[Federal Register Volume 89, Number 22 (Thursday, February 1, 2024)]
[Proposed Rules]
[Pages 6488-6498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01995]



[[Page 6488]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 2

[ET Docket No. 13-115 and RM-11341; FCC 23-76; FR ID 198084]


Allocation of Spectrum for Non-Federal Space Launch Operations

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document the Commission proposes to adopt three 
footnotes to the Table of Frequency Allocations to address the use of 
spectrum by manned and unmanned spacecraft during space missions. The 
Commission also seeks further comment on whether to include new 
spectrum allocations in specific bands for communications with cargo 
and crew capsules and payload communications with the International 
Space Station (ISS) and other crewed space stations. In addition, the 
Commission seeks further comment on expanding the use of the 2360-2395 
MHz band, both in the context of additional uses to the band as well as 
expanding use in the band beyond the three frequencies currently 
designated for telemetry and telecommand operations of launch vehicles.

DATES: Comments are due on or before March 4, 2024 and reply comments 
are due on or before April 1, 2024.

ADDRESSES: Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's 
rules, 47 CFR 1.415, 1.419, interested parties may file comments and 
reply comments on or before the dates indicated on the first page of 
this document. Comments may be filed using the Commission's Electronic 
Comment Filing System (ECFS). See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998). You may submit comments, 
identified by ET Docket No. 13-115 and RM-11341, by any of the 
following methods:
    <bullet> Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: https://www.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.
    <bullet> 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 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, 35 FCC Rcd 2788, 2788-89 (OS 2020), 
https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, computer 
diskettes, audio recordings), send an email to <a href="/cdn-cgi/l/email-protection#e0868383d5d0d4a0868383ce878f96"><span class="__cf_email__" data-cfemail="82e4e1e1b7b2b6c2e4e1e1ace5edf4">[email protected]</span></a> or call 
the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 
202-418-0432 (TTY).

FOR FURTHER INFORMATION CONTACT: Nicholas Oros of the Office of 
Engineering and Technology, at <a href="/cdn-cgi/l/email-protection#c987a0aaa1a6a5a8bae786bba6ba89afaaaae7aea6bf"><span class="__cf_email__" data-cfemail="0d43646e6562616c7e23427f627e4d6b6e6e236a627b">[email protected]</span></a> or 202-418-0636; 
Linda Chang of the Wireless Telecommunications Bureau at 
<a href="/cdn-cgi/l/email-protection#b2fedbdcd6d39cf1dad3dcd5f2d4d1d19cd5ddc4"><span class="__cf_email__" data-cfemail="531f3a3d37327d103b323d34133530307d343c25">[email protected]</span></a> or 202-418-1339; or Julia Malette of the Space 
Bureau at <a href="/cdn-cgi/l/email-protection#a7edd2cbcec689eac6cbc2d3d3c2e7c1c4c489c0c8d1"><span class="__cf_email__" data-cfemail="e7ad928b8e86c9aa868b82939382a7818484c9808891">[email protected]</span></a> or 202-418-2453.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Further Notice of Proposed Rulemaking (FNPRM), ET Docket No. 13-115 and 
RM-11341; FCC 23-76, adopted on September 21, 2023 and released on 
September 22, 2023. The full text of this document is available for 
public inspection and can be downloaded at: https://docs.fcc.gov/public/attachments/FCC-23-76A1.pdf. Alternative formats are available 
for people with disabilities (Braille, large print, electronic files, 
audio format) by sending an email to <a href="/cdn-cgi/l/email-protection#d4b2b7b7e1e4e094b2b7b7fab3bba2"><span class="__cf_email__" data-cfemail="4c2a2f2f797c780c2a2f2f622b233a">[email protected]</span></a> or calling the 
Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530 
(voice), (202) 418-0432 (TTY).
    The proceeding this Notice initiates shall be treated as a 
``permit-but-disclose'' proceeding in accordance with the Commission's 
ex parte rules.\1\ 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.
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    \1\ 47 CFR 1.1200 et seq.
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Procedural Matters

    Paperwork Reduction Act. This document may contain proposed 
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, Public Law 104-13. In 
addition, pursuant to the Small Business Paperwork Relief Act of 2002, 
Public Law 107-198, see 44 U.S.C. 3506(c)(4)), we seek specific 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, the Commission has prepared an Initial 
Regulatory Flexibility Analysis (IRFA) of the

[[Page 6489]]

possible significant economic impact on a substantial number of small 
entities of the proposals addressed in this Second Further Notice of 
Proposed Rulemaking. The IRFA is set forth in Appendix E of the FCC 
document found at https://docs.fcc.gov/public/attachments/FCC-23-76A1.pdf. Written public comments are requested on the IRFA. These 
comments must be filed in accordance with the same filing deadlines for 
comments on the Second Further Notice of Proposed Rulemaking, and 
should have a separate and distinct heading designating them as 
responses to the IRFA.

