7660 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 

OCPI Program Country-Product Service 

Enhancements 

The Postal Service will be identifying 

opportunities and selecting designated 

country destinations and products for 

the OCPI program. Destination product 

and country pairings for OCPI will be 

the exclusive delivery options, however 

existing service will continue for 

destinations for which OCPI solutions 

are not offered. The products offered 

through the OCPI program will be 

international shipping services, limited 

to Priority Mail Express International®

(PMEI®), Priority Mail International 

(PMI), and First-Class Package 

International Service® (FCPIS®). This 

allows for a more seamless transition for 

existing customers and mailers and 

avoids the confusion and capital that 

would be required to create and launch 

new dedicated OCPI product offerings. 

Products such as FCMI letters and Flats, 

Military Mail, IPA, and ISAL are not 

within the scope of the OCPI program. 

After publishing this document, the 

Postal Service will provide a more 

detailed description of the applicable 

OCPI changes to the existing products 

and procedures for USPS customers. 

The country-product designated for the 

OCPI program may change depending 

on future opportunities identified and 

potential foreign postal operator-related 

service disruptions. 

Mail Preparation 

For customers that tender shipments 

to the Postal Service in bulk and or 

consolidations, all shipments sent to 

OCPI destinations must be presented 

separately and in individually prepared 

receptacles by product class and 

destination country. Specific products 

that are destined for OCPI destination 

countries may not be tendered in any 

mixed country receptacles. 

OCPI Commercial Invoices 

The OCPI program will require 

mailers to produce commercial invoices 

and customs forms to comply with 

commercial customs clearance 

requirements and differentiate OCPI 

documentation from existing postal 

forms. The OCPI program will also 

require additional recipient information 

to be provided by the sender (including 

recipient’s phone number and email 

address) to comply with commercial 

clearance processes. The OCPI forms 

will be made available to mailers via 

online applications and electronically at 

USPS retail service counters. 

OCPI Receptacle Tags and Customs 

Forms 

The OCPI program has developed 

specific receptacle tags and customs 

forms which will allow operations 

personnel to identify and segregate 

OCPI products throughout the entire 

supply chain. In addition to 

International Mail Manual (IMM) 

updates, the Postal Service will provide 

industry notifications to inform all 

parties of OCPI program changes and 

provide examples of the new OCPI 

receptacle tags and customs forms to 

help integrate changes into the existing 

operational processes. 

OCPI Program Features and Service 

Notifications 

The Postal Service will provide a 

minimum of advanced 30-day 

notification regarding upcoming OCPI 

services or feature changes via Postal 

Bulletins articles and PostalPro. 

Additionally, the Postal Service will 

provide updated mailer requirements to 

assist business mailers and provide 

support throughout the transition 

process to ensure a smooth transition. 

Joshua J. Hofer, 

Attorney, Federal Compliance. 

[FR Doc. 2020–28968 Filed 1–29–21; 8:45 am] 

BILLING CODE P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 2 and 25 

[IB Docket No. 20–330; FCC 20–158; FR ID 

17347] 

Commission Rules To Enable GSO 

Fixed-Satellite Service (Space-to-Earth) 

Operations in the 17.3–17.8 GHz Band, 

To Modernize Certain Rules Applicable 

to 17/24 GHz BSS Space Stations, and 

To Establish Off-Axis Uplink Power 

Limits for Extended Ka-Band FSS 

Operations 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the Federal 

Communications Commission (FCC) 

proposes to permit geostationary 

satellite orbit (GSO) space station in the 

fixed-satellite service (FSS) to operate 

downlinks (space-to-Earth) in the 17.3– 

17.8 GHz frequency band, subject to 

certain limitations, and also proposes 

related technical updates to its rules 

governing the FSS and the BroadcastingSatellite Service to prevent harmful 

interference. 

DATES: Comments are due March 3, 

2021. Reply comments are due March 

18, 2021. 

ADDRESSES: You may submit comments, 

identified by IB Docket No. 20–330, by 

any of the following methods: 

D Federal Communications 

Commission’s Website: http://

apps.fcc.gov/ecfs/. Follow the 

instructions for submitting comments. 

D People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by email: FCC504@fcc.gov 

or phone: 202–418–0530 or TTY: 202– 

418–0432. 

For detailed instructions for 

submitting comments and additional 

information on the rulemaking process, 

see the SUPPLEMENTARY INFORMATION

section of this document. To request 

materials in accessible formats for 

people with disabilities, send an email 

to FCC504@fcc.gov or call the Consumer 

& Governmental Affairs Bureau at 202– 

418–0530 (voice), 202–418–0432 (TTY). 

FOR FURTHER INFORMATION CONTACT: 

Sean O’More, International Bureau, 

Satellite Division, 202–418–2453, 

sean.omore@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 

Proposed Rulemaking, FCC 20–158, 

adopted November 18, 2020, and 

released November 19, 2020. The full 

text of the Notice of Proposed 

Rulemaking is available at https://

www.fcc.gov/edocs/search-results?t=

quick&fccdaNo=20-158. 

Comment Filing Requirements 

Interested parties may file comments 

and reply comments on or before the 

dates indicated in the DATES section 

above. Comments may be filed using the 

Commission’s Electronic Comment 

Filing System (ECFS). 

• Electronic Filers. Comments may be 

filed electronically using the internet by 

accessing the ECFS, http://apps.fcc.gov/ 

ecfs. 

• Paper Filers. Parties who choose to 

file by paper must file an original and 

one copy of each filing. 

Filings can be sent by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9050 

Junction Drive, Annapolis Junction, MD 

20701. U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 45 L Street NE, 

Washington, DC 20554. 

• Effective March 19, 2020, and until 

further notice, the Commission no 

Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 7661 

1See 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), Public Law 104–121, Title II, 110 Stat. 

847 (1996). The SBREFA was enacted as Title II of 

the Contract with America Advancement Act of 

1996 (CWAAA). 

2The term ‘‘Ka-band’’ generally refers to the 

space-to-Earth (downlink) frequencies at 17.70– 

20.20 GHz and the corresponding Earth-to-space 

(uplink) frequencies at 27.50–30.00 GHz. See 

Establishment of Policies and Service rules for the 

Non-Geostationary Satellite Orbit, Fixed Satellite 

Service in the Ka-Band, IB Docket No. 02–19, Notice 

of Proposed Rulemaking, 17 FCC Rcd 2807, n.1 

(2002). See also IEEE Standard 521–2019 https://

www.microwaves101.com/encyclopedias/ 

frequency-letter-bands. 

3By initiating this rulemaking proceeding, we 

also grant, to the extent discussed herein, the 

petition for rulemaking filed by SES Americom, Inc. 

(SES) requesting that the Commission initiates a 

proceeding to authorize GSO FSS operations in the 

space-to-Earth direction using the 17.3–17.7 GHz 

frequencies. See Petition for Rulemaking of SES 

Americom, Inc., RM–11839, at 1 (filed Mar. 5, 

2019), https://ecfsapi.fcc.gov/file/ 

103051358025155/Petition%20for%20

Rulemaking%20for%2017%20GHz%20

FSS%20(Mar%205%202019).pdf (SES Petition). 

4Footnote 5.516 further limits use of the band by 

the FSS to feeder links for the BSS and in ITU 

Region 2 to geostationary satellite orbit (GSO) 

Continued 

longer accepts any hand or messenger 

delivered filings. This is a temporary 

measure taken to help protect the health 

and safety of individuals, and to 

mitigate the transmission of COVID–19. 

See FCC Announces Closure of FCC 

Headquarters Open Window and 

Change in Hand-Delivery Policy, Public 

Notice, DA 20–304 (March 19, 2020). 

https://www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy. 

• Persons with Disabilities. To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, electronic files, audio format), 

send an email to fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice) or 202– 

418–0432 (TTY). 

Ex Parte Presentations 

The Commission will treat this 

proceeding as a ‘‘permit-but-disclose’’ 

proceeding in accordance with the 

Commission’s ex parte rules. Persons 

making ex parte presentations must file 

a copy of any written presentation or a 

memorandum summarizing any oral 

presentation within two business days 

after the presentation (unless a different 

deadline applicable to the Sunshine 

period applies). Persons making oral ex 

parte presentations are reminded that 

memoranda summarizing the 

presentation must (1) list all persons 

attending or otherwise participating in 

the meeting at which the ex parte 

presentation was made, and (2) 

summarize all data presented and 

arguments made during the 

presentation. If the presentation 

consisted in whole or in part of the 

presentation of data or arguments 

already reflected in the presenter’s 

written comments, memoranda or other 

filings in the proceeding, the presenter 

may provide citations to such data or 

arguments in his or her prior comments, 

memoranda, or other filings (specifying 

the relevant page and/or paragraph 

numbers where such data or arguments 

can be found) in lieu of summarizing 

them in the memorandum. Documents 

shown or given to Commission staff 

during ex parte meetings are deemed to 

be written ex parte presentations and 

must be filed consistent with rule 

1.1206(b). In proceedings governed by 

rule 1.49(f) or for which the 

Commission has made available a 

method of electronic filing, written ex 

parte presentations and memoranda 

summarizing oral ex parte 

presentations, and all attachments 

thereto, must be filed through the 

electronic comment filing system 

available for that proceeding, and must 

be filed in their native format (e.g., .doc, 

.xml, .ppt, searchable .pdf). Participants 

in this proceeding should familiarize 

themselves with the Commission’s ex 

parte rules. 

Paperwork Reduction Act 

This document contains proposed 

new and modified information 

collection requirements. The 

Commission, as part of its continuing 

effort to reduce paperwork burdens, 

invites the general public and the Office 

of Management and Budget to comment 

on the information collection 

requirements contained in this 

document, as required by the Paperwork 

Reduction Act of 1995. In addition, 

pursuant to the Small Business 

Paperwork Relief Act of 2002, we 

specifically seek comment on how we 

might further reduce the information 

collection burden for small business 

concerns with fewer than 25 employees. 

Initial Regulatory Flexibility Analysis. 

As required by the Regulatory 

Flexibility Act of 1980 (RFA) 1 the 

Commission has prepared an Initial 

Regulatory Flexibility Analysis (IRFA) 

relating to this Notice of Proposed 

Rulemaking. 

Synopsis 

In this Notice of Proposed 

Rulemaking, the Commission considers 

permitting use of the 17.3–17.7 GHz 

band by GSO space stations operating in 

the FSS, which would increase 

intensive and efficient use of the band 

and provide additional downlink 

capacity for high-throughput satellite 

communications. 

Notice of Proposed Rulemaking 

In this Notice of Proposed 

Rulemaking (Notice), we propose to 

permit use of the 17.3–17.7 GHz band 

by geostationary satellite orbit (GSO) 

space stations in the fixed-satellite 

service (FSS) in the space-to-Earth 

direction on a co-primary basis with 

incumbent services. We also propose to 

permit limited GSO FSS (space-to-Earth) 

use of the 17.7–17.8 GHz band on a nonprotected basis with respect to fixed 

service operations. Permitting use of the 

17.3–17.8 GHz band to include FSS 

downlinks would increase intensive and 

efficient use of the band and provide 

additional downlink capacity for highthroughput satellite communications. 

With appropriate technical safeguards 

proposed herein, permitting the use of 

this band for GSO FSS downlink 

services would facilitate deployment of 

advanced satellite systems for the 

benefit of American consumers. 

We propose to define an extended Kaband in our rules, i.e., the 17.3–18.3 

GHz (space-to-Earth), 18.8–19.4 GHz 

(space-to-Earth), 19.6–19.7 GHz (spaceto-Earth), 27.5–28.35 GHz (Earth-tospace) and 28.6–29.1 GHz (Earth-tospace) bands. We further propose to 

apply certain uplink power limits 

currently applicable to GSO FSS 

transmissions in the conventional Kaband to GSO FSS uplink transmissions 

in the extended Ka-band. If adopted, 

these power limits will allow us to 

streamline licensing of FSS earth 

stations and will result in a closely 

harmonized regulatory framework for all 

similar FSS uplink transmissions in the 

conventional and extended Ka-bands.2

The proposals herein, if adopted with 

appropriate safeguards, would result in 

efficient and effective use of the 

spectrum, alleviate the growing need for 

additional Ka-band GSO FSS downlink 

spectrum to support communications to 

gateway earth stations, and further 

streamline the licensing process of 

certain satellite systems.3

Current Allocations and Use of the 

17.3–17.8 GHz Band 

The Table of Frequency Allocations is 

comprised of the International Table 

and the United States Table of 

Frequency Allocations (U.S. Table). In 

the International Table, the 17.3–17.7 

GHz band is allocated, in the 

International Telecommunication Union 

(ITU) Region 2, to the FSS (Earth-tospace) and to the broadcasting-satellite 

service (BSS) on a co-primary basis, as 

well as to the radiolocation service on 

a secondary basis.4 In the U.S. Table, 

7662 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 

satellite networks. Footnote 5.515 specifies that 

sharing between the FSS and BSS is governed by 

Appendix 30A, Annex 4, paragraph 1 of the Radio 

Regulations. 47 CFR 2.106. We note that the ITU 

Region 2 area includes the United States. See 47 

CFR 2.104(b) and 2.105(a). 

5Provision of FSS in the band, however, is 

limited by footnote US271 to the U.S. Table to 

feeder links for BSS, and footnote NG163 limits BSS 

use of the band to geostationary satellite systems. 

47 CFR 2.106, nn. US271 and NG163. 

6Footnote 5.516 further limits Earth-to-space use 

of the band by the FSS to feeder links for the BSS 

and in Region 2 to GSO satellite networks. Footnote 

5.517 precludes FSS networks operating in the 

space-to-Earth direction from claiming protection 

from or causing harmful interference to BSS 

assignments operating in conformance with the 

Radio Regulations. Footnote 5.515 specifies that 

sharing between the FSS and BSS is governed by 

Appendix 30A, Annex 4, paragraph 1 of the Radio 

Regulations. 47 CFR 2.106, nn. 5.515 and 5.516. 

7Footnote US271 further limits FSS use of the 

band (Earth-to-space) to feeder links for the BSS. 

Footnote US334 permits operation of Federal FSS 

space stations in the band subject to certain 

restrictions. 47 CFR 2.106, nn. US271 and US334. 

8A feeder link is defined as a ‘‘radio link from 

a fixed earth station at a given location to a space 

station, or vice versa, conveying information for a 

space radiocommunication service other than the 

Fixed-Satellite Service. The given location may be 

at a specified fixed point or at any fixed point 

within specified areas.’’ 47 CFR 25.103. 

9 DBS is defined as ‘‘a radiocommunication 

service in which signals transmitted or 

retransmitted by Broadcasting-Satellite Service 

space stations in the 12.2–12.7 GHz band are 

intended for direct reception by subscribers or the 

general public.’’ 47 CFR 25.103. DBS operations are 

subject to the International Radio Regulation BSS 

and Feeder-link Plans contained in Appendices 30 

and 30A. 

10 17/24 GHz BSS is defined as a 

‘‘radiocommunication service involving 

transmission from one or more feeder-link earth 

stations to other earth stations via geostationary 

satellites, in the 17.3–17.7 GHz (space-to-Earth) 

(domestic allocation), 17.3–17.8 GHz (space-toEarth) (international allocation) and 24.75–25.25 

GHz (Earth-to-space) bands.’’ 47 CFR 25.103. 

11SES is a satellite company that, together with 

its affiliates, provides FSS to the United States with 

both GSO and non-geostationary orbit (NGSO) 

satellites and associated earth stations. SES affiliate, 

SES–17 S.a`.r.l. was recently granted U.S. market 

access for its SES–17 satellite that will use the 17.3– 

17.7 GHz band for downlink communications to 

gateway earth stations in the United States. 

Operation of these FSS downlinks in the 17.3–17.7 

GHz band (space-to-Earth) was granted through a 

waiver of the U.S. Table of Frequency Allocations 

and are on an unprotected, non-interference basis. 

See, IBFS File No. SAT–PDR–20190305–00014 

(grant stamp dated May 8, 2020). 

12 In support of its position, SES cites the 

example of the Commission’s decision in 2002 to 

allow non-conforming satellite use of DBS 

spectrum, which concluded that relaxation of use 

restrictions would encourage the development of 

new telecommunications products and services. 

SES Petition at 7–8 (citing Policies and Rules for the 

Direct Broadcast Satellite Service, IB Docket No. 

98–21, Report and Order, 17 FCC Rcd 11331, 11401 

(2002)). 

