[Federal Register Volume 86, Number 19 (Monday, February 1, 2021)]
[Proposed Rules]
[Pages 7660-7681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00047]


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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.

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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 Broadcasting-Satellite 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:
    [ssquf] Federal Communications Commission's Website: http://apps.fcc.gov/ecfs/. Follow the instructions for submitting comments.
    [ssquf] People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: <a href="/cdn-cgi/l/email-protection#88cecbcbbdb8bcc8eeebeba6efe7fe"><span class="__cf_email__" data-cfemail="44020707717470042227276a232b32">[email protected]</span></a> 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 
<a href="/cdn-cgi/l/email-protection#aceaefef999c98eccacfcf82cbc3da"><span class="__cf_email__" data-cfemail="62242121575256220401014c050d14">[email protected]</span></a> 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, <a href="/cdn-cgi/l/email-protection#453620242b6b2a282a3720052326266b222a33"><span class="__cf_email__" data-cfemail="a9daccc8c787c6c4c6dbcce9cfcaca87cec6df">[email protected]</span></a>.

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).
    <bullet> Electronic Filers. Comments may be filed electronically 
using the internet by accessing the ECFS, http://apps.fcc.gov/ecfs.
    <bullet> 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.
    <bullet> 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.
    <bullet> Effective March 19, 2020, and until further notice, the 
Commission no

[[Page 7661]]

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/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
    <bullet> Persons with Disabilities. To request materials in 
accessible formats for people with disabilities (braille, large print, 
electronic files, audio format), send an email to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="0a6c69693f3a3e4a6c6969246d657c">[email protected]</a> 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.
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    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA), 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).
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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 non-protected 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 high-throughput 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 Ka-band 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 (space-to-Earth), 27.5-28.35 GHz (Earth-to-space) and 28.6-
29.1 GHz (Earth-to-space) bands. We further propose to apply certain 
uplink power limits currently applicable to GSO FSS transmissions in 
the conventional Ka-band 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\
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    \2\ The 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.
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    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\
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    \3\ By 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%20Rulemaking%20for%2017%20GHz%20FSS%20(Mar%205%202019)
.pdf (SES Petition).
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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-to-space) 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,

[[Page 7662]]

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-to-space) and to the fixed 
service on a co-primary basis in the U.S. Table.\7\
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    \4\ Footnote 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) 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).
    \5\ Provision 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.
    \6\ Footnote 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.
    \7\ Footnote 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.
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    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, high-gain 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.
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    \8\ A 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.
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    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 in-orbit (``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.
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    \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-to-Earth) (international allocation) and 24.75-25.25 GHz 
(Earth-to-space) bands.'' 47 CFR 25.103.
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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-to-Earth 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.
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    \11\ SES 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.[agrave].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).
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    SES proposes we modify the U.S. Table to permit FSS downlinks on a 
co-primary 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.
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    \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)).
    \13\ SES 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)).
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    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

[[Page 7663]]

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 co-located 
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 
non-geostationary 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 Ka-band 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 high-throughput 
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.''
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    \14\ SES 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).
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    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 Ka-band GSO FSS downlink spectrum and on our proposed 
changes to the U.S. Table \16\ and other Commission rules.
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    \15\ There 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 
(space-to-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.
    \16\ The 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).
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    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 
bi-directional 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-
to-Earth direction. We also propose to permit authorization of FSS 
receiving

[[Page 7664]]

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-[agrave]-vis primary 
satellite operations in the band. We seek comment on these changes and 
proposals.
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    \17\ A service designated as co-primary must share operations 
with other services designated as co-primary 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).
    \18\ We also propose a consequential modification to footnote 
US402. 47 CFR 2.106.
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    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 co-primary 
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 non-Federal 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.''
---------------------------------------------------------------------------

    \19\ A 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.
    \20\ SES 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.
---------------------------------------------------------------------------

    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 interference-mitigation 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 Sec.  25.115(e). We seek comment on these proposals.
---------------------------------------------------------------------------

    \22\ As a corresponding change, we also propose to similarly 
amend note 1 to Sec.  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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 (space-to-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 co-primary vis-[agrave]-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.
---------------------------------------------------------------------------

