Mr. Donald Abelson

Chief of the International Bureau

Federal Communications Commission

445 12th Street SW

Washington, D.C. 20554

Dear Mr. Abelson:

The National Telecommunications and Information Administration (NTIA),
on behalf of the Executive Branch Agencies, have approved the release of
an additional draft Executive Branch proposal for WRC-07. This proposal
considers the federal agency inputs toward the development of U.S.
Proposals for WRC-07.

The enclosed document contains a draft counter proposal for agenda item
1.8 (Resolution 122). The original proposal WAC 065 was contained in the
FCC Public Notice DA-05-2481A1. Changes shown via redline/strikeout are
changes to the WAC proposal. This proposal is forwarded for your
consideration and review by your WRC-07 Advisory Committee. Jim Vorhies
of my staff is the primary contact for NTIA.

> Sincerely,
>
> *(Original Signed April 14, 2006)*
>
> Fredrick R. Wentland
>
> Associate Administrator
>
> Office of Spectrum Management

Enclosure

####### United States of America

DRAFT PROPOSAL FOR THE WORK OF THE CONFERENCE

**WRC-07 Agenda Item 1.8 (Res. 122 (Rev.WRC-03) only**[^1]**):** *to
consider the results of ITU-R studies on technical sharing and
regulatory provisions for the application of high altitude platform
stations operating in the bands 27.5-28.35 GHz and 31‑31.3 GHz in
response to Resolution **145** **(WRC‑03),** and for high altitude
platform stations operating in the bands 47.2-47.5 GHz and 47.9-48.2 GHz
in response to Resolution **122 (Rev.WRC‑03)**;*

**ISSUE**: Matters related to the use of the bands 47.2-47.5 GHz and
47.9-48.2 GHz by high altitude platform stations (HAPS) in the fixed
service and by systems and networks in the fixed-satellite service
(FSS).

##### Resolution 122 (Rev. WRC-03)

\"Use of the bands 47.2-47.5 GHz and 47.9-48.2 GHz by high altitude
platform stations (HAPS) in the fixed service and by other services\"

**Background Information**:

The ITU has been considering the implications of HAPS in the fixed
service in the 47.2-47.5 GHz and 47.9-48.2 GHz band since 1997, when
WRC-97 first made provision for the operation of HAPS within the fixed
service. Studies have been ongoing under versions of Resolution 122
since WRC-97.

Resolution **122 (Rev. WRC-2000)** indicated that sharing studies remain
to be completed between the fixed-satellite service (FSS) and HAPS
operations in the FS. Pending the completion of studies, Resolution
**122 (Rev. WRC-2000)** instructed the Radiocommunication Bureau "that
from 22 November 1997, and pending review of the sharing studies in
*considering j)* and review of the notification process by WRC-99, the
Bureau shall accept notices in the bands 47.2-47.5 GHz and 47.9-48.2 GHz
only for high altitude platform stations in the FS and for feeder links
for the broadcasting-satellite service (BSS), shall continue to process
notices for FSS networks (except for feeder links for the
broadcasting-satellite service) for which complete information for
advance publication has been received prior to 27 October 1997, and
shall inform the notifying administrations accordingly***.\"***
Therefore, the Bureau has not accepted notices received after 22
November 1997 from non-BSS feeder link FSS networks in the 47.2-47.5 GHz
and 47.9-48.2 GHz bands.

Resolution **122 (Rev. WRC-03)** extended the restriction on processing
of notices for FSS networks other than those providing service
exclusively within Region 2. It also instructed the Bureau to maintain,
until a date to be decided by a future WRC, notices concerning HAPS that
were received by the Bureau prior to 22 November 1997 and provisionally
recorded in the Master International Frequency Register. This is a
substantial exception to No. **11.26**, which provides that "\[n\]otices
relating to assignments for high altitude platform stations in the fixed
service in the bands 47.2-47.5 GHz and 47.9-48.2 GHz shall reach the
Bureau not earlier than five years before the assignments are brought
into use."