13SES Petition at 8–9 (stating that ‘‘[i]n its 

Spectrum Frontiers proceeding, the Commission 

responded to requests by SES and other satellite 

industry interests for revision of the rules governing 

the 24.75–25.25 GHz frequencies.’’) SES notes that 

the Commission proposed and adjusted its rules to 

place FSS on the same footing as BSS feeder links 

in the Spectrum Frontiers proceeding, and this was 

consistent with the Commission’s goals: ‘‘increasing 

flexibility of use and spectrum efficiency,’’ citing 

Use of Spectrum Bands Above 24 GHz for Mobile 

Radio Services, GN Docket No. 14–177, Second 

Report and Order, Second Further Notice of 

Proposed Rulemaking, Order on Reconsideration, 

and Memorandum Opinion and Order, 32 FCC Rcd 

10988, 11017–20 (2017) and Use of Spectrum Bands 

Above 24 GHz For Mobile Radio Services, Third 

Report and Order, Memorandum Opinion and 

Order, and Third Further Notice of Proposed 

Rulemaking, 33 FCC Rcd 5576, 5586 (2018)). 

the 17.3–17.7 GHz band is allocated to 

the FSS (Earth-to-space) and to the BSS 

on a co-primary basis 5 and to the 

radiolocation services on a secondary 

basis. The adjacent 17.7–17.8 GHz band 

is allocated internationally in ITU 

Region 2 to the fixed service, the BSS, 

the FSS (in both the space-to-Earth and 

Earth-to-space directions) on a primary 

basis and to the mobile service on a 

secondary basis.6 The 17.7–17.8 GHz 

band is allocated to the FSS (Earth-tospace) and to the fixed service on a coprimary basis in the U.S. Table.7

Historically, in the United States, the 

17.3–17.8 GHz band has been used for 

FSS feeder 8 uplinks that transmit 

programming to Direct Broadcast 

Satellite (DBS) service 9 GSO space 

stations. DBS feeder link operations 

typically involve the use of large, highgain antennas at a limited number of 

individually licensed earth station 

locations. The DBS service satellites 

then downlink that video programming 

directly to consumers in the 12.2–12.7 

GHz band. DBS is the principal means 

of delivering satellite television in the 

United States. U.S.-licensed DBS 

providers include DIRECTV and DISH 

Network. 

In May 2007, the Commission 

adopted rules for a new service that 

would use the 17.3–17.8 GHz band in 

the space-to-Earth direction to provide 

BSS. This service, known as the ‘‘17/24 

GHz BSS,’’ 10 provides service 

downlinks to customers in the same 

17.3–17.8 GHz band that is used for 

feeder uplinks to DBS space stations, 

i.e., reverse band operation. Although 

the 17/24 GHz BSS may use the entire 

17.3–17.8 GHz band internationally, it 

may only provide service in the United 

States in the 17.3–17.7 GHz band. DBS 

feeder link uplinks by contrast, operate 

in the entire 17.3–17.8 GHz band in the 

United States. At the same time that the 

Commission adopted rules for the 17/24 

GHz BSS, it also sought comment on 

rules to avoid interference between DBS 

and 17/24 GHz BSS operations, both inorbit (‘‘space path’’ interference) and on 

the ground (‘‘ground path’’ 

interference). The Commission adopted 

technical rules to address space path 

interference in 2011 that included a 

requirement that 17/24 GHz BSS space 

stations locate at least 0.2 degrees from 

a DBS space station. In 2017, the 

Commission adopted rules to address 

ground path interference. Since rules 

were adopted for the 17/24 GHz BSS, a 

number of licenses or grants of U.S. 

market access have been issued, but 

only a few of these licenses or grants 

remain in effect. 

SES Americom Petition for Rulemaking 

On March 5, 2019, SES 11 petitioned 

the Commission to initiate a rulemaking 

proceeding to amend Parts 2 and 25 of 

the Commission’s rules to authorize 

GSO FSS operations in the space-toEarth direction within the United States 

using the 17.3–17.7 GHz frequencies on 

a protected basis. On May 31, 2019, 

AT&T Services, Inc, (AT&T) and Telesat 

Canada (Telesat) filed comments in 

response to the SES Petition, and on 

June 17, 2019, SES filed reply 

comments. 

SES proposes we modify the U.S. 

Table to permit FSS downlinks on a coprimary basis in the 17.3–17.7 GHz 

band under its proposed technical rules. 

SES contends that such an allocation 

would comport with Commission 

policies supporting flexible spectrum 

use.12 SES also notes that the 

international allocation to the BSS in 

the 12.2–12.7 GHz band is accompanied 

by a footnote to the allocation that 

permits assignment of this spectrum to 

FSS downlinks, ‘‘provided that such 

transmissions do not cause more 

interference, or require more protection 

from interference, than the 

broadcasting-satellite service 

transmissions operating in conformance 

with the Plan or the List, as 

appropriate.’’ Finally, SES notes that the 

Commission recently adopted rule 

changes permitting more diverse use of 

FSS in the feeder link frequencies 

associated with the 17/24 GHz BSS 

service.13 SES argues that modifying 

Commission rules to permit protected 

FSS downlinks in the 17 GHz band will 

achieve the same objectives, promoting 

more robust use of spectrum and 

providing flexibility for satellite 

networks to respond to customer 

demand without impairing existing 

authorized use of the spectrum. 

Telesat agrees with SES that FSS 

licensees will be able to use the band 

following the same framework for 

location and operation of gateway earth 

stations that currently regulate BSS 

feeder link operations in the band. 

Telesat also states that Innovation, 

Science, and Economic Development 

Canada is currently considering similar 

changes to the Canadian Table of 

Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 7663 

14SES Petition at 3. As an example, SES cites its 

SES–17 satellite that will use all the Ka-band 

spectrum allocated for FSS in the space-to-Earth 

direction. See, IBFS File No. SAT–PDR–20190305– 

00014 (grant stamp dated May 8, 2020). 

15There is already a primary allocation to the FSS 

(space-to-Earth) in the 17.7–17.8 GHz in all three 

ITU Regions internationally. See 47 CFR 2.106. The 

2019 World Radiocommunication Conference 

(WRC–19) also adopted Resolution 174 (WRC–19) 

inviting the ITU–R to complete the sharing and 

compatibility studies necessary to consider a 

possible new primary allocation to the FSS (spaceto-Earth) in Region 2 in the 17.3–17.7 GHz band. 

See also Innovation, Science, and Economic 

Development Canada, Consultation on the 

Utilization of the Bands 18.8–19.3 GHz and 28.6– 

29.1 GHz, and the Bands 17.3–17.7 GHz, 19.3–19.7 

GHz and 29.1–29.25 GHz by the Fixed-Satellite 

Service, available at https://www.ic.gc.ca/eic/site/ 

smt-gst.nsf/eng/sf11441.html. 

16The proposed changes to the U.S. Table herein 

refer to changes to the U.S. Non-Federal Table of 

Frequency Allocations in the Allocation Table. See 

47 CFR 2.105(a). 

17A service designated as co-primary must share 

operations with other services designated as coprimary in the frequency band on a co-equal basis. 

See Redesignation of the 17.7–19.7 GHz Frequency 

Band, Blanket Licensing of Satellite Earth Stations 

in the 17.7–20.2 GHz and 27.5–30.0 GHz Frequency 

Bands, and the Allocation of Additional Spectrum 

in the 17.3–17.8 GHz and 24.75–25.25 GHz 

Frequency Bands for Broadcast Satellite Service 

Use, 13 FCC Rcd 19923 at n.4 (1998). 

18We also propose a consequential modification 

to footnote US402. 47 CFR 2.106. 

Frequency Allocations to permit FSS 

downlinks in the band. 

AT&T urges the Commission to 

carefully evaluate a number of technical 

concerns that could impact incumbent 

DBS and 17/24 GHz BSS operators. 

AT&T states that the Commission 

should consider whether authorizing 

FSS downlinks in the 17.3–17.7 GHz 

band could constrain future 

development or modifications of 

existing DBS systems, and the effect it 

might have on new applicants to 

provide DBS feeder link service. AT&T 

further argues that any rulemaking 

should consider the effect of proposed 

changes on other bands, such as the 

24.75–25.25 GHz band, which is 

currently available for FSS uplinks. 

AT&T further suggests that we seek 

comment on the effect that allowing FSS 

downlinks in the 17.3–17.7 GHz band 

could have on operations that are colocated with, or near to, U.S. DBS 

licensees’ facilities. Finally, AT&T 

contends that we should make clear that 

use of the 17.3–17.7 GHz band for FSS 

downlinks does not extend to earth 

stations in motion, nor to nongeostationary satellite orbit (NGSO) 

satellites. 

SES claims that none of AT&T’s 

contentions impede the Commission 

from initiating a rulemaking. SES 

further disputes AT&T’s claim that 

authorizing FSS downlinks in the 17.3– 

17.7 GHz band could limit future 

modifications of BSS networks. 

According to SES, AT&T’s claims are 

speculative and outweighed by the 

potential benefits of promoting more 

efficient spectrum use. SES also asserts 

that we should not prejudge whether 

FSS downlinks in the 17.3–17.7 GHz 

band can be used to communicate with 

user terminals, including terminals in 

motion. 

We propose to permit GSO FSS 

(space-to-Earth) communications in the 

17.3–17.8 GHz band. We also propose 

technical rules to prevent harmful 

interference between stations or services 

in this band. With appropriate technical 

safeguards to protect incumbents, 

permitting the use of this band for GSO 

FSS downlink services would facilitate 

deployment of advanced satellite 

systems and enable the most effective 

and efficient use of the spectrum. We 

further propose to define extended Kaband frequencies and to establish 

routine licensing criteria for earth 

stations seeking to operate in those 

frequencies. 

Proposed GSO FSS Allocation in the 

17.3–17.8 GHz Band 

The Ka-band is used extensively by 

FSS operators to provide satellite-based 

broadband access services using highthroughput satellites. In these systems, 

end user terminals uplink to space 

stations using one set of frequencies, 

and the space station downlinks traffic 

to earth station terminals using a 

separate set of frequencies (and back 

into the internet backbone). The 

satellites in these systems typically use 

spot-beam technology and high-order 

frequency re-use to significantly 

increase capacity and spectral 

efficiency. 

Over the last ten years there has been 

an increase in the number of space 

stations using Ka-band frequencies that 

serve, or intend to serve, customers in 

the United States. In its petition for 

rulemaking, SES argues that there is a 

particular need for additional Ka-band 

spectrum for FSS gateway earth stations 

to support high-throughput satellite 

communications.14 SES argues that the 

full benefits from these systems cannot 

be achieved without access to sufficient 

gateway spectrum to support multiple 

spot beams for expanded downlink 

connectivity. SES states that permitting 

FSS downlink communications in the 

17.3–17.7 GHz band would help to 

address the need for more spectrum and 

enable enhanced space station 

performance in communicating with 

gateway earth stations. SES further 

states that having the additional 

spectrum for space-to-Earth 

communications in turn would allow 

U.S. consumers to ‘‘enjoy greater access 

to innovative satellite services both at 

home and during their travels by air and 

sea.’’ Telesat states that it ‘‘shares the 

concerns expressed by SES regarding 

the limited availability of FSS 

frequencies that can be used to operate 

gateway earth stations to support the 

burgeoning development of Ka-band 

satellite services.’’ Telesat further argues 

that ‘‘[t]he 17 GHz band is well-suited 

to supplement the frequency capacity 

available for this purpose, both in terms 

of its functionality for FSS operators in 

the Ka-band, including Telesat and SES, 

and the compatibility of their use with 

other authorized uses of the band.’’ 

Telesat emphasizes that there is 

increasingly limited spectrum and 

‘‘providing for the expanded use of the 

17 GHz band to support growing 

demand for FSS Ka-band downlink 

spectrum while not jeopardizing 

existing operations in the band will 

enhance the use of spectrum for the 

public good.’’ AT&T does not dispute 

the need for additional spectrum but 

asks that ‘‘any rulemaking must be 

carefully tailored to allow the 

Commission and interested parties to 

fully consider and evaluate SES’s 

proposals and their potential impact on 

current and future DBS and BSS 

operators.’’ 

We propose to make the 17.3–17.8 

GHz band available for more intensive 

use by FSS satellite operators, to meet 

the need for additional Ka-band GSO 

FSS downlink spectrum. We note that 

the need for additional spectrum for 

these services also has been recognized 

internationally.15 We seek comment on 

this potential need for additional Kaband GSO FSS downlink spectrum and 

on our proposed changes to the U.S. 

Table 16 and other Commission rules. 

In particular, we propose to add a 

primary allocation to the FSS in the 

space-to-Earth direction in the U.S. 

Table to permit FSS downlinks from 

geostationary satellites to operate in the 

17.3–17.7 GHz band on a co-primary 

(co-equal) basis 17 with other primary 

services in that band.18 In addition, as 

discussed below, we propose certain 

changes to the U.S. Table to permit GSO 

FSS space-to-Earth operations in the 

adjacent 17.7–17.8 GHz band. We note 

that in the 17.7–17.8 GHz band a bidirectional allocation currently exists in 

the International Table for ITU Region 2, 

but not in the U.S. Table. FSS operation 

in the 17.7–17.8 GHz band is limited to 

the Earth-to-space direction in the 

United States. We propose to revise the 

allocation to permit FSS in the space-toEarth direction. We also propose to 

permit authorization of FSS receiving 

7664 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 

19A 17.3–17.7 GHz space-to-Earth FSS allocation 

exists in ITU Region 1, and in the adjacent 17.7– 

17.8 GHz band in all three Regions. 47 CFR 2.106. 

20SES Petition, Rule Appendix at 1. SES models 

its proposed language on footnote 5.492 to the 

International Table of Allocations which permits 

FSS downlink transmissions in BSS Ku-band 

frequencies which are part of an ITU Appendix 30 

Plan or List. See also, 47 CFR 2.106, n.5.492. 

21 47 CFR 2.106, n.US402. This footnote defines 

two geographic areas and frequency segments in 

which 17/24 GHz BSS earth stations may not claim 

protection from earth stations transmitting to 

Federal satellites in the Earth-to-space direction. 

22As a corresponding change, we also propose to 

similarly amend note 1 to § 25.202(a)(9) of our rules 

which addresses use of the 17.3–17.8 GHz band for 

BSS. 47 CFR 2.202(a)(9). 23 47 CFR 2.106 and footnote US271. The use of 

the band 17.3–17.8 GHz by the FSS (Earth-to-space) 

is limited to feeder links for BSS. 24Prior to 2000, the 17.7–18.3 GHz band was 

designated for shared co-primary use by GSO FSS 

and fixed service operations. See 18 GHz Order, 15 

FCC Rcd 13430. In 2000, in addition to designating 

the 17.7–18.3 GHz band for primary use by 

terrestrial services, the Commission also designated 

the 18.3–18.58 GHz band for co-primary use by 

GSO FSS and terrestrial fixed services, and the 

18.58–18.8 GHz band for primary use by GSO FSS. 

25 In addition, the fixed service stations would be 

protected from harmful interference from GSO FSS 

downlink operations, given the existing power flux 

density (PFD) limits for GSO space stations in 

§ 25.208(c) of the Commission rules. 47 CFR 

25.208(c). These PFD limits comport with 

established international standards for preventing 

harmful interference to fixed service stations and 

are applicable in the entire 17.7–19.7 GHz band. 

See also infra at paragraph 24. 

26 In 2000, the Commission also designated the 

18.3–18.58 GHz band for co-primary use by GSO 

FSS and fixed service and the 18.58–18.8 GHz band 

for primary use by GSO FSS. See 18 GHz Order, 15 

FCC Rcd at 13432, 13445, paragraphs 4 and 31. 

earth stations in the 17.7–17.8 GHz band 

on a non-protected basis with respect to 

fixed service operations; such FSS 

receiving earth stations would operate 

on a co-primary basis, however, vis-a`- 

vis primary satellite operations in the 

band. We seek comment on these 

changes and proposals. 

GSO FSS Transmissions in the 17.3– 

17.7 GHz Band. At present, neither the 

International Table (for Region 2) nor 

the U.S. Table allows a space-to-Earth 

FSS transmission in the 17.3–17.7 GHz 

band.19 To accommodate such 

operations in the United States, on a coprimary basis, SES requests we revise 

the U.S. Table, specifically footnotes 

US402 and NG163. Footnote NG163, as 

currently written, limits use of the 17.3– 

17.7 GHz band by the BSS to 

geostationary satellites. SES asks that 

we revise this footnote to include a 

statement that ‘‘Space stations in this 

band may transmit in the fixed-satellite 

service (space-to-Earth) on a primary 

basis, provided that such transmissions 

do not cause more interference, or 

require more protection from 

interference, than broadcasting-satellite 

service transmissions operating in 

accordance with the Commission’s 

rules.’’ 20 As a consequence of this 

change, SES also proposes edits to 

footnote US402 21 to include nonFederal FSS receiving earth stations 

among those not entitled to protection 

from Federal earth station transmissions 

in specific geographic areas. SES states 

that ‘‘FSS downlinks in the 17 GHz 

band will be fully compatible with both 

satellite services authorized in the 

spectrum: Feeder links for direct 

broadcast satellite (‘‘DBS’’) networks 

and ‘‘Reverse Band’’ use for the 

downlink portion of 17/24 GHz BSS 

operations.’’ SES points out that ’’ [n]o 

party opposes the SES Petition or 

presents any substantial obstacles to the 

rule revisions sought by SES to promote 

robust, flexible satellite use of 

spectrum.’’ 

