**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | IB Docket No. 97-95          |
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| Allocation and Designation of    | ) |                              |
| Spectrum for Fixed-Satellite     | * |                              |
| Services in the 37.5-38.5 GHz,   | * |                              |
| 40.5-41.5 GHz and 48.2-50.2 GHz  |   |                              |
| Frequency Bands; Allocation of   | * |                              |
| Spectrum to Upgrade Fixed and    | * |                              |
| Mobile Allocations in the        | ) |                              |
| 40.5-42.5 GHz Frequency Band;    | * |                              |
| Allocation of Spectrum in the    | * |                              |
| 46.9-47.0 GHz Frequency Band for |   |                              |
| Wireless Services; and           | * |                              |
| Allocation of Spectrum in the    | * |                              |
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**SECOND REPORT AND ORDER**

**Adopted:** November 17, 2003 **Released:** December 5, 2003

By the Commission:

Table of Contents

Heading Paragraph No.

I. INTRODUCTION 1

II\. BACKGROUND 4

III\. DISCUSSION 12

A. Designation Changes 12

1\. Redesignate the 37.6-38.6 GHz and 41.0-42.0 GHz Satellite and
Wireless Services Spectrum 12

2\. Decline to Add MSS Designation to the 40.5-41.0 GHz Band 18

3\. Modify Part 25 and Part 101 Rules to Reflect New Designations 22

4\. PFD Limits 23

5\. Gateway Earth Stations 30

B. Allocation Changes 34

1\. Add FSS Allocation in the 37.5-37.6 GHz Band 34

2\. Shift MSS Allocation from 39.5-40.0 GHz to 40.5-41.0 GHz 42

3\. Add Government FSS Allocation to the 40.5-41.0 GHz Band 50

4\. Add FSS Allocation to the 41.0-42.0 GHz Band 56

5\. Consider Adding Fixed and Mobile Allocations for Non-Government Use
to the 42.5-43.5 GHz Band 59

6\. Protect Radio Astronomy in the 42.5-43.5 GHz Band 69

IV\. ORDERING CLAUSES 73

Appendix A: LIST OF Commenters

Appendix B: FINAL Rules

Appendix C: Final Regulatory Flexibility Act Analysis

APPENDIX D: CHART OF ALLOCATIONS AND DESIGNATIONS

# INTRODUCTION

1.  In this Order, we modify the band plan for the 36.0-51.4 GHz
    band.[^1] We make various designation[^2] and allocation[^3] changes
    in the 37.0-42.0 GHz band to create contiguous spectrum for both
    fixed-satellite services and terrestrial fixed and mobile services
    (wireless services), which reflects decisions made at the 2000 World
    Radiocommunication Conference (WRC-2000) in Istanbul, Turkey and the
    2003 World Radiocommunication Conference (WRC-2003) in Geneva,
    Switzerland.[^4] In this Order, we finalize the satellite and
    terrestrial designations required by our "soft segmentation"
    approach and adopt service rules for satellite services, including
    gateway definitions and power-flux density (PFD) limits. We will
    address in separate service rulemakings additional service rules for
    satellite and terrestrial systems' use of the designations we adopt
    in this item, including the precise conditions applied to the
    satellite PFD limits we adopt here, and proposed rules to coordinate
    certain types of earth stations operating in the V‑band spectrum. We
    also will address in future rulemakings the National
    Telecommunications and Information Administration's (NTIA's) request
    to delete Broadcasting-Satellite Service (BSS) from the 42.0-42.5
    GHz band and to protect Radio Astronomy operations at 42.5-43.5 GHz
    from satellite services in adjacent downlink bands. By making these
    designation and allocation changes, we bring certainty to systems
    currently operating n the 37.0-40.0 GHz portion of the spectrum and
    codify the concept of "soft-segmentation," and allow ubiquitous
    deployment of fixed service and fixed satellite service operations
    to commence in the V-band.

2.  The major decisions in this *Second Report and Order* are as
    follows:

-   Redesignate the spectrum available for wireless services from the
    41.0-42.0 GHz band to the 37.6-38.6 GHz band, redesignate the
    spectrum available for satellite uses from the 37.6-38.6 GHz band to
    the 41.0-42.0 GHz band, and modify Parts 25 and 101 of our rules
    accordingly.

-   Decline to adopt a Mobile-Satellite Service (MSS) designation in the
    40.5-41.0 GHz band on a primary basis, and allocate MSS on a
    secondary basis in the 40.5-41.0 GHz band for Federal and
    non-Federal Government use.

-   Add an additional 100 megahertz Fixed-Satellite Service (FSS)
    allocation in the 37.5-37.6 GHz band.

-   Delete the non-Federal Government MSS allocation from the 39.5-40.0
    GHz band and no longer require that non-Federal Government fixed and
    mobile operations protect Federal Government MSS earth stations in
    this band.

-   Add a Government FSS allocation to the 40.5-41.0 GHz band, and
    require Government and commercial operators to coordinate their
    operations on a co-primary[^5] basis.

-   Adopt a primary non-Government FSS allocation in the 41.0-42.0 GHz
    band and modify the Table of Allocations in Section 2.106 of our
    rules accordingly.

-   Maintain the current 47.2-48.2 GHz allocation for exclusive
    commercial use, and preserve the 42.5-43.5 GHz allocation for
    exclusive Government use (with the exception of Radio Astronomy
    operations).

-   Incorporate into the Commission's rules PFD limits in the 37.5-40.0
    GHz band that apply during normal (free-space, clear-sky) conditions
    and upper bound PFD limits that may apply during rain fade
    conditions.

-   Adopt a description of "gateway" for earth stations licensed in the
    37.5-40.0 GHz band.

