-R SM.1633 or develop additional
Recommendations; 2) further study the impact of implementing the values
in *considering f* ) and *g*)[^3] in the bands 31--31.3 GHz and
51.4--52.6 GHz for unwanted emissions of systems operating in Region 2
and 3, taking into account that the impact on fixed-service systems in
Region 1 is documented in ITU-R Recommendation SM.1633; and 3) review
the results of studies in 1) and 2) in order to consider regulatory
measures, if appropriate, to ensure the protection of the EESS (passive)
operating in the bands listed in the table in Resolution **738** **(WRC
03)** from unwanted emissions of active services operating in the
corresponding bands while taking into account the impact on all
concerned services of implementing or not implementing such measures.
The table below shows the frequency band and radiocommunication service
combinations within the scope of the agenda item.

Studies documented in Recommendation ITU--R SM.1633 show that active
services in some of these bands do not produce significant unwanted
emissions in the adjacent passive band. However, active services in
other bands produce unwanted emissions in excess of EESS (passive)
protection requirements. Because of the differences between the active
services, and the differences in the use of the active and passive
services from band to band, the solutions for this agenda item have been
determined on a band-by-band and service-by-service basis.

Regulatory certainty is achieved for the most problematic cases (6 of
the 13 cases where bands and services were identified for consideration
in Resolution **738**) by administrations limiting unwanted emissions
for cases where interference is likely to occur without some action
being taken. This is accomplished by RR provisions that apply to
administrations operating systems in these six band/services.
Administrations would then need to apply those limits in their
operations in order to be in compliance with their ITU treaty
obligations. A non-mandatory limit published by the ITU would provide
useful guidance to administrations but would not provide any level of
certainty.[^4] While the imposition of the limits will not guarantee
that the performance of the passive satellite networks will be
unimpaired as new active service transmitters in nearby bands are
implemented, the Administration-imposed limits will provide some
certainty that the worst interfering cases will be avoided. Second, at
this stage of implementation of active services in many of the nearby
bands, the emission limits are part of the design considerations from
the start rather than retrofitting or modifying existing equipment
designs.

The proposals do not require, and no provision is made for, ITU
Radiocommunication Bureau examination, or enforcement of these limits.

Resolution **738** can be suppressed, and there is no need for an agenda
item dealing with unwanted emission levels in EESS (passive) bands for
the next Conference.

**Proposal:**

**USA/ /1 MOD**

**USA/ /2 ADD**

**5.AAA** In order to ensure the protection of the Earth
exploration-satellite (passive) service in the band 1 400--1 427 MHz,
the unwanted emissions power in the 1 400--1 427 MHz band delivered to
the antenna of any station in the fixed service operating in the band
1 350--1 400 MHz or in the band 1 427--1 452 MHz shall not exceed --45
dBW/27 MHz. This provision shall apply only to fixed service stations
brought into use after 9 November 2007. The Bureau shall make neither
examination nor finding with respect to this provision under either
Article **9** or **11**.

**Reasons:** Results of studies documented in Recommendation ITU--R
SM.1633 show that large numbers of higher power fixed service
transmitters can cause significant levels of unwanted emissions in the
1 400--1 427 MHz passive band. The single-entry unwanted emission limit
proposed for future systems will slightly exceed the desired protection
level of the EESS (passive) sensors in some cases, but will still allow
the collection of valuable scientific data.

**USA/ /3 [NOC]{.underline}**

No change to Radio Regulations regarding the radiolocation service
allocation in the band 1 350--1 400 MHz.

**Reasons:** Although studies documented in Recommendation ITU--R
SM.1633 show that the radiolocation unwanted emissions in the EESS
(passive) band at 1 400--1 427 MHz would exceed the permissible
interference threshold in Recommendation ITU--R SA.1029--2, any
interference would occur for only short time periods and would be
readily discernible by users of the remote sensing data, allowing
corrupted data to be discarded. The remaining uncorrupted data is
expected to satisfy the scientific objectives of the EESS missions.
Studies also show that radars would experience unacceptable degradation
in operational coverage and range, target resolution, and accuracy if
required to meet unwanted emission limits in the 1 400--1 427 MHz band.
As with other pairs of active and passive bands, use of portions of the
allocated bands must not be restricted. Radars would suffer an increased
likelihood of interference from other radars and a reduction in coverage
range, while a reduced bandwidth would be inadequate for remote sensing
requirements.