AT&T, however, states that the 

Commission should make clear that any 

use of the 17.3–17.7 GHz band for FSS 

downlinks would be limited to GSO 

satellites. We note that the interferencemitigation regime the Commission 

established for the BSS and DBS feeder 

links in the 17.3–17.7 GHz band 

presupposed only GSO satellites. In 

addition, Article 22 of the ITU Radio 

Regulations does not include equivalent 

power flux density limits at the Earth’s 

surface for the 17.3–17.8 GHz band that 

are necessary to protect earth stations 

receiving GSO transmissions from 

harmful interference from NGSO 

operations. Accordingly, we propose to 

modify the U.S. Table, revise footnote 

US402, and adopt a new footnote NG58 

to permit co-primary operation of FSS 

downlink transmissions in the 17.3– 

17.7 GHz band, while limiting FSS 

downlink operations to GSO satellite 

networks.22 To streamline the 

applicable restrictions to the 17.3–17.8 

GHz band in the U.S. Table, we further 

propose to incorporate the use limits 

found in US271 and NG163 into the 

new footnote NG58 and remove US271 

and NG163. We also propose 

consequential modifications to our 

licensing information requirements 

contained in § 25.115(e). We seek 

comment on these proposals. 

GSO FSS Transmissions in the 17.7– 

17.8 GHz Band. In the U.S. Table, the 

17.7–17.8 GHz band is allocated on a 

primary basis to the fixed service and to 

the FSS (Earth-to-space) limited, by 

footnote US271, to use by feeder links 

for the BSS.23 The International Table 

includes primary allocations to the FSS 

(both Earth-to-space and space-to-Earth) 

in all three ITU Regions, including 

Region 2, in the 17.7–17.8 GHz band, 

and FSS operators may use this band to 

provide service outside of the United 

States. 

With respect to sharing of the 17.7 

and 17.8 GHz band with the fixed 

service, we note that in 2000, the 

Commission designated the 17.7–18.3 

GHz band for primary use by terrestrial 

services.24 This designation was based 

in large part upon the conclusion, at 

that time, that sharing between 

terrestrial services and satellite services 

was not feasible, especially when 

satellite earth stations would be 

ubiquitously deployed. In 2017, 

however, the Commission adopted a 

secondary allocation for the FSS (spaceto-Earth) in the 17.8–18.3 GHz band and 

also permitted blanket earth station 

licensing. In the 17.7–17.8 GHz band, 

we now propose to add a space-to Earth 

direction (to the existing primary FSS 

allocation) in the U.S. Table, but also to 

add a footnote stipulating that earth 

stations receiving in the 17.7–17.8 GHz 

band are not entitled to protection from 

the fixed service. This would make 

these FSS downlink operations coprimary vis-a`-vis other satellite 

operations in the band but treat them as 

secondary with respect to fixed service 

operations, consistent with the 

treatment of the FSS (space-to-Earth) 

operations vis-a-vis fixed services in the 

adjacent 17.8–18.3 GHz band. 

Accordingly, if we permit GSO FSS 

(space-to-Earth) operations in the 17.7– 

17.8 GHz band, we propose these 

operations would be conducted on a 

non-protected basis vis-a-vis the fixed 

service.25 We seek comment on these 

proposals and conclusions. 

We note that allowing use of the 17.7– 

17.8 GHz band by the FSS (space-toEarth) would provide a contiguous band 

for FSS downlink operations at 17.3– 

18.3 GHz, along with the existing FSS 

use in the 18.3–18.8 GHz band.26 This 

would facilitate operational efficiencies 

and flexibility to avoid interference and 

to use this contiguous spectrum in the 

most effective and efficient manner. We 

seek comment on our proposals and 

these conclusions. As discussed further 

below, we also seek comment on how 

our proposals would affect the existing 

operations of the incumbent fixed 

services in the 17.7–17.8 GHz band as 

well as the potential for the future 

development and deployment of other 

terrestrial services in this band. To the 

extent that commenters assert that our 

proposal would negatively impact 

existing and future terrestrial services in 

the 17.7–17.8 GHz band, these 

commenters should explain whether 

such impacts could be mitigated by any 

modifications to our proposals herein. 

With respect to FSS operations vis-avis other satellite operations in the 

Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 7665 

27We note that with respect to adjacent band 

operations, under the currently applicable rules, a 

fixed service operator in the 17.7–18.3 GHz band is 

required to comply with out of band emission limits 

contained in our rules. A fixed service operator in 

the 17.7–18.3 GHz band that complies with these 

limits would not otherwise be required to 

coordinate its operations with FSS receiving earth 

stations in the 17.3–17.7 GHz band. See Letter from 

Donald J. Evans, Counsel to the Fixed Wireless 

Communications Coalition, to Marlene H. Dortch, 

Secretary, FCC, IB Docket No. 20–330 at 2 (filed 

Nov. 10, 2020). See also 47 CFR 74.637, § 78.103, 

and § 101.111. Fixed services in the 17.8–18.3 GHz 

band would likewise not be subject to a 

coordination requirement vis-a`-vis FSS receiving 

earth stations operating in the 17.7–17.8 GHz band. 

28See infra, Appendix A. Unlike blanket licensed 

FSS earth stations, individually licensed FSS earth 

stations would be permitted to claim protection 

from earth stations providing feeder links to BSS 

space stations in the band. See infra, paragraph 55. 

29We note however, that the FSS space stations 

in the 24.75–25.25 GHz band, which include (but 

are not limited to) feeder uplinks for 17/24 GHz 

BSS stations may be located as close as two degrees. 

See Use of Spectrum Bands Above 24 GHz for 

Mobile Radio Services, GN Docket No. 14–177, WT 

Docket No. 10–112, Third Report and Order, 

Memorandum Opinion and Order, and Third 

Further Notice of Proposed Rulemaking, 33 FCC 

Rcd 5576, 5586, paragraph 25 (2018). 

30The spectrum and orbital resources for DBS are 

subject to planned use, on a regional basis, under 

the international regulations administered by the 

International Telecommunication Union (ITU). 

Under this plan, the United States is assigned eight 

orbital locations for the provision of DBS, spaced 

at least nine degrees: 61.5° West Longitude (W.L.), 

101° W.L., 110° W.L., 119° W.L., 148° W.L., 157° 

W.L., 166° W.L., and 175° W.L. See ITU Radio 

Regulations, Art. 5, section 1. 

31 47 CFR 25.103. Our rules define a two-degree 

compliant space station as a GSO FSS space station 

operating in the conventional or extended C-bands, 

the conventional or extended Ku-bands, the 24.75– 

25.25 GHz band, or the conventional Ka-band 

within the limits on downlink EIRP density or PFD 

specified in § 25.140(a)(3) and communicating only 

with earth stations operating in conformance with 

routine uplink parameters specified in §§ 25.138(a), 

25.211(d), 25.212(c), (d), or (f), 25.218, 25.221(a)(1) 

Continued 

17.7–17.8 GHz band, we propose to treat 

FSS (space-to-Earth) operations on a coprimary basis vis-a`-vis the primary FSS 

(Earth-to-space) allocation in the 17.7– 

17.8 GHz band. Treating satellite 

operations on co-primary basis would 

be consistent with the International 

Table and our proposed co-primary 

treatment of satellite operations in the 

adjacent 17.3–17.7 GHz band. This 

would facilitate the use of the 17.3–17.7 

GHz and 17.7–17.8 GHz frequencies as 

a contiguous band, governed by the 

same streamlined rules, allowing 

flexibility to the FSS space-to-Earth 

systems to operate efficiently. 

Accordingly, allowing FSS downlink 

operations in the 17.7–17.8 GHz band 

would serve the public interest, 

provided such FSS operations comply 

with other proposed revisions to the 

technical requirements intended to 

protect the operations of incumbent 

services, including 17/24 GHz BSS and 

DBS systems. We seek comment on 

these proposals and conclusions. 

If adopted, we propose to implement 

our revisions to the U.S. Table by 

including a primary allocation to the 

FSS (space-to-Earth) but also including 

the new footnote NG58 that would 

permit authorization of earth stations 

receiving transmissions from GSO FSS 

space stations in the 17.7–17.8 GHz 

band, strictly on a non-protected basis 

with respect to terrestrial fixed service 

operations. The relevant portion of this 

new footnote NG58 would read: ‘‘Earth 

stations in the fixed-satellite service 

(space-to-Earth) in the 17.7–17.8 GHz 

band shall not claim protection from 

stations in the fixed service that operate 

in that band.’’ We believe this approach 

will provide a certain level of flexibility 

to GSO FSS operators while placing no 

additional coordination burden on fixed 

service operators.27 This approach also 

is consistent with our goals to allocate 

increasingly scarce spectrum resources 

in the most efficient and effective 

manner possible. We also propose 

corresponding modifications to § 25.115 

to reference these conditions in our 

licensing requirements, including a 

proposed condition that blanket 

licensed FSS earth stations, if 

authorized to receive FSS (space-toEarth) transmissions in the 17.7–17.8 

GHz band, must operate on a nonprotected basis and claim protection 

from neither fixed service operations 

nor FSS earth stations providing feeder 

links to BSS space stations in the 

band.28 We seek comment on these 

proposals. 

With respect to protecting incumbents 

from harmful interference, we note that 

§ 25.208(c) includes angle-dependent 

PFD limits intended to protect terrestrial 

services from space station 

transmissions in the 17.7–19.7 GHz 

band. We seek comment on whether 

these angle-dependent PFD limits 

would adequately protect fixed service 

operations from harmful interference 

from GSO FSS operations in the 17.7– 

17.8 GHz band. Apart from these and 

the default service rules contained in 

§ 25.217 we have no requirements 

specifically governing space-to-Earth 

FSS transmissions in the 17.7–17.8 GHz 

band. If commenters propose any 

additional rules to facilitate sharing, 

they also should address costs and 

benefits of adopting their proposals. 

Although we believe that the aboveoutlined approach best achieves our 

goals of promoting spectrum efficiency 

and operational flexibility, we seek 

comment on alternatives and how we 

can protect the operations of incumbent 

services. AT&T asserts that when 

considering the entry of new FSS coprimary operations into the band, the 

Commission should consider the impact 

of these new operations on the future 

expansion of DBS uplinks. Although the 

recent removal of the DBS freeze should 

alleviate AT&T’s particular concern 

regarding the timing of introducing 

these new operations, we nonetheless 

seek comment on this question 

generally as raised by AT&T. We believe 

that our proposed revisions to the U.S. 

Table allowing co-primary FSS 

downlinks in the 17.3.17.8 GHz band 

are compatible with existing operations 

in the band given the accompanying 

revisions to the technical requirements 

intended to protect the operations of 

incumbent services. Nonetheless, we 

seek comment on the possible impact to 

current and future DBS, 17/24 GHz BSS, 

or terrestrial fixed service systems, and 

we ask if the introduction of new GSO 

FSS downlinks into the band might 

have unforeseen or unreasonably 

constraining consequences to these 

systems. If so, we ask what course of 

action would best protect the operations 

of future and existing users. 

Technical Rules To Prevent Harmful 

Interference in the 17.3–17.8 GHz Band 

Measures To Facilitate Space-to-Earth 

Operations of 17/24 GHz BSS and FSS 

We propose various requirements 

intended to facilitate both intra-service 

operations between 17.3–17.8 GHz FSS 

space stations and inter-service 

operations between FSS and17/24 GHz 

BSS space stations. Most of these 

requirements are already applicable to 

17/24 GHz BSS space stations 

transmitting in the band, and we 

propose to extend them to 17.3–17.8 

GHz FSS space stations either directly 

or with some modifications. 

Required Longitudinal Separation. At 

present, the different satellite services 

operating in the 17.3–17.8 GHz band are 

subject to different orbital spacing 

requirements. Our rules require 17/24 

GHz BSS space stations that transmit in 

the space-to-Earth direction in the 17.3– 

17.8 GHz band to be separated from 

each other by at least four degrees.29 In 

contrast, DBS stations are authorized to 

receive feeder uplink transmissions in 

the 17.3–17.8 GHz band in the opposite 

direction (i.e., reverse-band operations), 

and are typically separated from each 

other by at least nine degrees.30

Transmitting 17/24 GHz BSS space 

stations must also maintain at least 0.2 

degrees separation from DBS space 

stations to minimize space path 

interference. GSO FSS space stations 

however, have historically been subject 

to a two-degree spacing requirement.31

7666 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 

or (3), or 25.222(a)(1) or (3), 25.226(a)(1) or (3), or 

25.227(a)(1) or (3). 

32The minimum four-degree separation 

requirement between 17/24 GHZ BSS space stations 

would be unchanged. SES Petition, Rule Appendix. 

33 47 CFR 25.140(a) and (b) and § 26.262. We also 

propose conforming changes to § 25.114(d)(15) 

which refers to the showings applicants must 

provide with their applications. 

34The downlink power levels transmitted by 

adjacent co-frequency satellites, in combination 

with the sidelobe performance characteristics of the 

receiving earth station antenna, will determine the 

carrier-to-interference ratio that an operator 

experiences at the receive antenna as a result of 

adjacent satellite interference. 

35 47 CFR 25.208(w). Specifically, these PFD 

limits are: (1) In the region of the contiguous United 

States, located south of 38° North Latitude and east 

of 100 West Longitude: ¥115 dBW/m2/MHz; (2) In 

the region of the contiguous United States, located 

north of 38° North Latitude and east of 100° West 

Longitude: ¥118 dBW/m2/MHz; (3) In the region of 

the contiguous United States, located west of 100 

West Longitude: ¥121 dBW/m2/MHz; and (4) For 

all regions outside of the contiguous United States 

including Alaska and Hawaii: ¥115 dBW/m2/MHz. 

Id. 

36 In contrast, FSS receiving antennas in other 

frequency bands are typically subject to the 

requirements contained in § 25.209. 

37 47 CFR 25.208(c). These limits are applicable 

in the 17.7–19.7 GHz band and must be met by FSS 

and 17/24 GHz BSS space stations. 38SES Petition at 10. SES’s proposed 

requirements are: (1) In the region of the contiguous 

United States, located south of 38° North Latitude 

and east of 100° West Longitude: ¥118 dBW/m2/ 

MHz; (2) In the region of the contiguous United 

States, located north of 38° North Latitude and east 

of 100° West Longitude: ¥118 dBW/m2/MHz; (3) In 

the region of the contiguous United States, located 

west of 100° West Longitude: ¥121 dBW/m2/MHz.; 

and (4) For all regions outside of the contiguous 

United States including Alaska and Hawaii: ¥118 

dBW/m2/MHz. 

39This limit is more stringent compared with the 

most restrictive PFD limit of ¥115 dBW/m2/MHz 

required in the same geographic region from BSS 

space stations. 

40 47 CFR 25.140(a)(3)(iii). The conventional 

downlink Ka-bands include 18.3–18.8 GHz (spaceto-Earth) and 19.7–20.2 GHz (space-to-Earth). 

41We note that if the ¥118 dBW/m2/MHz 

regional PFD limit is met, then the angle-dependent 

PFD limits contained in § 25.208(c) that are 

intended to protect terrestrial operations in the 

17.7–17.8 GHz band will be met as well. 

Compliance with the two-degree orbital 

separation requirements for FSS space 

stations is verified by the information 

certifications and technical showings 

required by § 25.140(a) of our rules. 

In its Petition, SES includes proposed 

modifications to both rule §§ 25.140, 

and 25.262. Under this proposed 

approach, FSS space stations would be 

required to maintain at least two degrees 

of separation from each other and would 

also be required to maintain a default 

orbital separation of at least four degrees 

from 17/24 GHz BSS space stations.32

In determining what orbital 

separation would be most appropriate 

for FSS space stations seeking to operate 

in the 17.3–17.8 GHz band in the spaceto-Earth direction, we consider not only 

accommodation of FSS operations in a 

manner most consistent with other FSS 

bands, but also harmonization of the 

operations of the three different satellite 

services operating bi-directionally in the 

same frequency band. We therefore 

propose changes to §§ 25.140(a) and (b), 

(d) and 25.262 of our rules, to require 

GSO FSS and 17/24 GHz BSS applicants 

seeking to operate in the 17.3–17.8 GHz 

band, to demonstrate compliance with 

rules applicable to their service’s 

particular orbital spacing requirements, 

while simultaneously accommodating 

adjacent neighboring space stations in 

other services.33 We propose to adopt a 

two-degree orbital spacing approach for 

transmitting FSS space stations and 

require an FSS applicant to make 

different coordination showings 

depending upon the service of its 

adjacent neighbors. We believe that 

permitting two-degrees of separation 

between downlinking FSS space 

stations, while retaining four-degree 

separation from 17/24 GHz BSS space 

stations, would most efficiently use the 

orbital arc and associated spectrum 

resources. We seek comment on this 

proposal, and on its possible 

ramifications for the incumbent 

services. 