    \24\ Prior 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 Sec.  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.
---------------------------------------------------------------------------

    We note that allowing use of the 17.7-17.8 GHz band by the FSS 
(space-to-Earth) 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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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

[[Page 7665]]

17.7-17.8 GHz band, we propose to treat FSS (space-to-Earth) operations 
on a co-primary basis vis-[agrave]-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 Sec.  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-to-Earth) transmissions in the 17.7-17.8 GHz band, 
must operate on a non-protected 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.
---------------------------------------------------------------------------

    \27\ We 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, Sec.  
78.103, and Sec.  101.111. Fixed services in the 17.8-18.3 GHz band 
would likewise not be subject to a coordination requirement vis-
[agrave]-vis FSS receiving earth stations operating in the 17.7-17.8 
GHz band.
    \28\ See 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.
---------------------------------------------------------------------------

    With respect to protecting incumbents from harmful interference, we 
note that Sec.  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 Sec.  
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 above-outlined 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 co-primary 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\

[[Page 7666]]

Compliance with the two-degree orbital separation requirements for FSS 
space stations is verified by the information certifications and 
technical showings required by Sec.  25.140(a) of our rules.
---------------------------------------------------------------------------

    \29\ We 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).
    \30\ The 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[deg] West Longitude (W.L.), 101[deg] W.L., 110[deg] 
W.L., 119[deg] W.L., 148[deg] W.L., 157[deg] W.L., 166[deg] W.L., 
and 175[deg] 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 Sec.  
25.140(a)(3) and communicating only with earth stations operating in 
conformance with routine uplink parameters specified in Sec. Sec.  
25.138(a), 25.211(d), 25.212(c), (d), or (f), 25.218, 25.221(a)(1) 
or (3), or 25.222(a)(1) or (3), 25.226(a)(1) or (3), or 25.227(a)(1) 
or (3).
---------------------------------------------------------------------------

    In its Petition, SES includes proposed modifications to both rule 
Sec. Sec.  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\
---------------------------------------------------------------------------

    \32\ The minimum four-degree separation requirement between 17/
24 GHZ BSS space stations would be unchanged. SES Petition, Rule 
Appendix.
---------------------------------------------------------------------------

    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 space-to-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 Sec. Sec.  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.
---------------------------------------------------------------------------

    \33\ 47 CFR 25.140(a) and (b) and Sec.  26.262. We also propose 
conforming changes to Sec.  25.114(d)(15) which refers to the 
showings applicants must provide with their applications.
---------------------------------------------------------------------------

    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 Sec.  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.
---------------------------------------------------------------------------

    \34\ The 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.
---------------------------------------------------------------------------

    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 Sec.  
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 
Sec.  25.208(c) that are intended to protect terrestrial systems in 
that band.\37\
---------------------------------------------------------------------------

    \35\ 47 CFR 25.208(w). Specifically, these PFD limits are: (1) 
In the region of the contiguous United States, located south of 
38[deg] North Latitude and east of 100 West Longitude: -115 dBW/
m\2\/MHz; (2) In the region of the contiguous United States, located 
north of 38[deg] North Latitude and east of 100[deg] West Longitude: 
-118 dBW/m\2\/MHz; (3) In the region of the contiguous United 
States, located west of 100 West Longitude: -121 dBW/m\2\/MHz; and 
(4) For all regions outside of the contiguous United States 
including Alaska and Hawaii: -115 dBW/m\2\/MHz. Id.
    \36\ In contrast, FSS receiving antennas in other frequency 
bands are typically subject to the requirements contained in Sec.  
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.
---------------------------------------------------------------------------

    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/
m\2\/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 two-degree 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/m\2\/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.
---------------------------------------------------------------------------