    In addition, we will defer the following for a future Further Notice
    of Proposed Rulemaking:

```{=html}
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-   Protection limits for Radio Astronomy in the 42.5-43.5 GHz band, and
    deciding whether to delete the BSS allocation and/or add an FSS
    allocation in the 42.0-42.5 GHz band.

-   Conditions under which satellite operators in the 37.5-40.0 GHz band
    can exceed the normal PFD limits to compensate for rain fading.

-   Specific triggers for coordination among gateway earth stations and
    terrestrial stations in the 37.5-40.0 GHz band.

3.  Today's decision relies heavily on the consensus that FS and FSS
    proponents reached prior to WRC-2000 and proposed in the *V-band
    Further Notice*. This consensus-driven soft segmentation approach
    provides tangible benefits for both terrestrial and satellite
    advocates and ensures both sets of operators have access to
    sufficient, largely unencumbered spectrum in which to operate. While
    additional service rules must be developed before all V-band
    satellite operations can commence,[^6] we believe the changes
    adopted today are important not only to the licensees and
    applicants, but also to the public at large.[^7] This will provide
    certainty necessary for FSS operators to begin construction, and for
    FS operators to understand the parameters of the environment in
    which they can compete. We believe the changes adopted today will
    ultimately provide consumers with new services and benefits by
    accelerating the deployment and increasing the efficiency of
    telecommunications in a largely unexploited portion of the radio
    frequency spectrum.[^8]

# BACKGROUND

4.  In 1994, the Commission initiated a rulemaking proceeding to open 18
    gigahertz of spectrum for commercial use between 40.5 GHz and 153
    GHz. In the *Millimeter Wave* *Notice*,[^9] the Commission proposed
    to allocate the 40.5-42.5 GHz and the 47.2-48.2 GHz bands for new
    millimeter wave technology.[^10] In 1995, the Commission proposed
    rules for fixed wireless (point-to-point) services in the 37.0-38.6
    GHz band, and competitive wireless operations in the 38.6-40.0 GHz
    band.[^11] New technologies, however, increased the demand for
    spectrum allocations in the 36.0-51.4 GHz band and complicated these
    two proposed rulemakings.

5.  In 1996, Motorola filed a petition for rulemaking seeking allocation
    of the 37.6-38.6 GHz band to FSS (space-to-earth direction) on a
    co-primary basis with wireless services. In late 1996, the
    Commission established a working group comprised of all interested
    Bureaus and Offices. This working group met informally with
    interested industry participants and developed band plan options to
    accommodate future uses of this band.[^12] In 1997, after reviewing
    the conclusions of this group, the Commission adopted the *First
    V-band Notice*.[^13] The *First V-band Notice* proposed a band plan
    for the entire 36.0-51.4 GHz band. It was felt that this band plan
    would settle competing satellite, terrestrial, and Government
    interests, finalize the *Millimeter Wave* and *39 GHz* rulemaking
    proceedings, and address the inherent difficulties in frequency
    sharing between ubiquitous terrestrial wireless systems and fixed-
    satellite systems.

6.  Following issuance of the First V-band Notice, the Commission
    adopted a band plan for non-Government wireless and FSS services in
    the *36-51 GHz Order*. The plan recognized that forced sharing
    between services intended for communications with ubiquitous
    consumer terminals would likely result in undue technical
    constraints on one or both of the services. These technical
    constraints would not permit FS or FSS systems to achieve their full
    potentials. The *36-51 GHz Order* designated a total of four
    gigahertz of spectrum for ubiquitous FSS services in the 37.6-38.6
    GHz and 40.0-41.0 GHz bands for downlinks, and the 48.2-50.2 GHz
    band for uplinks. The Order also provided 5.6 gigahertz of spectrum
    for wireless services. The *36-51 GHz Order* retained primary
    wireless designations in the 38.6-40.0 GHz and 47.2-48.2 GHz bands,
    and added wireless designations in the 37.0-37.6 GHz, 41.0-42.5 GHz,
    46.9-47.0 GHz, and 50.4-51.4 GHz bands. The *36-51 GHz Order* also
    re-allocated the 42.5-43.5 GHz band for exclusive Government use and
    the 47.2-48.2 GHz band for exclusive non-Government use.

7.  After the Commission adopted the *36-51 GHz Order*, the U.S.
    delegation to WRC-2000 reached a consensus on a proposal for sharing
    portions of the 36.0-51.4 GHz band. The delegation consisted of
    wireless and satellite industry representatives as well as
    Government representatives. The delegation recognized that both
    wireless and satellite systems operate most efficiently in an
    allocation of contiguous spectrum and that satellites need a
    globally consistent allocation. Additionally, the delegation was
    aware that many wireless services around the globe operated below
    40.0 GHz, while few operated above that threshold. The delegation
    thus developed a band sharing arrangement for the 37.5-42.5 GHz band
    consistent with these observations and eventually introduced the key
    provisions of this consensus approach at WRC-2000.[^14]

8.  The band sharing arrangement proposed a system of
    "soft-segmentation" that would permit both FS and FSS operations in
    co-primary allocations throughout the 37.5-42.5 GHz band. The
    soft-segmentation proposal sought to encourage ubiquitous FS
    deployment below 40 GHz by having satellite operators meet more
    restrictive PFD[^15] limits below 40 GHz and encourage ubiquitous
    FSS deployment above 40 GHz by permitting more liberal PFD limits
    above 40.0 GHz. The proposed PFD restrictions would encourage
    wireless use of the 37.5-40.0 GHz and 42.0-42.5 GHz bands, and
    encourage satellite use of the 40.0-42.0 GHz band.[^16]

9.  In June, 2000, WRC-2000 (1) adopted a comprehensive sharing
    arrangement for FS and FSS in the 37.5-42.5 GHz band based largely
    on the consensus approach that the U.S. delegation supported; (2)
    adopted Resolution 84 (WRC-2000),[^17] which identified the
    37.0-40.0 GHz and the 40.5-43.5 GHz bands as available for
    high-density fixed service (HDFS) operations; (3) adopted an FSS
    allocation in the 40.5-42.5 GHz band for Region 1 (generally Europe,
    Russia and Africa); (4) established PFD limits in the 40.0-40.5 GHz
    band for FSS and provisional PFD limits in the 37.5-40.0 GHz and
    40.5-42.5 GHz bands for FSS, MSS, and BSS, and; (5) adopted a
    secondary MSS allocation in Region 2 in the 40.5-41.0 GHz band.[^18]

10. Following WRC-2000, the Commission released the *V-band Further*
    *Notice* proposing to codify domestically the consensus approach
    adopted at WRC-2000.[^19] NTIA played a key role in formulating the
    post-WRC-2000 domestic proposals. In the 39.5-40.0 GHz band, NTIA
    agreed to lower PFD limits and to add a U.S. footnote stating that
    Government MSS earth stations do not require protection from
    non-Government fixed and mobile service operations in the 39.5-40.0
    GHz band. This proposal was contingent on NTIA's proposal in the
    40.5-41.0 GHz band, which allowed military access to the 40.5-41.0
    GHz band for FSS and MSS on a primary basis.[^20] In May 2001, the
    Commission further proposed to shift FS, FSS and MSS allocations and
    to re-designate portions of the 37.5-42.5 GHz spectrum for FS and
    FSS so as to encourage FS use of the 37.0-40.0 GHz and 42.0-42.5 GHz
    bands, and a combination of FSS, MSS and BSS in the 40.0-42.0 GHz
    band. The Commission also proposed to adopt PFD limits consistent
    with the PFD limits adopted at WRC-2000 and the proposed FS and FSS
    designations.

11. In July, 2003, WRC-2003 changed some of the footnotes to the
    International Table of Allocations pertaining to the 37.5--42.5 GHz
    frequency bands. Some of these changes emphasized the use of
    high-density applications of the FSS in the 40.0-42.0 GHz and
    48.2-50.2 GHz bands (in ITU Region 2).[^21] Other footnote changes
    adopted PFD limits on both FSS and BSS operations, in the 41.0-42.5
    GHz band, to protect Radio Astronomy operations at 42.5-43.2
    GHz.[^22]

# DISCUSSION

## Designation Changes

### Redesignate the 37.6-38.6 GHz and 41.0-42 GHz Satellite and Wireless Services Spectrum

12. WRC-2000 adopted a global plan for sharing between fixed services
    and satellite services, which imposed a more rigorous satellite PFD
    limit from 37.0-40.0 GHz favoring terrestrial uses, and a less
    rigorous PFD limit from 40.0-42.0 GHz favoring satellite uses.[^23]
    In the *V-band Further Notice*, the Commission noted that such a
    soft-segmentation sharing plan would increase the total amount of
    exclusively designated, contiguous spectrum available to satellite
    operators, and would better correspond to the international
    soft-segmentation sharing arrangement established at WRC-2000.[^24]
    The Commission therefore proposed to designate the entire band from
    37.0 -- 40.0 GHz for wireless services and from 40.0-42.0 GHz for
    satellite services.[^25]

13. Commenters overwhelmingly support our proposal to redesignate
    portions of the V-band in a manner consistent with WRC-2000.[^26]
    Intelsat, for example, supports the proposed designation changes,
    noting that the re-designation would benefit all FSS satellite
    operators by creating a single two gigahertz contiguous spectrum
    block, which will greatly simplify spacecraft design.[^27] Hughes
    similarly supports the designation of the 41.0-42.0 GHz band for
    satellite services,[^28] and Winstar states that it "strongly
    supports the Commission's efforts to create a band plan for the
    36.0--51.4 GHz band and otherwise modify its rules to achieve
    optimal usage of that spectrum by fixed wireless and satellite
    providers."[^29] According to Winstar, the Commission's *V-band
    Further Notice* correctly follows the results of WRC-2000 and
    designates the 37.0-40.0 GHz and 42.0-42.5 GHz bands for terrestrial
    services and the 40.0-42.0 GHz band for satellite.[^30]

14. Consistent with the views of the majority of commenters, we
    redesignate the spectrum available for wireless services from
    41.0-42.0 GHz to 37.6-38.6 GHz and redesignate the spectrum
    available for satellite uses from 37.6-38.6 GHz to 41.0-42.0 GHz.
    This decision will provide three gigahertz of contiguously
    designated wireless services spectrum from 37.0-40.0 GHz and two
    gigahertz of contiguously designated FSS spectrum from 40.0-42.0
    GHz. Consolidating the formerly disparate spectrum designations into
    contiguous bands serves the public interest by permitting increased
    system capacity, more rapid deployment and reduced operating costs
    for FS and FSS systems.[^31] Increasing the total amount of
    exclusively designated, contiguous spectrum also will better
    correspond with the international table of allocations and will
    maximize the efficient use of the radio frequency spectrum by both
    satellite and terrestrial users with minimal changes to the existing
    Table of Frequency Allocations.[^32]

15. We are not persuaded by some satellite proponents' arguments that
    the Commission should confine wireless designations to the
    38.6--40.0 GHz band instead of permitting the FS designation from
    the 37.6-38.6 GHz band, or delay the implementation of these
    designations.[^33] Boeing, for example, would have us ignore the
    possibility of FS growth in the V-band band based on its speculation
    that the needs of the FSS systems or some as-yet unknown operator
    would outweigh the needs of previously licensed FS operators.
    Specifically, Boeing asserts that terrestrial FS has not yet
    deployed in sufficient numbers to warrant an extension of the FS
    designation to the 37.6-38.0 GHz band.[^34] We disagree. While
    terrestrial FS operations in the V-band are not yet extensive,
    satellite operations in the band have not yet been licensed. In any
    case, the regulatory certainty gained by both FS and FSS operators
    outweighs Boeing's conjecture that designating additional spectrum
    at this time "would foreclose other important alternatives that the
    Commission may wish to pursue at a later date when the public's
    needs are much clearer."[^35] As noted above, moreover, this
    redesignation should promote investment and development throughout
    the V-band.[^36]

16. A few satellite operators assert that the 37.6-38.6 GHz band should
    be allocated for FSS or, alternatively, remain undesignated.[^37]
    Boeing, for example, reasons that the propagation characteristics of
    the 37.6-38.6 GHz band, which require line-of-sight and a large
    number of base stations,[^38] make it unsuitable for a wireless
    services designation.[^39] Boeing adds that private coordination
    among the terrestrial and satellite operators might result in
    sharing arrangements superior to the consensus agreement reached at
    WRC-2000.[^40] We disagree. First, Winstar -- an FS licensee -- is
    on record as stating that the propagation characteristics of this
    band are, in fact, well suited to FS operations.[^41] Second, FS and
    FSS proponents tried, and failed, to coordinate operations in the
    V-band for many years. This proceeding and, more importantly, the
    consensus agreement that these parties reached at WRC-2000
    represents the culmination of those many years of private
    negotiation among FS and FSS interests. While we support and
    encourage parties to enter private sharing arrangements wherever
    co-primary allocations exist, we believe the consensus agreement
    reached among these parties and the Government prior to WRC-2000
    represents a better method of promoting timely and cost-effective
    deployment in this band than returning to a series of negotiations
    among each of the parties in this band. Third, designating the
    37.6-38.6 GHz band for terrestrial FS represents a key piece of the
    near universal agreement among both FS and FSS proponents at
    WRC-2000 that generally envisioned most terrestrial operations below
    40 GHz and most satellite operations above 40 GHz. If we were to
    accede to Boeing's recommendation and undo one piece of that
    agreement in a manner that favored FSS interests, we would risk
    thwarting the hard-won consensus plan that emerged from WRC-2000,
    which, in some sense, represents the type of privately negotiated
    agreement that Boeing endorses for this band. In short, we find that
    the benefits of the redesignation plan we adopt today --- certainty
    to investors, benefits to wireless and satellite engineering, and
    compliance with WRC-2000 and WRC-2003 --- outweigh the potential
    inefficiencies that the satellite proponents claims might
    occur.[^42]

17. Finally, while Hughes seeks additional spectrum for ubiquitous FSS
    operations in the V‑band, we decline to provide for such additional
    spectrum at this time.[^43] As noted above, we will not take any
    action here to undermine the basis of the consensus approach reached
    at WRC-2000 and any consideration for additional spectrum in the
    V-band for ubiquitous FSS operations will have to be done in a
    separate proceeding after a comprehensive record has been developed.
    We will, however, allow gateway operations[^44] in 47.2-48.2 GHz FSS
    (Earth-to-space) band provided that the earth station downlink
    operations are also coordinated for use in the 37.5-40.0 GHz
    band.[^45] In addition, satellite entities could bid on licenses in
    future V-Band auctions, as TRW did in the 38.6-40.0 GHz band.[^46]

### Decline to Add MSS Designation to the 40.5-41.0 GHz Band

18. In the *V-band* *Further Notice*, we proposed to add an MSS
    designation to the existing FSS and BSS designations in the
    40.5-41.0 GHz Band.[^47] The Commission reasoned that this
    designation would allow satellite licensees the maximum flexibility
    possible in deciding how to use this spectrum. The Commission noted
    that an MSS designation in the 40.5-41.0 GHz band would be
    consistent with its proposal to shift the MSS allocation from
    39.5-40.0 GHz to 40.5-41.0 GHz.[^48]

19. While a few commenters support the proposal to add an MSS
    designation to the 40.5-41.0 GHz band,[^49] most parties oppose the
    proposal as inconsistent with the designation of the 40.0-42.0 GHz
    band for FSS. Intelsat, for example, opposes an MSS designation in
    the 40.5-41.0 GHz band because adding MSS would result in the
    over-crowding of multiple services and applications in the 40.0-42.0
    GHz band.[^50] Other commenters, such as PanAmSat and TRW, assert
    that FSS and MSS systems are technically incompatible on a
    co-primary basis.[^51] Nevertheless, both PanAmSat and TRW would
    support a secondary non-government MSS allocation in the 40.5-41.0
    GHz band.[^52]

20. We decline to adopt our proposal to add a designation for MSS in the
    40.5 -41.0 GHz band. Unlike allocations, no "primary" or "secondary"
    designations exist; instead, either we designate spectrum for a
    service or we do not.[^53] Spectrum designations for a particular
    service do not necessarily preclude other technically dissimilar
    services from operating in a given band, provided that the
    dissimilar service can meet the technical constraints imposed by the
    service and licensing rules.[^54] We use designations to indicate,
    based on a series of operational and technical constraints, the
    service type that we believe should principally occupy a band that
    is allocated among multiple services of the same regulatory status.
    For example, as between the two co-primary services, FS and FSS, in
    the 37.0-40.0 GHz band, we designated the band for terrestrial
    wireless services such as FS, because we determined that the
    terrestrial FS should predominate in this band.[^55] A designation
    of more than one technically dissimilar service in a given band is
    impractical because, by definition, only one service type could
    predominate in the band due to operational characteristics.[^56]
    Hence, a designation is not appropriate for a secondary service. In
    this case, if we were to designate the 40.5-41.0 GHz band for MSS,
    we would either relegate the existing designated service---FSS---to
    something less than predominant status, or we would render the very
    use of "designations" meaningless by requiring FSS and MSS to
    coordinate on an entirely co-equal basis. As an alternative to
    adopting an additional MSS designation, therefore, we create a
    secondary allocation for MSS in the 40.5 -- 41.0 GHz band. The
    secondary allocation for MSS is discussed in detail below.[^57]

21. We question whether an MSS system could feasibly be operated in the
    same bands designated for FSS and BSS, because an MSS system would
    likely receive interference from FSS and BSS services under normal
    conditions. Even though there is a PFD limit for the shared
    allocation, the GSO (or a portion of the GSO) could be "packed" with
    FSS and BSS satellites. FSS and BSS systems are designed with fixed,
    directional antennas that point to a specific satellite to transmit
    and receive signals from space. Many MSS applications, particularly
    in the lower frequency bands, by comparison, use omni-directional
    antennas that do not point to a specific satellite. These
    omni-directional antennas are necessary because the handsets are, in
    general, mobile. The MSS receivers will "see" several transmitting
    satellites at once, however, because the MSS earth station antenna
    does not have a high directional antenna. The directional gain of
    FSS and BSS antennas, by contrast, minimizes the potential for
    receiving interference from other nearby FSS and BSS satellites due
    to the rapid decrease in antenna gain as the angle from the wanted
    satellite increases. MSS omni-directional antennas do not have this
    rapid gain roll-off pattern and, as a result, MSS, generally, has a
    greater potential to receive interference from other nearby
    satellites even when a PFD limit has been established for the FSS
    and BSS in the same band. The additional complication associated
    with MSS operations further persuades against adopting a designation
    for MSS in this band consistent with the outcome of WRC-2000 for
    Region 2. The U.S. proposal to WRC-2000 was to allocate MSS on a
    co-primary basis in the 40.5-41.0 GHz band to accommodate Government
    uses. The U.S., however, failed to secure a global, primary MSS
    allocation.[^58] We therefore allocate MSS in the 40.5-41.0 GHz band
    on a secondary basis only.[^59] Adopting MSS on a secondary basis
    will permit satellite operators to test those MSS applications that
    utilize higher gain user-antennas and, therefore, might be capable
    of sharing with FSS and BSS systems without interfering with the
    primary services.

### Modify Part 25 and Part 101 Rules to Reflect New Designations

22. In the *V-band* *Further Notice,* we proposed to amend Part 25 of
    our rules concerning fixed-satellite service to remain consistent
    with our proposals for revised designation.[^60] In addition, we
    proposed to amend Part 101 of our rules concerning fixed microwave
    services to correct the erroneous omission of FSS from the list of
    services that we permit in the 38.6-40.0 GHz band.[^61] Commenters
    generally support our decision to modify the Part 25 and Part 101
    rules to reflect the new designations. Winstar supports the
    Commission's proposal.[^62] Similarly, TRW agrees that Parts 25 and
    Part 101 of our rules should be modified.[^63] As indicated in
    Appendix B, we amend Parts 25 and 101 of our rules largely as
    proposed in the Notice.

### PFD Limits

23. In the *V-band Further Notice*, the Commission proposed to adopt
    band-specific PFD limits as a means of implementing the designations
    described above. In particular, the Commission's proposal was based
    on the soft-segmentation approach whereby the satellite PFD limits
    would differ below and above 40 GHz, consistent with Article 21 and
    Resolution 84 of the Final Acts of WRC-2000 and the U.S./CITEL
    proposal.[^64] Such an approach would primarily accommodate
    high-density fixed service systems in the 37.5-40.0 GHz band, with
    some provision for large gateway satellite earth stations, while
    primarily accommodating high-density fixed-satellite service systems
    in the 40.0-42.0 GHz band. The Commission proposed to implement this
    approach by having clear-sky PFD limits below 40 GHz 12 dB lower
    than those above 40 GHz. The Commission reasoned that this
    difference in PFD limits would favor the deployment of FS below 40
    GHz and FSS above 40 GHz.[^65] While WRC-2003 retained some aspects
    of the soft-segmentation approach, we find that the
    soft-segmentation approach is still important for the development of
    both the FS and FSS in the V-band. We, therefore, will implement PFD
    limits that favor the FS below 40 GHz and the FSS above 40 GHz.

24. Consistent with our proposed band designations in the 37.5-42.5 GHz
    band, we conclude that adopting the PFD limits supporting the
    soft-segmentation approach would enhance and promote commercial
    development of both satellite and wireless services in this band. As
    we explained in the *V-band Further Notice*, we find that U.S.
    terrestrial wireless licensees, which operate systems today and plan
    to deploy additional systems in the near future, would benefit from
    the certainty of knowing the precise PFD limits that will apply in
    the United States. Similarly, we find that satellite operators,
    whose systems require more time to build than terrestrial operators,
    would benefit from knowing the parameters that they will need to
    observe in the United States when constructing their global systems.
    Accordingly, we adopt PFD limits in the 37.5-42.0 GHz bands that
    provide both satellite and wireless operators an added level of
    certainty concerning the potential impact by the other service on
    their operations. These PFD limits also support "soft-segmentation"
    and designations of separate FS and FSS spectrum. The only
    outstanding issues are how to implement PFD limits under varying
    propagation conditions in the 37.5-40.0 GHz band, and how to protect
    the Radio Astronomy Service (RAS) observations in the 42.5-43.5 GHz
    band from satellite operations in the 42.0-42.5 GHz band. The PFD
    levels we adopt for the 37.5-42.0 GHz bands are contained in Section
    25.208.

25. Several commenters support the WRC-2000 "top-down" approach, which
    establishes relatively high PFD limits for fade conditions and
    relied on licensees to decrease their PFD to account for normal
    operating conditions.[^66] TRW, for example, notes that, since the
    WRC-2000, the US has firmly backed the WRC-methodology in the
    ITU-R.[^67] TRW therefore alleges that adopting the US/CITEL
    "bottom-up" approach "will likely cause confusion and compound
    already substantial international resentment to the clear-sky PFD
    elements.[^68] PamAmSat similarly finds that adopting a standard
    contrary to the WRC-2000 approach "will create confusion and add to
    international unhappiness with the clear-sky PFD components" of the
    band plan.[^69]

26. In contrast to WRC-2000's "top-down" approach, the U.S./CITEL
    approach established lower PFD limits for normal operating
    conditions and, where applicable, allows licensees to increase power
    to compensate for fade conditions.[^70] Winstar, for example, claims
    that the WRC-2000 approach will place the burden on HDFS operators
    to police the FSS operators to make sure the FSS is operating at the
    lower PFD levels; on the other hand, Winstar argues that the
    US/CITEL approach "will reasonably shift the burden to FSS operators
    to be diligent about when and how they operate at higher power
    levels."[^71]

27. Upon review, we find that our rules should reflect at this time the
    PFD limits that define the boundaries of the soft-segmentation.[^72]
    To this end, we incorporate in our rules the PFD levels that apply
    during normal operations, *i.e.,* when there is no rain fading and
    the upper bound PFD that will apply during fade conditions. The ITU
    Radio Regulations already provide the upper bound that will apply to
    satellite operations. Moreover, we see no need to distinguish
    between the "top-down" an "bottom-up" approaches discussed above. In
    the end, both approaches to specifying PFD limits will have
    identical effects on satellite operations.[^73] Both would require
    satellite operators to operate at the same PFD limit for clear sky
    conditions, while allowing satellite operators to operate at the
    same higher PFD limit during fade conditions. Thus, satellite
    providers must adhere to the same PFD limits, regardless of whether
    clear-sky or rain fade conditions dictate the standard operating PFD
    limit. Accordingly, we find that there is no meaningful difference
    between the "top-down" an "bottom-up" approaches described
    above.[^74]

28. In the *V-Band Further Notice*, we requested commenters to address