We also seek comment on other 

alternatives, including whether we 

should apply the same orbital spacing 

requirements to downlinking FSS space 

stations as we currently apply to 17/24 

GHz BSS stations, (i.e., four-degree 

spacing). While this approach might 

yield a more homogeneous regulatory 

and operating environment and could 

be implemented using the coordination 

showings per § 25.140(b) for both types 

of applicants, it may not, however, most 

effectively maximize use of the orbital 

arc and spectral resources, nor provide 

maximum flexibility for FSS or 17/24 

GHz BSS operators. Commenters 

proposing other alternatives also should 

discuss any cost and benefits associated 

with their proposals, in addition to 

discussing any technical advantages. 

Downlink Power Limits. The 

Commission has typically employed 

downlink PFD limits for space stations 

transmissions in order to facilitate both 

inter-service and intra-service sharing. 

PFD limits for intra-service operations 

are generally imposed to ensure a 

relatively homogeneous transmitting 

environment which aids in protecting 

co-frequency receiving antennas from 

adjacent satellite interference.34 PFD 

limits may also be imposed to facilitate 

inter-service operations, notably to 

protect terrestrial services from satellite 

transmissions. 

The Commission’s current rules 

include PFD limits for 17/24 GHz BSS 

systems transmitting in the 17.3–17.7 

GHz band.35 These PFD levels were 

established to accommodate four-degree 

spacing (i.e., intra-service sharing) 

between 17/24 GHz BSS networks. The 

regional variation was adopted, among 

other reasons, to account for geographic 

variations in rainfall characteristics. 

Moreover, these limits are intended to 

protect BSS receiving antennas 

conforming to the requirements of 

§ 25.224 of our rules and are derived 

from antenna patterns in 

Recommendation ITU–R BO.1213–1 

which applies specifically to BSS 

receiving antennas.36 FSS receiving 

antennas will likely exhibit different 

gain characteristics and may ultimately 

operate in an orbital spacing 

environment (e.g., two degrees) different 

from the four-degree separation 

approach established for 17/24 GHz BSS 

space stations. 17/24 GHz BSS and FSS 

space stations transmitting in the 17.7– 

17.8 GHz band are also subject to the 

arrival-angle-dependent PFD limits 

contained in § 25.208(c) that are 

intended to protect terrestrial systems in 

that band.37

At present, our rules do not include 

PFD limits for FSS space stations in the 

17.3–17.7 GHz band. In its petition, SES 

proposes PFD limits for FSS systems 

based on the existing regional PFD limit 

scheme, with some modifications.38 SES 

proposes that in some geographic 

regions FSS downlink transmissions not 

exceed a PFD limit of –118 dBW/m2/ 

MHz which is more stringent than the 

limit imposed on 17/24 GHz BSS space 

stations in the same region.39 Although 

SES offers no explicit rationale for its 

proposal to apply this more stringent 

PFD limit to FSS transmissions, we 

recognize that it is identical to the PFD 

limit our rules apply to FSS 

transmissions in the nearby 

conventional Ka-band to allow twodegree spacing.40 We propose applying 

regional PFD limits to 17.3–17.8 GHz 

FSS space station transmissions, to 

harmonize them with those now 

applicable to the 17/24 GHz BSS, and 

propose adopting the specific regional 

limits advocated by SES. We tentatively 

conclude that these limits, including the 

maximum value of ¥118 dBW/m2/MHz 

will allow transmitting FSS space 

stations to operate in both a two-degree 

FSS spacing environment as well as 

alongside the four-degree 17/24 GHz 

BSS environment.41 We seek comment 

on these conclusions. 

The PFD limits contained in § 25.208 

are largely intended to facilitate sharing 

between space and terrestrial services. 

Most are angle-dependent and closely 

replicate the PFD limits contained in 

Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 7667 

42We propose renumbering of § 25.140(b)(3) 

generally as well as conforming updates to 

paragraphs (b)(4), (b)(5) and a new paragraph (b)(6). 

See infra Appendix A. 

43 47 CFR 25.210(f). The FSS bands listed include 

3600–4200 MHz, 5091–5250 MHz, 5850–7025 MHz, 

10.7–12.7 GHz, 12.75–13.25 GHz, 13.75–14.5 GHz, 

15.43–15.63 GHz, 18.3–20.2 GHz, 24.75–25.25 GHz, 

or 27.5–30.0 GHz bands, including feeder links for 

other space services. This requirement does not 

apply to telemetry, tracking, and command 

operation. 

44 47 CFR 25.210(f). This requirement does not 

apply to telemetry, tracking, and command 

operation. 

45Historically, the Commission adopted its 30 dB 

FSS cross-polarization isolation requirement in an 

environment where satellites were predominantly 

using analog transmissions as it served to minimize 

the interference between adjacent satellites when 

both carried analog video signals with highly 

varying (peaked) power density levels. Although 

relaxed to 25 dB, a similar cross-polarization 

requirement, was later extended to 17/24 GHz BSS 

systems. 17/24 GHz R&O and FNPRM, 22 FCC Rcd 

at 8888–89, paragraph 113. 

46This type of interference may occur when the 

off-axis downlinked signals from one space station 

are detected by the receiving antenna of a nearby 

co-frequency space station. The severity of space 

path interference will depend upon the transmitted 

signal power level; the off-axis gain discrimination 

characteristics of the transmitting and receiving 

antennas; and on the specific orientation of, and 

separation between, the transmitting and receiving 

antennas on both space stations. This latter factor 

in turn depends upon various inter-dependent 

parameters including longitudinal separation and 

the inclination and eccentricity of both space 

station orbits. Management of space path 

interference is typically more challenging when a 

receiving DBS space station is located within a few 

tenths of a degree in orbital longitude from a 

transmitting co-frequency space station. 

47Analogously, ground path interference arises 

between earth stations when the off-axis 

transmissions in the Earth-to-space direction of one 

service are received by a nearby co-frequency 

receiving earth station in another service. See infra 

at paragraphs 49–58. 

Article 21 of the ITU Radio Regulations. 

Since § 25.140(a) contains rules to 

facilitate FSS operations in a two-degree 

orbital spacing environment, we believe 

that this rule section is a more 

appropriate place to include our 

proposed PFD limits, as they are 

intended to facilitate intra-service 

operation. Thus, rather than amending 

§ 25.208, we propose to include these 

new PFD requirements in § 25.140(a)(3). 

Further, to improve the organizational 

coherence of our Part 25 rules, we also 

propose to likewise move the regional 

PFD limits for 17/24 GHz BSS space 

stations now contained in section 

25.208(w) to § 25.140(b)(3). As a 

consequence of this move, we also 

propose conforming updates to other 

paragraphs in § 25.140(b)(3) 42 and to 

rule sections that currently reference 

section 25.208(w) including 

§§ 25.114(d)(15)(i) and (ii), 25.140(b)(5), 

and 25.262(b)(1) and (2) and (c) and (d). 

We seek comment on these proposed 

rule changes generally, and on whether 

the proposed PFD limits for FSS space 

stations are appropriate. 

Polarization and Full Frequency ReUse Requirements. Section 25.210(f) of 

our rules requires all space stations in 

the FSS operating in any portion of the 

bands specified therein to employ stateof-the-art full frequency reuse, either 

through the use of orthogonal 

polarizations within the same beam 

and/or the use of spatially independent 

beams.43 It similarly requires full 

frequency reuse for BSS space stations 

transmissions in the 17.3–17.8 GHz 

band (space-to-Earth).44 We propose to 

amend this requirement to include 

17.3–17.8 GHz in the list of specified 

frequencies, thereby extending the 

requirement to FSS space-to-Earth 

transmissions in the band. We seek 

comment on this proposal. 

Cross-Polarization Isolation 

Requirements. Section 25.210(i) requires 

17/24 GHz BSS transmitting space 

station antennas to provide crosspolarization isolation of at least 25 dB 

within the primary coverage area. We 

note that a similar cross-polarization 

isolation requirement for transmitting 

FSS space stations was eliminated in 

the Part 25 Second Report and Order, 

although at that time the Commission 

did not address the cross-polarization 

isolation requirement for 17/24 GHz 

BSS. We propose to not extend the 

cross-polarization requirements to FSS 

space station antennas transmitting in 

the 17.3–17.8 GHz band. We seek 

comment on this proposal. We also seek 

comment on whether this requirement 

might be obsolete in the current digital 

transmission environment and could be 

eliminated for 17/24 GHz BSS space 

station transmissions as well.45

Measures To Mitigate Space Path 

Interference 

In the 17.3–17.8 GHz reverse-band 

sharing environment, receiving DBS 

space stations are vulnerable to space 

path interference 46 from nearby cofrequency 17/24 GHz BSS space station 

transmissions.47 In the 17/24 GHz Space 

Path Report and Order, the Commission 

adopted requirements to mitigate such 

space path interference. If we opt to 

permit FSS space-to-Earth transmissions 

in the 17.3–17.8 GHz band, analogous 

requirements will need to be adopted to 

mitigate space path interference from 

FSS space station transmissions into 

DBS satellite receivers. We propose to 

apply to FSS space stations the same 

antenna off-axis power flux density 

coordination trigger, antenna off-axis 

gain measurement requirements, twopart information submission process, 

and orbital inclination and eccentricity 

constraints that § 25.264 of our rules 

now applies to 17/24 GHz BSS space 

stations. 

Off-Axis Power Flux Density 

Coordination Trigger. To avoid harmful 

levels of space path interference into 

DBS space station antennas from 17/24 

GHz BSS transmissions, our rules 

provide a coordination trigger value, 

i.e., a PFD of ¥117 dBW/m2/100 kHz at 

the victim DBS space station receiving 

antenna above which coordination is 

required. To protect DBS space stations 

from space path interference arising 

from adjacent FSS space station 

downlinks, SES proposes modifications 

to § 25.264 of our rules to extend the 

current PFD coordination trigger of –117 

dBW/m2/100 kHz to downlinking FSS 

space stations in the 17.3–17.7 GHz 

band. We further propose applying this 

coordination trigger to transmissions 

from FSS space stations is an 

appropriate approach to mitigate space 

path interference into DBS receivers and 

we propose to amend § 25.264(a) 

through (i) of our rules accordingly. We 

also propose to apply this requirement 

to FSS downlinking space stations in 

the 17.7–17.8 GHz band, which could 

also be a source of space path 

interference into DBS receivers. We seek 

comment on these proposals. 

In addition, we propose to amend 

§ 25.264(b)(1) and (2) and (e) to require 

that the PFD calculations at the DBS 

receiver consider the aggregate power 

flux density from all 17.3–17.8 GHz 

transmitting beams on the adjacent 

space station. Under our proposed new 

rules, this requirement would apply to 

both FSS and any new 17/24 GHz BSS 

space station operations. Our space path 

mitigation rules were initially written 

considering the 17/24 GHz BSS space 

stations of an earlier generation as 

potential interference sources; at that 

time we did not contemplate today’s 

space station design, that often employs 

multiple spot beams and may result in 

a cumulative interference level at the 

DBS receiver. We seek comment on 

these proposals. 

Requirements for Antenna Off-Axis 

Gain, Angular Measurement Ranges, 

and Minimum Longitudinal Separation. 

Our current rules require that 17/24 

GHz BSS space stations maintain a 

minimum longitudinal separation of at 

least 0.2° from an adjacent DBS satellite. 

This angular separation, in conjunction 

with limits on certain orbital parameters 

of space stations in both the DBS and 

17/24 GHz BSS services, bounds the 

range over which 17/24 GHz BSS 

applicants or licensees must provide offVerDate Sep<11>2014 16:45 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1
7668 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 

48 47 CFR 25.264(h) and (i). Orbital inclination is 

limited to less than 0.075° and orbital altitude may 

not exceed 35,806 km or fall below 35,766 km 

above the Earth’s surface. Although a DBS space 

station may exceed these bounds, it may not claim 

protection from any additional space path 

interference arising as a result of its excessively 

inclined or eccentric operations and may only claim 

protection as if it were operating within the defined 

bounds. See also, 17/24 GHz Space Path Report and 

Order at 8945–47, paragraphs 39–41. 

49 47 CFR 25.264(a). Specifically, measurements 

must be made over a range of ±30° from the X axis 

in the X–Z plane, and over a range of ±60° in planes 

rotated about the Z axis. This rule section also 

defines the X and Z axes using a cartesian 

coordinate system wherein the X axis is tangent to 

the geostationary orbital arc with the positive 

direction pointing east, i.e., in the direction of travel 

of the satellite; the Y axis is parallel to a line 

passing through the geographic north and south 

poles of the Earth, with the positive direction 

pointing south; and the Z axis passes through the 

satellite and the center of the Earth, with the 

positive direction pointing toward the Earth. See 

also, 17/24 GHz Space Path Report and Order at 

8941–42, paragraphs 30–31. 

50Taking the station keeping requirements of 

±0.05° into account, the required nominal 

separation between the two space stations is 0.2°. 

51Following adoption of minimum orbital 

separation requirements in the 17/24 GHz Second 

Report and Order, Spectrum Five LLC sought to 

operate from an orbital location of 119.25° W.L. 

Spectrum Five LLC’s application was granted 

although the grant later declared null and void. See 

Petition for Declaratory Ruling Regarding 17/24 

GHz Broadcasting-Satellite Service to the U.S. 

Market from the 119.25° W.L. Orbital Location, 33 

FCC Rcd 153 (IB, Sat. Div. 2012) (declaring null and 

void Spectrum Five LLC’s grant of access to the U.S. 

market for a GSO satellite to be located at the 

119.25° W.L. orbital location operating in the 

17/24 BSS satellite). 

52One approach that might permit relaxation of 

the required angular measurement range for off-axis 

antenna gain (and calculated PFD performance) 

would be to increase the minimum orbital 

separation requirement between transmitting 17.3– 

17.8 GHz space stations and DBS receiving space 

stations from 0.2 degrees to a somewhat larger 

value. Similarly, further restricting the limits placed 

on orbital inclination and eccentricity could 

accomplish this, although this would seem 

somewhat impractical. 

53Taking an east/west station keeping allowance 

of ±0.05 degrees into account a nominal orbital 

separation of 0.5 degrees results in an actual 

minimum orbital separation of 0.4 degrees. 

54Smaller orbital separations would still be 

possible if a coordination agreement is achieved 

between the FSS and DBS operators. 

55 47 CFR 25.264(a)(4) and (5). Specifically, these 

are: (1) Five megahertz above the lower edge of the 

band; (2) at the band center frequency; and (3) five 

megahertz below the upper edge of the band. A 

greater angular measurement range may be used, if 

necessary, to account for any planned spacecraft 

orientation bias or change in operating orientation 

relative to the reference coordinate system. 

56 Initially the Commission’s rules required 

analytical data to be included at the time of 

axis angular gain and PFD data.48

Sections 25.264(a) and (b) of our rules 

specify the set of angular ranges over 

which antenna off-axis gain data and 

associated PFD calculations must be 

provided to demonstrate whether the 

coordination trigger will be exceeded at 

planned or existing DBS satellite 

locations.49 SES proposes that 

transmitting FSS space stations be 

required to maintain this same 

minimum longitudinal separation of 

0.2° from adjacent DBS satellites, and 

would extend to them the same limits 

on orbital inclination and eccentricity. It 

further proposes extending to 

transmitting FSS space stations, the 

requirement to provide antenna off-axis 

gain and PFD information over the same 

angular and frequency measurement 

ranges contained in our rules for 17/24 

GHz BSS transmitting space stations. 

The required angular measurement 

ranges and associated orbital parameters 

including longitudinal separation, 

inclination and eccentricity, are interdependent values. Accordingly, the offaxis angle occurring between two 

geostationary satellites will vary as a 

result of changes in these interdependent orbital parameters. The offaxis measurement ranges specified in 

our rules for 17/24 GHz BSS satellites 

are intended to encompass the angular 

range arising between DBS and 17/24 

GHz BSS satellites with longitudinal 

separations as small as 0.1 degrees,50

while simultaneously accommodating 

operation of such space stations within 

typically observed orbital eccentricity 

and inclination values. At the time the 

current values for these parameters were 

chosen, the Commission sought to 

provide 17/24 GHz BSS operators with 

the flexibility to locate at the small 

orbital separations they then sought, 

while simultaneously requiring the 

antenna off-axis gain measurement data 

to be made within ranges considered to 

be reasonable by commenters. We note 

however, that no 17/24 GHz BSS 

operator has yet provided service from 

a location separated from a U.S.- 

licensed DBS satellite by as little as 0.2 

degrees.51 Moreover, in more recent 

instances, 17/24 GHz BSS applicants 

have sought waivers of our off-axis 

antenna gain measurement 

requirements, citing difficulties making 

measurements over the required angular 

ranges and or specified frequencies. 