Accessing Materials

    Providing Accountability Through Transparency Act: The Providing 
Accountability Through Transparency Act requires each agency, in 
providing notice of a rulemaking, to post online a brief plain-language 
summary of the proposed rule. Accordingly, the Commission will publish 
the required summary of the Second Further Notice of Proposed 
Rulemaking at https://www.fcc.gov/proposed-rulemakings.

Synopsis

NASA Footnotes

    NTIA has requested that the Commission add three footnotes to the 
Allocation Table to address the use of spectrum by manned and unmanned 
spacecraft during space missions. The text of these requested footnotes 
is as follows:

    USxxx Use of the bands 2290-2293 MHz and 2297-2300 MHz by 
Federal and non-Federal space stations may be authorized on a 
primary basis for the specific purpose of emergency transmissions 
from manned spacecraft used in the exploration and use of outer 
space, including the Moon and other celestial bodies. This 
allocation is restricted to emergency transmissions from manned 
spacecraft when experiencing emergency situations. Additionally, the 
bands 2025-2110 MHz and 2110-2120 MHz may also be authorized on a 
primary basis for transmissions of related commands to the 
spacecraft. Such operations should be conducted in accordance with 
Recommendation ITU-R SA.1863.
    USyyy In the band 2213.5-2218.5 MHz, non-Federal space stations 
operating in the space operation service providing transportation 
service of crew to and from the International Space Station, may be 
authorized on a primary basis to transmit in the space-to-Earth 
direction, to authorized receiving stations, subject to such 
conditions as may be applied on a case-by-case basis. Such 
transmissions shall not cause harmful interference to authorized 
Federal stations. The power flux-density at the Earth's surface from 
such emissions from these non-Federal stations shall not exceed -144 
to -154 dBW/m\2\/4 kHz, depending on the angle of arrival, in 
accordance with ITU Radio Regulation No. 21.16.
    USzzz In the band 2200.2-2206.2 MHz, non-Federal space stations 
operating in the space operation service may be authorized on a 
primary basis to transmit to the International Space Station (ISS) 
while within 30 km of the ISS, subject to such conditions as may be 
applied on a case-by-case basis. Such transmissions shall not cause 
harmful interference to authorized Federal stations. The power-flux-
density of such emissions at the Earth's surface from these non-
Federal stations shall not exceed -144 to -154 dBW/m\2\/4 kHz, 
depending on the angle of arrival, in accordance with ITU Radio 
Regulation No. 21.16. ITU Radio Regulation No. 5.392 also applies.