    the issue of under what circumstances and for what period of time to
    permit FSS operators to exceed the lower PFD limit in the 37.5-40.0
    GHz band, especially during times when there is large attenuation of
    the satellite signal due to rain. We find that the record in this
    proceeding is not sufficiently detailed for us to adopt rules for
    satellite operations with a PFD exceeding the lower PFD limit in the
    37.5-40.0 GHz band. This does not mean, however, that we cannot
    support the basic PFD values that we proposed to apply to
    soft-segmentation. Until we have a better record or a more reasoned
    and comprehensive approach on dealing with an increase in PFD for a
    limited amount of time, we will incorporate only the lower and upper
    boundary PFD limits that are ripe for adoption. We will address this
    issue in a future rulemaking to establish a better record to
    determine the conditions under which the lower PFD limit may be
    exceeded.

29. We continue to recognize that rain fading has a significant impact
    on radio propagation at 40 GHz and that PFD increases and other
    ameliorating techniques will be necessary to maintain adequate
    satellite performance even to the limited extent provided for in the
    37.5-40.0 GHz band. The conditions under which geostationary
    satellites may exceed the lower boundary PFD limits are still being
    considered by the Commission. Even though the upper PFD boundary is
    being implemented in the rules, any request to exceed the lower
    boundary would be addressed on a case-by-case basis and subject to
    the review and coordination of both the International Bureau and the
    Wireless Telecommunications Bureau to ensure that the proper sharing
    conditions exist between the satellite and terrestrial stations. Our
    disposition of such requests will be subject to the outcome of the
    future rulemaking, addressing the FSS service rules in the V-band,
    which will establish specific criteria for exceeding the lower
    boundary. Nevertheless, terrestrial licensees, when deploying
    stations in the 37.5-40.0 GHz band, should take into account the
    possibility of satellite operations for some limited period of time
    up to the maximum PFD contained in Section 25.208. Moreover, the PFD
    limits we adopt for NGSO FSS are provisional in that the conditions
    under which non-geostationary satellites may share with
    geostationary satellites are still being considered by the
    Commission. Resolution of the GSO/NGSO satellite sharing rules could
    result in additional changes to Section 25.208. In addition to this
    issue, we intend to address in our future proceeding all additional
    issues raised in the *V-Band Further Notice* but not included in
    this Order, including out-of-band emission limits to protect RAS
    above 42.5 GHz, additional NGSO FSS and GSO FSS constraints to
    promote inter-satellite system sharing, and proposed rules to
    coordinate certain types of earth stations operating in the V-band
    spectrum.[^75] Accordingly, we adopt the PFD limits contained in
    Appendix B, Section 25.208, recognizing that we will address these
    additional PFD-related issues in the future.

### Gateway Earth Stations

30. In the *V-band Further Notice,* the Commission proposed to restrict
    FSS use in the 37.5-40.0 GHz band to "gateway" earth station
    operations because such a restriction would help preserve the
    proposed designation for use by wireless services. Permitting
    satellite "gateways" to be deployed at large installations or large
    corporate campuses without generating the types of ubiquitous,
    consumer-level deployments, would not defeat the designation of
    wireless services as the predominant use in this band. Specifically,
    the Commission proposed to limit the satellite earth station
    operations that a Part 101 licensee may deploy in its licensed area
    in the 37.5-40.0 GHz band to "gateway" facilities[^76] and to
    restrict the use of gateway facilities by modifying Section
    25.202(a)(1) to state that "satellite earth station facilities in
    this band may not be ubiquitously deployed and may not be used to
    serve individual consumers."[^77] The Commission requested comment
    on whether limiting the flexibility of Part 101 licensees in this
    band is appropriate. The Commission also sought comment on its
    proposals to limit the 37.5-40.0 GHz band to use by satellite earth
    station gateways and on the specific language proposed to restrict
    the "gateway" terminals.

31. TRW is the only commenter that explicitly recognizes the need to
    sacrifice a measure of Part 101 flexibility in order to preserve the
    proposed designation of the 37.5-40.0 GHz band for use by wireless
    services.[^78] Comments on limiting the satellite use of the
    37.5-40.0 GHz band to gateway terminals and on the specific language
    proposed to restrict the "gateway" terminals were more numerous.
    Since these comments address the manner in which such limitations of
    flexibility would be implemented we conclude that it is in the
    public interest to balance Part 101 flexibility for satellite earth
    stations in order to preserve the designation to the fixed service
    in the 37.5-40.0 GHz band.

32. TRW and Winstar, among others, agree with us that the soft
    segmentation compromise is further strengthened by prohibiting
    ubiquitous deployment of FSS earth stations in the 37.5-40.0 GHz
    band.[^79] Hughes argues that limitations on the type of FSS earth
    station should be restricted to the 38.6-40.0 GHz band,[^80] while
    Intelsat argues that non-gateway earth stations should be allowed on
    a non-protected basis.[^81] We agree with TRW and Winstar that the
    soft-segmentation compromise requires that we ensure that FSS
    terminals are not ubiquitously deployed in 37.5-40.0 GHz band. We
    therefore conclude that some type of restriction should be placed
    upon the type of Earth station that will receive protection from
    interference in the 37.5-40.0 GHz band. These restrictions are
    necessary to minimize the areas where FS/FSS sharing considerations
    and coordination would be required. We also note that the deployment
    of non-protected earth stations at the sole risk of a satellite
    operator will not hinder the deployment of the ubiquitous fixed
    service terminals and that the satellite operator will need the
    express agreement from the affected Part 101 EA licensees prior to
    the deployment of the earth stations. Therefore we adopt limitations
    on the types of earth stations that may be licensed in the 37.5-40.0
    GHz band and limit the type of earth station that will receive
    interference protection from the fixed terminals.

33. In the *V-band* *Further Notice* we used the text of the footnote to
    Part 25.202(a)(1) to describe the type of FSS earth terminal we
    would consider licensing in bands designated for ubiquitous fixed
    service deployment.[^82] A number of commenters indicated that our
    proposal to prohibit facilities that serve individual customers was
    unclear or overly restrictive.[^83] Others urged the Commission to
    adopt the gateway definition contained in the *V-Band Further
    Notice*.[^84] Moreover, WCA asserted that the gateway definition in
    the *V-Band Further Notice* was not sufficiently restrictive[^85]
    and that a limit on the number of gateway stations constructed by
    any single FSS operator should be enacted.[^86] We conclude that the
    proposed footnote language strikes the proper balance between the
    wireless designation and the limited FSS use of the 37.5-40.0 GHz
    band and that it will help to foster the soft-segmentation
    compromise. We therefore adopt our proposed gateway earth station
    description, as proposed in the *V-Band Further Notice,* as a
    footnote to 25.202(a)(1).[^87] The footnote states: "Satellite earth
    station facilities in this band may not be ubiquitously deployed and
    may not be used to serve individual consumers." We will address, in
    a future rulemaking, the specific conditions that will require
    coordination among gateway earth stations and terrestrial earth
    stations.

## Allocation Changes

### Add FSS Allocation in the 37.5-37.6 GHz Band

34. In the *V-band Further Notice*, the Commission proposed to add an
    additional 100 megahertz FSS allocation in the 37.5-37.6 GHz
    band.[^88] As a part of the compromise plan arising from WRC-2000,
    the Commission proposed to allow limited FSS use of the entire
    37.5-40.0 GHz band. In the current Table of Allocations, however,
    only the 37.6-40.0 GHz band includes a co-primary FSS allocation,
    and the 100 megahertz between 37.5-37.6 GHz is allocated exclusively
    to fixed and mobile service.[^89] In the *V-band Further Notice*,
    the Commission proposed completing the FSS allocation for the entire
    37.5-40.0 GHz band and noted that adding a co-primary FSS allocation
    in the 37.5-37.6 GHz band would remain consistent with the
    designation of the entire 37.5-40.0 GHz band principally for fixed
    services.

35. The record supports adding a co-primary FSS allocation in the
    37.5-37.6 GHz band.[^90] Boeing states that the demand for satellite
    services warrants an FSS allocation at 37.5-37.6 GHz.[^91] Intelsat
    also supports the Commission's proposal as the 100 megahertz of
    spectrum would provide additional capacity for the FSS generally,
    and could be utilized for "mitigation techniques to compensate for
    rain and other fades."[^92] Spectrum Astro and TRW add that a
    continuous FSS allocation in the 37.5-40.0 GHz band would be
    consistent with the WRC-2000 soft segmentation plan and would
    promote flexibility in the deployment of future FSS systems.[^93]
    Hughes also notes FSS deployment in this band can facilitate the
    provision of "broadband services to a wide range of end-users."[^94]
    Non-Government FS proponents licensed in the 37.5-40.0 GHz band do
    not object to an FSS allocation in the 37.5-37.6 band, provided FSS
    use of this 100 megahertz of spectrum is "sufficiently limited" to
    protect current and future FS deployments.[^95] NTIA indicated that
    any FSS use of the 37.5-37.6 GHz spectrum should be limited to GSO
    FSS use because the space research service would share better with
    GSO FSS than with NGSO FSS. Moreover, NTIA would prefer that FSS use
    of the 37.5-37.6 GHz band be limited to FSS gateways.[^96]

36. Adding an additional 100 megahertz FSS allocation in the 37.5-37.6
    GHz band will serve the public interest. As indicated above,
    allocating an additional 100 megahertz for FSS, subject to the same
    limitations on FSS as the other V-band frequencies that we have
    designated for terrestrial FS, will increase the spectrum efficiency
    in the band. With the PFD limits we adopt in this *Order*, we
    believe that FSS operations are capable of sharing with terrestrial
    operations (commercial and Government) in this band without creating
    undue technical burdens on either the terrestrial or space research
    services. Approving the allocation of FSS operations in this band
    will facilitate greater access to and higher utilization of the
    spectrum at 37 GHz. We also note that this additional 100 megahertz
    FSS allocation would bring the U.S. Table of Frequency Allocations
    into alignment with both the WRC-2000 soft segmentation plan and
    Article 5 of the ITU Radio Regulations.[^97]

37. In addition, we will not limit this new FSS allocation to GSO FSS.
    Ordinarily we would permit both GSO and NGSO FSS use of the newly
    allocated FSS frequencies at 37.5-37.6 GHz, as the Commission's
    policy is not to distinguish between GSO and NGSO systems in the
    absence of a compelling reason to do so. In the *V-band Further
    Notice,* the Commission noted NTIA's concern that current and
    intended Government uses of the 37.5-37.6 band would be more
    susceptible to interference from NGSO FSS than GSO FSS
    satellites.[^98] In its comments to this proceeding, NTIA reiterated
    that it preferred not to have an FSS allocation overlap the space
    research allocation at 37.0-38.0 GHz.[^99] NTIA maintained that FSS
    use of the 37.5-37.6 band should be restricted to GSO FSS only and
    should incorporate adequate protections for the National Aeronautics
    and Space Administration (NASA) earth stations in Goldstone, CA and
    the orbital VLBI site at Green Bank, WV.[^100] The Commission sought
    comment on whether the intended Government uses of the band were
    more susceptible to interference from NGSO FSS systems than GSO FSS
    systems and, if so, whether NGSO FSS operations in the band should
    be prohibited. The Commission also sought comment on what technical
    or operational constraints, short of a prohibition on NGSO FSS
    operations in the band, would provide sufficient protection to
    Government operations in the band.[^101] The Commission noted that,
    under certain conditions, certain deployments of NGSO FSS systems
    can create a promising sharing environment for FS operators and are
    capable of addressing NTIA's concerns.[^102]

38. In response, some commenters assert that the Commission should not
    exclude NGSO systems from the proposed FSS allocation.[^103] These
    commenters argue that NTIA did not sufficiently demonstrate its
    specific rationale for excluding NGSO FSS systems from the 37.5-37.6
    GHz band and therefore future NGSO FSS use of this band should not
    be precluded.[^104] Boeing adds that the Commission has
    "consistently refrained from dividing the 36-51 GHz band between
    NGSO and GSO technologies."[^105] In a subsequent filing, NTIA
    supported its position that both the Goldstone, CA facility and the
    orbital VLBI site at Green Bank, WV should receive specific
    protections from NGSO FSS systems operating in the 37.5-37.6 GHz
    band.[^106] NTIA cites an international commitment, embodied in
    ITU-R SA.1396, to protect space research operations like the
    Goldstone facility.[^107] This Recommendation sets forth the
    specific protection criteria for space research services in the
    37-38 GHz band and was adopted by the ITU in an effort to protect
    both general space research operations as well as unique operations
    during mission critical events.[^108]

39. Taking NTIA's concerns into consideration, we find that operation of
    NGSO systems within this new 37.5-37.6 GHz FSS allocation with
    certain limitations is in the public interest. Consistent with our
    approach in other portions of the band, we seek to avoid making
    distinctions between NGSO and GSO deployments. FSS operations in the
    entire 37.5-40.0 band, designated principally for terrestrial FS,
    will be subject to specific PFD limits to protect all licensees from
    both in-band and out-of-band interference. To ensure GSO and NGSO
    FSS systems adequately protect space research operations in the
    37-38 GHz band, we will require coordination between FSS systems and
    SRS facilities based on Recommendation ITU-R SA.1396.[^109] At the
    time of application, GSO and NGSO FSS applicants must demonstrate
    how the proposed systems will protect SRS receiving stations. The
    coordination process shall include representatives from the
    commercial operator and the Interdepartment Radio Advisory Committee
    (IRAC) (and its Frequency Assignment Subcommittee (FAS)), which is
    an interagency committee of Federal radio frequency managers that
    advises the Executive Branch on the Federal Government's use of the
    spectrum.[^110] We find that limiting GSO and NGSO FSS operations in
    this manner will not be technically burdensome.[^111] Accordingly,
    we find this allocation strikes an appropriate balance between the
    desire for the deployment of advanced commercial FSS systems and the
    need to protect the Government's exploration of space through radio
    astronomy.

40. By extending the FSS allocation to include this 100 megahertz of
    spectrum, we intend to provide both GSO and NGSO satellite systems
    the additional flexibility to deploy applications that utilize the
    spectrum allocation in the most efficient manner. Our goal is to
    promote the deployment of service to the public by balancing the
    need for additional FSS downlink spectrum against the terrestrial FS
    and space research operators' requirements for sufficient protection
    against interference from in-band FSS systems. Moreover, we find
    that allowing FSS operators to take advantage of an additional 100
    megahertz of capacity is both technically feasible and necessary to
    achieve a balanced band plan for the 36.0-51.4 GHz band.

41. In its comments to the Commission's Further Notice, NTIA identified
    the need to protect the Goldstone California SRS facility from FSS
    downlink transmissions.[^112] We recognize, too, that the 37-38.6
    GHz portion of the 37.0-40.0 GHz V-Band spectrum is designated for
    commercial wireless systems and allocated to Government fixed and
    mobile terrestrial services.[^113] Commercial fixed and mobile
    systems operating in the wireless designation will have the
    potential to interfere with the Goldstone SRS facility. We will seek
    comment on methods to mitigate the potential interference that may
    be caused by commercial fixed and mobile stations operating near the
    Goldstone SRS facility in the *37 GHz Proceeding*. [^114] Among the
    possibilities we will seek comment on would be to adopt a footnote
    to the Table of Allocations modeled after Footnote US311, already
    contained in the Table of Allocations. Footnote US311 establishes a
    80 km (50 mile) radius around the Goldstone SRS facility in which
    every practicable effort is made to avoid the assignment of
    frequencies in the 1350-1400 MHz and 4950-4990 MHz bands to stations
    operating in the fixed and mobile services.[^115]

### Shift MSS Allocation from 39.5-40.0 GHz to 40.5-41.0 GHz

42. In the *V-band Further Notice*, the Commission proposed to shift the
    39.5-40.0 GHz MSS allocation to the 40.5-41.0 GHz band.[^116] The
    39.5-40.0 GHz band is currently allocated to the FS, MS, FSS, and
    MSS services on a co-primary basis; however, in the *36-51 GHz
    Order*, the Commission concluded that ubiquitous satellite uses
    could not share the same spectrum as ubiquitous terrestrial
    uses.[^117] Indeed, prior to WRC-2000, NTIA agreed to support the
    U.S. proposals to the WRC-2000, which required constraints to be
    placed on the Government 39.5-40.0 GHz MSS allocation in return for
    access to the 40.0-41.0 GHz spectrum under the "soft-segmentation"
    arrangement.[^118] The Commission affirmed its conclusion regarding
    sharing between ubiquitously deployed services in the *V-band
    Further Notice*, and commenters addressing the issue of co-frequency
    sharing in the 39.5-40.0 GHz band support our analysis.[^119]
    Accordingly, while we will continue to permit FSS gateways to
    operate in the 39.5-40.0 GHz band, we conclude that ubiquitously
    deployed MSS stations cannot share with ubiquitous terrestrial uses
    in the 39.5-40.0 GHz band. Therefore, we delete the MSS allocation
    from the non-Government column of the Table of Frequency Allocations
    contained in Section 2.106 of the Commission's Rules and add US382
    to the Table whereby Government earth stations operating in the
    39.5-40.0 GHz MSS allocation shall not claim protection from
    non-federal Government stations in the fixed and mobile
    services.[^120]

43. For consistency, we would normally propose to delete the MSS
    allocation in this band from the Government column. NTIA, however,
    opposes this measure.[^121] NTIA states that arrangements with
    member states of the North Atlantic Treaty Organization (NATO)
    require that we retain the Government MSS allocation for possible
    future requirements.[^122] The spectrum requirements of NATO are set
    out in the NATO Joint Civil and Military Frequency Agreement
    (NJFA).[^123] The NJFA constitutes the joint agreement between the
    civil and military authorities of the NATO nations on the use of the
    radio spectrum for military purposes required by NATO forces or in
    support of NATO.[^124] In general, NATO member states agree to
    accept NJFA standards by reflecting such needs in national
    allocation tables to the maximum extent possible.[^125] The NATO
    Frequency Management Branch acknowledges that complete harmonization
    of Government frequencies among member nations is not always
    possible. Indeed, when nations cannot comply with specific military
    requirements using provisions of the NJFA, the NATO Frequency
    Management Branch advises national authorities that "military
    requirements may be satisfied nationally in civil bands or
    allocations."[^126]

44. To satisfy the NATO NJFA guidelines and to fulfill domestic
    Department of Defense (DOD) needs, however, NTIA proposed a plan
    under which NTIA would accede to certain protective measures that
    would benefit terrestrial fixed operations in the 39.5-40.0 GHz
    range in exchange for the establishment of a new, primary,
    Government MSS allocation in the 40.5-41.0 GHz band.[^127] NTIA
    requested that we amend the Government column of the Table of
    Frequency Allocations to add a primary MSS allocation in the
    40.5-41.0 GHz band.[^128] In the *V-band Further Notice*, we sought
    comment on NTIA's proposal and asked commenters to address
    specifically how NTIA's proposal for a primary Government MSS
    allocation might be implemented when WRC-2000 adopted only a
    secondary MSS allocation for countries in Region 2 such as the
    United States.[^129]

45. Several commenters either oppose or raise concerns about the NTIA
    proposal.[^130] These parties assert that adding a co-primary
    Government MSS allocation to the 40.5-41.0 GHz band would impose
    regulatory burdens on FSS licensees and diminish the usefulness of
    the satellite spectrum above 40.0 GHz for FSS by requiring
    coordination between FSS and Government MSS operators at 40.5-41.0
    GHz.[^131] Others assert that a co-primary Government MSS allocation
    in the 40.5-41.0 GHz band would be inconsistent with the outcome of
    the WRC-2000 and that FSS and MSS operations would be technically
    incompatible.[^132]

46. We find merit in the commenters' concerns about adding a co-primary
    government MSS allocation in the 40.5-41.0 GHz band. First, the
    40-42 GHz spectrum is designated for use by commercial FSS
    licensees, and a new, primary MSS allocation from 40.5-41.0 GHz
    would require FSS licensees in the band to protect another
    ubiquitously deployed service in the frequency band.[^133]
    Furthermore, absent further international or domestic sharing
    studies that demonstrate the compatibility between FSS and MSS
    systems in the 40.5-41.0 GHz band, we are reluctant to allocate the
    MSS in the band on a co-primary basis. Third, the ITU has not
    allocated the 40.5-41.0 GHz band for co-primary MSS in Region 2,
    which includes the United States; therefore, even if we were
    inclined to adopt a MSS allocation in the United States, the
    allocation would have no interference protection from FSS operations
    outside of the borders of the United States.[^134] Last, the NATO
    spectrum requirements are advisory in nature, and domestic needs can
    be satisfied through actions short of establishing a primary MSS
    allocation in the band. For these reasons, we decline to add a
    co-primary MSS allocation to the 40.5-41.0 GHz band for Government
    use.

47. Like several of the commercial commenters that addressed the issue,
    Hughes opposes a co-primary Government MSS allocation that would
    require commercial FSS licensees to coordinate with Government MSS
    operators on an equal basis. Despite its opposition to a co-primary
    *Government* MSS allocation, however, Hughes supports the adoption
    of a co-primary *commercial* MSS allocation in the 40.5-41.0 GHz
    band.[^135] Hughes contends that, because commercial "licensees need
    the maximum flexibility to implement their systems," the Commission
    should establish a primary MSS allocation for commercial
    operators.[^136] As indicated above, a decision to adopt a
    co-primary MSS allocation in the 40.5-41.0 GHz band must be based on
    whether the newly proposed MSS operations would be technically
    compatible with the FSS uses in the 40.0-42.0 GHz band. In this
    respect, we fail to see any material distinction between the
    technical and practical compatibility of any co-primary MSS systems
    -- Government or commercial -- with co-frequency FSS systems and
    with the compromise band plan that the FSS and FS operators reached
    at WRC-2000. The same problems of coordination and interference
    protection that apply to proposals for a co-primary Government MSS
    system apply to a co-primary commercial MSS system in the band.
    Moreover, even Hughes acknowledges that the "international table of
    allocations only contains a secondary MSS allocation for the
    40.5-41.0 GHz band in Region 2."[^137] While Hughes then speculates
    that the United States might one day "successfully undertake an
    effort to upgrade their international allocation to primary status,"
    Hughes provides no sharing studies or other technical evidence that
    would support the allocation of additional spectrum for MSS in this
    band for either Government or commercial use on a co-primary basis
    with the FSS.[^138] Thus, we decline to add a co-primary MSS
    allocation to the 40.5-41.0 GHz band for commercial use.

48. As an alternative to adopting a co-primary MSS allocation, several
    commenters ask the Commission to adopt a secondary MSS allocation in
    this band for commercial or Government systems, or both.[^139] While
    noting that precise non-interference standards for secondary MSS
    operations would need to be developed, several commenters embrace
    this approach.[^140] Intelsat, for example, supports a secondary MSS
    allocation because it offers the potential for permitting the
    deployment of new or innovative types of MSS services without unduly
    affecting the primary FSS operators in the band.[^141] Similarly,
    TRW supports creating a secondary MSS allocation in the 40.5-41.0
    GHz band because, unlike a primary service, secondary MSS licensees
    would bear the burden of accepting any interference that FSS
    operations might cause and would have to protect FSS operators from
    any harmful interference from MSS operations.[^142]

49. We agree that adopting both a commercial and Government secondary
    MSS allocation would offer MSS licensees additional flexibility
    without unduly compromising the authority granted to primary FSS
    systems in the band.[^143] In addition, we believe that adopting the
    secondary Government MSS allocation in the 40.5-41.0 GHz band would
    largely fulfill NTIA's desires to meet the need of NATO and DOD
    operations without causing the incompatibility, interference and
    inequity that would accompany any co-primary MSS allocation in the
    40.5-41.0 GHz band. Adding a new, secondary Government MSS
    allocation to the 40.5-41.0 GHz band will also allow us to maintain
    protection of FS licensees in the 39.5-40.0 GHz band by applying
    Footnote US382 to the Government MSS allocation from the 39.5-40.0