    \38\ SES Petition at 10. SES's proposed requirements are: (1) In 
the region of the contiguous United States, located south of 38[deg] 
North Latitude and east of 100[deg] West Longitude: -118 dBW/m\2\/
MHz; (2) In the region of the contiguous United States, located 
north of 38[deg] North Latitude and east of 100[deg] West Longitude: 
-118 dBW/m\2\/MHz; (3) In the region of the contiguous United 
States, located west of 100[deg] West Longitude: -121 dBW/m\2\/MHz.; 
and (4) For all regions outside of the contiguous United States 
including Alaska and Hawaii: -118 dBW/m\2\/MHz.
    \39\ This limit is more stringent compared with the most 
restrictive PFD limit of -115 dBW/m\2\/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 (space-to-Earth) and 19.7-20.2 GHz 
(space-to-Earth).
    \41\ We note that if the -118 dBW/m\2\/MHz regional PFD limit is 
met, then the angle-dependent PFD limits contained in Sec.  
25.208(c) that are intended to protect terrestrial operations in the 
17.7-17.8 GHz band will be met as well.
---------------------------------------------------------------------------

    The PFD limits contained in Sec.  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

[[Page 7667]]

Article 21 of the ITU Radio Regulations. Since Sec.  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 Sec.  
25.208, we propose to include these new PFD requirements in Sec.  
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 
Sec.  25.140(b)(3). As a consequence of this move, we also propose 
conforming updates to other paragraphs in Sec.  25.140(b)(3) \42\ and 
to rule sections that currently reference section 25.208(w) including 
Sec. Sec.  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.
---------------------------------------------------------------------------

    \42\ We propose renumbering of Sec.  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.
---------------------------------------------------------------------------

    Polarization and Full Frequency Re-Use 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 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.\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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    Cross-Polarization Isolation Requirements. Section 25.210(i) 
requires 17/24 GHz BSS transmitting space station antennas to provide 
cross-polarization 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\
---------------------------------------------------------------------------

    \45\ Historically, 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.
---------------------------------------------------------------------------

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 co-frequency 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, two-part information submission process, and 
orbital inclination and eccentricity constraints that Sec.  25.264 of 
our rules now applies to 17/24 GHz BSS space stations.
---------------------------------------------------------------------------

    \46\ This 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.
    \47\ Analogously, 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.
---------------------------------------------------------------------------

    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/m\2\/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 
Sec.  25.264 of our rules to extend the current PFD coordination 
trigger of -117 dBW/m\2\/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 Sec.  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 Sec.  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[deg] 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 
off-

[[Page 7668]]

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[deg] 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.
---------------------------------------------------------------------------

    \48\ 47 CFR 25.264(h) and (i). Orbital inclination is limited to 
less than 0.075[deg] 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 <plus-minus>30[deg] from the X axis in the X-Z 
plane, and over a range of <plus-minus>60[deg] 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.
---------------------------------------------------------------------------

    The required angular measurement ranges and associated orbital 
parameters including longitudinal separation, inclination and 
eccentricity, are inter-dependent values. Accordingly, the off-axis 
angle occurring between two geostationary satellites will vary as a 
result of changes in these inter-dependent orbital parameters. The off-
axis 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.
---------------------------------------------------------------------------

    \50\ Taking the station keeping requirements of <plus-
minus>0.05[deg] into account, the required nominal separation 
between the two space stations is 0.2[deg].
    \51\ Following 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[deg] 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[deg] 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[deg] W.L. orbital location operating in the 17/24 BSS 
satellite).
---------------------------------------------------------------------------

    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 <plus-minus>20 degrees. The 
corresponding reduction in measurement range in the X-Z pane would 
reduce from <plus-minus>30 degrees to approximately <plus-minus>6 
degrees.
---------------------------------------------------------------------------

    \52\ One 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.
    \53\ Taking an east/west station keeping allowance of <plus-
minus>0.05 degrees into account a nominal orbital separation of 0.5 
degrees results in an actual minimum orbital separation of 0.4 
degrees.
---------------------------------------------------------------------------

    We propose to amend Sec.  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 Sec.  25.264(a) to reflect the corresponding off-axis measurement 
angles, i.e., <plus-minus>10 degrees in the X-Z plane and <plus-
minus>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 Sec.  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 Sec.  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.
---------------------------------------------------------------------------

    \54\ Smaller orbital separations would still be possible if a 
coordination agreement is achieved between the FSS and DBS 
operators.
---------------------------------------------------------------------------

    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 re-structured. Comments should address how 
many measurement frequencies should be required, over what range, and 
at what separation from each other.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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

[[Page 7669]]