    Draft footnote USxxx applies to emergency transmissions to and from 
manned spacecraft in two portions of the 2200-2290 MHz band as well as 
the 2025-2110 MHz and 2110-2120 MHz bands. The Commission proposes to 
add this footnote to the allocations table recognizing the importance 
of emergency communications to safeguard human life during manned space 
missions. The Commission seeks comment on this proposal. Because 
emergency communications from manned spacecraft are likely to occur 
infrequently the Commission tentatively concludes that making this 
spectrum available for this purpose will not present a significant 
interference risk to other users of these bands. As the 2200-2290 MHz 
band has a space operation allocation in the space-to-earth direction, 
permitting transmissions from spacecraft is appropriate. The 2025-2110 
MHz band has a primary Federal space operations allocation in the 
Earth-to-space direction which is consistent with making transmissions 
to manned spacecraft. The 2110-2120 MHz band has a primary space 
research service (deep space) (Earth-to-space) allocation at Goldstone 
California. Given that use of the 2110-2120 MHz for space transmissions 
is currently limited to this one location, should USXXX have a similar 
limitation on use of this band? Should any other restrictions be placed 
on the use of these bands for emergency communications for manned 
spacecraft to avoid harmful interference from occurring to other users 
of these bands?
    Draft footnote USyyy applies to transmissions to ground stations by 
non-Federal spacecraft transporting crew to and from the International 
Space Station (ISS). NASA currently has contracts with SpaceX and 
Boeing to shuttle crew members to the ISS. There is currently a federal 
Space Operation space-to-Earth allocation for the 2200-2290 MHz band, 
but the non-federal Space Operation allocation for this band is limited 
to use for pre-launch testing and space launch operations and therefore 
does not permit transmissions by crew transport spacecraft after the 
launch phase of the mission. Given the importance of reliable 
communications in safeguarding human life during manned space missions, 
the Commission proposes to add this footnote to the Allocation Table. 
The Commission tentatively concludes that the power flux limits on 
these transmissions will prevent interference from occurring to 
receivers on the earth's surface from these transmissions. The 
Commission seeks comment on this proposal.
    Draft footnote USzzz applies to spacecraft that are transmitting in 
portions of the 2200-2290 MHz band within 30 kilometers of the ISS. 
NASA has contracts with commercial companies to transport both supplies 
and crew to the ISS. These spacecraft need to communicate with the ISS 
when they are docking. As the Space Operation allocation for the 2200-
2290 MHz band is limited to use for pre-launch testing and space launch 
operations, there is no allocation that permits these non-Federal 
spacecraft to communicate with the ISS in this band. The Commission 
proposes to add this footnote to the Allocation Table in recognition of 
the importance of these space missions as well as the limited number of 
such missions which should present a minimal risk of interference 
occurring to other users of the band. As with USyyy, the Commission 
tentatively concludes that the power flux limits on these transmissions 
will prevent interference from occurring to receivers on the earth's 
surface from these transmissions. The Commission seeks comment on this 
proposal.
    NASA has adopted a transition plan that envisions deorbiting the 
ISS in early 2031. Prior to deorbiting the ISS, NASA intends to 
purchase crew time from at least two Commercial LEO Destinations 
(CLDs)--i.e., private space stations. As the projected lifetime of the 
ISS is now less than eight years, the Commission seeks comment on 
whether the new proposed footnotes USyyy and USzzz should be limited to 
spacecraft traveling to the ISS. Should these footnotes also apply to 
future manned space stations that are operated by commercial entities? 
Should they be limited to manned space stations only in low earth orbit 
or apply more generally to manned space stations anywhere beyond the 
Earth's atmosphere?

Space Operation

    In this FNPRM the Commission continues its efforts to support the 
expanding activities of the commercial

[[Page 6490]]