    GHz band while permitting necessary Government MSS operations in
    V-band frequencies above 40.5 GHz on a secondary basis. Unlike the
    proposals for a primary Government allocation, moreover, proposals
    for a secondary commercial and Government MSS allocation in the
    40.5-41.0 GHz band fully comport with the International Table of
    Allocations.[^144] Accordingly, we modify the domestic Table of
    Allocations to reflect the addition of a secondary MSS allocation to
    the 40.5-41.0 GHz band in the Federal Government and Non-Federal
    Government columns of the Table. In so doing, we recognize that the
    new secondary MSS allocation will require us to develop adequate
    protection for primary operators prior to permitting widespread
    deployment of secondary MSS operations in this band. Nevertheless,
    we believe that the Commission can develop the service rules
    necessary to ensure that primary FSS operations remain fully
    protected from harmful interference once potential FSS and MSS
    operators in the band begin finalizing their plans for
    operation.[^145]

### Add Government FSS Allocation to the 40.5-41.0 GHz Band

50. In the *V-band Further Notice*, the Commission proposed to add a
    primary FSS allocation to the Government column of the Table of
    Frequency Allocations in the 40.5-41.0 GHz band.[^146] This band is
    currently allocated for exclusive non-Government use. By designating
    the 37.0--40.0 GHz band for wireless services, we placed significant
    restrictions on Government V-band FSS spectrum not previously
    encumbered by restrictive PFD limits. Adding a primary FSS
    allocation in the 40.5-41.0 GHz band would provide Government access
    to additional FSS allocations where the PFD levels are less
    constraining. Moreover, as noted above, NTIA conditioned its
    willingness to accept restrictive PFD limits below 40 GHz provided
    that Government access to the 40.5-41.0 GHz band for FSS and MSS
    operations is granted.[^147]

51. Most commenters view the proposal to allocate more primary FSS
    spectrum for Government use as potentially detrimental to commercial
    satellite operations in the band unless the Commission develops
    rules to establish priority and coordination between commercial and
    Government FSS systems.[^148] Intelsat, for example, expresses
    concern that adding a new Government FSS allocation within spectrum
    allocated principally for commercial satellite use will pit
    commercial and Government interests against one another in the
    band.[^149] Similarly, Intelsat fears that commercial FSS operators
    would lose access to essential FSS spectrum to make room for
    Government systems.[^150] Hughes and TRW share Intelsat's concern.
    Hughes states that the proposal for a new, primary Government FSS
    spectrum would "unfairly place the burden of coordinating Government
    systems solely on commercial satellite interests."[^151] TRW adds
    that the "allocation of spectrum for unconstrained Government FSS
    operations at 41.0-42.0 GHz will have a negative impact on the
    commercial viability of non-Government FSS operations in that
    band."[^152] Finally, each of these parties suggests that the
    additional government allocation would threaten to undo the
    hard-fought compromise that FS and FSS interests reached at WRC-2000
    by diminishing the viability of the 40.5-41.0 GHz band for
    commercial FSS.[^153]

52. NTIA has supported the soft segmentation arrangement that the U.S.
    succeeded in obtaining at WRC-2000. Further, it is clear that the
    constraints arising from the soft segmentation arrangement make
    Government access to FSS spectrum above 40 GHz a necessity. We note,
    however, the commercial operators' contentions that unbridled
    Government use of this commercial bandwidth would not serve the
    public interest and should not be permitted. The potential for
    coordination difficulties among commercial and Government systems
    when both users hold co-primary allocations in the same band is
    particularly acute in the V-band where frequency propagation
    characteristics render access to spectrum at particular orbital
    locations even more limited than in other frequency bands. As in any
    frequency band, the satellite orbital locations visible to a
    satellite earth station are based on the elevation angle
    requirements of the earth station. The earth station elevation and
    azimuth angles define the visible geostationary arc (or visible arc)
    from locations in the United States. In lower frequency bands,
    satellite operators can more reliably establish communications links
    to satellite systems at elevation angles as low as 5°.[^154]

![](media/image1.wmf){width="0.80625in" height="0.8055555555555556in"}
![](media/image1.wmf){width="0.80625in" height="0.8055555555555556in"}

While the relationship between elevation angles and service provision is
not absolute,[^155] we estimate that, with today's technology,
overcoming the additional absorption of radiofrequency signals from the
atmosphere that occurs in the V-band would require V-band earth stations
to operate at higher elevation angles. As demonstrated in Figure 1, the
higher the elevation angle that an earth station must use, the smaller
the available orbital arc that remains visible to a given earth station.
With a 30 degrees minimum elevation angle, the visible orbital arc would
have sufficient room for significantly fewer individually located
satellites to remain visible from a single earth station located in the
forty-eight contiguous United States (CONUS).[^156] As a consequence,
commercial operators are legitimately concerned that -- absent some type
of coordination process -- the government might launch and operate
geostationary FSS satellites into one or more of the limited number of
available orbital positions before the Commission could authorize
commercial operators to deploy their systems under the current system of
granting satellite applications.

53. Parties to this proceeding offered several proposals on the types of
    coordination procedures they believe would be necessary to ensure
    productive coordination between Government and commercial
    users.[^157] TRW, for example, would support the proposal to add a
    primary FSS allocation at 40.5-41.0 for Government use, provided
    that the Commission indicates that Government uses will not receive
    priority over commercial use and that the 40.0-42.0 GHz band remains
    otherwise available without constraint.[^158] Specifically, TRW
    suggests that the Commission adopt a footnote similar to US334,
    which establishes the relative authority between commercial and
    Government users in the 18 GHz band by requiring coordination and by
    limiting Government operations to a certain portion of the orbital
    arc.[^159] Provided the Commission develops some type of
    coordination procedure between commercial and Government users,
    several parties express support of the additional Government FSS
    allocation.[^160]

54. We recognize that both Government and commercial systems must remain
    sufficiently sure of their access to orbital and spectrum resources
    if they are to proceed with research, development and production of
    their planned space-station systems. At the same time, several years
    will pass before either commercial or Government systems are ready
    to deploy space stations. If experience is any guide, some will
    choose not to implement planned systems while others will implement
    currently unplanned systems.[^161] Of course, we can and frequently
    do attempt to narrow the potential for interference when we can
    reasonably anticipate that interference would occur. In this case,
    however, the Government may or may not deploy systems in the band,
    and, given this uncertainty, it is difficult for us to determine,
    *ex ante*, whether and how we should limit Government systems. For
    us to support confining Government systems to one small portion of
    the orbital arc as TRW has proposed would be particularly
    inappropriate because we cannot be certain that this particular
    method of coordination represents a cost-effective or necessary
    restriction.

55. Moreover, the Commission recently revised its satellite licensing
    procedures to speed the process for acting on satellite
    applications. Specifically, the Commission explained how it would
    license V-band satellite systems.[^162] The Commission also
    explained that all pending V-band applications would be treated as
    though they were filed at the same instant.[^163] In addition, the
    Commission directed the International Bureau to issue a public
    notice shortly after the release of this Order, to explain these
    procedures in more detail, and to give applicants an opportunity to
    amend their applications, if necessary.[^164] The Public Notice can
    also identify any known orbit/spectrum requirements of the
    Government. In the meantime, rather than attempt to render a
    judgment now about the relative future demand for orbital and
    spectrum resources among Government and commercial systems in the
    V-band, we will add a Government FSS allocation to the band;
    however, we will require both Government and commercial operators to
    coordinate their operations on an co-primary basis.[^165] The
    coordination process shall include representatives from the
    commercial operator and the Interdepartment Radio Advisory Committee
    (IRAC), which is an interagency committee of Federal radio frequency
    managers that advises the executive branch on the Federal
    Government\'s use of the spectrum.[^166] Coordinated commercial and
    Government use of the 40.5-41.0 GHz band will result in a mutually
    interference-free operating environment for the deployment and
    operation of commercial systems. Should the parties to the
    coordination prove unable to coordinate their planned systems in a
    reasonably timely fashion, however, the Commission and NTIA will
    work under the IRAC process to find a resolution of any coordination
    disputes.

### Add FSS Allocation to the 41.0-42.0 GHz Band

56. In the *V-band Further Notice*, the Commission proposed to add a
    primary FSS allocation to the 41.0-42.0 GHz band. Because WRC-2000
    adopted PFD limits that favor terrestrial uses below 40.0 GHz and
    that favor satellite uses from 40.0-42.0 GHz, the Commission
    proposed to redesignate the spectrum available for wireless services
    from 41.0-42.0 GHz to 37.6-38.6 GHz and to redesignate the spectrum
    available for satellite use from 37.6-38.6 GHz to 41.0-42.0
    GHz.[^167] Consequently, the Commission proposed to add a primary
    FSS allocation to the 41.0-42.0 GHz band to achieve the
    redesignation of the 41.0-42.0 GHz band for FSS use.[^168]

57. To meet the needs of commercial FSS operators and consolidate the
    compromise plan established for the V-band, commenters unanimously
    support the proposed FSS allocation.[^169] TRW, for example, notes
    that adding a primary FSS allocation to the 41.0-42.0 GHz band not
    only would enable "global \[high-density\] FSS operations at
    40.0-42.0 GHz," but also would "comport\[\] fully with the soft
    segmentation division of spectrum between satellite and terrestrial
    users agreed to by WRC-2000."[^170] Boeing adds that the additional
    spectrum for FSS operations in the 41.0-42.0 GHz band would
    "promote\[\] the more efficient design and deployment of \[FSS\]
    systems."[^171] Given the support for the Commission's proposal from
    commenters, we adopt the proposal to add a primary non-Government
    FSS allocation in the 41.0-42.0 GHz band and modify the Table of
    Allocations in Section 2.106 of our rules accordingly.[^172]

58. Boeing and TRW indicated in their comments that the Commission
    should not adopt a co-primary, Government FSS allocation in this
    band.[^173] NTIA has expressed no interest in pursuing a primary,
    Government FSS allocation in the 41.0-42.0 GHz band,[^174] and we
    did not propose an additional FSS allocation in the 41.0-42.0 GHz
    band for Government FSS. We, therefore, make no finding on the
    comment by TRW or Boeing.

### Consider Adding Fixed and Mobile Allocations for Non-Government Use to the 42.5-43.5 GHz Band

59. In the *V-band Further Notice*, the Commission sought comment on
    whether to add primary, non-Government Fixed and Mobile allocations
    to the 42.5-43.5 GHz band and then designate the band for wireless
    services.[^175] WRC-2000 identified the 42.5-43.5 GHz band as
    available for HDFS. In the United States, this band is currently
    allocated on a co-primary basis to FS, FSS (Earth-to-space), Mobile,
    and Radio Astronomy (RA) services. These allocations currently are
    for exclusive Government use, except for RA, in which we also permit
    non-Government uses. Although each of the active services in the
    42.5-43.5 GHz band (FS, Mobile, and FSS) can theoretically share
    with RA to some degree, when the Commission issued the *V-band
    Further Notice*, it said it expected that non-Government FS
    operators would have a particular interest in operating in this band
    because WRC-2000 identified the 42.5-43.5 GHz band as available for
    HDFS.[^176]

60. As the Commission noted in the *V-band Further Notice,* commercial
    use of the 42.5-43.5 GHz band is in some sense linked to Government
    use of the 47.2-48.2 GHz band.[^177] Prior to 1998, Government and
    commercial uses shared allocations in the 42.5-43.5 GHz band on a
    co-primary basis. In 1998, however, the Commission chose to separate
    Government and commercial operators by establishing the 42.5-43.5
    GHz band for exclusive Government use and the 47.2-48.2 GHz band for
    exclusive commercial use. In choosing to adopt the exclusive
    non-Government allocation for the 47.2-48.2 GHz band, we relied on
    our desire to serve the needs of High Altitude Platform Service
    (HAPS) operators.

61. In the *V-band Further Notice*, the Commission stated that HAPS
    proponents "have withdrawn \[their\] interest to develop . . .
    service in the 47.2-48.2 GHz band."[^178] Indeed, many participants
    in this proceeding affirm that HAPS has not developed as
    anticipated.[^179] While SkyTower, a proponent of HAPS technologies,
    states that HAPS remains a potentially important new delivery
    mechanism for advanced telecommunications services, SkyTower
    acknowledges that no HAPS proponent currently envisions a need for a
    "specific HAPS service in a particular band."[^180] In light of the
    reduced need for HAPS spectrum and in hopes of providing additional
    spectrum for terrestrial FS users, the Commission proposed to return
    the 42.5-43.5 GHz and 47.2-48.2 GHz bands to their original
    configurations of shared Government and commercial operations.[^181]
    Specifically, the Commission proposed to reverse the
    commercial-Government spectrum swap and return the 42.5-43.5 GHz and
    47.2-48.2 GHz bands to shared commercial-Government use by adding
    non-government allocations to the 42.5-43.5 GHz band.[^182] Other
    things being equal, most operators would prefer to operate at the
    lower frequencies in the 42.5-43.5 GHz band than the higher
    frequencies in the 47.2-48.2 GHz band due to the lower band's
    somewhat superior propagation characteristics. Several parties to
    this proceeding accordingly support the proposal to once again make
    the 42.5-43.5 GHz band available for commercial use.[^183]

62. The Government, however, does not support the change. NTIA
    recognizes that "there is a degree of merit" in harmonizing the
    42.5-43.5 GHz bands globally for commercial operations, but asserts
    that the 42.5-43.5 GHz band remains peculiarly appropriate for
    exclusive Government operations for several reasons. First, some
    Government systems currently operate in the 42.5-43.5 GHz
    band,[^184] and the 42.5-43.5 GHz band is immediately adjacent to
    the Government satellite band at 43.5-45.5 GHz. Second, the
    42.5-43.5 GHz band could accommodate an expansion of Government
    Earth-to-space operations. Third, NTIA has encouraged federal
    agencies over the last few years to use the 42.5-43.5 GHz band as a
    substitute for the 37.0-38.6 GHz band.[^185] For these reasons, NTIA
    views commercial operations in the 42.5-43.5 GHz band as inimical to
    existing and future Government operations in the band.

63. Hughes agrees with NTIA's reasoning and recommends that the
    Commission should maintain the current 42.5-43.5 GHz allocation for
    exclusive Government use and the 47.2-48.2 GHz band for exclusive
    non-Government use.[^186] According to Hughes, allocating the
    47.2-48.2 GHz band for exclusive Government use would prevent
    commercial FSS satellites from using this much-needed uplink
    allocation while the hoped-for reclamation of the 42.5-43.5 GHz band
    for commercial FSS would probably not permit extensive commercial
    FSS use because radio astronomy operates in that band.[^187]
    Comments from the radioastronomy community support Hughes' concerns.
    The National Academy of Sciences notes that radio astronomy
    facilities in this band are particularly susceptible to
    interference.[^188] If the Commission were to reintroduce commercial
    operations into the 42.5-43.5 GHz band, the National Academy of
    Sciences recommends that the Commission prohibit aeronautical mobile
    uses, establish and enforce geographic separation between RAS
    observatories and fixed and mobile users, and mandate detailed
    coordination procedures.[^189]

64. We agree with those commenters that recommend against returning the
    42.5-43.5 GHz and 47.2-48.2 GHz band to their pre-1998 allocations
    given that federal Government users already operate in the 42.5-43.5
    GHz band and that NTIA appears to have relied on the Commission's
    1998 spectrum-swap decision in encouraging other federal agencies to
    use the band as a substitute for the 37.0-38.6 GHz band. Although we
    agree with those commenters that note that the lower frequencies
    generally offer better propagation characteristics and recognize
    this band's potential for commercial use, extensive radioastronomy
    operations in the 42.5-43.5 GHz band make these same frequencies
    less than ideal candidates for immediate commercial operations.
    Prudent spectrum management supports the continued separation of
    government and non-Government operations in this portion of the
    V-band.

65. In light of our decision not to return the 42.5-43.5 GHz band to
    shared Government and commercial use, we will preserve the 47.2-48.2
    GHz band for exclusive commercial use. Currently, the 47.2-48.2 GHz
    band is allocated on a co-primary basis to terrestrial fixed and
    mobile services and FSS (Earth-to-space).[^190] While HAPS operators
    indicate that they no longer need an exclusive band dedicated to
    HAPS use, commercial operators in one or more of the services
    allocated to the 47.2-48.2 GHz may prove able to use this band to
    serve the public. Indeed, both TRW and Hughes identify this band as
    an important potential uplink for V-band FSS systems.[^191] The
    47.2-48.2 GHz band, however, contains no incumbent services. Given
    the nascent development of technology in this band, we are not
    willing to conclude at this time that sharing among the co-primary
    terrestrial and satellite services in this band is entirely
    impractical. Therefore, we conclude that allocating the 47.2-48.2
    GHz band exclusively for FSS use at this time would be
    inappropriate.

66. Hughes asserts that FSS requires three gigahertz of FSS uplink
    spectrum and three gigahertz of downlink spectrum in the
    V-band.[^192] We have identified two gigahertz of FSS downlink
    spectrum in the 40.0-42.0 GHz band and two gigahertz of FSS uplink
    spectrum in the 48.2-50.2 GHz band. Hughes proposes that we identify
    an additional one gigahertz of FSS downlink spectrum to pair with
    the one gigahertz of FSS uplink spectrum at 47.2-48.2 GHz. Hughes
    suggests two alternatives for identifying this downlink spectrum:
    either one gigahertz of FSS downlink at 37.6-38.6 GHz, or 500
    megahertz in the 37.6-38.6 GHz band and an additional 500 megahertz
    at 42.0-42.5 GHz.

67. We decline to adopt Hughes' proposals. First, the 37.6-38.6 GHz band
    is designated for FS use with FSS gateway operations permitted under
    the soft-segmentation approach adopted in this item. Reallocation to
    FSS is, therefore, inconsistent with our actions taken herein, which
    carefully balances the equities between FS and FSS interests in the
    V-band. Second, the Commission is deferring action on the 42.0-42.5
    GHz band with respect to the BSS and, consequently, the FSS
    allocation. Since the 42.0-42.5 GHz FSS allocation would be adjacent
    to the radio astronomy allocation at 42.5-43.5 GHz, FSS operations
    in this band potentially could be affected by how radio astronomy
    service is protected.[^193] However, the FS designation in the
    42.0-42.5 GHz band is still in effect, even though the conditions
    for operating at the satellite PFD limits for the band will be
    considered in a future Commission proceeding. Third, the Hughes
    proposal would leave the 37.5-40.0 GHz downlink band unpaired with
    any comparable FSS uplink band. FSS operators could seek use of the
    remaining one gigahertz of spectrum in the 47.2-48.2 GHz band in
    conjunction with their gateway operations in the 37.5-40.0 GHz band.
    Any asymmetrical pairings in these bands, and any associated
    constraints, are inherent in decisions we adopt today. Such
    constraints can, to some extent, be alleviated by using techniques
    that result in spectrum spreading on the downlink. That is, FSS
    gateway operation in a high-density fixed service band, consistent
    with today's Order, will necessitate the use of lower FSS downlink
    PFDs than in other FSS bands. Some of the FSS techniques available
    for use in this controlled PFD environment include the use of
    lower-rate modulations and increased in-channel coding. These
    techniques decrease the information data rate per hertz of downlink
    bandwidth. One option to maintaining the FSS link capacity would be
    to increase the FSS downlink transmission bandwidth. Therefore, the
    FSS operators could potentially make use of wider bandwidths in the
    FSS downlink spectrum at 37.5--40.0 GHz than in the 47.2-48.2 GHz
    uplink band. For this reason, we preserve the 47.2-48.2 GHz V-band
    FSS uplink allocation for possible asymmetrical pairing with the
    37.5-40.0 GHz band.

### Protection of Radio Astronomy in the 42.5-43.5 GHz Band

68. In the *V-band Further Notice*, the Commission proposed to adopt
    aggregate PFD limits on certain systems licensed to operate in the
    41.5-42.5 GHz band in order to protect certain RA operations.[^194]
    Under ITU footnote 5.551G, the aggregate PFD in the 42.5-43.5 GHz
    band produced by all space stations in any non-geostationary system
    operating in the 41.5-42.5 GHz band is not to exceed -167 dB(W/m^2^)
    in any one megahertz band at the site of an RA station for more than
    two percent of the time.[^195] Footnote 5.551G also restricts
    geostationary FSS or BSS operations in the 42.0-42.5 GHz band to PFD
    limits in the 42.5-43.5 GHz band, of -167 dB(W/m^2^) in any one
    megahertz band at the site of an RA station.[^196] Under the
    Commission's proposed approach, a modified version of footnote
    5.551G of the ITU Radio Regulations would be incorporated into the
    domestic Table of Frequency Allocations.[^197] As adopted by
    WRC-2000, footnote 5.551G was provisional and subject to
    modification by WRC-2003.[^198]

69. As another measure to protect RA, the Commission sought comment on
    NTIA's request to consider deleting BSS from the 42.0-42.5 GHz band
    entirely. The Commission noted NTIA's concern that the limits
    adopted in ITU footnote S5.551G might not adequately protect RA
    operations in the 42.5-43.5 GHz band.[^199] While some commenters
    from the RA community support deleting BSS,[^200] others oppose the
    measure with the hope that the Commission can develop an alternative
    that accommodates the needs of both BSS and radio astronomy
    operations.[^201] Other commenters noted certain proposals to
    WRC-2003 that would have permitted greater satellite use of the
    42.0-42.5 GHz band and argue the Commission should reconsider its
    allocation decision for this band and allocate this spectrum for
    both FSS and BSS.[^202]

70. The *V-band Further Notice* recognized that the PFD limits adopted
    in footnote 5.551G were provisional and therefore subject to
    modification by WRC-2003.[^203] Since release of the *V-band Further
    Notice*, moreover, four competing proposals have been submitted to
    the ITU-R in preparation for WRC-2003 regarding the final language
    of footnote 5.551G.[^204] Several commenters argue that the
    Commission should not adopt the proposals outlined in the *V-band
    Further Notice* because the ITU-R is currently examining these
    proposals as well as a broader study, established by the Final Acts
    of WRC-2000, on the appropriate PFD protections afforded to
    RA.[^205] WRC-2003 has concluded its work on the issue of RAS
    protection by suppressing footnote 5.551G and adopting two new
    footnotes, 5.551H and 5.551I. These new footnotes place PFD limits
    on (both NGSO and GSO) FSS and BSS systems, operating in the
    42.0-42.5 GHz band, to protect RA operations in the 42.5-43.5 GHz
    band. We are in the process of reviewing the results of WRC-2003 and
    the approach adopted there to protect RA. We will address the proper
    PFD limit necessary to protect RA in an upcoming rulemaking
    proceeding.

71. We also conclude that deleting the BSS allocation, and/or adding an
    FSS allocation, would be premature prior to the completion of our
    domestic proceeding on the protection requirements for RA.[^206] The
    proper level of protection for RA remains the subject of active
    debate. In the interest of both continuing open, productive debate
    and of promoting international comity, we defer decision on NTIA's
    request to delete BSS from the 42.0-42.5 GHz band.

# ORDERING CLAUSES

72. IT IS ORDERED that, 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), 303(r), Part
    25 of the Communications Rules IS AMENDED, as specified in Appendix
    B, effective 30 days after publication in the Federal Register.

73. IT IS FURTHER ORDERED that the Commission's Consumer and
    Governmental Affairs Bureau, Reference Information Center, SHALL
    SEND a copy of this Report and Order, including the Initial and
    Final Regulatory Flexibility Analysis, to the Chief Counsel for
    Advocacy of the Small Business Administration.

74. Additional Information. For further information concerning this
    rulemaking proceeding contact David Strickland and (202) 418-0977
    (internet: <david.strickland@fcc.gov>), International Bureau,
    Federal Communications Commission, Washington, DC 20554.

FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary

# Appendix A: LIST OF Commenters {#appendix-a-list-of-commenters .unnumbered}

COMMENTERS

DMC Stratex Networks Inc. (DMC)

Astrolink International LLC (Astrolink)

Satellite Industry Association (SIA)

Winstar Communications, Inc. (Winstar)

TRW Inc. (TRW)