In its Petition, SES proposes FSS use 

in space-to-Earth direction for gateway 

earth stations, not direct-to-home 

consumer services. For such use, FSS 

operators will not have the same 

economic incentives to locate space 

stations at such small longitudinal 

separations from DBS satellites (i.e., to 

make use of a single subscriber 

receiving antenna). Thus, we believe 

that the minimum longitudinal 

separation from DBS satellites that FSS 

space stations must maintain could be 

increased, resulting in more limited 

angular ranges over which antenna gain 

data must be measured.52 Requiring a 

minimum orbital separation between 

DBS and downlinking 17.3–17.8 GHz 

satellites of 0.5 degrees 53 would reduce 

the required angular measurement range 

in planes rotated about the Z axis to as 

little as ±20 degrees. The corresponding 

reduction in measurement range in the 

X–Z pane would reduce from ±30 

degrees to approximately ±6 degrees. 

We propose to amend § 25.264(g) of 

our rules to apply 0.5 degrees as the 

minimum orbital longitude separation 

that transmitting FSS space stations 

must maintain relative to DBS space 

stations, and to amend § 25.264(a) to 

reflect the corresponding off-axis 

measurement angles, i.e., ±10 degrees in 

the X–Z plane and ±20 degrees in planes 

rotated about the Z axis.54 We propose 

to retain our current requirements for 

orbital inclination and eccentricity, and 

propose to amend § 25.264(h) to extend 

these values to FSS space stations. We 

seek comment on these proposals, and 

we ask whether 0.2 degrees or some 

different orbital separation value, or 

other orbital parameters would be more 

appropriate. Further, we tentatively 

conclude that this same change in the 

required minimum orbital separation 

value and corresponding antenna 

measurement angles could be extended 

to 17/24 GHz BSS space stations 

transmitting in the 17.3–17.8 GHz band. 

We propose to similarly amend 

§ 25.264(a) and (g) with respect to 17/24 

GHz BSS space stations, and we seek 

comment on these options, and on 

alternatives that might be appropriate. 

Measurement Frequencies. To account 

for the frequency-dependent nature of 

antenna gain, our current rules require 

off-axis angular measurements to be 

made at a minimum of three 

measurement frequencies determined 

with respect to the entire portion of the 

17.3–17.8 GHz band over which the 

space station is designed to transmit.55

Although we propose no changes in this 

requirement, we seek comment on 

whether our rules should be revised to 

permit increased flexibility in the 

measurement frequencies. If so, 

commenters should be specific 

regarding how such a rule should be restructured. Comments should address 

how many measurement frequencies 

should be required, over what range, 

and at what separation from each other. 

Two-Part Data Submission Process. At 

present our rules require a two-part 

submission process for antenna off-axis 

gain data and associated PFD 

calculations to demonstrate 

conformance with the off-axis PFD 

coordination trigger.56 Under this 

Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 7669 

application, and measured data was required nine 

months prior to launch. The Commission later 

amended § 25.264 of our rules to provide 17/24 GHz 

BSS applicants and licensees greater flexibility, and 

to allow for finalization of antenna design. See Part 

25 Second Report and Order, 30 FCC Rcd at 14816, 

paragraphs 329–330. 

57 In bounding the timing of PFD information 

submissions by the critical design review process, 

the Commission sought to permit licensees to 

provide gain and PFD predictions at a point when 

spacecraft design would be more mature, believing 

that predictions made at that point would generally 

be more reliable than predictions made at the 

application stage. Comprehensive Review of 

Licensing and Operating Rules for Satellite 

Services, IB Docket No. 12–267, Further Notice of 

Proposed Rulemaking, 29 FCC Rcd 12116, 12166, 

paragraph 177 (2014) (Part 25 Further Notice). 

58 Ground path interference arises in reverse-band 

sharing scenarios when the off-axis uplinked 

signals transmitted by one earth station are detected 

by the receiving antenna of a nearby co-frequency 

earth station. It is analogous to space path 

interference which arising between co-frequency 

space stations as discussed above. As with space 

path interference, the severity of ground path 

interference will depend upon the transmitted 

signal power level, the off-axis gain discrimination 

characteristics of the transmitting and receiving 

antennas, and the specific orientation of, and 

separation between, the transmitting and receiving 

antennas on both earth stations. In addition, local 

geography can also influence ground path 

interference levels. 

59 ITU Radio Regulations, Appendix 7 at section 

3; Table 9b of Annex 7. 

60SES Petition at 6–7. SES further argues that the 

gateway-type receiving FSS earth stations it 

contemplates would be fewer in number and more 

resistant to interference than the ubiquitously 

deployed 17/24 GHz BSS earth stations now 

permitted in the band. Id. 

approach at an early stage in the 

process, operators submit predicted 

antenna off-axis gain data and 

associated PFD calculations at any 

identified victim (DBS) space station 

receiver. No later than two months prior 

to launch this predicted data is 

confirmed by submission of measured 

data and associated PFD calculations. 

We propose to amend § 25.264(a) 

through (e) of our rules to extend this 

requirement to FSS applicants 

proposing space-to-Earth transmissions 

in the 17.3–17.8 GHz band. We seek 

comment on this approach as well as 

whether it would serve the public 

interest to adopt a modified data 

submission process instead. We also 

seek comment on whether we should 

retain, update, or modify any part of the 

process for 17/24 GHz BSS applicants. 

In its comments to the Part 25 Second 

Report and Order, SIA argued that 

§ 25.264(c) should be revised to permit 

acceptance of simulated antenna gain 

data in place of measured data to afford 

applicants additional technical 

flexibility. In that Order, the 

Commission acknowledged that strict 

compliance with § 25.264(c) has proven 

difficult for some applicants. At that 

time, however, we declined to adopt 

SIA’s proposal to accept simulated data 

in place of gain measurements, as the 

record contained insufficient 

information to determine whether the 

simulated data would replicate the 

accuracy of the required measurements. 

To evaluate whether to permit the use 

of simulated data in place of gain 

measurements in this instance, we seek 

comment on whether and how we 

should modify the two-part submission 

process to also accept simulated data in 

lieu of measured data. We ask what 

requirements we should place on the 

simulated data to ensure accuracy of 

required calculations and effectiveness 

of our rules. Are there specific software 

programs that should be specified, or 

certain input assumptions, conditions or 

other parameters that we should 

specify? In addition to the resulting gain 

and PFD levels, what information 

should we require applicants to include 

with their showing, e.g., specific input 

assumptions, conditions or other 

parameters? If the Commission decides 

to accept simulated off-axis gain and 

associated PFD data, what other changes 

to our rules may be necessary. For 

example, is it necessary to retain the 

two-part information showing, or is a 

single simulation output sufficient? If 

so, at what point in the process should 

this information be submitted? 

Would accepting simulated gain and 

PFD data obviate a need to reduce the 

angular ranges over which such 

measurements are made, based on its 

ability to alleviate the difficulties 

applicants and licensees experience in 

providing measured data? Or rather, 

would an increased orbital separation 

between space-to-Earth transmitting FSS 

or BSS and DBS space stations alleviate 

concerns associated with relying upon 

simulated off-axis gain data for 

determining likelihood of inference, 

recognizing that at increased 

longitudinal separation, the likelihood 

for space path interference is 

significantly diminished? 

To demonstrate that the coordination 

trigger is not exceeded, § 25.264(a)(6) 

and (b)(4) of our rules require 

submission of PFD information 

calculated from the antenna off-axis 

gain data. The timing of PFD data 

submission is tied to the critical design 

review (CDR) process,57 a former 

satellite milestone requirement that was 

defined to be two years after the license 

grant. In the Part 25 Second Report and 

Order, however, the Commission 

eliminated all interim milestone 

requirements, including CDR, thereby 

creating some uncertainty with regard to 

the timing of PFD submission 

requirements. To correct this, we 

propose to replace the phrase ‘‘within 

60 days after completion of critical 

design review’’ with a requirement to 

submit information ‘‘within two years 

after license grant’’ in these rule 

sections. We seek comment on our 

proposed changes. 

Measures To Mitigate Ground Path 

Interference 

In the 17.3–17.8 GHz band, receiving 

FSS earth stations will be vulnerable to 

ground path interference from the Earthto-space transmissions from nearby cofrequency DBS feeder link earth 

stations.58 Section 25.203(m) of our 

rules contains requirements to mitigate 

ground path interference from DBS 

feeder links into BSS earth stations 

operating in the 17/24 GHz BSS. If FSS 

receiving earth stations are permitted to 

operate in the band with protected 

status with respect to DBS feeder link 

earth stations, then we will need to 

adopt analogous protection 

requirements. Below, we propose 

generally to apply the same 

coordination approach that the 

Commission adopted to facilitate 

operations between DBS and 17/24 GHz 

FSS earth stations to receiving FSS earth 

stations. We propose to apply this 

coordination approach to FSS earth 

stations in the entire 17.3–17.8 GHz 

band, although in the 17.7–17.8 GHz 

band such earth stations will not be 

entitled to protection from fixed service 

stations. As discussed below, we seek 

comment on modifications to the 

parameters used with the ITU Radio 

Regulations Appendix 7 coordination 

methodology 59 to account for 

differences between the receiving 

antennas in the two services. 

SES argues that 17 GHz FSS 

downlinks readily fit into the existing 

17/24 GHz BSS regulatory structure and 

will not constrain the placement of 

additional future DBS feeder link 

facilities. SES points out that all existing 

DBS feeder link sites are grandfathered 

and permitted to make modest changes, 

and that entities seeking to establish 

protected 17 GHz FSS receiving earth 

stations would select locations well 

away from current DBS feeder link 

facilities.60 We propose generally to 

amend § 25.203(m) of our rules to 

include receiving FSS earth stations in 

the rules. We seek comment on this 

approach and on any unforeseen effects 

it may have on incumbent DBS 

operations. We also recognize that there 

are some differences between BSS 

receiving earth stations and those FSS 

stations that may operate in the band, 

and we ask commenters for input on if, 

and how, these differences might need 

7670 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 

61 17/24 GHz BSS receiving antennas no smaller 

than 45 cm in diameter are protected from 

interference only to the extent that they conform to 

the criteria stated in ITU–R Recommendation 

BO.1213–1. 47 CFR 25.224(a). 

62 17/24 GHz Ground Path Report and Order, 32 

FCC Rcd at 3710–11, paragraphs 15–17, and 47 CFR 

25.203(m)(1). The ITU methodologies are described 

in section 2–3 to Annex 5 of Appendix 7 of the ITU 

Radio Regulations and define techniques for 

calculating a coordination area around a 

transmitting earth station. The methodologies make 

use of additional parameters defined in Table 9b to 

Annex 7, which includes the modulation type of 

the receiving earth station, various receiving earth 

station interference parameters and criteria, 

receiving earth station physical characteristics, 

reference bandwidth and permissible interference 

power levels. 

63 47 CFR 25.203(m)(1). These parameters were 

adopted in the 17/24 GHz Ground Path Report and 

Order, 32 FCC Rcd at 3710–11, paragraphs 15–17, 

as Table 9b of Annex 7 to Appendix 7 did not 

include all the values necessary to make the 

required calculations. 

to be accounted for in any rule 

modifications. We recognize, for 

example, that receiving FSS and BSS 

earth stations will have different 

antenna performance characteristics,61

and unlike 17/24 GHz BSS earth 

stations, FSS earth stations entitled to 

protection from DBS feeder link earth 

stations will not be ubiquitously 

deployed. 

Upgrades and Modifications to 

Grandfathered DBS Facilities. In the 17/ 

24 GHz Ground Path Report and Order 

the Commission grandfathered existing 

DBS earth station sites and adopted a 

two-pronged approach to allow existing 

DBS feeder link operators to modify or 

add antennas to their networks at these 

sites. Under that approach, the aggregate 

PFD resulting from the new or modified 

operations cannot exceed the PFD 

generated by the existing station 

measured at any point between three 

and ten meters above the ground. In 

addition, any new earth station antenna 

must be located within one kilometer of 

an existing authorized DBS feeder link 

earth station antenna. Otherwise, the 

new or modified earth station is subject 

to the coordination procedures in 

§ 25.203(m) of our rules, which are 

discussed below. We propose to retain 

this grandfathered status for existing 

DBS feeder link earth stations relative to 

FSS receiving earth stations, and to 

apply to FSS the same criteria for 

permitting DBS operators to modify or 

add antennas to their existing networks. 

We seek comment on these proposals. 

Coordination between DBS and FSS 

Receiving Earth Stations. The 

Commission’s rules include a 

coordination methodology to permit 

licensing of new DBS feeder link earth 

stations in the 17.3–17.8 GHz band 

while protecting co-frequency receiving 

BSS earth stations in the 17.3–17.7 GHz 

band. This rule requires a DBS operator 

with a new or modified earth station to 

complete frequency coordination with 

existing and planned 17/24 GHz BSS 

receive earth stations within an 

established coordination zone around 

its proposed site using the methodology 

outlined in Appendix 7 of the ITU 

Radio Regulations.62 Section 25.203(m) 

of our rules contains specific parameter 

values to be used in determining this 

coordination zone.63 These parameters 

however, were adopted based on the 

characteristics of BSS receiving earth 

stations, and we do not believe that they 

are necessarily appropriate to use in 

calculating the coordination zone 

relative to receiving FSS earth stations. 

Thus, we propose to modify 

§ 25.203(m)(1) to include new values for 

use in coordination of DBS feeder link 

earth stations relative to FSS earth 

stations. We seek comment on this 

conclusion and on whether different 

parameter values should be included in 

our rules, and on what these values 

should be. For example, parameters 

such as the link performance margin 

(Ms), receiver noise temperature (Te) and 

receiving antenna gain parameters (Gm, 

Gr) are specific to BSS systems. 

In addition, our rules identify certain 

information that applicants proposing 

new DBS feeder link earth station must 

provide to a third-party coordinator to 

resolve any potential interference issues 

with affected 17/24 GHz BSS receiving 

stations prior to licensing. We believe 

that the same information should also 

be provided to a third-party coordinator 

to enable coordination with affected 

FSS receiving earth stations in the 17.3– 

17.8 GHz band. Accordingly, we 

propose to apply § 25.203(m)(2) to FSS 

with no additional changes to the 

requested information. We seek 

comment on this proposal. The 

requested information is as follows: 

• The geographical coordinates of the 

proposed earth station antenna(s); 

• Proposed operating frequency 

band(s) and emission(s); 

• Antenna diameter (meters); 

• Antenna center height above 

ground and ground elevation above 

mean sea level; 

• Antenna gain pattern(s) in the plane 

of the main beam; 

• Longitude range of geostationary 

satellite orbit (GSO) satellites at which 

an antenna may be pointed; 

• Horizon elevation plot; 

• Antenna horizon gain plot(s) 

determined in accordance with the 

procedure in section 2.1 of Annex 5 to 

Appendix 7 of the ITU Radio 

Regulations; 

• Minimum elevation angle; 

• Maximum equivalent isotropically 

radiated power (e.i.r.p.) density in the 

main beam in any one-megahertz band; 

• Maximum available RF transmit 

power density in any one-megahertz 

band at the input terminals of the 

antenna(s); and 

• A plot of the coordination distance 

contour(s) and rain scatter coordination 

distance contour(s) as determined by 

Table 2 of section 3 to Appendix 7 of 

the ITU Radio Regulations. 

DBS operators needing to coordinate 

with 17.3–17.8 GHz receiving FSS earth 

station operations must be able to 

determine those locations at which 

coordination is required. Receive-only 

earth stations are generally not required 

to apply for a license or to be registered 

with the Commission, although they 

may do so in accordance with the 

provisions of § 25.115(b) of our rules, to 

receive interference protection from 

terrestrial service in bands shared coequally with the fixed service. We seek 

comment on how to facilitate 

coordination with DBS operators and to 

ensure protection from DBS feeder link 

earth station ground path interference. 

We propose that interference protection 

will be afforded to individual FSS 

receiving earth stations from DBS feeder 

link transmissions only if they have 

been licensed with the Commission, and 

we propose to amend § 25.203(m)(3) of 

our rules to reflect this requirement. We 

seek comment on these proposals. 

We propose, however, to allow 

blanket licensed FSS earth stations 

(other than earth stations in motion 

(ESIMs)) on a non-protected basis in the 

17.3–17.8 GHz band and propose to 

amend § 25.115(e) to reflect this. We 

seek comment on this proposal. SES 

asserts that the 17.3–17.7 GHz FSS 

downlink spectrum is needed to 

accommodate gateway operations, while 

other FSS bands would be used for 

ubiquitously deployed user terminals. 

SES further argues that sharing with 

incumbent services in the 17.3–17.7 

GHz band is feasible in part because 

such gateway-type FSS earth stations 

would be fewer in number and more 

resistant to interference than the widelydispersed consumer terminals. Given 

the already complex reverse-band 

sharing situation in the band, we seek 

comment on whether extending 

protection to ubiquitously deployed 

earth stations in yet another service 

could unduly constrain incumbent 

users. Commenters should discuss any 

consequences that may unduly 

constrain incumbent services as well as 

any benefits of allowing non-protected 

blanket licensed earth stations in the 

17.3–17.8 GHz band. 

Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 7671 

64See e.g., 47 CFR 2.106, nn. NG457A and 

NG527A. 