space sector that benefit the public interest. Specifically, the 
Commission focuses on the question of spectrum allocation and licensing 
processes for certain post-space launch activities, particularly with 
respect to certain space operations communications currently addressed 
through experimental licensing, such as crew or cargo capsules destined 
for the International Space Station (ISS), or similar operations 
planned for the future, such as spectrum requirements for commercial 
crewed space stations. Commenters also raised a number of issues that 
overlap the topics currently being considered in the Space Innovation; 
Facilitating Capabilities for In-space Servicing, Assembly, and 
Manufacturing proceeding (FCC 22-66, IB Dockets 22-271, 22-272). This 
broader range of topics will be addressed separately and concurrently 
with that proceeding, as noted in the accompanying Second Report and 
Order.
    Spectrum Allocation for Certain Post-Space Launch Payload 
Operations. The Commission seeks further comment on whether to include 
new spectrum allocations in specific bands for communications with 
cargo and crew capsules and payload communications with the ISS and 
other crewed space stations. In the FNPRM the Commission sought comment 
on whether there are improvements to the licensing process that could 
facilitate more routine licensing for certain payload activities 
currently addressed through experimental licensing. Specifically, the 
Commission noted the current use by SpaceX of S-band frequencies for 
cargo and crew capsules and links with the ISS as well as use by 
Orbital Sciences Corporation, a Northrop Grumman Systems Corporation 
Affiliate, of 2287.5 MHz (space-to-Earth) as well as 2287.5 MHz for 
links between the Cygnus spacecraft and TDRSS, and 2203.2 MHz for links 
between the Cygnus and the ISS. The Commission sought comment on 
whether any changes to the Table of Frequency Allocations being adopted 
or proposed for the 2025-2110 MHz and 2200-2290 MHz frequency bands 
were needed to provide for these cargo and crew capsule communications, 
what are the spectrum requirements for such operations, and if there 
are other frequency bands that the Commission should also consider for 
such uses.
    In response, SpaceX noted that it has, through the STA process, 
used the 2025-2110 MHz band for its Dragon capsule to communicate with 
the ISS and TDRSS, and supports an expanded approach for 2200-2290 MHz 
band, which would alleviate the need for seeking an STA to cover 
communication between SpaceX's Dragon and the ISS and TDRSS. Northrop 
Grumman also noted its use of the 2200-2290 MHz band for ISS-related 
communications and supports the inclusion of payload operations in the 
allocation for this band, which is used by its Cygnus mission. Northrop 
Grumman also suggested that the Commission adopt a fleet licensing 
process for payload activities, in specific for ISS-related activities, 
such as its Cygnus mission.
    Other commenters supported allocations in the S-band as well as the 
L-band and X-band for OOS and RPO operations generally. Industry 
Participants assert that slightly expanding the 2200-2290 MHz and 2025-
2110 MHz allocations to include RPO alongside space launch and reentry 
``would provide a safer space environment for time-critical RPO 
communications, where failure can result in loss of spacecraft, 
termination of a mission, and potentially loss of human lives.'' They 
also note that commercial operators have already invested in technology 
that supports OOS operations in the S-band. Black Sky suggests opening 
the band for all on-orbit missions to put the U.S. industry on an equal 
footing with international operators. Spaceflight recommended that the 
Commission consider 8025-8400 MHz (X-band) and 1610-1626.5 MHz (L-band) 
for secondary allocation for payload operations specifically. In 
response to Spaceflight's suggestion for allocation in the L-band, 
Globalstar asserts that allocation for inter satellite links and space-
to-space communication between a launch vehicle and satellites in the 
L-band is unnecessary and should continue to be authorized only on an 
experimental basis. In particular Globalstar focuses on the Big LEO 
band where Globalstar operates and has concerns of harmful 
interference. Federal agencies were generally opposed to changing the 
status of the S-band for payload operations as discussed in the 
accompanying Second Report and Order, however NTIA, NASA, DOD, and DOC 
note that the 2360-2395 MHz band could be used as an alternative to 
expanding allocation in 2200-2290 MHz band. The Commission considers 
this alternative in further discussion below.
    As discussed in the accompanying Second Report and Order, the 
Commission concludes that deliberations for providing S-band, or other 
possible bands (such as L-band and X-band suggestions by Spaceflight), 
allocation for OOS/RPO more generally be continued via the ongoing ISAM 
proceeding. However, the Commission seeks further comment on possible 
necessary changes to the Table of Frequency Allocations to account for 
space-to-space communications between a crew or cargo capsule and 
crewed space stations, including in bands outside the S-band. Do the 
three footnotes requested by NTIA meet this need? Should the Commission 
adopt an allocation for ISS-related space-to-space communications in 
this proceeding? Should the Commission expand such an allocation to 
account for future crewed space stations and operations not connected 
to the ISS? Should the rules addressing these operations be included in 
part 25 of the FCC's rules?
    Suborbital Spaceflight Operations. Additionally, the Commission 
seeks further comment on spectrum allocation and licensing needs 
related to suborbital spaceflight. Are there aspects of suborbital 
commercial spaceflight that fall outside of the definition the 
Commission has adopted for space launch operations that requires 
further licensing and spectrum allocation considerations? In response 
to the FNPRM, Virgin Galactic noted its use, through experimental 
licensing, of the VHF band, L-band, and S-band for its suborbital 
flights and suggested that the Commission develop and adopt rules 
allowing allocation for commercial spaceflight operations in these 
bands. Specifically, Virgin Galactic has operated in the 123.225 MHz, 
123.275 MHz, 123.375 MHz, 123.450 MHz, and 123.525 MHz (VHF) 
frequencies, the 1445.5 MHz, 1451.5 MHz, 1462.5 MHz, 1470.5 MHz 1480.5 
MHz (L-band) frequencies, and the 2360-2390 MHz (S-band) frequencies. 
Communications in these bands have included telemetry as well as video 
and voice communications. The Second Report and Order the Commission 
adopted has limited use of the S-band to telemetry and tracking 
communications for launch under part 26. Should the Commission 
establish allocations beyond experimental or STA licensing for voice or 
video communications for these types of crewed suborbital spaceflight 
operations?
    In further considering communication related to crewed suborbital 
operations the Commission notes the importance of safety of life 
communications. Currently, operators who obtain experimental licensing 
approvals or STAs for these activities are communicating on a non-
protected, non-interference basis and must cease operations in the 
event interference with a primary or secondary allocated operator 
occurs. The Commission seeks comment on how it should ensure a