The Boeing Company (Boeing)

Hughes Communications, Inc. (Hughes)

Wireless Communications Association International, Inc. (WCA)

Spectrum Astro, Inc. (Spectrum)

National Academy of Sciences Committee on Radio Frequencies (CORF)

Intelsat Global Services Corporation (Intelsat)

National Telecommunications and Information Administration (NTIA)

REPLY COMMENTERS

Advanced Radio Telecom Corp. (ART)

DCT Sprint, L.L.C. (Sprint)

Bala Equity IV, Inc. (Bala IV)

PanAmSat Corporation, (PanAmSat)

Harris Corporation (Harris)

DCT Transmission, L.L.C. (DCT)

Astrolink International LLC (Astrolink)

PVT Networks, Inc. (PVT)

Fixed Wireless Communications Coalition(R. D. Coles) (FWCC)

Wireless Communications Association International, Inc. (WCA)

The Boeing Company, (Boeing)

Hughes Communications, Inc. (Hughes)

Intelsat Global Service Corporation (Intelsat)

SkyTower, Inc., (Skytower)

AT&T Corp. (AT&T)

National Academy of Sciences' Committee on Radio Frequencies (CORF)

Winstar Communications, Inc. (Winstar)

TRW Inc. (TRW)

Satellite Industry Association (SIA)

**APPENDIX B: FINAL RULES**

Parts 2, 25, and 101 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. 154, 302a, 303, and 336, unless otherwise noted.

2\. Section 2.106, the Table of Frequency Allocations, is amended as
follows:

a\. Revise pages 76, 77, 78, and 79.

b\. In the list of International footnotes under heading I, revise
footnotes 5.340, 5.547, and 5.555A; add footnotes 5.516B, 5.551H,
5.551I, and 5.554A; and remove footnotes 5.551AA and 5.551G.

c\. In the list of United States footnotes, add footnote US382.

d\. In the list of Federal Government footnotes, revise footnote G117.

The revisions and additions read as follows:

**[§ 2.106 Table of Frequency Allocations.]{.underline}**

#  \* \* \* \* \* {#section .unnumbered}

+-----------------------------------+-----------+-----------+---------+
| 36-37                             | 36-37     |           |         |
|                                   |           |           |         |
| EARTH EXPLORATION-SATELLITE       | EARTH     |           |         |
| (passive)                         | EXP       |           |         |
|                                   | LORATION- |           |         |
| FIXED                             | SATELLITE |           |         |
|                                   | (passive) |           |         |
| MOBILE                            |           |           |         |
|                                   | FIXED     |           |         |
| SPACE RESEARCH (passive)          |           |           |         |
|                                   | MOBILE    |           |         |
| 5.149                             |           |           |         |
|                                   | SPACE     |           |         |
|                                   | RESEARCH  |           |         |
|                                   | (passive) |           |         |
|                                   |           |           |         |
|                                   | US263     |           |         |
|                                   | US342     |           |         |
+-----------------------------------+-----------+-----------+---------+
| 37-37.5                           | 37-38     | 37-37.5   | Fixed   |
|                                   |           |           | Mi      |
| FIXED                             | FIXED     | FIXED     | crowave |
|                                   |           |           | (101)   |
| MOBILE                            | MOBILE    | MOBILE    |         |
|                                   |           |           |         |
| SPACE RESEARCH (space-to-Earth)   | SPACE     |           |         |
|                                   | RESEARCH  |           |         |
| 5.547                             |           |           |         |
|                                   | (space-   |           |         |
|                                   | to-Earth) |           |         |
+-----------------------------------+-----------+-----------+---------+
| 37.5-38                           |           | 37.5-38.6 | Sa      |
|                                   |           |           | tellite |
| FIXED                             |           | FIXED     |         |
|                                   |           |           | Communi |
| FIXED-SATELLITE (space-to-Earth)  |           | FIXED-    | cations |
|                                   |           | SATELLITE | (25)    |
| MOBILE                            |           |           |         |
|                                   |           | (space-   | Fixed   |
| SPACE RESEARCH (space-to-Earth)   |           | to-Earth) | Mi      |
|                                   |           |           | crowave |
| Earth exploration-satellite       |           | MOBILE    | (101)   |
| (space-to-Earth)                  |           |           |         |
|                                   |           |           |         |
| 5.547                             |           |           |         |
+-----------------------------------+-----------+-----------+---------+
| 38-39.5                           | 38-38.6   |           |         |
|                                   |           |           |         |
| FIXED                             | FIXED     |           |         |
|                                   |           |           |         |
| FIXED-SATELLITE (space-to-Earth)  | MOBILE    |           |         |
|                                   |           |           |         |
| MOBILE                            |           |           |         |
|                                   |           |           |         |
| Earth exploration-satellite       |           |           |         |
| (space-to-Earth)                  |           |           |         |
+-----------------------------------+-----------+-----------+---------+
|                                   | 38.6-39.5 | 38.6-39.5 |         |
|                                   |           |           |         |
|                                   |           | FIXED     |         |
|                                   |           |           |         |
|                                   |           | FIXED-    |         |
|                                   |           | SATELLITE |         |
|                                   |           |           |         |
|                                   |           | (space-   |         |
|                                   |           | to-Earth) |         |
|                                   |           |           |         |
|                                   |           | MOBILE    |         |
|                                   |           | NG175     |         |
+-----------------------------------+-----------+-----------+---------+
| 5.547                             |           |           |         |
+-----------------------------------+-----------+-----------+---------+
| 39.5-40                           | 39.5-40   | 39.5-40   |         |
|                                   |           |           |         |
| FIXED                             | FIXED-    | FIXED     |         |
|                                   | SATELLITE |           |         |
| FIXED-SATELLITE (space-to-Earth)  |           | FIXED-    |         |
| 5.516B                            | (space-   | SATELLITE |         |
|                                   | to-Earth) |           |         |
| MOBILE                            |           | (space-   |         |
|                                   | MOBILE-   | to-Earth) |         |
| MOBILE-SATELLITE (space-to-Earth) | SATELLITE |           |         |
|                                   |           | MOBILE    |         |
| Earth exploration-satellite       | (space-   | NG175     |         |
| (space-to-Earth)                  | to-Earth) |           |         |
|                                   | US382     | US382     |         |
| 5.547                             |           |           |         |
|                                   | G117      |           |         |
+-----------------------------------+-----------+-----------+---------+
| 40-40.5                           | 40-40.5   | 40-40.5   | Sa      |
|                                   |           |           | tellite |
| EARTH EXPLORATION-SATELLITE       | EARTH     | FIXED-    |         |
| (Earth-to-space)                  | EXP       | SATELLITE | Communi |
|                                   | LORATION- |           | cations |
| FIXED                             |           | (space-   | (25)    |
|                                   | SATELLITE | to-Earth) |         |
| FIXED-SATELLITE (space-to-Earth)  | (Earth-   |           |         |
| 5.516B                            | to-space) | MOBILE-   |         |
|                                   |           | SATELLITE |         |
| MOBILE                            | FIXED-    |           |         |
|                                   | SATELLITE | (space-   |         |
| MOBILE-SATELLITE (space-to-Earth) |           | to-Earth) |         |
|                                   | (space-   |           |         |
| SPACE RESEARCH (Earth-to-space)   | to-Earth) |           |         |
|                                   |           |           |         |
| Earth exploration-satellite       | MOBILE-   |           |         |
| (space-to-Earth)                  | SATELLITE |           |         |
|                                   |           |           |         |
|                                   | (space-   |           |         |
|                                   | to-Earth) |           |         |
|                                   |           |           |         |
|                                   | SPACE     |           |         |
|                                   | RESEARCH  |           |         |
|                                   |           |           |         |
|                                   | (Earth-   |           |         |
|                                   | to-space) |           |         |
|                                   |           |           |         |
|                                   | Earth     |           |         |
|                                   | exp       |           |         |
|                                   | loration- |           |         |
|                                   | satellite |           |         |
|                                   |           |           |         |
|                                   | (space-   |           |         |
|                                   | to-Earth) |           |         |
|                                   |           |           |         |
|                                   | G117      |           |         |
+-----------------------------------+-----------+-----------+---------+

+-----------+-----------+-----------+-----------+-----------+---------+
| 40.5-50.2 |           |           |           |           | Page 77 |
| GHz (EHF) |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| Inte      |           |           | United    |           | FCC     |
| rnational |           |           | States    |           | Rule    |
| Table     |           |           | Table     |           | Part(s) |
+-----------+-----------+-----------+-----------+-----------+---------+
| Region 1  | Region 2  | Region 3  | Federal   | No        |         |
|           |           |           | G         | n-Federal |         |
|           |           |           | overnment | G         |         |
|           |           |           |           | overnment |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 40.5-41   | 40.5-41   | 40.5-41   | 40.5-41   | 40.5-41   | Sa      |
|           |           |           |           |           | tellite |
| FIXED     | FIXED     | FIXED     | FIXED-    | FIXED-    |         |
|           |           |           | SATELLITE | SATELLITE | Communi |
| FIXED-    | FIXED-    | FIXED-    |           |           | cations |
| SATELLITE | SATELLITE | SATELLITE | (space-   | (space-   | (25)    |
|           |           |           | to-Earth) | to-Earth) |         |
| (space-   | (space-   | (space-   |           |           |         |
| to-Earth) | to-Earth) | to-Earth) | Mobile-   | BRO       |         |
|           | 5.516B    |           | satellite | ADCASTING |         |
| BRO       |           | BRO       |           |           |         |
| ADCASTING | BRO       | ADCASTING | (space-   | BROA      |         |
|           | ADCASTING |           | to-Earth) | DCASTING- |         |
| BROA      |           | BROA      |           |           |         |
| DCASTING- | BROA      | DCASTING- | US211     | SATELLITE |         |
|           | DCASTING- |           | G117      |           |         |
| SATELLITE |           | SATELLITE |           | Fixed     |         |
|           | SATELLITE |           |           |           |         |
| Mobile    |           | Mobile    |           | Mobile    |         |
|           | Mobile    |           |           |           |         |
| 5.547     |           | 5.547     |           | Mobile-   |         |
|           | Mobile-   |           |           | satellite |         |
|           | satellite |           |           |           |         |
|           |           |           |           | (space-   |         |
|           | (space-   |           |           | to-Earth) |         |
|           | to-Earth) |           |           |           |         |
|           |           |           |           | US211     |         |
|           | 5.547     |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 41-42.5   |           |           | 41-42.5   | 41-42     |         |
|           |           |           |           |           |         |
| FIXED     |           |           |           | FIXED     |         |
|           |           |           |           |           |         |
| FIXED-    |           |           |           | FIXED-    |         |
| SATELLITE |           |           |           | SATELLITE |         |
| (space-   |           |           |           |           |         |
| to-Earth) |           |           |           | (space-   |         |
| 5.516B    |           |           |           | to-Earth) |         |
|           |           |           |           |           |         |
| BRO       |           |           |           | BRO       |         |
| ADCASTING |           |           |           | ADCASTING |         |
|           |           |           |           |           |         |
| BROA      |           |           |           | BROA      |         |
| DCASTING- |           |           |           | DCASTING- |         |
| SATELLITE |           |           |           |           |         |
|           |           |           |           | SATELLITE |         |
| Mobile    |           |           |           |           |         |
|           |           |           |           | MOBILE    |         |
|           |           |           |           |           |         |
|           |           |           |           | US211     |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           | 42-42.5   | Fixed   |
|           |           |           |           |           | Mi      |
|           |           |           |           | FIXED     | crowave |
|           |           |           |           |           | (101)   |
|           |           |           |           | BRO       |         |
|           |           |           |           | ADCASTING |         |
|           |           |           |           |           |         |
|           |           |           |           | BROA      |         |
|           |           |           |           | DCASTING- |         |
|           |           |           |           |           |         |
|           |           |           |           | SATELLITE |         |
|           |           |           |           |           |         |
|           |           |           |           | MOBILE    |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 5.547     |           |           | US211     | US211     |         |
| 5.551F    |           |           |           |           |         |
| 5.551H    |           |           |           |           |         |
| 5.551I    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 42.5-43.5 |           |           | 42.5-43.5 | 42.5-43.5 |         |
|           |           |           |           |           |         |
| FIXED     |           |           | FIXED     | RADIO     |         |
|           |           |           |           | ASTRONOMY |         |
| FIXED-    |           |           | FIXED-    |           |         |
| SATELLITE |           |           | SATELLITE | US342     |         |
| (Earth-   |           |           |           |           |         |
| to-space) |           |           | (Earth-   |           |         |
| 5.552     |           |           | to-space) |           |         |
|           |           |           |           |           |         |
| MOBILE    |           |           | MOBILE    |           |         |
| except    |           |           | except    |           |         |
| aer       |           |           | aer       |           |         |
| onautical |           |           | onautical |           |         |
| mobile    |           |           |           |           |         |
|           |           |           | mobile    |           |         |
| RADIO     |           |           |           |           |         |
| ASTRONOMY |           |           | RADIO     |           |         |
|           |           |           | ASTRONOMY |           |         |
| 5.149     |           |           |           |           |         |
| 5.547     |           |           | US342     |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 43.5-47   |           |           | 43.5-45.5 | 43.5-45.5 |         |
|           |           |           |           |           |         |
| MOBILE    |           |           | MOBILE-   |           |         |
| 5.553     |           |           | SATELLITE |           |         |
|           |           |           |           |           |         |
| MOBILE-   |           |           | (Earth-   |           |         |
| SATELLITE |           |           | to-space) |           |         |
|           |           |           |           |           |         |
| RADION    |           |           | FIXED-    |           |         |
| AVIGATION |           |           | SATELLITE |           |         |
|           |           |           |           |           |         |
| RADIONA   |           |           | (Earth-   |           |         |
| VIGATION- |           |           | to-space) |           |         |
| SATELLITE |           |           |           |           |         |
|           |           |           | G117      |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 5.554     |           |           | 45.5-46.9 |           | RF      |
|           |           |           |           |           | Devices |
|           |           |           | MOBILE    |           | (15)    |
|           |           |           |           |           |         |
|           |           |           | MOBILE-   |           |         |
|           |           |           | SATELLITE |           |         |
|           |           |           | (Earth-   |           |         |
|           |           |           | to-space) |           |         |
|           |           |           |           |           |         |
|           |           |           | RADIONA   |           |         |
|           |           |           | VIGATION- |           |         |
|           |           |           | SATELLITE |           |         |
|           |           |           |           |           |         |
|           |           |           | 5.554     |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 46.9-47   | 46.9-47   |         |
|           |           |           |           |           |         |
|           |           |           | MOBILE    | MOBILE    |         |
|           |           |           |           |           |         |
|           |           |           | MOBILE-   | MOBILE-   |         |
|           |           |           | SATELLITE | SATELLITE |         |
|           |           |           |           |           |         |
|           |           |           | (Earth-   | (Earth-   |         |
|           |           |           | to-space) | to-space) |         |
|           |           |           |           |           |         |
|           |           |           | RADIONA   | RADIONA   |         |
|           |           |           | VIGATION- | VIGATION- |         |
|           |           |           |           |           |         |
|           |           |           | SATELLITE | SATELLITE |         |
|           |           |           |           |           |         |
|           |           |           | 5.554     | FIXED     |         |
|           |           |           |           |           |         |
|           |           |           |           | 5.554     |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 47-47.2   |           |           | 47-48.2   | 47-47.2   | Amateur |
|           |           |           |           |           | (97)    |
| AMATEUR   |           |           |           | AMATEUR   |         |
|           |           |           |           |           |         |
| AMATEUR-  |           |           |           | AMATEUR-  |         |
| SATELLITE |           |           |           | SATELLITE |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 47.2-47.5 |           |           |           | 47.2-48.2 | Sa      |
|           |           |           |           |           | tellite |
| FIXED     |           |           |           | FIXED     |         |
|           |           |           |           |           | Communi |
| FIXED-    |           |           |           | FIXED-    | cations |
| SATELLITE |           |           |           | SATELLITE | (25)    |
| (Earth-   |           |           |           |           |         |
| to-space) |           |           |           | (Earth-   |         |
| 5.552     |           |           |           | to-space) |         |
|           |           |           |           | US297     |         |
| MOBILE    |           |           |           |           |         |
|           |           |           |           | MOBILE    |         |
| 5.552A    |           |           |           | US264     |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 47.5-47.9 | 47.5-47.9 |           |           |           |         |
|           |           |           |           |           |         |
| FIXED     | FIXED     |           |           |           |         |
|           |           |           |           |           |         |
| FIXED-    | FIXED-    |           |           |           |         |
| SATELLITE | SATELLITE |           |           |           |         |
|           | (Earth-   |           |           |           |         |
| (Earth-   | to-space) |           |           |           |         |
| to-space) | 5.552     |           |           |           |         |
| 5.552     |           |           |           |           |         |
|           | MOBILE    |           |           |           |         |
| (space-   |           |           |           |           |         |
| to-Earth) |           |           |           |           |         |
| 5.516B    |           |           |           |           |         |
|           |           |           |           |           |         |
| MOBILE    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 47.9-48.2 |           |           |           |           |         |
|           |           |           |           |           |         |
| FIXED     |           |           |           |           |         |
|           |           |           |           |           |         |
| FIXED-    |           |           |           |           |         |
| SATELLITE |           |           |           |           |         |
| (Earth-   |           |           |           |           |         |
| to-space) |           |           |           |           |         |
| 5.552     |           |           |           |           |         |
|           |           |           |           |           |         |
| MOBILE    |           |           |           |           |         |
|           |           |           |           |           |         |
| 5.552A    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 4         | 48.2-50.2 |           | 48.2-50.2 |           |         |
| 8.2-48.54 |           |           |           |           |         |
|           | FIXED     |           | FIXED     |           |         |
| FIXED     |           |           |           |           |         |
|           | FIXED-    |           | FIXED-    |           |         |
| FIXED-    | SATELLITE |           | SATELLITE |           |         |
| SATELLITE | (Earth-   |           | (Earth-   |           |         |
| (         | to-space) |           | to-space) |           |         |
| Earth-to- | 5.516B    |           | US297     |           |         |
|           | 5.552     |           |           |           |         |
| space)    |           |           | MOBILE    |           |         |
| 5.552     | MOBILE    |           | US264     |           |         |
| (space-   |           |           |           |           |         |
| to-Earth) |           |           |           |           |         |
|           |           |           |           |           |         |
| 5.516B    |           |           |           |           |         |
| 5.554A    |           |           |           |           |         |
| 5.555A    |           |           |           |           |         |
|           |           |           |           |           |         |
| MOBILE    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 48        |           |           |           |           |         |
| .54-49.44 |           |           |           |           |         |
|           |           |           |           |           |         |
| FIXED     |           |           |           |           |         |
|           |           |           |           |           |         |
| FIXED-    |           |           |           |           |         |
| SATELLITE |           |           |           |           |         |
|           |           |           |           |           |         |
| (Earth-   |           |           |           |           |         |
| to-space) |           |           |           |           |         |
| 5.552     |           |           |           |           |         |
|           |           |           |           |           |         |
| MOBILE    |           |           |           |           |         |
|           |           |           |           |           |         |
| 5.149     |           |           |           |           |         |
| 5.340     |           |           |           |           |         |
| 5.555     |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| See next  | 5.149     |           | 5.555     |           |         |
| page      | 5.340     |           | US342     |           |         |
|           | 5.555     |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+