65The conventional Ka-band includes the 18.3– 

18.8 GHz (space-to-Earth), 19.7–20.2 GHz (space-toEarth), 28.35–28.6 GHz (Earth-to-space), and 29.25– 

30.0 GHz (Earth-to-space) frequency bands. 

66These include the 19.4–19.6 GHz (space-toEarth) and 29.1–29.25 GHz (Earth-to-space) 

frequency bands. 

67See 47 CFR 25.218 (allowing certain earth 

station applications to be ‘‘routinely’’ processed in 

certain frequency bands if the applicant certifies 

that the aggregate off-axis EIRP density will not 

exceed the off-axis EIRP density limits specified in 

this rule). 

68We note that nothing in this ‘‘routine’’ license 

application process proposal should be construed 

as affecting or modifying any other applicable rules 

and obligations, including for example the criteria 

in Section 25.136 governing earth station siting 

rules applicable to FSS earth stations in the 27.5– 

28.35 GHz band. See 47 CFR 25.136. 

69 47 CFR 25.212(h). This section addresses an 

alternative rules section for earth station 

applications that do not qualify for routine 

licensing. It requires a consequential modification 

to include reference to the extended Ka-band. 

In its comments AT&T asserts that we 

should make clear that any use of the 

17.3–17.7 GHz band for FSS downlinks 

would be limited to fixed earth stations. 

In reply, SES argues that the 

Commission should decline to prejudge 

this issue at the Notice stage, but rather 

should invite comment on the range of 

services that can effectively be provided 

by FSS in the band while remaining 

consistent with reasonable requirements 

to protect incumbent 17/24 GHz BSS 

and DBS operations. While receiving 

FSS earth stations in the 17.3–17.8 GHz 

band should not pose an interference 

threat to incumbent DBS, 17/24 GHz 

BSS, or fixed service operations in the 

band, ESIMs could unduly constrain 

incumbent services if there is a 

requirement to protect receiving ESIM 

stations in the band. 

At this time, we do not propose to 

amend § 25.202(a)(8) or (10) of our rules 

to permit operation of ESIMs in the 

17.3–17.8 GHz band. We ask, however, 

whether such a modification could 

increase FSS operators’ flexibility to use 

the band more efficiently, while still 

protecting and allowing sufficient 

flexibility for the operations of 

incumbent services. If so, what other 

modifications to our rules might be 

required to permit operation of ESIMs 

while protecting incumbent services 

and not imposing any undue constraints 

on their current and future operations in 

the band. The U.S. Table now includes 

footnotes in certain frequency bands 

that expressly preclude ESIMs from 

claiming protection from the 

transmissions of non-Federal stations in 

the fixed service.64 Would it be 

reasonable, for example, to allow ESIMs 

to receive FSS transmissions in the band 

if they were similarly denied protection 

from co-frequency DBS feeder link 

transmissions? We seek comment on 

this possibility, and on any 

consequences that may result to 

incumbent services. Commenter should 

discuss any benefits and costs of 

allowing ESIMs, including 

consequences affecting current and 

future use of the band by the incumbent 

satellite and fixed services. 

Finally, we ask whether there are any 

other measures we should adopt in this 

proceeding to protect FSS receiving 

earth stations from DBS feeder link 

transmissions in the 17.3–17.8 GHz 

band. 

Other Proposed Rule Changes 

Various conforming modifications to 

our rules are required as a result of the 

changes proposed above. We propose to 

modify the definition of a two-degree 

compliant space station in § 25.103 to 

include FSS satellites transmitting in 

the 17.3–17.8 GHz band. In addition, we 

propose to modify § 25.114 to identify 

17.3–17.8 GHz space-to-Earth FSS 

applicants alongside information 

requirements applicable to such 

applications, specifically in 

§ 25.114(d)(7), (15) and (18). We 

similarly propose to modify § 25.115(e) 

to identify the information required for 

receiving earth station applicants in this 

band. Finally, we modify 

§ 25.117(d)(2)(v) to permit 17.3–17.8 

GHz FSS operators to modify certain 

restrictions that might be associated 

with their licenses according to the 

same procedures afforded to 17/24 GHz 

BSS operators. We seek comment on 

these and any other needed rule 

changes. 

Radio Astronomy. We note that 

current Part 25 rules include some rules 

to coordinate with radio astronomy in 

various bands. Section 25.203(f), for 

example, requires any applicant for a 

transmitting earth station in the vicinity 

of certain radio astronomy observatory 

sites, including Green Bank, West 

Virginia, to notify the National Radio 

Astronomy Observatory. We seek 

comment on whether there is a need for 

any measures, other than those in the 

current rules, that the Commission 

should consider with respect to radio 

astronomy in the adjacent 17.2–17.3 

GHz band. 

Defining the Extended Ka-Band and 

Creating Rules for Routine License 

Application Processing in This Band 

In the Part 25 Second Report and 

Order, the Commission adopted 

definitions for conventional and 

extended C-bands, conventional and 

extended Ku-bands and the 

conventional Ka-band. At the same 

time, the Commission extended routine 

licensing processing criteria with 

respect to off-axis EIRP density limits 

for conventional C- and Ku-band earth 

stations in § 25.218 to earth station 

operations in the extended C- and Kubands. Although at that time the 

Commission neither defined the 

extended Ka-band nor extended routine 

licensing processing criteria to any such 

frequencies, we propose to do so now. 

Definition of Extended Ka-band. We 

propose to define the extended Ka-band 

in § 25.103 as 17.3–18.3 GHz (space-toEarth), 18.8–19.4 GHz (space-to-Earth), 

19.6–19.7 GHz (space-to-Earth), 27.5– 

28.35 GHz (Earth-to-space) and 28.6– 

29.1 GHz, (Earth-to-space). These are 

frequency bands that include either 

primary or secondary allocations to the 

GSO FSS, apart from the conventional 

Ka-band 65 and those bands where FSS 

use is limited solely to MSS feeder 

links.66 We seek comment on this 

proposal. 

Routine License Application 

Processing Criteria for Extended Kaband Earth Stations. Our current rules 

contain no provisions to afford 

‘‘routine’’ license application processing 

to earth stations seeking to operate in 

extended Ka-band frequencies.67 We 

propose to extend the routine license 

application processing criteria for 

conventional Ka-band earth stations 

contained in § 25.218(i) to extended Kaband earth stations communicating with 

GSO space stations. We propose 

modifications to § 25.218(a) and (j) 

consistent with this approach. Routine 

license application processing criteria 

with respect to off-axis EIRP density 

limits specified in the rules will 

expedite processing of earth station 

applications for these bands and are 

consistent with our earlier decision to 

adopt such routine processing limits for 

space station transmissions in the 

extended C- and Ku-bands. We seek 

comment on this proposal.68

In addition, § 25.212(e) affords an 

alternative approach to routine license 

application processing of FSS earth 

stations transmitting to GSO satellites in 

the conventional Ka-band that permits 

such applicants to demonstrate 

compliance with off-axis gain and 

accompanying input power density 

levels. Accordingly, we propose to 

extend this approach to earth station 

applicants seeking to operate in the 

extended Ka-bands by modifying 

§ 25.212(e) and (h) 69 to permit such 

applicants to similarly demonstrate 

compliance with the off-axis gain 

requirements in § 25.209(a) and (b) 

combined with an input power density 

limit of 3.5 dBW/MHz. We also propose 

7672 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 

70See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 

et seq., has been amended by the Contract With 

America Advancement Act of 1996, Public Law 

104–121, Title II, 110 Stat. 847 (1996) (CWAAA). 

71See 5 U.S.C. 603(a). 

72 Id. 

73 5 U.S.C. 604(a)(3). 

74 5 U.S.C. 601(6). 

75 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). 

76Small Business Act, 15 U.S.C. 632 (1996). 

77See U.S. Census Bureau, 2017 NAICS 

Definition, ‘‘517410 Satellite Telecommunications’’, 

https://www.census.gov/cgi-bin/sssd/naics/ 

naicsrch?input=517410&search=2017+NAICS+

Search&search=2017. 

78See 13 CFR 121.201, NAICS Code 517410. 

79See U.S. Census Bureau, 2012 Economic 

Census of the United States, Table ID: 

EC1251SSSZ4, Information: Subject Series—Estab 

and Firm Size: Receipts Size of Firms for the U.S.: 

2012, NAICS Code 517410, https://data.census.gov/ 

cedsci/table?text=EC1251SSSZ4&n=

517410&tid=ECNSIZE2012.

EC1251SSSZ4&hidePreview=false&vintage=2012. 

80 Id. The available U.S. Census Bureau data does 

not provide a more precise estimate of the number 

of firms that meet the SBA size standard. 

81See U.S. Census Bureau, 2017 NAICS 

Definition, ‘‘517919 All Other 

Telecommunications’’, https://www.census.gov/cgibin/sssd/naics/naicsrch?input=517919&search=

2017+NAICS+Search&search=2017. 

82 Id. 

83 Id. 

84See 13 CFR 121.201, NAICS Code 517919. 

85See U.S. Census Bureau, 2012 Economic 

Census of the United States, Table ID: 

EC1251SSSZ4, Information: Subject Series—Estab 

and Firm Size: Receipts Size of Firms for the U.S.: 

2012, NAICS Code 517919, https://data.census.gov/ 

cedsci/table?text=EC1251SSSZ4

&n=517919&tid=ECNSIZE2012.EC1251SSSZ4&

hidePreview=false. 

86 Id. The available U.S. Census Bureau data does 

not provide a more precise estimate of the number 

of firms that meet the SBA size standard of annual 

receipts of $35 million or less. 

modifications to § 25.209(a) and (b) to 

extend the Ka-band off-axis antenna 

gain requirements across the full 27.5– 

30 GHz band, and to reference these 

alternative routine license application 

processing requirements in § 25.115(g), 

(k), and § 25.220(a). We seek comment 

on these proposals. 

Procedural Matters 

Initial Regulatory Flexibility Analysis 

As required by the Regulatory 

Flexibility Act (RFA),70 the Commission 

has prepared this Initial Regulatory 

Flexibility Analysis (IRFA) of the 

possible significant economic impact on 

small entities by the policies and rules 

proposed in this Notice of Proposed 

Rulemaking (NPRM). We request 

written public comments on this IRFA. 

Commenters must identify their 

comments as responses to the IRFA and 

must file the comments by the deadlines 

for comments on the NPRM provided 

above in section IV.B. The Commission 

will send a copy of the NPRM, 

including this IRFA, to the Chief 

Counsel for Advocacy of the Small 

Business Administration.71 In addition, 

summaries of the NPRM and IRFA will 

be published in the Federal Register.72

A. Need for, and Objectives of, the 

Proposed Rules 

The NPRM seeks comment on several 

proposals relating to the Commission’s 

allocation of frequency bands for use by 

the Fixed-Satellite Service (FSS) and 

technical rules and policies for 

preventing harmful interference 

between stations operating in the FixedSatellite Service and stations operating 

in the Digital Broadcasting Satellite 

(DBS) Service and the BroadcastingSatellite Service (BSS). Adoption of the 

proposed changes would, among other 

things, permit the use of the 17.3–17.8 

GHz band in the space-to-Earth 

direction by stations in the FixedSatellite Service. 

B. Legal Basis 

The proposed action is authorized 

under 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. 154(i), 157(a), 

303(c), 303(f), 303(g), 303(r). 

C. Description and Estimate of the 

Number of Small Entities To Which the 

Proposed Rules May Apply 

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 adoption of 

proposed rules.73 The RFA generally 

defines the term ‘‘small entity’’ as 

having the same meaning as the terms 

‘‘small business,’’ ‘‘small organization,’’ 

and ‘‘small governmental 

jurisdiction.’’ 74 In addition, the term 

‘‘small business’’ has the same meaning 

as the term ‘‘small business concern’’ 

under the Small Business Act.75 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).76 Below, we 

describe and estimate the number of 

small entity licensees that may be 

affected by adoption of the proposed 

rules. 

Satellite Telecommunications. This 

category comprises firms ‘‘primarily 

engaged in providing 

telecommunications services to other 

establishments in the 

telecommunications and broadcasting 

industries by forwarding and receiving 

communications signals via a system of 

satellites or reselling satellite 

telecommunications.’’ 77 Satellite 

telecommunications service providers 

include satellite and earth station 

operators. The category has a small 

business size standard of $35 million or 

less in average annual receipts, under 

SBA rules.78 For this category, U.S. 

Census Bureau data for 2012 show that 

there were a total of 333 firms that 

operated for the entire year.79 Of this 

total, 299 firms had annual receipts of 

less than $25 million.80 Consequently, 

we estimate that the majority of satellite 

telecommunications providers are small 

entities. 

All Other Telecommunications. The 

‘‘All Other Telecommunications’’ 

category is comprised of establishments 

primarily engaged in providing 

specialized telecommunications 

services, such as satellite tracking, 

communications telemetry, and radar 

station operation.81 This industry also 

includes establishments primarily 

engaged in providing satellite terminal 

stations and associated facilities 

connected with one or more terrestrial 

systems and capable of transmitting 

telecommunications to, and receiving 

telecommunications from, satellite 

systems.82 Establishments providing 

internet services or voice over internet 

protocol (VoIP) services via clientsupplied telecommunications 

connections are also included in this 

industry.83 The SBA has developed a 

small business size standard for ‘‘All 

Other Telecommunications’’, which 

consists of all such firms with annual 

receipts of $35 million or less.84 For this 

category, U.S. Census Bureau data for 

2012 show that there were 1,442 firms 

that operated for the entire year.85 Of 

those firms, a total of 1,400 had annual 

receipts less than $25 million and 15 

firms had annual receipts of $25 million 

to $49,999,999.86 Thus, the Commission 

estimates that the majority of ‘‘All Other 

Telecommunications’’ firms potentially 

affected by our action can be considered 

small. 

We anticipate that our proposed rule 

changes may have an impact on earth 

station and space station applicants and 

licensees. Space station applicants and 

licensees, however, rarely qualify under 

the definition of a small entity. 

Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 7673 

87 5 U.S.C. 603(c)(1)–(4). 

Generally, space stations cost hundreds 

of millions of dollars to construct, 

launch, and operate. Consequently, we 

do not anticipate that any space station 

operators are small entities that would 

be affected by our proposed actions. 

D. Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements for Small Entities 

The NPRM proposes and seeks 

comment on several rule changes that 

would affect compliance requirements 

for space station operators. As noted 

above, these parties rarely qualify as 

small entities. 

For example, we propose to allow 

additional uses of the 17.3–17.8 GHz 

band, subject to compliance with 

technical limits designed to protect 

other users of the bands. 

In total, the proposals and questions 

in the NPRM are designed to achieve the 

Commission’s mandate to regulate in 

the public interest while imposing the 

lowest necessary burden on all affected 

parties, including small entities. 

E. Steps Taken To Minimize Significant 

Economic Impact on Small Entities, and 

Significant Alternatives Considered 

The RFA requires an agency to 

describe any significant, specifically 

small business, 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 and reporting requirements 

under the rules for such 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 such small entities.’’ 87

The NPRM seeks comment from all 

interested parties. The Commission is 

aware that some of the proposals under 

consideration may impact small entities. 

Small entities are encouraged to bring to 

the Commission’s attention any specific 

concerns they may have with the 

proposals outlined in the NPRM. 

The Commission expects to consider 

the economic impact on small entities, 

as identified in comments filed in 

response to the NPRM, in reaching its 

final conclusions and taking action in 

this proceeding. 

In this NPRM, the Commission invites 

comment on adding an allocation in the 

17.3–17.8 GHz band to permit the use of 

the band by the Fixed-Satellite Service 

in the space-to-Earth direction, along 

with technical rules to prevent harmful 

interference between the FSS, DBS, and 

BSS. Overall, the proposals in the 

NPRM seek to increase the use of the 

17.3–17.8 GHz band by satellite services 

while maintaining adequate protections 

against interference. 

F. Federal Rules That May Duplicate, 

Overlap, or Conflict With the Proposed 

Rules 

None. 

Ordering clauses 

Accordingly, 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. 154(i), 157(a), 

303(c), 303(f), 303(g), 303(r), this Notice 

of Proposed Rulemaking is hereby 

adopted. 

It is further ordered that the Petition 

for Rulemaking filed by SES in the 

Commission’s rulemaking proceeding 

RM–11839 is granted to the extent 

specified herein, that RM–11839 is 

incorporated into this proceeding, IB 

Docket No. 20–330, and that RM–11839 

is terminated. 

It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center will send a copy of 

this Notice of Proposed Rulemaking, 

including the initial regulatory 

flexibility analysis, to the Chief Counsel 

for Advocacy of the Small Business 

Administration, in accordance with 

Section 603(a) of the Regulatory 

Flexibility Act, 5 U.S.C. 601 et seq. 

List of Subjects 

47 CFR Part 2 

Radio, Table of frequency allocations. 