[[Page 6491]]

more permanent level of protection for suborbital spaceflight operation 
communications, while recognizing the need to avoid harmful 
interference with other important operations in already encumbered 
bands. Should any of the portions of the VHF, L-band, or S-band that 
have been authorized experimentally for communications beyond telemetry 
be allocated for suborbital spaceflight operations on a primary or 
secondary basis? Are there other bands beyond those the Commission is 
considering today that might be suitable for these operations?

Use of 2360-2395 MHz Band or Other Bands for Commercial Space Launch

    Three frequencies in the 2360-2395 MHz band are available for both 
Federal and non-Federal telemetry and telecommand operations of launch 
vehicles. Beyond these three frequencies, the band is assigned 
primarily for aeronautical telemetry and telecommand operations for 
flight testing of aircraft and missiles. In the FNPRM, the Commission 
requested comment on changes that it could take in administering the 
2360-2395 MHz space launch rules. For example, the Commission sought 
comment on whether it should administer the 2360-2395 MHz space launch 
use, which is currently regulated under subpart J of the Commission's 
part 87 rules, under the same rule part as the commercial space launch 
rules applicable to the 2200-2290 MHz band adopted in the Second R&O or 
retain the current part 87 designation.
    In response to the FNPRM, certain commenters filed in support of 
expanding space launch use in the 2360-2395 MHz band. For example, 
SpaceX argues that uses of the band should extend to the full range of 
space operations, while Virgin Galactic encourages the Commission to 
ensure that any primary allocation of the band, as well as associated 
service and technical rules, facilitate telemetry and video downlink, 
which it states is consistent with Virgin Galactic's use of the 
spectrum to monitor the health and safety of its spaceflight 
participants and crew. NTIA, NASA, and DOD advocate the use of the 
2360-2395 MHz band as an alternative to the 2200-2290 MHz and 2025-2110 
MHz bands, arguing that the three existing frequencies in the 2360-2395 
MHz band provide additional spectrum.
    AFTRCC, however, argues that there should not be an expansion of 
the band and urges the Commission to limit the allocation in that band 
to just the three channels already allocated for space launches, and 
avoid proposing allocations for space operations that include bands 
needed for flight testing and space launches. In support, AFTRCC 
asserts that space launches create large interference cones to flight 
test operations, and that even a few seconds of interference could 
disrupt the most critical portions of a flight test and would add a 
significant risk factor to aircraft flight tests in this band. 
Similarly, Boeing advises that the Commission should exercise caution 
with respect to the use of additional portions of the 2360-2395 MHz 
band for launch operations or in-orbit activities. Boeing asserts that 
the greater 2360-2395 MHz band is heavily used to support non-federal 
flight test operations in locations throughout the United States, and 
that use of the band by commercial aircraft manufacturers is intensive 
and increasing.
    The Commission seeks further comment on expanding the use of the 
2360-2395 MHz band, both in the context of additional uses to the band 
as well as expanding use in the band beyond the three frequencies 
currently designated. While the Commission is aware that this band is 
heavily used for flight test purposes and agrees that it should proceed 
cautiously with respect to measures that have the potential to 
introduce additional interference to operations in the band, the 
Commission also recognizes that the 2200-2290 MHz and 2025-2110 MHz 
bands may not accommodate the increasing numbers of operations in the 
future. While the Commission finds that providing space launch 
operators with increased certainty regarding access to the 2200-2290 
MHz and 2025-2110 MHz band is in the public interest and that careful 
coordination will be effective in enabling use of these bands, the 
record supports further review of additional spectrum options. 
Accordingly, the Commission seeks to better understand the current use 
of the 2360-2395 MHz band. The Commission seeks information on how both 
flight testing and launch operations in the band are coordinated and 
conducted, and whether there are measures that could help increase use 
by space launch operations without increasing the risk of interference 
to flight test operations. For example, space launch operations in the 
band are subject to pre-grant frequency coordination, but do not have a 
coordination requirement once an authorization is granted. Would 
revising the 2360-2395 MHz band rules to apply provisions that are now 
applicable to the 2200-2290 MHz and 2025-2110 MHz band, including the 
per launch coordination requirement, help to facilitate increased use 
of space launch operations in the 2360-2395 MHz band?
    Further, the Commission received limited comment on how to 
administer rules relating to the 2360-2395 MHz band, in particular 
comment regarding whether and how to harmonize existing 2360-2395 MHz 
licensing and technical rules with rules now applicable to the 2200-
2290 MHz and 2025-2110 MHz band. Accordingly, the Commission seeks 
further comment on certain 2360-2395 MHz issues that were first raised 
in the FNPRM. The Commission requests additional comment on how best to 
administer the space launch rules for this band. Should the Commission 
incorporate the 2360-2395 MHz space launch use into new part 26 or 
should it retain the part 87 designation? If the Commission administers 
the 2360-2395 MHz space launch use under the new rule part, should the 
Commission revises its rules to apply the same non-exclusive licensing 
scheme the Commission adopts today or retain the existing licensing 
framework provided under the current part 87 flight testing rules? In 
that event, should the Commission continues to apply the technical 
rules currently applicable to these services? The Commission also notes 
that space launch telemetry and telecommand operations in the 2360-2395 
MHz band occur under a Mobile allocation. The Commission seeks further 
comment on whether it should add a primary Space Operation allocation 
to the band, subject to the same restrictions as apply to such 
operations under the Mobile allocation as specified in footnote US276 
of the U.S. Table. Further, Industry Participants state that, while 
they appreciate the suggestion of increased 2360-2395 MHz band use in 
light of congestion in the S-band, the International Table of Frequency 
Allocations reserves this band for Fixed Service, Mobile Service, 
Amateur, and Radiolocation services, and consequently it would be 
necessary to modify that allocation to permit use of that band at the 
international level. Industry Participants state that a failure to 
obtain such a modification would be a hardship for on-orbit operators 
seeking mission support from non-U.S. ground stations. The Commission 
requests comment regarding this issue.
    With respect to additional spectrum options for space launch 
operations, Virgin Galactic suggests that the Commission expand the use 
of the 1435-1525 MHz band for telemetry and safety of flight during 
spaceflight operations. As in the case of the 2360-2395 MHz band, the 
1435-1525 MHz band is assigned primarily for