+-----------+-----------+-----------+-----------+-----------+---+---------+
| 50.2-65   |           |           |           |           | P |         |
| GHz (EHF) |           |           |           |           | a |         |
|           |           |           |           |           | g |         |
|           |           |           |           |           | e |         |
|           |           |           |           |           | 7 |         |
|           |           |           |           |           | 9 |         |
+-----------+-----------+-----------+-----------+-----------+---+---------+
| Inte      |           |           | United    |           |   | FCC     |
| rnational |           |           | States    |           |   | Rule    |
| Table     |           |           | Table     |           |   | Part(s) |
+-----------+-----------+-----------+-----------+-----------+---+---------+
| Region 1  | Region 2  | Region 3  | Federal   | No        |   |         |
|           |           |           | G         | n-Federal |   |         |
|           |           |           | overnment | G         |   |         |
|           |           |           |           | overnment |   |         |
+-----------+-----------+-----------+-----------+-----------+---+---------+
| 4         | See       |           | See       |           |   | See     |
| 9.44-50.2 | previous  |           | previous  |           |   | p       |
|           | page for  |           | page for  |           |   | revious |
| FIXED     | 48.2-50.2 |           | 48.2-50.2 |           |   | page    |
|           | GHz       |           | GHz       |           |   | for     |
| FIXED-    |           |           |           |           |   | 47      |
| SATELLITE |           |           |           |           |   | .2-50.2 |
| (         |           |           |           |           |   | GHz     |
| Earth-to- |           |           |           |           |   |         |
|           |           |           |           |           |   |         |
| space)    |           |           |           |           |   |         |
| 5.552     |           |           |           |           |   |         |
| (space-   |           |           |           |           |   |         |
| to-Earth) |           |           |           |           |   |         |
|           |           |           |           |           |   |         |
| 5.516B    |           |           |           |           |   |         |
| 5.554A    |           |           |           |           |   |         |
| 5.555A    |           |           |           |           |   |         |
|           |           |           |           |           |   |         |
| MOBILE    |           |           |           |           |   |         |
+-----------+-----------+-----------+-----------+-----------+---+---------+
| 50.2-50.4 |           |           | 50.2-50.4 |           |   |         |
|           |           |           |           |           |   |         |
| EARTH     |           |           | EARTH     |           |   |         |
| EXP       |           |           | EXP       |           |   |         |
| LORATION- |           |           | LORATION- |           |   |         |
| SATELLITE |           |           | SATELLITE |           |   |         |
| (passive) |           |           | (passive) |           |   |         |
|           |           |           |           |           |   |         |
| SPACE     |           |           | SPACE     |           |   |         |
| RESEARCH  |           |           | RESEARCH  |           |   |         |
| (passive) |           |           | (passive) |           |   |         |
|           |           |           |           |           |   |         |
| 5.340     |           |           | US246     |           |   |         |
| 5.555A    |           |           |           |           |   |         |
+-----------+-----------+-----------+-----------+-----------+---+---------+
| 50.4-51.4 |           |           | 50.4-51.4 | 50.4-51.4 |   |         |
|           |           |           |           |           |   |         |
| FIXED     |           |           | FIXED     | FIXED     |   |         |
|           |           |           |           |           |   |         |
| FIXED-    |           |           | FIXED-    | FIXED-    |   |         |
| SATELLITE |           |           | SATELLITE | SATELLITE |   |         |
| (Earth-   |           |           |           |           |   |         |
| to-space) |           |           | (Earth-   | (Earth-   |   |         |
|           |           |           | to-space) | to-space) |   |         |
| MOBILE    |           |           |           |           |   |         |
|           |           |           | MOBILE    | MOBILE    |   |         |
| Mobile-   |           |           |           |           |   |         |
| satellite |           |           | MOBILE-   | MOBILE-   |   |         |
| (Earth-   |           |           | SATELLITE | SATELLITE |   |         |
| to-space) |           |           |           |           |   |         |
|           |           |           | (Earth-   | (Earth-   |   |         |
|           |           |           | to-space) | to-space) |   |         |
|           |           |           |           |           |   |         |
|           |           |           | G117      |           |   |         |
+-----------+-----------+-----------+-----------+-----------+---+---------+
| 51.4-52.6 |           |           | 51.4-52.6 |           |   |         |
|           |           |           |           |           |   |         |
| FIXED     |           |           | FIXED     |           |   |         |
|           |           |           |           |           |   |         |
| MOBILE    |           |           | MOBILE    |           |   |         |
|           |           |           |           |           |   |         |
| 5.547     |           |           |           |           |   |         |
| 5.556     |           |           |           |           |   |         |
+-----------+-----------+-----------+-----------+-----------+---+---------+
| 5         |           |           | 5         |           |   |         |
| 2.6-54.25 |           |           | 2.6-54.25 |           |   |         |
|           |           |           |           |           |   |         |
| EARTH     |           |           | EARTH     |           |   |         |
| EXP       |           |           | EXP       |           |   |         |
| LORATION- |           |           | LORATION- |           |   |         |
| SATELLITE |           |           | SATELLITE |           |   |         |
| (passive) |           |           | (passive) |           |   |         |
|           |           |           |           |           |   |         |
| SPACE     |           |           | SPACE     |           |   |         |
| RESEARCH  |           |           | RESEARCH  |           |   |         |
| (passive) |           |           | (passive) |           |   |         |
|           |           |           |           |           |   |         |
| 5.340     |           |           | US246     |           |   |         |
| 5.556     |           |           |           |           |   |         |
+-----------+-----------+-----------+-----------+-----------+---+---------+
| 54        |           |           | 54        |           |   |         |
| .25-55.78 |           |           | .25-55.78 |           |   |         |
|           |           |           |           |           |   |         |
| EARTH     |           |           | EARTH     |           |   |         |
| EXP       |           |           | EXP       |           |   |         |
| LORATION- |           |           | LORATION- |           |   |         |
| SATELLITE |           |           | SATELLITE |           |   |         |
| (passive) |           |           | (passive) |           |   |         |
|           |           |           |           |           |   |         |
| INTER-    |           |           | INTER-    |           |   |         |
| SATELLITE |           |           | SATELLITE |           |   |         |
| 5.556A    |           |           | 5.556A    |           |   |         |
|           |           |           |           |           |   |         |
| SPACE     |           |           | SPACE     |           |   |         |
| RESEARCH  |           |           | RESEARCH  |           |   |         |
| (passive) |           |           | (passive) |           |   |         |
|           |           |           |           |           |   |         |
| 5.556B    |           |           |           |           |   |         |
+-----------+-----------+-----------+-----------+-----------+---+---------+
| 5         |           |           | 5         |           |   |         |
| 5.78-56.9 |           |           | 5.78-56.9 |           |   |         |
|           |           |           |           |           |   |         |
| EARTH     |           |           | EARTH     |           |   |         |
| EXP       |           |           | EXP       |           |   |         |
| LORATION- |           |           | LORATION- |           |   |         |
| SATELLITE |           |           | SATELLITE |           |   |         |
| (passive) |           |           | (passive) |           |   |         |
|           |           |           |           |           |   |         |
| FIXED     |           |           | FIXED     |           |   |         |
| 5.557A    |           |           |           |           |   |         |
|           |           |           | INTER-    |           |   |         |
| INTER-    |           |           | SATELLITE |           |   |         |
| SATELLITE |           |           | 5.556A    |           |   |         |
| 5.556A    |           |           |           |           |   |         |
|           |           |           | MOBILE    |           |   |         |
| MOBILE    |           |           | 5.558     |           |   |         |
| 5.558     |           |           |           |           |   |         |
|           |           |           | SPACE     |           |   |         |
| SPACE     |           |           | RESEARCH  |           |   |         |
| RESEARCH  |           |           | (passive) |           |   |         |
| (passive) |           |           |           |           |   |         |
|           |           |           | US263     |           |   |         |
| 5.547     |           |           | US353     |           |   |         |
| 5.557     |           |           |           |           |   |         |
+-----------+-----------+-----------+-----------+-----------+---+---------+
| 56.9-57   |           |           | 56.9-57   | 56.9-57   |   |         |
|           |           |           |           |           |   |         |
| EARTH     |           |           | EARTH     | EARTH     |   |         |
| EXP       |           |           | EXP       | EXP       |   |         |
| LORATION- |           |           | LORATION- | LORATION- |   |         |
| SATELLITE |           |           |           |           |   |         |
| (passive) |           |           | SATELLITE | SATELLITE |   |         |
|           |           |           | (passive) | (passive) |   |         |
| FIXED     |           |           |           |           |   |         |
|           |           |           | FIXED     | FIXED     |   |         |
| INTER-    |           |           |           |           |   |         |
| SATELLITE |           |           | INTER-    | MOBILE    |   |         |
| 5.558A    |           |           | SATELLITE | 5.558     |   |         |
|           |           |           | G128      |           |   |         |
| MOBILE    |           |           |           | SPACE     |   |         |
| 5.558     |           |           | MOBILE    | RESEARCH  |   |         |
|           |           |           | 5.558     |           |   |         |
| SPACE     |           |           |           |           |   |         |
| RESEARCH  |           |           |           |           |   |         |
| (passive) |           |           |           |           |   |         |
+-----------+-----------+-----------+-----------+-----------+---+---------+

\* \* \* \* \*

INTERNATIONAL FOOTNOTES

\* \* \* \* \*

5.340 All emissions are prohibited in the following bands:

1400-1427 MHz,

2690-2700 MHz, except those provided for by No. 5.422,

10.68-10.7 GHz, except those provided for by No. 5.483,

15.35-15.4 GHz, except those provided for by No. 5.511,

23.6-24 GHz,

31.3-31.5 GHz,

31.5-31.8 GHz, in Region 2,

48.94-49.04 GHz, from airborne stations,

50.2-50.4 GHz^2^,

52.6-54.25 GHz,

86-92 GHz,

100-102 GHz,

109.5-111.8 GHz,

114.25-116 GHz,

148.5-151.5 GHz,

164-167 GHz,

182-185 GHz,

190-191.8 GHz,

200-209 GHz,

226-231.5 GHz,

250-252 GHz.

^2^ 5.340.1 The allocation to the earth exploration-satellite service
(passive) and the space research service (passive) in the band 50.2-50.4
GHz should not impose undue constraints on the use of the adjacent bands
by the primary services.

\* \* \* \* \*

5.516B The following bands are identified for use by high-density
applications in the fixed-satellite service (HDFSS):

17.3-17.7 GHz (space-to-Earth) in Region 1

18.3-19.3 GHz (space-to-Earth) in Region 2

19.7-20.2 GHz (space-to-Earth) in all Regions

39.5-40 GHz (space-to-Earth) in Region 1

40-40.5 GHz (space-to-Earth) in all Regions

40.5-42 GHz (space-to-Earth) in Region 2

47.5-47.9 GHz (space-to-Earth) in Region 1

48.2-48.54 GHz (space-to-Earth) in Region 1

49.44-50.2 GHz (space-to-Earth) in Region 1

and

27.5-27.82 GHz (Earth-to-space) in Region 1

28.35-28.45 GHz (Earth-to-space) in Region 2

28.45-28.94 GHz (Earth-to-space) in all Regions

28.94-29.1 GHz (Earth-to-space) in Region 2 and 3

29.25-29.46 GHz (Earth-to-space) in Region 2

29.46-30 GHz (Earth-to-space) in all Regions

48.2-50.2 GHz (Earth-to-space) in Region 2

This identification does not preclude the use of these bands by other
fixed-satellite service applications or by other services to which these
bands are allocated on a co-primary basis and does not establish
priority in these Regulations among users of the bands. Administrations
should take this into account when considering regulatory provisions in
relation to these bands. See Resolution 143 (WRC‑03).

\* \* \* \* \*

5.547 The bands 31.8-33.4 GHz, 37-40 GHz, 40.5-43.5 GHz, 51.4-52.6 GHz,
55.78-59 GHz and 64-66 GHz are available for high-density applications
in the fixed service (see Resolutions 75 (WRC‑2000) and 79 (WRC‑2000)).
Administrations should take this into account when considering
regulatory provisions in relation to these bands. Because of the
potential deployment of high-density applications in the fixed-satellite
service in the bands 39.5-40 GHz and 40.5-42 GHz (see No. 5.516B),
administrations should further take into account potential constraints
to high-density applications in the fixed service, as appropriate.

\* \* \* \* \*

5.551H The equivalent power flux-density (epfd) produced in the band
42.5-43.5 GHz by all space stations in any non-geostationary-satellite
system in the fixed-satellite service (space-to-Earth), or in the
broadcasting-satellite service (space-to-Earth) operating in the
42-42.5 GHz band, shall not exceed the following values at the site of
any radio astronomy station for more than 2% of the time:

--230 dB(W/m^2^) in 1 GHz and --246 dB(W/m^2^) in any 500 kHz of the
42.5-43.5 GHz band at the site of any radio astronomy station registered
as a single-dish telescope; and

--209 dB(W/m^2^) in any 500 kHz of the 42.5-43.5 GHz band at the site of
any radio astronomy station registered as a very long baseline
interferometry station.

These epfd values shall be evaluated using the methodology given in
Recommendation ITU‑R S.1586 and the reference antenna pattern and the
maximum gain of an antenna in the radio astronomy service given in
Recommendation ITU‑R RA.1631 and shall apply over the whole sky and for
elevation angles higher than the minimum operating angle θ*~min~* of the
radiotelescope (for which a default value of 5° should be adopted in the
absence of notified information).

These values shall apply at any radio astronomy station that either:

-- was in operation prior to 5 July 2003 and has been notified to the
Radiocommunication Bureau before 4 January 2004; or

-- was notified before the date of receipt of the complete Appendix 4
information for coordination or notification, as appropriate, for the
space station to which the limits apply.

Other radio astronomy stations notified after these dates may seek an
agreement with administrations that have authorized the space stations.
In Region 2, Resolution** **743 (WRC‑03) shall apply. The limits in this
footnote may be exceeded at the site of a radio astronomy station of any
country whose administration so agreed.

5.551I The power flux-density in the band 42.5-43.5 GHz produced by any
geostationary space station in the fixed-satellite service
(space-to-Earth), or the broadcasting-satellite service (space-to-Earth)
operating in the 42-42.5 GHz band, shall not exceed the following values
at the site of any radio astronomy station:

--137 dB(W/m^2^) in 1 GHz and --153 dB(W/m^2^) in any 500 kHz of the
42.5-43.5 GHz band at the site of any radio astronomy station registered
as a single-dish telescope; and

--116 dB(W/m^2^) in any 500 kHz of the 42.5-43.5 GHz band at the site of
any radio astronomy station registered as a very long baseline
interferometry station.

These values shall apply at the site of any radio astronomy station that
either:

-- was in operation prior to 5 July 2003 and has been notified to the
Radiocommunication Bureau before 4 January 2004; or

-- was notified before the date of receipt of the complete Appendix 4
information for coordination or notification, as appropriate, for the
space station to which the limits apply.

Other radio astronomy stations notified after these dates may seek an
agreement with administrations that have authorized the space stations.
In Region 2, Resolution 743 (WRC‑03) shall apply. The limits in this
footnote may be exceeded at the site of a radio astronomy station of any
country whose administration so agreed.

\* \* \* \* \*

5.554A The use of the bands 47.5-47.9 GHz, 48.2-48.54 GHz and
49.44-50.2 GHz by the fixed-satellite service (space-to-Earth) is
limited to geostationary satellites.

\* \* \* \* \*

5.555A The power flux-density in the band 48.94-49.04 GHz produced by
any geostationary space station in the fixed-satellite service
(space-to-Earth) operating in the bands 48.2-48.54 GHz and
49.44‑50.2 GHz shall not exceed --151.8 dB(W/m^2^) in any 500 kHz band
at the site of any radio astronomy station.

\* \* \* \* \*

UNITED STATES (US) FOOTNOTES

\* \* \* \* \*

US382 In the band 39.5-40 GHz, Federal Government earth stations in the
mobile-satellite service (space-to-Earth) shall not claim protection
from non-Federal Government stations in the fixed and mobile services.
ITU Radio Regulation No. 5.43A does not apply.

\* \* \* \* \*

GOVERNMENT (G) FOOTNOTES

\* \* \* \* \*

G117 In the bands 7.25-7.75 GHz, 7.9-8.4 GHz, 17.8-21.2 GHz, 30-31 GHz,
33-36 GHz, 39.5-41 GHz, 43.5-45.5 GHz and 50.4-51.4 GHz, the Government
fixed-satellite and mobile-satellite services are limited to military
systems.

\* \* \* \* \*

# PART 25 -- Satellite Communications {#part-25-satellite-communications .unnumbered}

3\. The authority citation for Part 25 continues to read as follows:

AUTHORITY: 47 U.S.C. 701-744. Interprets or applies sec. 303, 47 U.S.C.
303. 47 U.S.C. sections 154, 301, 302, 303, 307, 309 and 332, unless
otherwise noted.

4\. Section 25.202(a)(1) is revised to read as follows:

**§ 25.202 Frequencies, frequency tolerance and emission limitations.**

Section (a)(1), modify the table as follows:

> \(1\) Add the following two entries to the bottom of the left-hand
> column as follows:
>
> 37.5-40^16,\ 17^
>
> 40-42^17^
>
> \(2\) Change the last entry at the bottom of the right-hand column
> from "48.2-50.2" to "47.2-50.2."
>
> \(3\) Add a superscript 1 to the new bottom entry in the right-hand
> column so that it reads "47.2-50.2^1"^
>
> \(4\) Append the following two footnotes following the footnotes:
>
> ^16^ Use of this band by the fixed-satellite service is limited to
> "gateway" earth station operations, provided the licensee under this
> Part obtains a license under Part 101 of this Chapter or an agreement
> from a Part 101 licensee for the area in which an earth station is to
> be located. Satellite earth station facilities in this band may not be
> ubiquitously deployed and may not be used to serve individual
> consumers.
>
> ^17^ The band 37.5-40.0 GHz is designated as being available for use
> by the fixed and mobile services and the band 40.0-42.0 GHz is
> designated as being available for use by the fixed-satellite service.

5\. Section 25.208 is amended by adding new paragraphs (p), (q), (r),
(s) and (t) to read as follows:

**[§ 25.208 Power flux-density limits.]{.underline}**

\* \* \* \* \*

> \(p\) In the band 37.5-40.0 GHz, the power flux‑density at the Earth's
> surface produced by emissions from a geostationary space station for
> all methods of modulation shall not exceed the following values.
>
> \(1\) This limit relates to the power flux-density which would be
> obtained under assumed free space conditions (that is, when no
> allowance is made for propogation impairments such as rain-fade):
>
> -139 dB(W/m^2^) in any 1 MHz band for angles of arrival between 0 and
> 5 degrees above the horizontal plane;
>
> -139 + 4/3 (-5) dB(W/m^2^) in any 1 MHz band for angles of arrival (in
> degrees) between 5 and 20 degrees above the horizontal plane; and
>
> -119 + 0.4 (-20) dB(W/m^2^) in any 1 MHz band for angles of arrival
> (in degrees) between 20 and 25 degrees above the horizontal plane;
>
> -117 dB(W/m^2^) in any 1 MHz band for angles of arrival between 25 and
> 90 degrees above the horizontal plane;
>
> \(2\) This limit relates to the maximum power flux-density which would
> be obtained anywhere on the surface of the Earth during periods when
> FSS system raises power to compensate for rain-fade conditions at the
> FSS Earth station:
>
> -127 dB(W/m^2^) in any 1 MHz band for angles of arrival between 0 and
> 5 degrees above the horizontal plane;
>
> -127 + 4/3 (-5) dB(W/m^2^) in any 1 MHz band for angles of arrival (in
> degrees) between 5 and 20 degrees above the horizontal plane; and
>
> -107 + 0.4 (-20) dB(W/m^2^) in any 1 MHz band for angles of arrival
> (in degrees) between 20 and 25 degrees above the horizontal plane;
>
> -105 dB(W/m^2^) in any 1 MHz band for angles of arrival between 25 and
> 90 degrees above the horizontal plane.

Note to Paragraph (p): The conditions under which satellites may exceed
the power flux-density limits for normal free space propagation
described in (1) to compensate for the effects of rain fading are under
study and have therefore not yet been defined. Such conditions and the
extent to which these limits can be exceeded will be the subject of a
further rulemaking by the Commission on the satellite service rules.

> \(q\) In the band 37.5-40.0 GHz, the power flux‑density at the Earth's
> surface produced by emissions from a non-geostationary space station
> for all methods of modulation shall not exceed the following values:
>
> \(1\) This limit relates to the power flux-density which would be
> obtained under assumed free space conditions (that is, when no
> allowance is made for propogation impairments such as rain-fade):
>
> -132 dB(W/m^2^) in any 1 MHz band for angles of arrival between 0 and
> 5 degrees above the horizontal plane;
>
> -132 + 0.75 (-5) dB(W/m^2^) in any 1 MHz band for angles of arrival
> (in degrees) between 5 and 25 degrees above the horizontal plane; and
>
> -117 dB(W/m^2^) in any 1 MHz band for angles of arrival between 25 and
> 90 degrees above the horizontal plane;
>
> \(2\) This limit relates to the maximum power flux-density which would
> be obtained anywhere on the surface of the Earth during periods when
> FSS system raises power to compensate for rain-fade conditions at the
> FSS Earth station:
>
> -120 dB(W/m^2^) in any 1 MHz band for angles of arrival between 0 and
> 5 degrees above the horizontal plane;
>
> -120 + 0.75 (-5) dB(W/m^2^) in any 1 MHz band for angles of arrival
> (in degrees) between 5 and 25 degrees above the horizontal plane; and
>
> -105 dB(W/m^2^) in any 1 MHz band for angles of arrival between 25 and
> 90 degrees above the horizontal plane.

Note to Paragraph (q): The conditions under which satellites may exceed
these power flux-density limits for normal free space propagation
described in (1) to compensate for the effects of rain fading are under
study and have therefore not yet been defined. Such conditions and the
extent to which these limits can be exceeded will be the subject of a
further rulemaking by the Commission on the satellite service rules.

> \(r\) In the band 40.0- 40.5 GHz, the power flux‑density at the
> Earth's surface produced by emissions from a space station for all
> conditions and for all methods of modulation shall not exceed the
> following values:
>
> -115 dB(W/m^2^) in any 1 MHz band for angles of arrival between 0 and
> 5 degrees above the horizontal plane;
>
> -115 + 0.5 (-5) dB(W/m^2^) in any 1 MHz band for angles of arrival (in
> degrees) between 5 and 25 degrees above the horizontal plane; and
>
> -105 dB(W/m^2^) in any 1 MHz band for angles of arrival between 25 and
> 90 degrees above the horizontal plane;

These limits relate to the power flux‑density that would be obtained
under assumed free-space propagation conditions.

> \(s\) In the band 40.5-42.0 GHz, the power flux density at the Earth's
> surface produced by emissions from a non-geostationary space station
> for all conditions and for all methods of modulation shall not exceed
> the following values:
>
> -115 dB(W/m^2^) in any 1 MHz band for angles of arrival between 0 and
> 5 degrees above the horizontal plane;
>
> -115 + 0.5 (-5) dB(W/m^2^) in any 1 MHz band for angles of arrival (in
> degrees) between 5 and 25 degrees above the horizontal plane; and
>
> -105 dB(W/m^2^) in any 1 MHz band for angles of arrival between 25 and
> 90 degrees above the horizontal plane;

These limits relate to the power flux density that would be obtained
under assumed free-space propagation conditions.

> \(t\) In the band 40.5-42.0 GHz, the power flux‑density at the Earth's
> surface produced by emissions from a geostationary space station for
> all conditions and for all methods of modulation shall not exceed the
> following values:
>
> -120 dB(W/m^2^) in any 1 MHz band for angles of arrival between 0 and
> 5 degrees above the horizontal plane;
>
> -120 + (-5) dB(W/m^2^) in any 1 MHz band for angles of arrival (in
> degrees) between 5 and 15 degrees above the horizontal plane;
>
> -110 + 0.5(-15) dB(W/m^2^) in any 1 MHz band for angles of arrival (in
> degrees) between 15 and 25 degrees above the horizontal plane; and
>
> -105 dB(W/m^2^) in any 1 MHz band for angles of arrival between 25 and
> 90 degrees above the horizontal plane;

These limits relate to the power flux‑density that would be obtained
under assumed free-space propagation conditions.

# Part 101 -- Fixed Microwave Services {#part-101-fixed-microwave-services .unnumbered}

6\. The authority citation for part 101 continues to read as follows:

AUTHORITY: 47 U.S.C. 154, 303.

7\. Paragraph (a) of Section 101.147 is amended by deleting the entries
for "38,600-40,000 MHz" and "Bands Above 40,000 MHz" and replacing them
with the following entries and by adding new note 31 to read as follows:

**[§ 101.147 Frequency assignments.]{.underline}**

\(a\) Frequencies in the following bands are available for assignment
for fixed microwave services.

\* \* \* \* \*

37,000-40,000 MHz (4)(32)

42,000-42,500 MHz

Notes

\* \* \* \* \*

\(32\) Frequencies in this band are shared with stations in the
fixed‑satellite service, subject to the conditions specified in footnote
16 of Section 25.202(a)(1), *see* 47 C.F.R. § 25.202(a)(1) n.16.

\* \* \* \* \*

# Appendix C: Final Regulatory Flexibility Act Analysis {#appendix-c-final-regulatory-flexibility-act-analysis .unnumbered}

As required by the Regulatory Flexibility Act of 1980, as amended
(RFA),[^207] an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated into the Further Notice of Proposed Rulemaking in IB Docket
No. 97-95.[^208] The Commission sought written public comment on the
Proposals in the V-band Further Notice, including comment on the IRFA.
This present Final Regulatory Flexibility Analysis (FRFA) conforms to
the RFA.[^209]

## Need for and Objectives of the Proposed Rules 

In this *Report and Order*, we modify the band segmentation plan
governing operations in the 36.0-51.4 GHz band to reflect decisions
reached at the 2000 World Radiocommunication Conference (WRC-2000) and
the 2003 World Radiocommunication Conference (WRC-2003). The changes
adopted in the domestic Table of Allocations seek to maximize efficient
use of the radio spectrum by both satellite and terrestrial uses, with
minimal changes to the existing Table. These changes will provide
satellite and terrestrial operators, including small entity operators,
with greater certainty about the scope of operations in this band, and
should therefore provide benefits for small entity operators.

We make various designation and allocation changes in the 37.0 -42.0 GHz
band to create two gigahertz of contiguous spectrum for both fixed
satellite services and three gigahertz for terrestrial fixed wireless
services. Specifically, we:

-   Redesignate the spectrum available for wireless services from the
    41.0-42.0 GHz band to the 37.6-38.6 GHz band, redesignate the
    spectrum available for satellite uses from the 37.6-38.6 GHz band to
    the 41.0-42.0 GHz band, and modify Parts 25 and 101 of our rules
    accordingly.

-   Decline to adopt a Mobile-Satellite Service (MSS) designation in the
    40.5-41.0 GHz band on a primary basis, and allocate MSS on a
    secondary basis in the 40.5-41.0 GHz band for Federal and
    non-Federal Government use.

-   Add an additional 100 megahertz Fixed-Satellite Service (FSS)
    allocation in the 37.5-37.6 GHz band.

-   Delete the non-Federal Government MSS allocation from the 39.5-40.0
    GHz band and no longer require that non-Federal Government fixed and
    mobile operations protect Federal Government MSS earth stations in
    this band.

-   Add a Government FSS allocation to the 40.5-41.0 GHz band, and
    require Government and commercial operators to coordinate their
    operations on a co-primary[^210] basis.

-   Adopt a primary non-Government FSS allocation in the 41.0-42.0 GHz
    band and modify the Table of Allocations in Section 2.106 of our
    rules accordingly.

-   Maintain the current 47.2-48.2 GHz allocation for exclusive
    commercial use, and preserve the 42.5-43.5 GHz allocation for
    exclusive Government use (with the exception of Radio Astronomy
    operations).

-   Incorporate into the Commission's rules PFD limits in the 37.5-40.0
    GHz band that apply during normal (free-space, clear-sky) conditions
    and upper bound PFD limits that may apply during rain fade
    conditions.

-   Adopt a description of "gateway" for earth stations licensed in the
    37.5-40.0 GHz band.

## B. Legal Basis {#b.-legal-basis .unnumbered}

The proposed action is taken pursuant to Sections 1, 4(i), 301, 302,
303(e), 303(f), 303(g), 303(r), 304, and 307 of the Communications Act
of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 301, 302, 303(e), 303(f),
303(g), 303(r), 304, and 307.

## C. Description and Estimate of the Number of Small Entities to Which the Proposed Rules Will Apply {#c.-description-and-estimate-of-the-number-of-small-entities-to-which-the-proposed-rules-will-apply .unnumbered}

The RFA directs agencies to provide a description of, and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted.[^211] The RFA generally
defines the term "small entity" as having the same meaning as the terms
"small business," "small organization," and "small governmental
jurisdiction."[^212] In addition, the term "small business" has the same
meaning as the term "small business concern" under the Small Business
Act.[^213] A small business concern is one which: (1) is 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).[^214]

**Geostationary and Non-Geostationary Orbit Fixed-Satellite Service
Applicants and Licensees.** Regarding future satellite use of the bands
that are the subject of this rulemaking, the applicable definition of
small entity is the definition under the Small Business Administration
(SBA) rules applicable to Satellite Telecommunications. This definition
provides that a small entity is one with \$12.5 million or less in
annual receipts.[^215] According to 1997 Census Bureau data,[^216] there
are 273 satellite communication firms with annual receipts of under \$10
million. In addition, 24 firms had receipts for that year of \$10
million to \$24,999,990.[^217] Generally, these NGSO and GSO FSS systems
cost several millions of dollars to construct and operate. Therefore the
NGSO and GSO FSS companies, or their parent companies, rarely qualify
under this definition as a small entity. In addition, the proposed rules
may affect allocations for the space research (passive) and radio
astronomy services. There are no small entities affected by this action
because only Federal agencies currently make use of these services.

**Terrestrial Fixed and Mobile Wireless Services.** We note that the
rules proposed in this order provide spectrum for future wireless and
satellite licensees and the proposal would not affect any current
non-Federal Government users. Regarding future terrestrial fixed and
mobile use of the subject bands, the applicable definition of small
entity is the definition under the SBA rules applicable to the Cellular
and Other Wireless Telecommunications industry. This definition provides
that a small entity is a firm employing no more than 1,500
persons.[^218] The 1997 Census of Transportation, Communications, and
Utilities, conducted by the Bureau of the Census, which is the most
recent information available, shows that only 12 cellular and other
wireless telecommunications firms out of a total of 1,238 such firms
that operated during 1997 had 1,000 or more employees.[^219] While we
cannot at this time know precisely which entities will ultimately be
utilizing all the subject spectrum, the following services are
possibilities:

**Fixed Microwave Services.** Fixed microwave services include common
carrier,[^220] private operational-fixed,[^221] and broadcast auxiliary
radio services.[^222] At present, there are approximately 22,015 common
carrier fixed licensees and 61,670 private operations-fixed licensees
and broadcast auxiliary radio licensees in the microwave services. The
Commission has not created a size standard for a small business
specifically with respect to fixed microwave services. For purposes of
this analysis, the Commission uses the SBA small business size standard
for the category "Cellular and Other Telecommunications," which is 1,500
or fewer employees.[^223] The Commission does not have data specifying
the number of these licensees that have more than 1,500 employees, and
thus are unable at this time to estimate with greater precision the
number of fixed microwave service licensees that would qualify as small
business concerns under the SBA's small business size standard.
Consequently, the Commission estimates that there are 22,015 or fewer
small common carrier fixed licensees and 61,670 licensees in the
microwave services that may be affected by the rules and policies
adopted herein. The Commission notes, however, that the common carrier
microwave fixed licensee category includes some large entities.

**39 GHz Service.** The Commission created a special small business size
standard for 39 GHz licenses -- an entity that has average gross
revenues of \$40 million or less in the three previous calendar
years.[^224] An additional size standard for "very small businesses" is:
an entity that, together with affiliates, has average gross revenues of
not more than \$15 million for the preceding three calendar years.[^225]
The SBA has approved these small business size standards.[^226] The
auction of the 2,173 39 GHz licenses began on April 12, 2000 and closed
on May 8, 2000. The 18 bidders who claimed small business status won 849
licenses. Consequently, the Commission estimates that 18 or fewer 39 GHz
licensees are small entities that may be affected by the rules and
policies adopted herein.

**Local Multipoint Distribution Service.** The auction of the 1,030
Local Multipoint Distribution Service (LMDS) licenses began on February
18, 1998 and closed on March 25, 1998. The Commission established a
small business size standard for LMDS licensees as an entity that has
average gross revenues of less than \$40 million in the three previous
calendar years.[^227] An additional small business size standard for
"very small business" was added as an entity that, together with its
affiliates, has average gross revenues of not more than \$15 million for
the preceding three calendar years.[^228] The SBA approved these small
business size standards in the context of LMDS auctions.[^229] There
were 93 winning bidders that qualified as small entities in the LMDS
auctions. A total of 93 small and very small business bidders won
approximately 277 A Block licenses and 387 B Block licenses. On March
27, 1999, the Commission re-auctioned 161 licenses; there were 40
winning bidders. Based on this information, we conclude that the number
of small LMDS licenses will include the 93 winning bidders in the first
auction and the 40 winning bidders in the re-auction, for a total of 133
small entity LMDS providers as defined by the SBA and the Commission's
auction rules.

> D. Description of Projected Reporting, Recordkeeping and Other
> Compliance Requirements

None. These changes impose no cost or reporting burdens on
fixed-satellite, mobile-satellite, or broadcasting-satellite service
operators. No incumbents are affected by this proposed action. The only
service rule changes proposed concern power flux density limits and
frequency tolerance and emission limitations, which do not have
associated compliance burdens.

> E. Steps Taken to Minimize Significant Economic Impact on Small
> Entities, and Significant Alternatives Considered

The RFA requires an agency to describe any significant alternatives that
it has considered in reaching its proposed approach, which may include
the following four alternatives (among others): (1) the establishment of
differing compliance or reporting requirements or timetables that take
into account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance or
reporting requirements under the rule for small entities; (3) the use of
performance, rather than design, standards; and (4) an exemption from
coverage of the rule, or any part thereof, for small entities.[^230]

In this Report and Order, we modify the band segmentation plan governing
operations in the 36.0-51.4 GHz band to reflect decisions reached at the
2000 World Radiocommunication Conference (WRC-2000) and the 2003 World
Radiocommunication Conference (WRC-2003). These changes primarily
attempt to settle allocation and segmentation issues and, as a result,
provide similar benefits for all entities, including small.
Specifically, the changes adopted in the domestic Table of Allocations
seek to maximize efficient use of the radio spectrum by both satellite
and terrestrial uses, with minimal changes to the existing Table. These
changes will benefit all satellite and terrestrial operators by
providing satellite and terrestrial operators, including small entity
operators, with greater certainty about the scope of operations in this
band.

**F. Federal Rules that May Duplicate, Overlap, or Conflict with the
Proposed Rules**

None.

V-Band Allocations (37.0 GHz-42.5 GHz)

Non-Government V-Band Designations

[^1]: We use the term "V-band" in this Order to refer generally to the
    frequencies in the 36-51 GHz band. *See Allocation and Designation
    of Spectrum for Fixed-Satellite Services in the 37.5-38.5 GHz,
    40.5-41.5 GHz and 48.2-50.2 GHz Frequency Bands; Allocation of
    Spectrum to Upgrade Fixed and Mobile Allocations in the 40.5-42.5
    GHz Frequency Band; Allocation of Spectrum in the 46.9-47.0 GHz
    Frequency Band for Wireless Services; and Allocation of Spectrum in
    the 37.0-38.0 GHz and 40.0-40.5 GHz for Government Operations*, IB
    Docket No. 97-95, Further Notice of Proposed Rulemaking, FCC 01-182,
    16 FCC Rcd 12244 (2001) (*V-band Further Notice*); *Allocation and
    Designation of Spectrum for Fixed-Satellite Services in the
    37.5-38.5 GHz, 40.5-41.5 GHz, and 48.2-50.2 GHz Frequency Bands;
    Allocation of Spectrum to Upgrade Fixed and Mobile Allocations in
    the 40.5-42.5 GHz Frequency Band; Allocation of Spectrum in the
    46.0-47.0 GHz Frequency Band for Wireless Services; and Allocation
    of Spectrum in the 37.0-38.0 GHz and 40.0-40.5 GHz for Government
    Operations*, IB Docket No. 97-95, Report and Order, FCC 98-336, 13
    FCC Rcd 24649 (1998) (*36-51 GHz Order*).

[^2]: A designation provides an allocated service or services use of a
    specific frequency band for which other services may also be
    allocated. Designations are only needed where bands are allocated to
    more than one co-primary service and sharing between these services
    may be difficult. *See 36-51 GHz Order*, 13 FCC Rcd at 24650 n.3.

[^3]: An allocation is an entry in the Table of Frequency Allocations of
    a service or services for use of a specific frequency band.

[^4]: The International Telecommunication Union (ITU) holds
    multi-national World Radiocommunication Conferences (WRCs) at two or
    three year intervals to establish international provisions governing
    the use of the electromagnetic spectrum.

[^5]: A service that is primary is the only service given priority
    status to operate in a frequency band. A service that is co-primary
    must share operations with other services specified as co-primary in
    the frequency band on a co-equal basis. A service that is secondary
    is allowed to use the band as long as its operations do not cause
    interference to any primary operations, and it must accept any
    interference caused by a primary service. If a secondary service
    operation causes interference to a primary service, the secondary
    service provider must eliminate the interference or cease
    operations. *See generally* 47 C.F.R. § 2.105 (2002).

[^6]: Although we adopt PFD limits for the 40.0-42.0 GHz band at this
    time, rules for satellite-to-satellite sharing between Geostationary
    Orbit (GSO) and Non-Geostationary Orbit (NGSO) networks are also
    necessary. We will address these inter-satellite system sharing
    rules in a future rulemaking proceeding.

[^7]: We note that we have an open proceeding regarding the service
    rules for some frequencies within the V-band. *See Amendment of the
    Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz
    Bands; Implementation of Section 309(j) of the Communications Act --
    Competitive Bidding, 37.0-38.6 GHz and 38.6-40.0 GHz Bands*, ET
    Docket No. 95-183 (*37 GHz Proceeding*).

[^8]: *See infra* ¶ 55 (discussing the effect of this rulemaking on
    pending satellite applications).

[^9]: *See Amendment of Parts 2, 15, and 21 of the Commission's Rules to
    Permit Use of Radio Frequencies Above 40 GHz for New Radio
    Applications*, ET Docket No. 94-124, Notice of Proposed Rulemaking
    and Order, FCC 94-273, 9 FCC Rcd 7078 (1994) (*Millimeter Wave
    Notice*).

[^10]: *See Millimeter Wave Notice,* 9 FCC Rcd at 7083, ¶ 11.

[^11]: *See Amendment of the Commission's Rules Regarding the 37.0-38.6
    GHz and 38.6-40 GHz Band -- Implementation of Section 309(j) of the
    Communications Act,* ET Docket No. 95-183, Notice of Proposed
    Rulemaking and Order, FCC 95-500, 11 FCC Rcd 4930 (1995) (*39 GHz
    Notice*).

[^12]: *V-band Further Notice*, 16 FCC Rcd at 12246, ¶ 4.

[^13]: *Allocation and Designation of Spectrum for Fixed-Satellite
    Services in the 37.5-38.5 GHz, 40.5-41.5 GHz, and 48.2-50.2 GHz
    Frequency Bands; Allocation of Spectrum to Upgrade Fixed and Mobile
    Allocations in the 40.5-42.5 GHz Frequency Band, Allocation of
    Spectrum in the 46.9-47.0 GHz Frequency Band for Wireless Services;
    and Allocation of Spectrum in the 37.0-38.0 GHz and 40.0-40.5 GHz
    for Government Operations*, IB Docket No. 97-95, Notice of Proposed
    Rulemaking, FCC 97-85, 12 FCC Rcd 10130 (1997) (*First V-band
    Notice*).

[^14]: *V-band Further Notice*, 16 FCC Rcd at 12248, ¶ 8.

[^15]: In this context, PFD represents a measure of the amount of energy
    emitted by a transmitter that is present over a unit area at the
    Earth's surface or at the satellite and is a critical factor in
    determining whether satellite systems can successfully share
    spectrum with other services or satellite systems. *See, e.g.,
    Amendment of Parts 2 and 25 of the Commission's Rules to Permit
    Operation of NGSO FSS Systems Co-Frequency with GSO and Terrestrial
    Systems in the Ku-Band Frequency Range*, ET Docket No. 98-206, Third
    Memorandum Opinion and Order, FCC 03-24, ¶ 1 & n.3 (rel. Feb. 6,
    2003) (citation omitted).

[^16]: The band 37.0-37.6 GHz is allocated to non-Government Fixed and
    Mobile services and would be used for FS operations in association
    with the 37.6-40.0 GHz band.

[^17]: Invites 7 of ITU-R Res. 84 (WRC-2000).

[^18]: *V-band Further Notice*, 16 FCC Rcd at 12249, ¶ 11.

[^19]: The *V-Band Further Notice* proposed to modify the band plan for
    the 36.0-51.4 GHz band and proposed specific PFD limits on satellite
    operations consistent with the results of WRC-2000, and, like the
    *36-51 GHz Order*, proposed to designate a total of four gigahertz
    of spectrum for FSS and 5.6 gigahertz of spectrum for wireless
    services. *V-band Further Notice*, 16 FCC Rcd at 12245, ¶ 1.

[^20]: *See* Letter from William T. Hatch, Office of Spectrum
    Management, NTIA, to Bruce Franca, Office of Engineering and
    Technology, FCC (March 2, 2001) (NTIA Mar. 2, 2001 *Ex Parte*
    Letter).

[^21]: *See* WRC 2003 Provisional Final Acts 5. 516B.

[^22]: *See* WRC 2003 Provisional Final Acts 5.551H and 5.551I and Res.
    743.

[^23]: *V-band* *Further Notice*, 16 FCC Rcd at 12251-52, ¶ 15.

[^24]: *V-band* *Further Notice,* 16 FCC Rcd at 12251-52, ¶ 15.

[^25]: Specifically, the Commission proposed to redesignate the spectrum
    available for wireless services from 41.0-42.0 GHz to 37.6-38.6 GHz,
    and to redesignate the spectrum available for satellite uses from
    37.6-38.6 GHz to 41.0-42.0 GHz. *V-band* *Further Notice*, 16 FCC
    Rcd at 12251, ¶ 15.

[^26]: *See* Winstar Comments at 3; DMC Comments at 1; SIA Comments at
    2; ART Reply at 2; Bala IV Reply at 2; AT&T Reply at 2; Spectrum
    Astro Comments at 2; Harris Reply at 2.

[^27]: Intelsat Comments at 2.

[^28]: Hughes Comments at 8.

[^29]: Winstar Comments at 2.

[^30]: Winstar Comments at 2.

[^31]: *See*, *e.g.,* Winstar Comments at 2 (arguing that the new band
    plan will promote deployment of fixed wireless services); Intelsat
    Comments at 2*; V-band Further Notice*, 16 FCC Rcd at 12248, ¶ 8.

[^32]: *See* *V-band* *Further Notice*, 16 FCC Rcd at 12250, ¶ 14.

[^33]: Boeing Comments at 9-10.

[^34]: Boeing Comments at 9.

[^35]: Boeing Comments at 9-10.

[^36]: Because we are designating the 37.6-38.6 GHz sub-band, we need
    not address Boeing's argument that the Commission should target
    instead the 42.5-43.5 GHz sub-band for any demonstrated need for
    future fixed service expansion. *See* Boeing Comments at 10.

[^37]: Boeing Comments at ii, 10-11; Hughes Comments at 8.

[^38]: According to Boeing, assuming a maximum possible 78.5 square mile
    service area for each base station in a wireless network, at least
    7,400 base stations would be required to cover the metropolitan
    areas of the United States. Assuming a price of \$625,000 per base
    station, the cost to set up even a minimum required wireless
    infrastructure to serve all Metropolitan Statistical Areas (MSAs)
    would amount to \$4.6 billion dollars, not including customer
    equipment costs. Rural Service Areas in the United States (distinct
    from MSAs) cover a total of approximately 3 million square miles.
    Coverage of these areas would require approximately 38,000 base
    stations at a total cost of about \$23.8 billion dollars. Because of
    these costs, Boeing claims that it is likely that FS will be able to
    serve only a small portion of the United States using the 37.6-38.6
    GHz band. *See* Boeing Comments at 12-13.

[^39]: Boeing Comments at 11-13.

[^40]: Boeing Comments at 14.

[^41]: Winstar Comments at 1-3.

[^42]: *See, e.g.,* Intelsat Comments at 2 (redesignation would benefit
    FSS satellite operators and simplify spacecraft design.)

[^43]: Hughes Comments at 2-3; Hughes Reply at 1-5.

[^44]: *See* Section 25.202, n.15.

[^45]: *See* discussion *infra* Section III.A.5.

[^46]: *See In the Matter of TRW, Inc. Request for Waiver of the
    Commissions Rules to Provide Fixed Satellite Service in the 39 GHz
    Band*, Memorandum Opinion and Order, 16 FCC Rcd 5198 (Wireless Tel.
    Bur. 2001) (*TRW Waiver Order*). We note that the Commission adopted
    the *TRW Waiver Order* prior to the passage of the ORBIT Act, 47
    U.S.C. § 761 *et seq*.

[^47]: *V-band* *Further Notice*, 16 FCC Rcd at 12252, ¶ 16.

[^48]: *V-band Further Notice*, 16 FCC Rcd at 12253-54, ¶¶ 23-25.

[^49]: Winstar Comments at 4; NTIA Comments at 1.

[^50]: Intelsat Comments at 2.

[^51]: PanAmSat Reply at 4; TRW Comments at 8.

[^52]: PanAmSat Reply at 4; TRW Comments at 8.

[^53]: *See V-band Further Notice*, 16 FCC Rcd at 12247 n.17.

[^54]: *See V-band Further Notice*, 16 FCC Rcd at 12247 n.17.

[^55]: *See* *supra* Section III.A.1.

[^56]: Designations, in other words, may apply to only technically
    similar services within the same band. For example, FSS and BSS, in
    which satellites transmit to fixed earth stations under similar
    power and operational constraints, are technically similar services.
    Their similarities allowed the Commission to designate both services
    as the principal service type in portions of the V-band over the
    technically dissimilar co-primary service of FS.

[^57]: *See infra* Section III.B.2. As a secondary service in this band,
    MSS must not cause interference to and must accept interference from
    the primary FSS, BSS and FS services.

[^58]: *See* International Telecommunications Union, Radio Regulations,
    Article 5.

[^59]: *See infra* III.B.2.

[^60]: *V-band* *Further Notice*, 16 FCC Rcd at 12252, ¶ 17.

[^61]: *V-band Further Notice*, 16 FCC Rcd at 12252, ¶ 17.

[^62]: Winstar Comments at 4.

[^63]: TRW Comments at 19.

[^64]: *V-band Further Notice*, 16 FCC Rcd at 12257-58, ¶ 35.

[^65]: *V-band Further Notice*, 16 FCC Rcd at 12259, ¶ 40. In May 2002,
    the Commission entered into an Arrangement with Industry Canada,
    which "reaffirms the band segmentation approach proposed by the
    Commission after WRC-2000 that identifies spectrum below 40 GHz
    primarily for high density fixed service use as well as spectrum
    between 40 and 42 GHz primarily for high density fixed-satellite
    service operations." *See FCC and Industry Canada Sign Arrangement
    on Principles Governing Use on 37.5-42.5 GHz Band*, FCC Press
    Release, dated May 28, 2002.

[^66]: *V-Band Further Notice*, 16 FCC Rcd at 12258, ¶ 38.

[^67]: TRW Comments at 21.

[^68]: TRW Comments at 21.

[^69]: PanAmSat Reply at 2.

[^70]: V*-Band Further Notice*, 16 FCC Rcd at 12258, ¶¶ 36-37.

[^71]: Winstar Comments at 7.

[^72]: Several parties suggest we defer adopting the provisional
    WRC-2000 PFD limits until after the Commission addresses service and
    licensing rules for these bands and the conclusion of WRC-2003.
    *See* Intelsat Comments at 3, Hughes Comments at 10-11. WRC-2003 has
    now concluded, and nothing that occurred at this WRC has persuaded
    us against implementing soft segmentation.

[^73]: WRC-2003 Article 21, Table 21.4.

[^74]: For example, a "bottom-up" rule establishing a PFD limit of -132
    dB/(W/m^2^) under clear sky conditions, but permitting satellite
    operators to increase power by 12 dB (to a level of -120
    dB/(W/m^2^)) under fade conditions is operationally identical to a
    "top-down" rule establishing a PFD limit of -120 dB/(W/m^2^) under
    fade conditions, but requiring licensees to decrease their power by
    12 dB (to a level of -132 dB/(W/m^2^)) under clear sky conditions.
    Under both scenarios, operators face a PFD limit of -132 dB/(W/m^2^)
    under clear sky conditions and of -120 dB/(W/m^2^) under fade
    conditions.

[^75]: The PFD limits adopted are different for GSO FSS and NGSO FSS
    systems. These PFD limits are provisional in that the conditions
    under which NGSO satellites may share with GSO satellites are under
    study and therefore have not been defined. Resolution of the
    NGSO/GSO satellite sharing rules could result in additional changes
    to Section 25.208.

[^76]: *V-band Further Notice*, 16 FCC Rcd at 12261, ¶ 46.

[^77]: *V-band Further Notice,* 16 FCC Rcd at 12271*,* ¶ 47.

[^78]: TRW Comments at 26.

[^79]: TRW Comments at 26, Winstar Reply at 4, FWCC Reply at 4, DCT
    Transmission at 3, DMC Stratex Networks Comments at 2.

[^80]: Hughes Comments at 12.

[^81]: Intelsat Comments at 9.

[^82]: *See* Appendix B, Proposed Part 25.202 (a)(1)(14) of the *V-Band
    Further Notice* ("Use of this band by the fixed-satellite service is
    limited to "gateway" earth station operations, provided the licensee
    under this Part obtains a license under Part 101 of this Chapter or
    an agreement from a Part 101 licensee for the area in which an earth
    station is to be located. Satellite earth station facilities in this
    band may not be ubiquitously deployed and may not be used to serve
    individual consumers.")

[^83]: *See* TRW Comments at 26, Hughes Reply at 18.

[^84]: *See* WCA Reply at 4, DCT Transmission Reply at 3, Harris
    Corporation Reply at 3.

[^85]: WCA Reply, Appendix A, at 1.

[^86]: WCA Comments at 7.

[^87]: *See* *V-band Further Notice*, 16 FCC Rcd at 12261, ¶47.

[^88]: *See* *V-band Further Notice*, 16 FCC Rcd at 12252, ¶ 19.

[^89]: 47 C.F.R. § 2.106 (2002). Moreover, the 37.0-38.6 GHz band is
    allocated to Government fixed and mobile services and the 37.0-38.0
    GHz band is allocated to Government Space Research Service (SRS).

[^90]: *See* TRW Comments at 6-7; SIA Comments at 2; Boeing Comments at
    15; Hughes Comments at 8; Spectrum Astro Comments at 2; Intelsat
    Comments at 3; Winstar Reply at 6.

[^91]: Boeing Comments at ii, 15. Boeing also notes that the
    Commission's proposal is consistent with its contention that all
    wireless service designations should be withdrawn from the sub-bands
    below 38.6 GHz. *See* Boeing Comments at 15.

[^92]: Intelsat Comments at 3.

[^93]: *See* Spectrum Astro Comments at 2; TRW Comments at 7. TRW notes
    that the Commission has recognized that even though this band is