The studies regarding HAPS in the 47.2-47.5 GHz and 47.9-48.2 GHz bands
have been completed and the results are contained in Recommendation
ITU-R SF.1481. This recommendation makes clear that co-frequency
operations between HAPS in the fixed service and FSS networks and
systems are feasible in the 47.2-47.5 GHz and 47.9-48.2 GHz bands, even
while noting that "there may be a need to develop the maximum allowable
power flux-density at satellites on the GSO due to aggregate
interference caused by ground user terminals of high altitude platform
networks." The revision to Resolution **122** that was approved at
WRC-03 confirms that co-existence between HAPS in the FS and the FSS at
47.2-47.5 GHz and 47.9-48.2 GHz is feasible, as administrations were
encouraged to facilitate interservice coordination.

In the WRC-03 revision of Resolution **122**, the ITU-R was invited to
study power limitations on HAPS ground stations to facilitate sharing
with space station receivers, regulatory provisions to address
deployment of HAPS in the FS near country borders, and technical sharing
criteria between HAPS in the FS and both radio astronomy and FSS systems
(taking into account the operational environments and the requirements
of FSS systems). With the exception of interference to and from FSS
spacecraft, and border area coordination matters in the FS, the
deployment of HAPS is a national issue. The issue of interference
between the FSS satellite and HAPS networks can be addressed through
coordination using Articles **9** and **11** of the Radio Regulations.
As a result, Resolution **122** can be suppressed, provided that
reference to the use of Article **9** for HAPS is included in a new
resolution that is referenced in No. **5.552A** of the Radio
Regulations. The Bureau should be instructed to retain all notices
concerning HAPS that are maintained in the MIFR only by virtue of
*instructs the Director of the Radiocommunication Bureau* 1 of
Resolution **122 (Rev. WRC-03)** only until 1 January 2010, unless the
notifying administration earlier informs the Bureau that the notified
assignments have been brought into use.

**Proposal**:

#### USA/1.8/

**SUP**

RESOLUTION 122 (Rev.WRC-03)

Use of the bands 47.2-47.5 GHz and 47.9-48.2 GHz by high altitude
platform stations (HAPS) in the fixed service and by other services

**Reasons**: Studies called for in relation to HAPS at 47 GHz have been
completed. The Resolution **122** application of the provisions of
Article 9 is proposed for incorporation into the Radio Regulations (see
**USA/1.8/3** below).

#### USA/1.8/2

#### MOD

**5.552A** The allocation to the fixed service in the bands 47.2-47.5
GHz and 47.9-48.2 GHz is designated for use by high altitude platform
stations. The use of the bands 47.2-47.5 GHz and 47.9-48.2 GHz by high
altitude platforms in the fixed service is subject to the provisions of
[Resolution]{.underline} **[VBANDHAPS (WRC-07)]{.underline}**
~~Resolution **122 (WRC-97)**.~~ [All notices for high altitude platform
stations in these bands that were filed with the Bureau prior to 22
November 1997 shall be canceled as of 1 January 2010 unless the
notifying administration informs the Bureau before this date that the
notified assignments have been brought into use.]{.underline}

**Reasons**: Consequential to the suppression of Resolution **122.**
While studies have been completed, HAPS systems still need to be subject
to the provisions of Article **9** to ensure coordination with the FSS
at 47 GHz. Nos. **9.17** and **9.18**, which apply for the coordination
of terrestrial stations, including HAPS, with earth stations, are
currently applicable without having to be called out in a footnote to
Article 5 of the Radio Regulations. Resolution **VBANDHAPS** is a new
resolution (see **USA/1.8/3** below) that is intended to address the
previously unaddressed coordination case of transmitting HAPS
ground-based stations with receiving space station of the FSS, when the
HAPS ground station appears in the coverage area of a satellite network.
The final sentence of the provision is needed because Resolution 122
(Rev. WRC-03) instructs the BR to maintain HAPS notices received prior
to 22 November 1997 "until a date to be decided by a future WRC."