47 CFR Part 25 

Administrative practice and 

procedure, Earth stations, Satellites. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

Proposed Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

parts 2 and 25, 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 page 52; 

■ b. In the list of United States (US) 

Footnotes, remove footnote US271 and 

revise footnote US402; and 

■ c. In the list of Non-Federal 

Government (NG) Footnotes, add 

footnote NG58 and remove footnote 

NG163. 

The additions and revisions read as 

follows: 

§ 2.106 Table of Frequency Allocations. 

* * * * * 

BILLING CODE 6712–01–P 

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BILLING CODE 6712–01–C 


EP01FE21.000</GPH>
Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 7675 

* * * * * 

United States (US) Footnotes 

* * * * * 

US402 In the band 17.3–17.7 GHz, 

existing Federal satellites and associated 

earth stations in the fixed-satellite 

service (Earth-to-space) are authorized 

to operate on a primary basis in the 

frequency bands and areas listed below. 

Non-Federal receiving earth stations in 

the broadcasting-satellite and fixedsatellite services within the bands and 

areas listed below shall not claim 

protection from Federal earth stations in 

the fixed-satellite service. 

(a) 17.600–17.700 GHz for stations 

within a 120 km radius of 38°49′ N 

latitude and 76°52′ W longitude. 

(b) 17.375–17.475 GHz for stations 

within a 160 km radius of 39°42′ N 

latitude and 104°45′ W longitude. 

* * * * * 

Non-Federal Government (NG) 

Footnotes 

* * * * * 

NG58 In the band 17.3–17.8 GHz, the 

following provisions shall apply to the 

broadcasting-satellite and fixed-satellite 

services: 

(a) The use of the band 17.3–17.8 GHz 

by the broadcasting-satellite and fixedsatellite (space-to-Earth) services is 

limited to geostationary satellites. 

(b) The use of the 17.7–17.8 GHz band 

by the broadcasting-satellite service is 

limited to receiving earth stations 

located outside of the United States and 

its insular areas. 

(c) The use of the band 17.3–17.8 GHz 

by the fixed-satellite service (Earth-tospace) is limited to feeder links for 

broadcasting-satellite service. 

(d) Earth stations in the fixed-satellite 

service (space-to-Earth) in the 17.7–17.8 

GHz band shall not claim protection 

from stations in the fixed service that 

operate in that band. 

* * * * * 

PART 25—SATELLITE 

COMMUNICATIONS 

■ 3. The authority citation for part 25 

continues to read as follows: 

Authority: 47 U.S.C. 154, 301, 302, 303, 

307, 309, 310, 319, 332, 605, and 721 unless 

otherwise noted. 

■ 4. Amend § 25.103 by adding, in 

alphabetical order, a definition for 

‘‘Extended Ka-Band’’ and revising the 

definition of ‘‘Two-degree-compliant 

space station’’ to read as follows: 

§ 25.103 Definitions. 

* * * * * 

Extended Ka-band. The 17.3–18.3 

GHz (space-to-Earth), 18.8–19.4 GHz 

(space-to-Earth), 19.6–19.7 GHz (spaceto-Earth), 27.5–28.35 GHz (Earth-tospace), and 28.6–29.1 GHz (Earth-tospace) FSS frequency bands. 

* * * * * 

Two-degree-compliant space station. 

A GSO FSS space station operating in 

the conventional or extended C-bands, 

the conventional or extended Ku-bands, 

the 24.75–25.25 GHz band, or the 

conventional or extended Ka-bands 

within the limits on downlink EIRP 

density or PFD specified in 

§ 25.140(a)(3) or (b)(3) and 

communicating only with earth stations 

operating in conformance with routine 

uplink parameters specified in 

§ 25.211(d), § 25.212(c), (d), or (f), or 

§ 25.218. 

* * * * * 

■ 5. Amend § 25.114 by revising 

paragraphs (d)(7), (15) and (18) to read 

as follows: 

§ 25.114 Applications for space station 

authorizations. 

* * * * * 

(d) * * * 

(7) Applicants for authorizations for 

space stations in the Fixed-Satellite 

Service, including applicants proposing 

feeder links for space stations operating 

in the 17/24 GHz Broadcasting-Satellite 

Service, must also include the 

information specified in § 25.140(a). 

Applicants for authorizations for space 

stations in the 17/24 GHz BroadcastingSatellite Service or applicants seeking 

authorization for FSS space stations 

transmitting in the 17.3–17.8 GHz band 

(space-to-Earth), must also include the 

information specified in § 25.140(b); 

* * * * * 

(15) Each applicant for a space station 

license in the 17/24 GHz BroadcastingSatellite Service or the FSS transmitting 

in the 17.3–17.8 GHz band, shall 

include the following information as an 

attachment to its application: 

(i) If the applicant proposes to operate 

in the 17.3–17.8 GHz band, a 

demonstration that the proposed space 

station will comply with the applicable 

power flux density limits in 

§ 25.140(a)(3)(iii) or (b)(3) unless the 

applicant provides a certification under 

paragraph (d)(15)(ii) of this section. 

(ii) In cases where the proposed space 

station will not comply with the 

applicable power flux density limits set 

forth in § 25.140(a)(3)(iii) or (b)(3), the 

applicant will be required to provide a 

certification that all potentially affected 

parties acknowledge and do not object 

to the use of the applicant’s higher 

power flux densities. The affected 

parties with whom the applicant must 

coordinate are those GSO 17/24 GHz 

BSS satellite networks or FSS satellite 

networks with space stations 

transmitting in the 17.3–17.8 GHz band 

that are located up to ±6° away. 

Excesses of more than 3 dB above the 

applicable power flux density levels 

specified in § 25.140(a)(3)(iii) or (b)(3), 

must also be coordinated with 17/24 

GHz BSS satellite networks located up 

to ±10° away. 

(iii) Any information required by 

§ 25.264(a)(6), (b)(4), or (d). 

* * * * * 

(18) For space stations in the Direct 

Broadcast Satellite service, the 17/24 

GHz Broadcasting-Satellite Service, or 

FSS space stations transmitting in the 

17.3–17.8 GHz band, maximum orbital 

eccentricity. 

■ 6. Amend § 25.115 by revising 

paragraphs (e), (g) and (k)(1) to read as 

follows: 

§ 25.115 Applications for earth station 

authorizations. 

* * * * * 

(e) GSO FSS earth stations in 17.3–30 

GHz. (1) An application for a GSO FSS 

earth station license in the 17.3–19.4 

GHz, 19.6–20.2 GHz, 27.5–29.1 GHz, or 

29.25–30 GHz bands not filed on FCC 

Form 312EZ pursuant to paragraph 

(a)(2) of this section must be filed on 

FCC Form 312, Main Form and 

Schedule B, and must include any 

information required by paragraphs 

(a)(5) through (10) or (g) or (j) of this 

section. 

(2) Individual or blanket license 

applications may be filed for operation 

in the 17.3–17.8 GHz band; however, 

blanket licensed earth stations shall 

operate on an unprotected basis with 

respect to DBS feeder link earth stations. 

All receiving FSS earth stations shall 

operate on an unprotected basis with 

respect to the Fixed Service in the 17.7– 

17.8 GHz band. 

* * * * * 

(g) Applications for earth stations that 

will transmit to GSO space stations in 

any portion of the 5850–6725 MHz, 

13.75–14.5 GHz, 24.75–25.25 GHz, 

27.5–29.1 GHz, or 29.25–30.0 GHz 

bands must include, in addition to the 

particulars of operation identified on 

FCC Form 312 and associated Schedule 

B, the information specified in either 

paragraph (g)(1) or (2) of this section for 

each earth station antenna type. 

* * * * * 

(k)(1) Applicants for FSS earth 

stations that qualify for routine 

processing in the conventional or 

extended C-bands, the conventional or 

extended Ku-bands, the conventional or 

extended Ka-bands, or the 24.75–25.25 

GHz band, including ESV applications 

7676 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 

filed pursuant to paragraph (m)(1) or 

(n)(1) of this section, VMES applications 

filed pursuant to paragraph (m)(1) or 

(n)(1) of this section, and ESAA 

applications filed pursuant to paragraph 

(m)(1) or (n)(1) of this section, may 

designate the Permitted Space Station 

List as a point of communication. Once 

such an application is granted, the earth 

station operator may communicate with 

any space station on the Permitted 

Space Station List, provided that the 

operation is consistent with the 

technical parameters and conditions in 

the earth station license and any 

limitations placed on the space station 

authorization or noted in the Permitted 

Space Station List. 

(2) Notwithstanding paragraph (k)(1) 

of this section, an earth station that 

would receive signals in the 17.7–20.2 

GHz band may not communicate with a 

space station on the Permitted Space 

Station List in that band until the space 

station operator has completed 

coordination under Footnote US334 to 

§ 2.106 of this chapter. 

* * * * * 

■ 7. Amend § 25.117 by revising 

paragraph (d)(2)(v) to read as follows: 

§ 25.117 Modification of station license. 

* * * * * 

(d) * * * 

(2) * * * 

(v) Any operator of a space station 

transmitting in the 17.3–17.8 GHz band, 

whose license is conditioned to operate 

at less than the power level otherwise 

permitted by § 25.140(a)(3)(iii) and/or 

(b)(3), and is conditioned to accept 

interference from a neighboring 17/24 

GHz BSS space station, may file a 

modification application to remove 

those two conditions in the event that 

the license for that neighboring space 

station is cancelled or surrendered. In 

the event that two or more such 

modification applications are filed, and 

those applications are mutually 

exclusive, the modification applications 

will be considered on a first-come, firstserved basis pursuant to the procedure 

set forth in § 25.158. 

* * * * * 

■ 8. Amend § 25.140 by revising 

paragraphs (a)(2), (a)(3)(iii), (b)(3) 

through (5), and (d) introductory text to 

read as follows: 

§ 25.140 Further requirements for license 

applications for GSO space station 

operation in the FSS and the 17/24 GHz 

BSS. 

(a) * * * 

(2) In addition to the information 

required by § 25.114, an applicant for 

GSO FSS space station operation, 

including applicants proposing feeder 

links for space stations operating in the 

17/24 GHz BSS, that will be located at 

an orbital location less than two degrees 

from the assigned location of an 

authorized co-frequency GSO space 

station, must either certify that the 

proposed operation has been 

coordinated with the operator of the cofrequency space station or submit an 

interference analysis demonstrating the 

compatibility of the proposed system 

with the co-frequency space station. 

Such an analysis must include, for each 

type of radio frequency carrier, the link 

noise budget, modulation parameters, 

and overall link performance analysis. 

(See Appendices B and C to Licensing 

of Space Stations in the Domestic FixedSatellite Service, FCC 83–184, and the 

following public notices, copies of 

which are available in the Commission’s 

EDOCS database, available at https://

www.fcc.gov/edocs: DA 03–3863 and 

DA 04–1708.) The provisions in this 

paragraph do not apply to proposed 

analog video operation, which is subject 

to the requirement in paragraph (a)(1) of 

this section. Proposed GSO FSS spaceto-Earth transmissions in the 17.3–17.8 

GHz band are subject to the 

requirements of paragraphs (b)(4) and 

(5) of this section with respect to 

possible interference into 17/24 GHz 

BSS networks. Proposed GSO FSS 

space-to-Earth transmissions in the 

17.3–17.8 GHz band are subject to the 

requirements of § 25.264 with respect to 

possible interference to the reception of 

DBS feeder link transmissions (Earth-tospace) in this band. 

(3) * * * 

(iii) With respect to proposed 

operation in the conventional or 

extended Ka-bands, a certification that 

the proposed space station will not 

generate power flux density at the 

Earth’s surface in excess of the limits in 

paragraphs (a)(iii)(A) and (B) of this 

section, and that associated uplink 

operation will not exceed applicable 

EIRP density envelopes in § 25.218(i) 

unless the non-routine uplink and/or 

downlink operation is coordinated with 

operators of authorized co-frequency 

space stations at assigned locations 

within six degrees of the orbital location 

and except as provided in paragraph (d) 

of this section. 

(A) ¥118 dBW/m2/MHz, except as 

provided in paragraph (a)(iii)(B) of this 

section. 

(B) For space-to-Earth FSS 

transmissions in the 17.3–18.8 GHz 

band in the region of the contiguous 

United States, located west of 100 West 

Longitude: ¥121 dBW/m2/MHz. 

* * * * * 

(b) * * * 

(3) An applicant for a license to 

operate a 17/24 GHz BSS space station 

transmitting in the 17.3–17.8 GHz band 

must certify that the downlink power 

flux density on the Earth’s surface will 

not exceed the regional power flux 

density limits given in paragraphs 

(b)(3)(i) through (iv) of this section, or 

must provide the certification specified 

in § 25.114(d)(15)(ii): 

(i) In the region of the contiguous 

United States, located south of 38° 

North Latitude and east of 100° West 

Longitude: ¥115 dBW/m2/MHz. 

(ii) In the region of the contiguous 

United States, located north of 38° 

North Latitude and east of 100° West 

Longitude: ¥118 dBW/m2/MHz. 

(iii) In the region of the contiguous 

United States, located west of 100° West 

Longitude: ¥121 dBW/m2/MHz. 

(iv) For all regions outside of the 

contiguous United States including 

Alaska and Hawaii: ¥115 dBW/m2/ 

MHz. 

(4) Except among applicants for FSS 

space-to-Earth transmissions in the 

17.3–17.8 GHz band, where the 

requirements of paragraph (a)(2) of this 

section apply, a 17/24 GHz BSS or FSS 

applicant for a space station 

transmitting in the 17.3–17.8 GHz band 

to be located less than four degrees from 

a previously authorized or proposed 

space station transmitting in the 17.3– 

17.8 GHz band, must either certify that 

the proposed operation has been 

coordinated with the operator of the cofrequency space station or provide an 

interference analysis of the kind 

described in paragraph (a) of this 

section, except that the applicant must 

demonstrate that its proposed network 

will not cause more interference to the 

adjacent space station transmitting in 

the 17.3–17.8 GHz band operating in 

compliance with the technical 

requirements of this part, than if the 

applicant were located at an orbital 

separation of four degrees from the 

previously licensed or proposed space 

station. 

(5) In addition to the requirements of 

paragraphs (b)(3) and (4) of this section, 

the link budget for any satellite 

transmitting in the 17.3–17.8 GHz band 

(space-to-Earth) must take into account 

longitudinal station-keeping tolerances. 

Any applicant for a space station 

transmitting in the 17.3–17.8 GHz band 

that has reached a coordination 

agreement with an operator of another 

space station to allow that operator to 

exceed the pfd levels specified in 

§ 25.140(a)(3)(iii) or (b)(3), must use 

those higher pfd levels for the purpose 

of this showing. 

* * * * * 

Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 7677 

(d) An operator of a GSO FSS space 

station in the conventional or extended 

C-bands, conventional or extended Kubands, 24.75–25.25 GHz band (Earth-tospace), or conventional or extended Kabands may notify the Commission of its 

non-routine transmission levels and be 

relieved of the obligation to coordinate 

such levels with later applicants and 

petitioners. 

* * * * * 

■ 9. Amend § 25.203 by revising Table 

1 to paragraph (m)(1) and paragraph 

(m)(3) to read as follows: 

§ 25.203 Choice of sites and frequencies. 

* * * * * 

(m) * * * 

(1) * * * 

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BILLING CODE 6712–01–C 

* * * * * 

(3) Each applicant for such new or 

modified feeder-link earth stations shall 

file with its application memoranda of 

coordination with each co-frequency 

licensee authorized to construct BSS 

receive earth stations or an individually 

licensed FSS receive earth station 

within the coordination zone. Feeder 

link earth station applicants are not 

required to complete coordination with 

blanket-licensed receiving FSS earth 

stations in the 17.3–17.8 GHz band. 

* * * * * 

§ 25.208 [Amended] 

■ 10. Amend § 25.208 by removing and 

reserving paragraph (w). 

■ 11. Amend § 25.209 by revising the 

introductory text of paragraphs (a)(1), 

(3) and (4), and (6), and (b)(1) through 

(3) to read as follows: 

§ 25.209 Earth station antenna 

performance standards. 

(a) * * * 

(1) In the plane tangent to the GSO 

arc, as defined in § 25.103, for earth 

stations not operating in the 

conventional Ku-band, the 24.75–25.25 

GHz band, or the 27.5–30 GHz band: 

* * * * * 

(3) In the plane tangent to the GSO 

arc, for earth stations operating in the 

24.75–25.25 GHz or 27.5–30 GHz bands: 

* * * * * 

(4) In the plane perpendicular to the 

GSO arc, as defined in § 25.103, for 

earth stations not operating in the 

conventional Ku-band, the 24.75–25.25 

GHz band, or the 27.5–30 GHz band: 

* * * * * 

(6) In the plane perpendicular to the 

GSO arc, for earth stations operating in 

the 24.75–25.25 GHz or 27.5–30 GHz 

bands: 

* * * * * 

(b) * * * 

(1) In the plane tangent to the GSO 

arc, for earth stations not operating in 

the 24.75–25.25 GHz or 27.5–30 GHz 

bands: 

* * * * * 

(2) In the plane perpendicular to the 

GSO arc, for earth stations not operating 

in the 24.75–25.25 GHz or 27.5–30 GHz 

bands: 

* * * * * 

(3) In the plane tangent to the GSO arc 

or in the plane perpendicular to the 

GSO arc, for earth stations operating in 

the 24.75–25.25 GHz or 27.5–30 GHz 

bands: 

* * * * * 

■ 12. Amend § 25.210 by revising 

paragraph (f) to read as follows: 

§ 25.210 Technical requirements for space 

stations. 