    designated for wireless operations, certain deployments of FSS earth
    stations are capable of sharing this band with fixed wireless
    system, including Winstar's proposed High-density Fixed Services
    (HDFS) system, which is "extremely sensitive to interference." *Id*.
    (citing *V-band Further Notice* 16 FCC Rcd at 12253, ¶ 21).

[^94]: *See* Hughes Reply at iii. Hughes argues that these deployments
    will be successful so long as there are no "limitations or
    restrictions on the deployment of earth terminals \[that\] could
    render it unusable." Hughes Reply at 9.

[^95]: Winstar Reply at 6; FWCC Reply at 4; Bala Equity IV Reply at 4;
    AT&T Reply at 2, 4.

[^96]: NTIA March 2, 2001 *Ex Parte* Letter.

[^97]: *See* International Telecommunication Union, Radio Regulations,
    Article 5; *see also* Intelsat Comments at 3.

[^98]: *See* *V-band Further Notice*, 16 FCC Rcd at 12253, ¶ 21.

[^99]: See Letter from William T. Hatch, Office of Spectrum Management,
    NTIA, to Bruce Franca, Office of Engineering and Technology, FCC
    (Aug. 31, 2001) (NTIA Aug. 31, 2001 *Ex Parte* Letter) at 1.

[^100]: NTIA Aug. 31, 2001 *Ex Parte* Letter at 2. NTIA argues that to
    support current and future NASA missions these earth stations would
    require protection against harmful interference in the 37.5-38.0 GHz
    band. Specifically they would require a power spectral density level
    of -217 dB(W/Hz), not to be exceeded for more than 0.1% of time.
    NTIA later rescinded the request for protection to the Orbital VLBI
    site at Green Bank, WV in the 37.0-38.0 GHz band. *Id.*

[^101]: *See* *V-band Further Notice*, 16 FCC Rcd at 12253, ¶ 21.

[^102]: *See* *V-band Further Notice*, 16 FCC Rcd at 12253, ¶ 21.

[^103]: *See* SIA Comments at 2; Boeing Comments at 15.

[^104]: SIA Comments at 2; Boeing Comments at 15-16.

[^105]: Boeing Comments at 15.

[^106]: NTIA Aug. 31, 2001 *Ex Parte* Letter.

[^107]: *See* ITU-R S.A. 1396, "*Protection Criteria for the Space
    Research Service in the 37-38 and 40-40.5 GHz Bands"* (adopted April
    1999).

[^108]: *See* ITU-R S. A. 1396.

[^109]: We note that coordination requirements for the Goldstone, CA SRS
    facility, for example, could make it difficult for FSS satellites to
    provide coverage to the Los Angeles area in the 37.5-38.0 GHz band;
    however, we also note that these services could be supplied to Los
    Angeles in the remainder of the 37.5-40.0 GHz band.

[^110]: Specifically, the Space Systems Subcommittee (SSS) of IRAC is
    responsible for the international registration and coordination of
    Government satellite systems and normally processes all
    international actions through the Commission. For more information
    on the IRAC, *see generally* NTIA Office of Spectrum Management,
    *Inter-department Radio Advisory Committee*, *available at*
    \<[http://www.ntia.doc.gov/osmhome/irac.html](http://www.ntia.doc.gov/osmhome/irac.htmlv)\>
    (last visited, Mar. 19, 2003).

[^111]: As NGSO system spot beams result in a confined geographic
    footprint it should not be prohibitively difficult to implement an
    FSS NGSO system in a manner that protects an area around the
    Goldstone Facility.

[^112]: See Letter from William T. Hatch, Office of Spectrum Management,
    NTIA, to Bruce Franca, Office of Engineering and Technology, FCC
    (Aug. 31, 2001) (NTIA Aug. 31, 2001 *Ex Parte* Letter) at 1-2.

[^113]: 47 C.F.R. § 2.106 (2002).

[^114]: *See 37 GHz Proceeding*.

[^115]: 47 C.F.R. § 2.106 n.US311 (2002).

[^116]: *V-band Further Notice,* 16 FCC Rcd at 12253-54, ¶ 22.

[^117]: *See 36-51 GHz Order,* 13 FCC Rcd 24649.

[^118]: We note that there exists a co-primary Government Earth
    Exploration Satellite Service (EESS)(Earth-to-space), Space Research
    Service (SRS) (Earth-to-space), and secondary EESS allocation in the
    40.0-40.5 GHz band. *See* 47 C.F.R. § 2.106 (2002).

[^119]: *See* Winstar Comments at 4.

[^120]: *See* Appendix B, § 2.106, US382.

[^121]: *See* Letter from Richard D. Parlow, Office of Spectrum
    Management, NTIA, to Richard Smith, Office of Engineering and
    Technology, FCC (April 30, 1997), *available at*
    \<[http://haifoss.fcc.gov/prod/ecfs/
    retrieve.cgi?native_or_pdf=pdf&id_document=1831190001](http://haifoss.fcc.gov/prod/ecfs/ retrieve.cgi?native_or_pdf=pdf&id_document=1831190001)\>
    (last visited, Feb. 23, 2003).

[^122]: *See* Letter from Richard D. Parlow, Office of Spectrum
    Management, NTIA, to Richard Smith, Office of Engineering and
    Technology, FCC (April 30, 1997), *available at*
    \<[http://haifoss.fcc.gov/prod/ecfs/
    retrieve.cgi?native_or_pdf=pdf&id_document=1831190001](http://haifoss.fcc.gov/prod/ecfs/ retrieve.cgi?native_or_pdf=pdf&id_document=1831190001)\>
    (last visited, Feb. 23, 2003).

[^123]: *See* NATO Frequency Management Branch, *Response to the
    Commission of the European Communities\['\] Green Paper on Radio
    Spectrum Policy*, *available at*
    <http://europa.eu.int/ISPO/spectrumgp/sgpcom/nato.pdf> (last
    visited, Feb. 24, 2003) (Unclassified NATO Frequency Management
    Branch Response).

[^124]: NTIA April 30, 1997 *Ex Parte* Letter at 4.

[^125]: NTIA April 30, 1997 *Ex Parte* Letter at 4.

[^126]: *See* NATO Frequency Management Branch, *Response to the
    Commission of the European Communities\['\] Green Paper on Radio
    Spectrum Policy*, *available at*
    <http://europa.eu.int/ISPO/spectrumgp/sgpcom/nato.pdf> (last
    visited, Feb. 24, 2003) (Unclassified NATO Frequency Management
    Branch Response).

[^127]: Specifically, NTIA committed to observe the provisional PFD
    limits on MSS that WRC-2000 adopted and prohibit Government MSS
    earth stations from claiming protection from non-Government stations
    operating in the fixed and mobile services. *See* Letter from
    William T. Hatch, Office of Spectrum Management, NTIA, to Bruce
    Franca, Office of Engineering and Technology, FCC (March 2, 2001).
    In the *V-band Further Notice*, the Commission proposed to embody
    NTIA's conditional commitments in a footnote, USYYY, in the
    Government column of the Table of Frequency Allocations and, on this
    basis, tentatively concluded that it should retain the Government
    MSS allocation in the 39.5-40.0 GHz band. *V-band Further Notice,*
    16 FCC Rcd at 12254, ¶ 23.

[^128]: *See* Letter from William T. Hatch, Office of Spectrum
    Management, NTIA, to Bruce Franca, Office of Engineering and
    Technology, FCC (March 2, 2001).

[^129]: *V-band Further Notice,* 16 FCC Rcd at 12254-55, ¶ 25 & n.51
    (citing *WRC-2000 Final Acts,* Art. S5 (adopting a secondary MSS
    allocation in the 40.5-41.0 GHz band in Region 2).

[^130]: *See, e.g.,* TRW Reply at 6-7; SIA Letter at 3; Intelsat
    Comments at 4; Boeing Comments at 16. While Hughes also opposes a
    Government MSS allocation in the 40.5-41.0 GHz band, Hughes Comments
    at 7, Hughes supports *designating* spectrum at 40.5-41.0 GHz for
    non-Government MSS to promote flexible satellite deployments. Hughes
    Comments at 9. For a discussion of designation changes in this band,
    *see* *supra* section IV.A.

[^131]: *See, e.g.,* SIA Comments at 3 (asserting that the proposal
    would "unreasonably disadvantage satellite providers and
    unreasonably advantage terrestrial wireless users"); Intelsat Reply
    Comments at 3 ("this \[40.0-42.0 GHz\] spectrum block should not be
    hindered by the addition of new services on a primary basis, as
    contemplated by the Commission's proposal to upgrade the MSS in the
    40.5 41.0 GHz band."); *see also* Hughes Reply at 12 ("the
    Commission should not adopt a primary Government MSS allocation at
    40.5-41.0 GHz unless and until it is clear that government use of
    that spectrum will not interfere with the deployment and operation
    of commercial systems in the same band."). *But see* Winstar
    Comments at 4 ("Winstar supports the FCC proposal")*.*

[^132]: TRW Reply at 7; TRW Comments at 9-10.

[^133]: *See* discussion *infra* Section III.A.2.

[^134]: 47 C.F.R. § 2.106 (2002).

[^135]: Hughes claims that commercial MSS operations in the 40.5-41.0
    GHz band could prove compatible with FSS systems in this band if MSS
    operators were to use FSS transponders to close MSS links. Hughes
    Reply at 13 (claiming that the use of FSS transponders would allow
    "MSS systems . . . \[to\] work in a way that creates no greater
    level of interference than FSS systems").

[^136]: Hughes Reply at 12.

[^137]: Hughes Reply at 12.

[^138]: Hughes Reply at 12. In addition, Hughes does not explain in any
    detail how coordinating a co-primary commercial MSS system would be
    any less burdensome than coordinating a co-primary Government MSS
    system.

[^139]: *See, e.g.,* SIA Comments at 3 (supporting use of the 40.5-41.0
    GHz band "on a strictly secondary basis").

[^140]: TRW Comments at iii ("TRW supports the proposed secondary
    allocation of non-Government spectrum to the MSS at 40.5-41.0 GHz,
    provided that it is clear to all parties that this allocation is
    truly secondary"); SIA Comments at 3 (supporting use of the
    40.5-41.0 GHz band "on a strictly secondary basis").

[^141]: Intelsat Comments at 4.

[^142]: Section 2.104(d) of the Commission's rules provides that
    stations of a secondary service shall not cause harmful interference
    to stations of primary services and cannot claim protection from
    harmful interference from stations of primary services to which
    frequencies are already assigned or may be assigned at a later date.
    *See* 47 C.F.R. § 2.104(d)(3)(2002); *see also, e.g.,* TRW Comments
    at 8 & n.14.

[^143]: Hughes Comments at 9; Intelsat Comments at 4.

[^144]: TRW Comments at 8; Intelsat Reply at 5 ("Intelsat supports a
    secondary domestic allocation to MSS in this band, in line with the
    international table of frequency allocation in Section S5 of the ITU
    Radio Regulations.")

[^145]: As noted above, for example, some FSS operators appear to
    believe that requiring secondary MSS operations to use FSS terminals
    for MSS transmissions would adequately protect FSS operators against
    harmful interference. *See, e.g.,* Hughes Reply at 13.

[^146]: *V-band Further Notice*, 16 FCC Rcd at 12255, ¶ 26.

[^147]: *See supra* Section III.B.2.

[^148]: Intelsat Comments at 5.

[^149]: Intelsat Comments at 5.

[^150]: *See, e.g.,* Intelsat Comments at 5 ("Intelsat is concerned with
    \[the proposal to add a Government FSS allocation at 40.5-41.0
    GHz\], as it may result in FSS non-Government users competing for
    spectrum with Government applications.").

[^151]: Hughes Comments at 7.

[^152]: TRW Reply at 6.

[^153]: *See, e.g.*, Hughes Reply at 13 (asserting that adding a
    Government FSS allocation at 40.5-41.0 GHz unfairly shifts a burden
    currently shared by both terrestrial FS and FSS operators to one
    that FSS operators alone must bear); Hughes Comments at 7-8 (same).

[^154]: In Ku-band, for example, satellite operators typically require a
    minimum elevation angle of ten degrees or greater in order to
    provide reliable service to a particular location, although service
    in Alaska has often been offered at elevation angles as low as five
    degrees. *See Policies and Rules for Direct Broadcast Satellite
    Service,* 17 FCC Rcd 11331, 11358, ¶ 55 (2002) (citations omitted).
    Satellite operators could establish communications links with
    satellites at angles of less than five degrees, but the Commission
    generally prohibits earth stations from operating at these very low
    elevation angles due to the likelihood of interference to
    terrestrially based communications networks. *See* 47 C.F.R. §
    25.205 (2002).

[^155]: Many other factors, such as terrain obstacles, foliage density
    or atmospheric attenuation, can influence the provision of service
    to a given area.

[^156]: This estimate of the number of visible orbital locations is
    based upon an assumed elevation angle of 30º and assumes compliance
    with Commission's two-degree orbital spacing policy for FSS. For
    information on the Commission's two-degree spacing policy, *see
    Licensing of Space Stations in the Domestic Fixed-Satellite Service
    and Related Revisions of Part 25 of the Rules and Regulations,*
    Report and Order, CC Docket No. 81-704, 54 RR 2d 577, 598, ¶ 70
    (1983) (*Two-Degree Spacing Order*); *see also, e.g., Columbia
    Communications Corporation*, 14 FCC Rcd 3318 (Int\'l Bur. 1999);
    *Assignment of Orbital Locations to Space Stations in the Domestic
    Fixed-Satellite Service,* 5 FCC Rcd 179, FCC 89-364 (1990).
    Subsequent to the time pleadings were filed in this proceeding, the
    Commission adopted the *Space Station Reform First Report and Order*
    to establish faster satellite licensing procedures. In addition, the
    Commission explained how the new procedures would be applied to the
    pending V-band applications, and announced that those applications
    would be placed on public notice shortly after this Order is
    released. *Amendment of the Commission's Space Station Licensing
    Rules and Policies*, IB Docket No. 02-34, First Report and Order and
    Further Notice of Proposed Rulemaking, FCC 03-102, 18 FCC Rcd 10760
    (2003) (*Space Station First Report and Order)*.

[^157]: TRW Comments at 14.

[^158]: TRW Comments at 14.

[^159]: Footnote US334 provides as follows: In the band 17.8-20.2 GHz,
    Government space stations in both geostationary (GSO) and
    non-geostationary satellite orbits (NGSO) and associated earth
    stations in the fixed-satellite service (space-to-Earth) may be
    authorized on a primary basis. For a Government geostationary
    satellite network to operate on a primary basis, the space station
    shall be located outside the arc, measured from east to west, 70
    West Longitude to 120 West Longitude. Coordination between
    Government fixed-satellite systems and non-Government space and
    terrestrial systems operating in accordance with the United States
    Table of Frequency Allocations is required. 47 C.F.R. § 2.106,
    n.US334 (2002).

[^160]: Boeing Comments at 16 ("Boeing does not object to a Government
    FSS allocation in principle; however, any Government FSS allocation
    in this band should be on a secondary basis, rather than co-primary
    with non-Government FSS."); TRW Reply at 6 ("TRW . . . believes
    that, with the imposition of sensible limits on government FSS
    operations, a place can be found in the band for government FSS
    systems to meet their objectives in a way that does not jeopardize
    the commercial viability and business objectives of non-government
    FSS systems"); *see also* Hughes Reply at 13 (asserting that the
    Commission should not adopt a primary Government MSS allocation at
    40.5-41.0 GHz unless and until it is clear that government use of
    that spectrum will not interfere with the deployment and operation
    of commercial systems in the same spectrum); Hughes Comments at 7-8
    (same).

[^161]: *See, e.g., Public Notice of Dismissal*, Report No. SAT-00125,
    Lockheed Martin Corporation (d/b/a Marine Systems), File Nos.
    SAT-LOA-19970925-0100 through-0108 (rel., Oct. 30, 2002), *available
    at* \< [http://
    www.fcc.gov/Daily_Releases/Daily_Business/2002/db1030/DOC-227913A1.pdf]()\>
    (last visited, Mar. 28, 2003), *citing* Letter from Gerald C.
    Musarra, Vice President Trade and Regulatory Affairs, Lockheed
    Martin, to Marlene Dortch, Secretary, FCC (Sept. 13, 2002).

[^162]: *Space Station Reform First Report and Order* at 10865, ¶ 279.

[^163]: *Space Station Reform First Report and Order* at 10865, ¶ 279.
    Previously, the "processing round" system would combine satellite
    applications into groups and then processes mutually exclusive
    satellite applications together*. See Amendment of the Commission\'s
    Space Station Licensing Rules and Policies,* Notice of Proposed
    Rulemaking and First Report and Order, 17 FCC Rcd 3847, 3850, ¶ 5-6
    (2002) (*Space Station Licensing Reform Notice*), *available at*
    \<<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-45A1.doc>\>
    (last visited Mar. 18, 2003). The Commission has noted that "the
    processing round licensing procedures involve multiple, often quite
    intricate and time-consuming steps." *Id.* at 3850, ¶ 5.

[^164]: *Space Station Reform First Report and Order* at 10865, ¶ 279.

[^165]: Coordination between Government and commercial operations will
    ensure equitable access to the shared FSS allocations.

[^166]: Specifically, the Space Systems Subcommittee (SSS) of IRAC is
    responsible for the international registration and coordination of
    Government satellite systems and normally processes all
    international actions through the Commission. For more information
    on the IRAC, *see generally* NTIA Office of Spectrum Management,
    *Inter-department Radio Advisory Committee*, *available at*
    \<[http://www.ntia.doc.gov/osmhome/irac.html](http://www.ntia.doc.gov/osmhome/irac.htmlv)\>
    (last visited, Mar. 19, 2003).

[^167]: *See WRC-2000 Final Acts*, Art. S.21.

[^168]: *V-band Further Notice,* 16 FCC Rcd at 12255, ¶ 27.

[^169]: *See, e.g.,* Hughes Reply at 6 & n.23; Winstar Comments at 5;
    TRW Comments at 7; Boeing Comments at 17; Hughes Comments at 5-6, 8;
    Intelsat Comments at 2, 6; SIA Comments at 2.

[^170]: TRW Comments at 7.

[^171]: Boeing Comments at 17.

[^172]: A primary allocation for the fixed and mobile services still
    remains in the 41.0-42.0 GHz band. What, if any, use by these other
    services will be addressed in a future rulemaking.

[^173]: *See* Boeing Comments at 16 ("Requiring commercial FSS systems
    to shoulder the burden of sharing with Government FSS would upset
    this careful balance."); TRW Reply at 5.

[^174]: NTIA Mar. 2, 2001 *Ex Parte* Letter.

[^175]: *V-band Further Notice*, 16 FCC Rcd at 12255, ¶ 28.

[^176]: *V-band Further Notice*, 16 FCC Rcd at 12255-56, ¶¶ 28-29.

[^177]: *V-band Further Notice*, 16 FCC Rcd at 12256, ¶ 30.

[^178]: *V-band Further Notice*, 16 FCC Rcd at 12256, ¶ 30.

[^179]: Boeing Comments at 5-6; Spectrum Astro Comments at 7; Hughes
    Comments at iii, 5; SIA Comments at 2.

[^180]: SkyTower Reply at 3. SkyTower states that HAPS proponents now
    view "HAPS as multi-purpose platforms that can be used by operators
    in existing services." *Id.* According to SkyTower, "there are now
    several companies, including SkyTower, pursuing alternative
    strategies for deploying HAPS." *Id.* at 3-4.

[^181]: As an alternative, the Commission proposed reallocating the
    42.5-43.5 GHz band for exclusive non-Government use, except for RA,
    and reallocating the 47.2-48.2 GHz band for exclusive Government
    use. *V-band Further Notice*, 16 FCC Rcd at 12256, ¶ 30. No one
    supported this proposal because it would have virtually all of the
    drawbacks that NTIA finds in the principal proposal with far fewer
    benefits to commercial operators. *See* TRW Comments at 13; Hughes
    Comments at 9.

[^182]: *V-band Further Notice,* 16 FCC Rcd at 12255-56, ¶ 29.

[^183]: Intelsat Comments at 6; TRW Comments at 13; SIA Comments at 2.

[^184]: NTIA Aug. 31, 2001 *Ex Parte* Letter at 2. For example, NTIA
    notes that the National Science Foundation conducts extensive radio
    astronomy observations in the band.

[^185]: NTIA Aug. 31, 2001 *Ex Parte* Letter at 2.

[^186]: Hughes Comments at 9.

[^187]: Hughes Comments at 9.

[^188]: CORF Comments at 6.

[^189]: CORF Comments at 6-7.

[^190]: 47 C.F.R. § 2.106 (2002).

[^191]: TRW Reply at 11.

[^192]: Hughes Reply at 1.

[^193]: *See* *infra* III.B.6.

[^194]: *See* *V-band Further Notice,* 16 FCC Rcd at 12256-7, ¶ 32.

[^195]: *See* *V-band Further Notice,* 16 FCC Rcd at 12257, ¶ 32.

[^196]: *See* *V-band Further Notice,* 16 FCC Rcd at 12257, ¶ 32.

[^197]: *See* *V-band Further Notice,* 16 FCC Rcd at 12256, ¶ 32.

[^198]: *See* *V-band Further Notice,* 16 FCC Rcd at 12257, ¶¶ 32-33.

[^199]: *See* *V-band Further Notice,* 16 FCC Rcd at 12257, ¶ 34.

[^200]: CORF Comments at 4-5; NTIA Comments at 2.

[^201]: Astrolink Comments at 6-7.

[^202]: Hughes Reply at 11; Hughes Comments at 8-9 ("If WRC-03 and the
    Commission sufficiently relax the out-of-band emission pfd limit
    applicable to the 42.5-43.5 GHz band to allow satellite use of the
    42.0-42.5 GHz band, and if the Commission determines that the band
    is a better alternative for additional downlink spectrum, then the
    Commission should also add an FSS allocation at 42.0-42.5 GHz and
    should designate that band for FSS and BSS use."); TRW Comments at
    15 ("The proposal not to allocate spectrum for FSS at 42.0-42.5 GHz
    is in clear conflict with U.S. positions at WRC-97 and WRC-2000
    advocating just the opposite."); Boeing Reply at 7; *but see* CORF
    Reply at 2 (expressing concern about the potential for harmful
    interference from BSS and FSS operations in the 42.0-42.5 GHz
    band.).

[^203]: *See* *V-band Further Notice,* 16 FCC Rcd at 12257, ¶ 34.

[^204]: Section 4.5 of the Conference Preparatory Meeting (CPM) report
    to WRC-2003 describes recent analysis of the required power flux
    density limits to protect RA in the 42.5-43.5 GHz band from adjacent
    band satellite services. The proposed PFD limits to protect radio
    astronomy vary between -116 dB (W/(m^2^ \* GHz)) to -153 dB (W/(m^2^
    \* GHz)) depending on the type of RA application analyzed. The CPM
    report discusses four possible models to revise footnote S.551G
    indicating that a one-size fits all approach may not be necessary
    for RA protection. Footnote S5.551G and the proposed footnote USXXX
    are a one-size fits all approach to RA protection. Current ITU
    studies question the need for a stringent -167 dB (W/m^2^)
    protection level in any 1 MHz band. The four new models incorporate
    the observation type in defining PFD limits for GSO and non-GSO
    satellite networks in the 41.5-42.5 GHz band. Each of these models
    has advantages and disadvantages, and further study within the ITU-R
    will likely yield adoption of a single method by WRC-2003.

[^205]: Astrolink Reply at 3 (arguing that "\[d\]ecisions regarding
    protection of radio astronomy should be deferred until after the
    ITU-R completes its analysis on the issue."); TRW Comments at 15-18
    (urging the Commission to await the completion of a pending ITU-R
    study into the "possible steps RA can take to reduce susceptibility
    to interference into its sites."); Intelsat Comments at 7 (asking
    the Commission to "defer a decision on the domestic allocation or
    designation of the band 42.0-42.5 GHz until completion of the work
    by the ITU-R.") Panamsat at 4 (opposing the adoption of a modified
    version of footnote S5.551G as it "ignores the pending ITU-R study .
    . . . into the possible steps radio astronomy can take to reduce
    susceptibility to interference into its sites.").

[^206]: Astrolink Reply at 9.

[^207]: *See* 5 U.S.C. § 603. The RFA, *see* 5 U.S.C. § 601-612*.*, has
    been amended by the Small Business Regulatory Enforcement Fairness
    Act of 1996 (SBREFA). Pub. L. No. 104-121, Title II, 110 Stat. 847
    (1996).

[^208]: V*-band Further Notice*, 16 FCC Rcd at 12266-12270.

[^209]: *See* 5 U.S.C. § 604.

[^210]: A service that is primary is the only service given priority
    status to operate in a frequency band. A service that is co-primary
    must share operations with other services specified as co-primary in
    the frequency band on a co-equal basis. A service that is secondary
    is allowed to use the band as long as its operations do not cause
    interference to any primary operations, and it must accept any
    interference caused by a primary service. If a secondary service
    operation causes interference to a primary service, the secondary
    service provider must eliminate the interference or cease
    operations. *See generally* 47 C.F.R. § 2.105 (2002).

[^211]: 5 U.S.C. § 603(b)(3).

[^212]: 5 U.S.C. § 601(6).

[^213]: 5 U.S.C. § 601(3) (incorporating by reference the definition of
    "small business concern" in 15 U.S.C. § 632). Pursuant to the RFA,
    the statutory definition of a small business applies "unless an
    agency, after consultation with the Office of Advocacy of the Small
    Business Administration and after opportunity for public comment,
    establishes one or more definitions of such term which are
    appropriate to the activities of the agency and publishes such
    definition(s) in the Federal Register." 5 U.S.C. § 601(3).

[^214]: Small Business Act, 15 U.S.C. § 632 (1996).

[^215]: *See* 13 C.F.R. § 121.201 (2002), North American Industry
    Classification System (NAICS) 517410.

[^216]: In 1997---the most recent year in which census data is
    available---the NAICS code for "Satellite Telecommunications" was
    513340.

[^217]: U.S. Bureau of Census, U.S. Department of Commerce, 1997
    Economic Census, EC97S51S-SZ, Subject Series, Establishment and Firm
    Size, Table 2, Employment Size of Establishments of Firms Subject to
    Federal Income Tax: 1997, NAICS Code 51740 (issued October 2000).

[^218]: *See* 13 C.F.R. § 121.201 (2002), NAICS Code 513322 (changed to
    517410 in October 2002).

[^219]: U.S. Bureau of the Census, U.S. Department of Commerce, 1997
    Economic Census, EC97551S-SZ, Subject Series, Establishment and Firm
    Size, Table 5, Employment Size of Firms: 1997, NAICS Code 513322
    (issued October 2000).

[^220]: *See* 47 C.F.R. §§ 101 *et seq*. (2002) (formerly part 21 of the
    Commission's Rules) for common carrier fixed microwave services
    (except Multipoint Distribution Service).

[^221]: Persons eligible under parts 80 and 90 of the Commission's rules
    can use Private Operational-Fixed Microwave services. *See* 47
    C.F.R. parts 80 and 90 (2002). Stations in this service are called
    operational-fixed to distinguish them from common carrier and public
    fixed stations. Only the licensee may use the operational-fixed
    station, and only for communications related to the licensee's
    commercial, industrial, or safety operations.

[^222]: Auxiliary Microwave Service is governed by part 74 of Title 47
    of the Commission's rules. See 47 C.F.R. part 74 *et seq*. (2002)
    This service is available to licensees of broadcast stations and to
    broadcast and cable network entities. Broadcast auxiliary microwave
    stations are used for relaying broadcast television signals from the
    studio to the transmitter, or between two points such as a main
    studio and an auxiliary studio. The service also includes mobile
    television pickups, which relay signals from a remote location back
    to the studio.

[^223]: 13 C.F.R. § 121.201 (2002), NAICS code 513322 (changed to 517212
    in October 2002).

[^224]: *See* Amendment of the Commission's Rules Regarding the
    37.0-38.6 GHz and 38.6-40.0 GHz Bands, ET Docket No. 95-183, *Report
    and Order*, 63 FR 6079 (February 6, 1998).

[^225]: *Id*.

[^226]: *See* Letter to Kathleen O'Brien Ham, Chief, Auctions and
    Industry Analysis Division, Wireless Telecommunications Bureau,
    Federal Communications Commission, from Aida Alvarez, administrator,
    Small Business Administration (February 4, 1998).

[^227]: *See* Local Multipoint Distribution Service, *Second Report and
    Order*, 12 FCC Rcd 12545 (1997).

[^228]: *Id*.

[^229]: *See* Letter to Dan Phythyon, Chief, Wireless Telecommunications
    Bureau, Federal Communications Commission, from A. Alvarez,
    Administrator, Small Business Administration (January 6, 1998).

[^230]: *See* 5 U.S.C. § 603.