**USA/ /4 ADD**

**5.BBB** In order to ensure the protection of the Earth
exploration-satellite (passive) service in the band 1 400--1 427 MHz,
the unwanted emissions e.i.r.p. in the 1 400--1 427 MHz band of any
earth station in the space operation service (Earth-to-space) operating
in the band 1 427--1 429 MHz shall not exceed 8 dBW/27 MHz. This
provision shall apply only to space operation service earth stations
brought into use after 9 November 2007 The Bureau shall make neither
examination nor finding with respect to this provision under either
Article **9** or **11**.

**Reasons:** Results of studies documented in Recommendation ITU--R
SM.1633 show that earth station transmitters in the 1 427--1 429 MHz
band can cause significant levels of unwanted emissions in the
1 400--1 427 MHz passive band. The single-entry unwanted emission limit
proposed for future systems will slightly exceed the desired protection
level of the EESS (passive) sensors in some cases, but will still allow
the collection of valuable scientific data.

+-----------------------+-----------------------+-----------------------+
| 22-24.75 GHz          |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Allocation to         |                       |                       |
| services              |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Region 1              | Region 2              | Region 3              |
+-----------------------+-----------------------+-----------------------+
| **....**              |                       |                       |
+-----------------------+-----------------------+-----------------------+
| **22.55-23.55** FIXED |                       |                       |
|                       |                       |                       |
| INTER-SATELLITE       |                       |                       |
|                       |                       |                       |
| MOBILE                |                       |                       |
|                       |                       |                       |
| 5.149                 |                       |                       |
+-----------------------+-----------------------+-----------------------+
| **23.55-23.6** FIXED  |                       |                       |
|                       |                       |                       |
| MOBILE                |                       |                       |
+-----------------------+-----------------------+-----------------------+
| **23.6-24** EARTH     |                       |                       |
| EXPLORATION-SATELLITE |                       |                       |
| (passive)             |                       |                       |
|                       |                       |                       |
| RADIO ASTRONOMY       |                       |                       |
|                       |                       |                       |
| SPACE RESEARCH        |                       |                       |
| (passive)             |                       |                       |
|                       |                       |                       |
| 5.340                 |                       |                       |
+-----------------------+-----------------------+-----------------------+
| **....**              |                       |                       |
+-----------------------+-----------------------+-----------------------+

**USA/ /5 [NOC]{.underline}**

No change to Radio Regulations regarding the inter-satellite service
allocation in the band 22.55--23.55 GHz.

**Reasons:** Results of studies documented in Recommendation ITU--R
SM.1633 show that unwanted emissions from the ISS in the 22.55--23.55
GHz band are well below the recommended protection criteria for the EESS
(passive) in the 23.6--24.0 GHz band. Therefore, no changes are needed
to the Radio Regulations to protect the EESS (passive) in the 23.6--24.0
GHz band from unwanted emissions from the ISS in the 22.55--23.55 GHz
band.

**USA/ /6 MOD**

+-----------------------+-----------------------+-----------------------+
| 29.9-34.2 GHz         |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Allocation to         |                       |                       |
| services              |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Region 1              | Region 2              | Region 3              |
+-----------------------+-----------------------+-----------------------+
| **....**              |                       |                       |
+-----------------------+-----------------------+-----------------------+
| **30-31**             |                       |                       |
| FIXED-SATELLITE       |                       |                       |
| (Earth-to-space)      |                       |                       |
|                       |                       |                       |
| MOBILE-SATELLITE      |                       |                       |
| (Earth-to-space)      |                       |                       |
|                       |                       |                       |
| Standard frequency    |                       |                       |
| and time              |                       |                       |
| signal-satellite      |                       |                       |
| (space-to-Earth)      |                       |                       |
|                       |                       |                       |
| 5.542                 |                       |                       |
+-----------------------+-----------------------+-----------------------+
| **31-31.3** FIXED     |                       |                       |
| 5.543A ADD 5.CCC      |                       |                       |
|                       |                       |                       |
| MOBILE                |                       |                       |
|                       |                       |                       |
| Standard frequency    |                       |                       |
| and time              |                       |                       |
| signal-satellite      |                       |                       |
| (space-to-Earth)      |                       |                       |
|                       |                       |                       |
| Space research 5.544  |                       |                       |
| 5.545                 |                       |                       |
|                       |                       |                       |
| 5.149                 |                       |                       |
+-----------------------+-----------------------+-----------------------+
| **31.3-31.5** EARTH   |                       |                       |
| EXPLORATION-SATELLITE |                       |                       |
| (passive)             |                       |                       |
|                       |                       |                       |
| RADIO ASTRONOMY       |                       |                       |
|                       |                       |                       |
| SPACE RESEARCH        |                       |                       |
| (passive)             |                       |                       |
|                       |                       |                       |
| 5.340                 |                       |                       |
+-----------------------+-----------------------+-----------------------+
| **....**              |                       |                       |
+-----------------------+-----------------------+-----------------------+