#### USA/1.8/3

**ADD**

RESOLUTION VBANDHAPS (WRC-07)

Additional coordination mechanism resulting from high altitude platform
stations (HAPS) in the fixed service in the bands 47.2-47.5 GHz and
47.9-48.2 GHz by and by other services

The World Radiocommunication Conference (Geneva (or elsewhere), 2007),

considering

*a)* that the band 47.2-50.2 GHz is allocated to the fixed, mobile and
fixed-satellite services on a co-primary basis;

*b)* that WRC‑97 made provision for operation of HAPS, also known as
stratospheric repeaters, within the fixed service in the bands
47.2-47.5 GHz and 47.9-48.2 GHz;

*c)* that Recommendation ITU‑R F.1500 contains the characteristics of
systems in the fixed service using HAPS;

*d)* that while the decision to deploy HAPS can be taken on a national
basis, such deployment may affect neighboring administrations,
particularly in small countries;

*e)* that ITU‑R has completed studies dealing with sharing between
systems using HAPS in the fixed service and other types of systems in
the fixed service in the bands 47.2-47.5 GHz and 47.9-48.2 GHz;

*recognizing*

*a)* that the procedures of Article **9** have been applied on a
provisional basis from the end of WRC-97 through the end of WRC-07 for
coordination between satellite systems and systems using HAPS in the
bands 47.2-47.5 GHz and 47.9-48.2 GHz;

*b)* that with the suppression of Resolution **122 (Rev.WRC-03)** as of
the end of WRC-07, there is a need to provide coordination provisions
between satellite systems and systems using HAPS in the bands
47.2-47.5 GHz and 47.9-48.2 GHz in cases not presently covered under the
procedures of Article **9**;

*c)* that Nos. **9.17** and **9.18** apply for the coordination of
terrestrial stations, including HAPS, with earth stations, and vice
versa;

d\) that the coordination scenario involving a transmitting station in
the fixed service which is part of a high altitude platform network as
defined by No. **1.66A,** and other administrations with frequency
assignments for existing or planned space stations in any frequency band
in which the high altitude platform station network is to operate, is
not presently addressed in Section **II** of Article **9**,

resolves

1 to encourage administrations to facilitate coordination between
systems in the fixed service using HAPS operating in the bands
47.2-47.5 GHz and 47.9-48.2 GHz and systems of the co‑primary satellite
services in the same bands;

2 that, before an administration notifies to the Bureau or brings into
use a frequency assignment in the bands 47.2-47.5 GHz and/or 47.9-48.2
GHz for a transmitting station in the fixed service which is part of a
high altitude platform network as defined by No. **1.66A,** it shall
request and effect coordination with other administrations with
frequency assignments for existing or planned space stations in any
frequency band in which the high altitude platform station network is to
operate;

3 that any administration requesting coordination pursuant to *resolves
2* above shall send its request to the Bureau, together with the
appropriate information listed in Appendix **4** to the Radio
Regulations;

4 that any administration having received a request for coordination
made under *resolves 2* above shall promptly examine the matter with
regard to interference which may be caused to its own assignments, using
relevant ITU-R Recommendations for guidance on interference calculation
methods and criteria;

5 that if, following its action under *resolves 4* above, the
administration with which coordination was sought under *resolves 2*
does not agree to the request for coordination, it shall, within four
months of the date of publication of the BR IFIC under No. **9.38**,
inform the requesting administration of its disagreement, and shall
provide information concerning its own assignments upon which that
disagreement is based, including suggestions as it is able to offer with
a view to satisfactory resolution of the matter, to the requesting
administration with a copy to the Bureau;

6 that an administration having received a request for coordination made
under *resolves 2* above, but having not responded in the manner
provided in *resolves 5* above, shall be regarded as unaffected;

7 that Nos. **9.53** through **9.55** and Nos. **9.58** and **9.59**
shall apply or be applied, as appropriate, to coordinations initiated
pursuant to this resolution,

instructs the Director of the Radiocommunication Bureau

1 to treat complete coordination information provided to it under
*resolves 3* above in the manner in which No. **9.34** directs the
Bureau to treat complete information sent under No. **9.30** or No.
**9.32**;

2 to apply No. **9.40A** if the information provided to it under
*resolves 3* above is found to be incomplete.

**Reasons:**

Incorporates into a new resolution the coordination provisions in
Article 9 that are not already applicable by operation of regulation to
HAPS stations in the fixed service in the 47.2-47.5 GHz and 47.9-48.2
GHz bands.

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[^1]: NTIA counter proposal to WAC 065 contained in FCC Public Notice
    DA-05-2481A1.