* * * * * 

(f) All space stations in the FixedSatellite Service operating in any 

portion of the 3600–4200 MHz, 5091– 

5250 MHz, 5850–7025 MHz, 10.7–12.7 

GHz, 12.75–13.25 GHz, 13.75–14.5 GHz, 

15.43–15.63 GHz, 17.3–17.8 GHz (spaceto-Earth), 18.3–20.2 GHz, 24.75–25.25 

GHz, or 27.5–30.0 GHz bands, including 

feeder links for other space services, and 

in the Broadcasting-Satellite Service in 

the 17.3–17.8 GHz band (space-toEarth), shall employ state-of-the-art full 

frequency reuse, either through the use 

of orthogonal polarizations within the 

same beam and/or the use of spatially 

independent beams. This requirement 

does not apply to telemetry, tracking, 

and command operation. 

* * * * * 

■ 13. Amend § 25.212 by revising 

paragraphs (e) and (h) to read as follows: 

§ 25.212 Narrowband analog 

transmissions and digital transmissions in 

the GSO FSS. 

* * * * * 

(e) An earth station may be routinely 

licensed for digital transmission in the 

conventional or extended Ka-bands if 

the input power spectral density into 

the antenna will not exceed 3.5 dBW/ 

MHz and the application includes 

certification pursuant to § 25.132(a)(1) 

of conformance with the antenna gain 

performance requirements in § 25.209(a) 

and (b). 

* * * * * 

(h) Applications for authority for 

fixed earth station operation in the 

conventional C-band, the extended Cband, the conventional Ku-band, the 

extended Ku-band, the conventional Kaband or the extended Ka-band that do 

not qualify for routine processing under 

relevant criteria in this § 25.211 or 

25.218 are subject to the requirements in 

§ 25.220. 

■ 14. Amend § 25.218 by: 

■ a. Revising paragraph (a); 

■ b. Adding a heading for paragraph (b); 

■ c. Revising paragraphs (i) and (j). 

The revisions and addition read as 

follows: 

§ 25.218 Off-axis EIRP density envelopes 

for FSS earth stations transmitting in 

certain frequency bands. 

(a) Applicability. This section applies 

to applications for fixed and temporaryfixed FSS earth stations transmitting to 

geostationary space stations in the 

conventional C-band, extended C-band, 

conventional Ku-band, extended Kuband, conventional Ka-band, extended 

Ka-band, or 24.75–25.25 GHz, and 

applications for ESIMs transmitting in 

the conventional C-band, conventional 

Ku-band, conventional Ka-band, except 

for applications proposing transmission 

of analog command signals at a band 

edge with bandwidths greater than 1 

MHz or transmission of any other type 

of analog signal with bandwidths greater 

than 200 kHz. 

(b) Routine Processing. * * * 

* * * * * 

(i) Digital earth station operation in 

the conventional or extended Ka-band. 

(1) For co-polarized transmissions in the 

plane tangent to the GSO arc: 

* * * * * 

(j) Non-Qualifying Applications. 

Applications for authority for fixed 

earth station operation in the 

conventional C-band, extended C-band, 


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conventional Ku-band, extended Kuband, conventional Ka-band, extended 

Ka-band, or 24.75–25.25 GHz, that do 

not qualify for routine processing under 

relevant criteria in this section, § 25.211, 

or § 25.212 are subject to the 

requirements in § 25.220. 

■ 15. Amend § 25.220 by revising 

paragraph (a) to read as follows: 

§ 25.220 Non-routine transmit/receive 

earth station operations. 

(a) The requirements in this section 

apply to applications for, and operation 

of, earth stations transmitting in the 

conventional or extended C-bands, the 

conventional or extended Ku-bands, or 

the conventional or extended Ka-bands 

that do not qualify for routine licensing 

under relevant criteria in §§ 25.211, 

25.212, or 25.218. 

* * * * * 

■ 16. Revise § 25.262 to read as follows: 

§ 25.262 Licensing and domestic 

coordination requirements for 17/24 GHz 

BSS space stations and FSS space stations 

transmitting in the 17.3–17.8 GHz band. 

(a) A 17/24 GHz BSS or FSS applicant 

seeking to transmit in the 17.3–17.8 GHz 

band may be authorized to operate a 

space station at levels up to the 

maximum power flux density limits 

defined below without coordinating its 

power flux density levels with adjacent 

licensed or permitted operators, as 

follows: 

(i) For 17/24 GHz BSS applicants, up 

to the power flux density levels 

specified in § 25.140(b)(3) only if there 

is no licensed space station, or priorfiled application for a space station 

transmitting in the 17.3–17.8 GHz band 

at a location less than four degrees from 

the orbital location at which the 

applicant proposes to operate; and 

(ii) For FSS space station applicants 

transmitting in the 17.3–17.8 GHz band, 

up to the maximum power flux density 

levels in § 25.140(a)(3)(iii), only if there 

is no licensed 17/24 GHz BSS space 

station, or prior-filed application for a 

17/24 GHz BSS space station, at a 

location less than four degrees from the 

orbital location at which the FSS 

applicant proposes to operate, and there 

is no licensed FSS space station, or 

prior-filed application for an FSS space 

station transmitting in the 17.3–17.8 

GHz band, at a location less than two 

degrees from the orbital location at 

which the applicant proposes to 

operate. 

(b) Any U.S. licensee or permittee 

authorized to transmit in the 17.3–17.8 

GHz band that does not comply with the 

applicable power flux-density limits set 

forth in §§ 25.140(a)(3)(iii) and/or 

25.140(b)(3) shall bear the burden of 

coordinating with any future cofrequency licensees and permittees of a 

space station transmitting in the 17.3– 

17.8 GHz band as required in 

§ 25.114(d)(15)(ii). 

(c) If no good faith agreement can be 

reached, the operator of the FSS space 

station transmitting in the 17.3–17.8 

GHz band that does not comply with 

§ 25.140(a)(3)(iii) or the operator of the 

17/24 GHz BSS space station that does 

not comply with § 25.140(b)(3), shall 

reduce its power flux-density levels to 

be compliant with those specified in 

§§ 25.140(a)(3)(iii) and/or 25.140(b)(3) 

as appropriate. 

(d) Any U.S. licensee or permittee of 

a space station transmitting in the 17.3– 

17.8 GHz band that is required to 

provide information in its application 

pursuant to § 25.140(a)(2) or (b)(4) must 

accept any increased interference that 

may result from adjacent space stations 

transmitting in the 17.3–17.8 GHz band 

that are operating in compliance with 

the rules for such space stations 

specified in §§ 25.140(a) and (b), 

25.202(a)(9), and (e) through (g), 

25.210(i) through (j), 25.224, 25.262, 

25.264(h), and 25.273(a)(3). 

(e) Notwithstanding the provisions of 

this sections, licensees and permittees 

will be allowed to apply for a license or 

authorization for a replacement satellite 

that will be operated at the same power 

level and interference protection as the 

satellite to be replaced. 

■ 17. Amend § 25.264 by revising the 

section heading and paragraphs (a) 

introductory text, (a)(1) and (2), and (6), 

(b) introductory text, (b)(2) introductory 

text, (b)(2)(ii), (b)(3) and (4), (c), (d) 

introductory text, (d)(1)(ii), (d)(2) 

introductory text, (e) introductory text, 

(e)(1) introductory text, (e)(2) 

introductory text, (e)(3), (f) introductory 

text, (f)(2), (g), (h) introductory text, and 

(i) introductory text to read as follows: 

§ 25.264 Requirements to facilitate 

reverse-band operation in the 17.3–17.8 

GHz Band. 

(a) Each applicant or licensee for a 

space station transmitting in the 17.3– 

17.8 GHz band must submit a series of 

tables or graphs containing predicted 

off-axis gain data for each antenna that 

will transmit in any portion of the 17.3– 

17.8 GHz band, in accordance with the 

following specifications. Using a 

Cartesian coordinate system wherein the 

X axis is tangent to the geostationary 

orbital arc with the positive direction 

pointing east, i.e., in the direction of 

travel of the satellite; the Y axis is 

parallel to a line passing through the 

geographic north and south poles of the 

Earth, with the positive direction 

pointing south; and the Z axis passes 

through the satellite and the center of 

the Earth, with the positive direction 

pointing toward the Earth, the applicant 

or licensee must provide the predicted 

transmitting antenna off-axis antenna 

gain information: 

(1) In the X–Z plane, i.e., the plane of 

the geostationary orbit, over a range of 

±10 degrees from the positive and 

negative X axes in increments of 5 

degrees or less. 

(2) In planes rotated from the X–Z 

plane about the Z axis, over a range of 

±20 degrees relative to the equatorial 

plane, in increments of 10 degrees or 

less. 

* * * * * 

(6) The predictive gain information 

must be submitted to the Commission 

for each license application that is filed 

for a space station transmitting in any 

portion of the 17.3–18.8 GHz band no 

later than two years after license grant 

for the space station. 

(b) A space station applicant or 

licensee transmitting in any portion of 

the 17.3–17.8 GHz band must submit 

power flux density (pfd) calculations 

based on the predicted gain data 

submitted in accordance with paragraph 

(a) of this section, as follows: 

(1) * * * 

(2) The calculations must take into 

account the aggregate pfd levels at the 

DBS receiver at each measurement 

frequency arising from all antenna 

beams on the space station transmitting 

in the 17.3–17.8 GHz band. They must 

also take into account the maximum 

permitted longitudinal station-keeping 

tolerance, orbital inclination and orbital 

eccentricity of both the space station 

transmitting in the 17.3–17.8 GHz band 

and DBS space stations, and must: 

(i) * * * 

(ii) Indicate the extent to which the 

calculated pfd of the space station’s 

transmissions in the 17.3–17.8 GHz 

band exceed the threshold pfd level of 

¥117 dBW/m2/100 kHz at those priorfiled U.S. DBS space station locations. 

(3) If the calculated pfd exceeds the 

threshold level of ¥117 dBW/m2/100 

kHz at the location of any prior-filed 

U.S. DBS space station, the applicant or 

licensee must also provide with the pfd 

calculations a certification that all 

affected DBS operators acknowledge 

and do not object to such higher off-axis 

pfd levels. No such certification is 

required in cases where the frequencies 

assigned to the DBS and to the space 

station transmitting in the 17.3–17.8 

GHz band do not overlap. 

(4) The information and any 

certification required by paragraph (b) of 

this section must be submitted to the 

Commission for each license application 

Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 7681 

that is filed for a space station 

transmitting in any portion of the 17.3– 

17.8 GHz band no later than two years 

after license grant for the space station. 

(c) No later than two months prior to 

launch, each licensee of a space station 

transmitting in any portion of the 17.3– 

17.8 GHz band must update the 

predicted transmitting antenna off-axis 

gain information provided in 

accordance with paragraph (a) of this 

section by submitting measured 

transmitting antenna off-axis gain 

information over the angular ranges, 

measurement frequencies and 

polarizations specified in paragraphs 

(a)(1) through (5) of this section. The 

transmitting antenna off-axis gain 

information should be measured under 

conditions as close to flight 

configuration as possible. 

(d) No later than two months prior to 

launch, or when applying for authority 

to change the location of a space station 

transmitting in any portion of the 17.3– 

17.8 GHz band that is already in orbit, 

each such space station licensee must 

provide pfd calculations based on the 

measured off-axis gain data submitted in 

accordance with paragraph (c) of this 

section, as follows: 

(1) * * * 

(ii) At the location of any 

subsequently filed U.S. DBS space 

station where the pfd level in the 17.3– 

17.8 GHz band calculated on the basis 

of measured gain data exceeds ¥117 

dBW/m2/100 kHz. In this rule, the term 

‘‘subsequently filed U.S. DBS space 

station’’ refers to any co-frequency 

Direct Broadcast Satellite service space 

station proposed in a license application 

filed with the Commission after the 

operator of a space station transmitting 

in any portion of the 17.3–17.8 GHz 

band submitted the predicted data 

required by paragraphs (a) through (b) of 

this section but before submission of the 

measured data required by this 

paragraph. Subsequently filed U.S. DBS 

space stations may include foreignlicensed DBS space stations seeking 

authority to serve the United States 

market. The term does not include any 

applications (or authorizations) that 

have been denied, dismissed, or are 

otherwise no longer valid, nor does it 

include foreign-licensed DBS space 

stations that have not filed applications 

with the Commission for market access 

in the United States. 

(2) The pfd calculations must take 

into account the maximum permitted 

longitudinal station-keeping tolerance, 

orbital inclination and orbital 

eccentricity of both the transmitting 

17.3–17.8 GHz and DBS space stations, 

and must: 

* * * * * 

(e) If the aggregate pfd level calculated 

from the measured data submitted in 

accordance with paragraph (d) of this 

section is in excess of the threshold pfd 

level of ¥117 dBW/m2/100 kHz: 

(1) At the location of any prior-filed 

U.S. DBS space station as defined in 

paragraph (b)(1) of this section, then the 

operator of the space station 

transmitting in any portion of the 17.3– 

17.8 GHz band must either: 

* * * * * 

(2) At the location of any 

subsequently filed U.S. DBS space 

station as defined in paragraph (d)(1) of 

this section, where the aggregate pfd 

level submitted in accordance with 

paragraph (d) of this section is also in 

excess of the pfd level calculated on the 

basis of the predicted data submitted in 

accordance with paragraph (a) of this 

section that were on file with the 

Commission at the time the DBS space 

station application was filed, then the 

operator of the space station 

transmitting in the 17.3–17.8 GHz band 

must either: 

* * * * * 

(3) No coordination or adjustment of 

operating parameters is required in 

cases where there is no overlap in 

frequencies assigned to the DBS and the 

space station transmitting in the 17.3– 

17.8 GH band. 

(f) The applicant or licensee for the 

space station transmitting in the 17.3– 

17.8 GHz band must modify its license, 

or amend its application, as appropriate, 

based upon new information: 

(1) * * * 

(2) If the operator of the space station 

transmitting in the 17.3–17.8 GHz band 

adjusts its operating parameters in 

accordance with paragraphs (e)(1)(ii) or 

(e)(2)(ii) or this section. 

(g) Absent an explicit agreement 

between operators to permit more 

closely spaced operations, U.S. 

authorized 17/24 GHz BSS or FSS space 

stations transmitting in the 17.3–17.8 

GHz band and U.S. authorized DBS 

space stations with co-frequency 

assignments may not be licensed to 

operate at locations separated by less 

than 0.5 degrees in orbital longitude. 

(h) All operational space stations 

transmitting in the 17.3–17.8 GHz band 

must be maintained in geostationary 

orbits that: 

* * * * * 

(i) U.S. authorized DBS networks may 

claim protection from space path 

interference arising from the reverseband operations of U.S. authorized 

space stations transmitting in the 17.3– 

17.8 GHz band to the extent that the 

DBS space station operates within the 

bounds of inclination and eccentricity 

listed below. When the geostationary 

orbit of the DBS space station exceeds 

these bounds on inclination and 

eccentricity, it may not claim protection 

from any additional space path 

interference arising as a result of its 

inclined or eccentric operations and 

may only claim protection as if it were 

operating within the bounds listed 

below: 

* * * * * 

[FR Doc. 2021–00047 Filed 1–29–21; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CG Docket Nos. 13–24, 03–123, and 10– 

51; FCC 20–132; FRS 17392] 

Captioned Telephone Services Quality 

Metrics 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the Federal 

Communications Commission (FCC or 

Commission) proposes to amend the 

mandatory minimum standards 

applicable to internet Protocol 

Captioned Telephone Service (IP CTS) 

and Captioned Telephone Service (CTS) 

to include metrics for accuracy and 

caption delay and to define how testing 

and measurement of IP CTS and CTS 

provider performance should be 

conducted. 

DATES: Comments are due March 3, 

2021; reply comments are due April 2, 

2021. 

ADDRESSES: You may submit comments, 

identified by CG Docket Nos. 13–24, 03– 

123, and 10–51, by either of the 

following methods: 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

accessing the Commission’s Electronic 

Filing System (ECFS): https://

www.fcc.gov/ecfs/filings. Filers should 

follow the instructions provided on the 

website for submitting comments. For 

ECFS filers, in completing the 

transmittal screen, filers should include 

their full name, U.S. Postal service 

mailing address, and CG Docket Nos. 

13–24, 03–123, and 10–51. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. If more than one 

docket or rulemaking number appears in 

the caption of this proceeding, filers 

must submit two additional copies for 

each additional docket or rulemaking 

number. Filings can be sent by hand or