**USA/ /7 [NOC]{.underline}**

No change to Radio Regulations regarding the fixed-satellite service
(Earth-to-space) allocation in the band 30-31 GHz.

**Reasons:** Results of studies documented in Recommendation ITU--R
SM.1633 show that unwanted emissions from the FSS in the 30-31 GHz band
do not exceed the recommended protection criteria for the EESS (passive)
in the 31.3-31.5 GHz band. The FSS allocation is separated from the EESS
(passive) allocation by 300 MHz, which greatly reduces the possibility
of FSS unwanted emissions exceeding the protection criteria in the EESS
(passive) band. Unwanted emission limits in the EESS (passive) band are
unnecessary, and could constrain the future development of FSS uplink
transmitters in the 30-31 GHz band.

**USA/ /8** **ADD**

**5.CCC** In order to ensure the protection of the Earth
exploration-satellite (passive) service in the band 31.3--31.5 GHz, the
unwanted emissions power in the 31.3--31.5 GHz band delivered to the
antenna of any station in the fixed service operating in the band
31.0--31.3 GHz shall not exceed --38 dBW/100 MHz (see also No.
**5.543A**). This provision shall apply only to fixed service stations
brought into use after 9 November 2007. The Bureau shall make neither
examination nor finding with respect to this provision under either
Article **9** or **11**.

**Reasons:** Studies documented in Recommendation ITU--R SM.1633
indicate that EESS (passive) systems in the 31.3--31.5 GHz band are
protected if unwanted emissions in that band from fixed service
transmitters in the 31.0--31.3 GHz band do not exceed --38 dBW in any
100 MHz reference bandwidth. Measures to ensure that future FS systems
in the 31.0--31.3 GHz band do not exceed this level will not constitute
an undue burden on the fixed service.

**USA/ /9 MOD**

+----------------------+----------------------+-----------------------+
| 40-47.5 GHz          |                      |                       |
+----------------------+----------------------+-----------------------+
| Allocation to        |                      |                       |
| services             |                      |                       |
+----------------------+----------------------+-----------------------+
| Region 1             | Region 2             | Region 3              |
+----------------------+----------------------+-----------------------+
| **....**             |                      |                       |
+----------------------+----------------------+-----------------------+
| **47.2-47.5** FIXED  |                      |                       |
|                      |                      |                       |
| FIXED-SATELLITE      |                      |                       |
| (Earth-to-space)     |                      |                       |
| 5.552 ADD 5.DDD      |                      |                       |
|                      |                      |                       |
| MOBILE               |                      |                       |
|                      |                      |                       |
| 5.552A               |                      |                       |
+----------------------+----------------------+-----------------------+

**USA/ /10 ADD**

**5.DDD** In order to ensure the protection of the Earth
exploration-satellite (passive) service in the band 50.2-50.4 GHz, the
unwanted emissions e.i.r.p. in the 50.2-50.4 GHz band of any earth
station in the fixed-satellite service operating either in the band
47.2-50.2 GHz or in the band 50.4-51.4 GHz shall not exceed 43 dBW/200
MHz under clear sky conditions, or 49 dBW/200 MHz under fading
conditions. This provision shall apply only to fixed-satellite service
earth stations brought into use after 9 November 2007. The Bureau shall
make neither examination nor finding with respect to this provision
under either Article **9** or **11**.