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 
Sec.  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.
---------------------------------------------------------------------------

    \56\ Initially the Commission's rules required analytical data 
to be included at the time of application, and measured data was 
required nine months prior to launch. The Commission later amended 
Sec.  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.
---------------------------------------------------------------------------

    In its comments to the Part 25 Second Report and Order, SIA argued 
that Sec.  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 Sec.  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, Sec.  
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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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 Earth-to-space 
transmissions from nearby co-frequency 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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 Sec.  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

[[Page 7670]]

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.
---------------------------------------------------------------------------

    \60\ SES 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.
    \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).
---------------------------------------------------------------------------

    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 Sec.  
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 Sec.  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 (M<INF>s</INF>), receiver noise temperature 
(T<INF>e</INF>) and receiving antenna gain parameters (G<INF>m</INF>, 
G<INF>r</INF>) are specific to BSS systems.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 Sec.  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:
    <bullet> The geographical coordinates of the proposed earth station 
antenna(s);
    <bullet> Proposed operating frequency band(s) and emission(s);
    <bullet> Antenna diameter (meters);
    <bullet> Antenna center height above ground and ground elevation 
above mean sea level;
    <bullet> Antenna gain pattern(s) in the plane of the main beam;
    <bullet> Longitude range of geostationary satellite orbit (GSO) 
satellites at which an antenna may be pointed;
    <bullet> Horizon elevation plot;
    <bullet> 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;
    <bullet> Minimum elevation angle;
    <bullet> Maximum equivalent isotropically radiated power (e.i.r.p.) 
density in the main beam in any one-megahertz band;
    <bullet> Maximum available RF transmit power density in any one-
megahertz band at the input terminals of the antenna(s); and
    <bullet> 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 Sec.  25.115(b) of our rules, to receive interference 
protection from terrestrial service in bands shared co-equally 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 Sec.  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 Sec.  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 widely-dispersed 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.

[[Page 7671]]

    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 Sec.  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.
---------------------------------------------------------------------------

    \64\ See e.g., 47 CFR 2.106, nn. NG457A and NG527A.
---------------------------------------------------------------------------

    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 Sec.  25.103 to 
include FSS satellites transmitting in the 17.3-17.8 GHz band. In 
addition, we propose to modify Sec.  25.114 to identify 17.3-17.8 GHz 
space-to-Earth FSS applicants alongside information requirements 
applicable to such applications, specifically in Sec.  25.114(d)(7), 
(15) and (18). We similarly propose to modify Sec.  25.115(e) to 
identify the information required for receiving earth station 
applicants in this band. Finally, we modify Sec.  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 Sec.  25.218 to earth station operations in the extended C- 
and Ku-bands. 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 Sec.  25.103 as 17.3-18.3 GHz (space-to-Earth), 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.
---------------------------------------------------------------------------

    \65\ The conventional Ka-band includes the 18.3-18.8 GHz (space-
to-Earth), 19.7-20.2 GHz (space-to-Earth), 28.35-28.6 GHz (Earth-to-
space), and 29.25-30.0 GHz (Earth-to-space) frequency bands.
    \66\ These include the 19.4-19.6 GHz (space-to-Earth) and 29.1-
29.25 GHz (Earth-to-space) frequency bands.
---------------------------------------------------------------------------

    Routine License Application Processing Criteria for Extended Ka-
band 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 Sec.  25.218(i) to extended Ka-band 
earth stations communicating with GSO space stations. We propose 
modifications to Sec.  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\
---------------------------------------------------------------------------

    \67\ See 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).
    \68\ We 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.
---------------------------------------------------------------------------

    In addition, Sec.  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 Sec.  25.212(e) and (h) \69\ to 
permit such applicants to similarly demonstrate compliance with the 
off-axis gain requirements in Sec.  25.209(a) and (b) combined with an 
input power density limit of 3.5 dBW/MHz. We also propose

[[Page 7672]]

modifications to Sec.  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 Sec.  25.115(g), (k), and Sec.  25.220(a). We seek 
comment on these proposals.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \70\ See 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).
    \71\ See 5 U.S.C. 603(a).
    \72\ Id.
---------------------------------------------------------------------------