**Reasons:** Results of studies documented in Recommendation ITU--R
SM.1633 show that fixed-satellite service uplink transmitters operating
in bands adjacent to then 50.2-50.4 GHz passive band can cause
significant levels of unwanted emissions in the 50.2-50.4 GHz passive
band.

**USA/ /11 MOD**

+-----------------------+-----------------------+-----------------------+
| 51.4-55.78 GHz        |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Allocation to         |                       |                       |
| services              |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Region 1              | Region 2              | Region 3              |
+-----------------------+-----------------------+-----------------------+
| **51.4-52.6** FIXED   |                       |                       |
| ADD 5.EEE             |                       |                       |
|                       |                       |                       |
| MOBILE                |                       |                       |
|                       |                       |                       |
| 5.547 5.556           |                       |                       |
+-----------------------+-----------------------+-----------------------+
| **52.6-54.25** EARTH  |                       |                       |
| EXPLORATION-SATELLITE |                       |                       |
| (passive)             |                       |                       |
|                       |                       |                       |
| SPACE RESEARCH        |                       |                       |
| (passive)             |                       |                       |
|                       |                       |                       |
| 5.340 5.556           |                       |                       |
+-----------------------+-----------------------+-----------------------+
| **....**              |                       |                       |
+-----------------------+-----------------------+-----------------------+

**USA/ /12 ADD**

**5.EEE** In order to ensure the protection of the Earth
exploration-satellite (passive) service in the band 52.6--54.25 GHz, the
unwanted emissions power in the 52.6--54.25 GHz band delivered to the
antenna of any station in the fixed service operating in the band
51.4--52.6 GHz shall not exceed --33 dBW/100 MHz. This provision shall
apply only to fixed service stations brought into use after 9 November
2007. The Bureau shall make neither examination nor finding with respect
to this provision under either Article **9** or **11**.

**Reasons:** Studies documented in Recommendation ITU--R SM.1633
indicate that EESS (passive) systems in the 52.6--54.25 GHz band are
protected if unwanted emissions in that band from fixed service
transmitters in the 51.4--52.6 GHz band do not exceed --33 dBW in any
100 MHz reference bandwidth. Measures to ensure that future FS systems
in the 51.4--52.6 GHz band do not exceed this level will not constitute
an undue burden on the fixed service.

**USA/ /13 SUP**

RESOLUTION 738 (WRC‑03)

Compatibility analyses between the Earth exploration-satellite\
service (passive) and active services

**Reasons:** Consequential to completion of this agenda item. All of the
actions required under this Resolution will have been completed at
WRC-07 and it may be suppressed. The technical studies will either have
confirmed that the unwanted emissions do not interfere with the EESS
(passive) or appropriate regulatory measures, if necessary, will have
been determined and decided by WRC-07.

[^1]: The initial unwanted emission EIRP limit was based on a \"worst
    case\" deployment scenario in Asia. The revised value is based on a
    more average deployment scenario as would be typical for example in
    Europe.

[^2]: This is a second version of the Executive Branch proposal (October
    2006)

[^3]: Protection values are contained in Resolution 738 considering f
    and g as follows : *f)* that according to Recommendation
    ITU‑R SM.1633, the EESS (passive) in the band 31.3-31.5 GHz can be
    protected if the unwanted emissions of fixed-service systems (except
    high-altitude platform stations (HAPS)) operating in the band
    31.0-31.3 GHz do not exceed --38 dBW in a 100 MHz reference
    bandwidth in the band 31.3-31.5 GHz;

    *g)* that according to Recommendation ITU‑R SM.1633, the EESS
    (passive) in the band 52.6-54.25 GHz can be protected if the
    unwanted emissions of fixed-service systems operating in the band
    51.4-52.6 GHz do not exceed --33 dBW in a 100 MHz reference
    bandwidth in the band 52.6-54.25 GHz;

[^4]: Administrations generally adhere to their treaty obligations
    whether there is ITU enforcement or not. Regulators have
    understandably stated that provisions in the RR allowing a finding
    by the ITU of harmful interference to passive satellite service from
    unwanted emissions would be unworkable and unwise.