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 Fixed-Satellite 
Service and stations operating in the Digital Broadcasting Satellite 
(DBS) Service and the Broadcasting-Satellite 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 
Fixed-Satellite 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.
---------------------------------------------------------------------------

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

    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.
---------------------------------------------------------------------------

    \77\ See 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.
    \78\ See 13 CFR 121.201, NAICS Code 517410.
    \79\ See 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.
---------------------------------------------------------------------------

    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 client-supplied 
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.
---------------------------------------------------------------------------

    \81\ See U.S. Census Bureau, 2017 NAICS Definition, ``517919 All 
Other Telecommunications'', https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=517919&search=2017+NAICS+Search&search=2017.
    \82\ Id.
    \83\ Id.
    \84\ See 13 CFR 121.201, NAICS Code 517919.
    \85\ See 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.
---------------------------------------------------------------------------

    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.

[[Page 7673]]

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\
---------------------------------------------------------------------------

    \87\ 5 U.S.C. 603(c)(1)-(4).
---------------------------------------------------------------------------

    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

0
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.

0
2. Section 2.106, the Table of Frequency Allocations, is amended as 
follows:
0
a. Revise page 52;
0
b. In the list of United States (US) Footnotes, remove footnote US271 
and revise footnote US402; and
0
c. In the list of Non-Federal Government (NG) Footnotes, add footnote 
NG58 and remove footnote NG163.
    The additions and revisions read as follows:


Sec.  2.106   Table of Frequency Allocations.

* * * * *
BILLING CODE 6712-01-P

[[Page 7674]]

[GRAPHIC] [TIFF OMITTED] TP01FE21.000

BILLING CODE 6712-01-C

[[Page 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 fixed-satellite 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[deg]49' N latitude and 76[deg]52' W longitude.
    (b) 17.375-17.475 GHz for stations within a 160 km radius of 
39[deg]42' N latitude and 104[deg]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 fixed-satellite (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-to-space) 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

0
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.

0
4. Amend Sec.  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:


Sec.  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 (space-to-Earth), 27.5-28.35 GHz 
(Earth-to-space), and 28.6-29.1 GHz (Earth-to-space) 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 Sec.  25.140(a)(3) or (b)(3) and communicating only with 
earth stations operating in conformance with routine uplink parameters 
specified in Sec.  25.211(d), Sec.  25.212(c), (d), or (f), or Sec.  
25.218.
* * * * *
0
5. Amend Sec.  25.114 by revising paragraphs (d)(7), (15) and (18) to 
read as follows:


Sec.  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 Sec.  
25.140(a). Applicants for authorizations for space stations in the 17/
24 GHz Broadcasting-Satellite 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 
Sec.  25.140(b);
* * * * *
    (15) Each applicant for a space station license in the 17/24 GHz 
Broadcasting-Satellite 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 Sec.  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 Sec.  
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 <plus-minus>6[deg] away. Excesses of more than 3 
dB above the applicable power flux density levels specified in Sec.  
25.140(a)(3)(iii) or (b)(3), must also be coordinated with 17/24 GHz 
BSS satellite networks located up to <plus-minus>10[deg] away.
    (iii) Any information required by Sec.  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.
0
6. Amend Sec.  25.115 by revising paragraphs (e), (g) and (k)(1) to 
read as follows:


Sec.  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

[[Page 7676]]

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 Sec.  2.106 of this chapter.
* * * * *
0
7. Amend Sec.  25.117 by revising paragraph (d)(2)(v) to read as 
follows:


Sec.  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 Sec.  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, first-served basis pursuant to the 
procedure set forth in Sec.  25.158.
* * * * *
0
8. Amend Sec.  25.140 by revising paragraphs (a)(2), (a)(3)(iii), 
(b)(3) through (5), and (d) introductory text to read as follows:


Sec.  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 Sec.  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 co-frequency 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 
Fixed-Satellite 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 space-to-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 Sec.  25.264 
with respect to possible interference to the reception of DBS feeder 
link transmissions (Earth-to-space) 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 Sec.  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/m\2\/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/m\2\/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 Sec.  25.114(d)(15)(ii):
    (i) In the region of the contiguous United States, located south of 
38[deg] North Latitude and east of 100[deg] West Longitude: -115 dBW/
m\2\/MHz.
    (ii) In the region of the contiguous United States, located north 
of 38[deg] North Latitude and east of 100[deg] West Longitude: -118 
dBW/m\2\/MHz.
    (iii) In the region of the contiguous United States, located west 
of 100[deg] West Longitude: -121 dBW/m\2\/MHz.
    (iv) For all regions outside of the contiguous United States 
including Alaska and Hawaii: -115 dBW/m\2\/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 co-
frequency 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 Sec.  25.140(a)(3)(iii) 
or (b)(3), must use those higher pfd levels for the purpose of this 
showing.
* * * * *

[[Page 7677]]

    (d) An operator of a GSO FSS space station in the conventional or 
extended C-bands, conventional or extended Ku-bands, 24.75-25.25 GHz 
band (Earth-to-space), or conventional or extended Ka-bands 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.
* * * * *
0
9. Amend Sec.  25.203 by revising Table 1 to paragraph (m)(1) and 
paragraph (m)(3) to read as follows:


Sec.  25.203   Choice of sites and frequencies.

* * * * *
    (m) * * *
    (1) * * *
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[[Page 7678]]

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[[Page 7679]]


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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.
* * * * *


Sec.  25.208   [Amended]

0
10. Amend Sec.  25.208 by removing and reserving paragraph (w).
0
11. Amend Sec.  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:


Sec.  25.209   Earth station antenna performance standards.

    (a) * * *
    (1) In the plane tangent to the GSO arc, as defined in Sec.  
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 Sec.  
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:
* * * * *
0
12. Amend Sec.  25.210 by revising paragraph (f) to read as follows:


Sec.  25.210   Technical requirements for space stations.

* * * * *
    (f) All space stations in the Fixed-Satellite 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 (space-to-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-to-
Earth), 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.
* * * * *
0
13. Amend Sec.  25.212 by revising paragraphs (e) and (h) to read as 
follows:


Sec.  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 Sec.  25.132(a)(1) 
of conformance with the antenna gain performance requirements in Sec.  
25.209(a) and (b).
* * * * *
    (h) Applications for authority for fixed earth station operation in 
the conventional C-band, the extended C-band, the conventional Ku-band, 
the extended Ku-band, the conventional Ka-band or the extended Ka-band 
that do not qualify for routine processing under relevant criteria in 
this Sec.  25.211 or 25.218 are subject to the requirements in Sec.  
25.220.
0
14. Amend Sec.  25.218 by:
0
a. Revising paragraph (a);
0
b. Adding a heading for paragraph (b);
0
c. Revising paragraphs (i) and (j).
    The revisions and addition read as follows:


Sec.  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 temporary-fixed FSS earth stations transmitting to geostationary 
space stations in the conventional C-band, extended C-band, 
conventional Ku-band, extended Ku-band, 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,

[[Page 7680]]

conventional Ku-band, extended Ku-band, 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, Sec.  25.211, or Sec.  25.212 
are subject to the requirements in Sec.  25.220.
0
15. Amend Sec.  25.220 by revising paragraph (a) to read as follows:


Sec.  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 Sec. Sec.  25.211, 25.212, or 
25.218.
* * * * *
0
16. Revise Sec.  25.262 to read as follows:


Sec.  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 Sec.  25.140(b)(3) only if there is no licensed 
space station, or prior-filed 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 Sec.  
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 Sec. Sec.  25.140(a)(3)(iii) and/or 
25.140(b)(3) shall bear the burden of coordinating with any future co-
frequency licensees and permittees of a space station transmitting in 
the 17.3-17.8 GHz band as required in Sec.  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 Sec.  25.140(a)(3)(iii) or the operator of the 17/24 GHz 
BSS space station that does not comply with Sec.  25.140(b)(3), shall 
reduce its power flux-density levels to be compliant with those 
specified in Sec. Sec.  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 Sec.  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 Sec. Sec.  
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.
0
17. Amend Sec.  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:


Sec.  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 <plus-minus>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 <plus-minus>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 prior-filed 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

[[Page 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/m\2\/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 foreign-licensed 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 reverse-band 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


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