[[Page 6492]]

aeronautical telemetry and telecommand functions associated with flight 
testing. Space launch and reentry operations are permissible uses of 
the band. AFTRCC, however, argues that this band is the ``workhorse 
spectrum'' for aeronautical flight testing, and that interference with 
sensitive flight test equipment risks pilot safety and the success of 
test maneuvers. Accordingly, says AFTRCC, this band should be reserved 
for aeronautical mobile telemetry uses. The Commission seeks comment on 
whether the 1435-1525 MHz band can effectively accommodate space launch 
operations, or whether such use should be discouraged despite being 
permissible under our rules. As in the case with the 2360-2395 MHz band 
above, the Commission seeks information regarding the current usage of 
this band, how operations are conducted and coordinated, and whether 
there are measures that may be taken to successfully integrate space 
launch use along with flight test operations. Would per launch 
coordination including an enhanced scheduling mechanism be helpful? To 
the extent that commenters agree that space launch activities can occur 
along with flight test operations, the Commission request that 
commenters also speak to any changes--similar to those discussed above 
for the 2360-2395 MHz band--the Commission should make to harmonize any 
space launch use in this band with rules applicable to the 2200-2290 
MHz and 2025-2110 MHz bands. However, in the event that commenters 
believe that increased use of either of these bands for space launch 
uses should not be accommodated, the Commission requests comment on 
other spectrum bands that may be appropriate candidates.

Ordering Clauses

    Accordingly, it is ordered that pursuant to Sections 1, 2, 4(i), 
5(c), 301, 303(c), 303(f), and 303(r) of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 152, 154(i), 155(c), 301, 303(c), 
303(f), and 303(r), and section 1.411 of the Commission's rules, 47 CFR 
1.411, this Second Report and Order and Second Further Notice of 
Proposed Rulemaking is hereby adopted.
    It is further ordered that the Office of the Secretary, Reference 
Information Center, shall send a copy of the Second Report and Order 
and Second Further Notice of Proposed Rulemaking including the Final 
Regulatory Flexibility Analysis and the Initial Regulatory Flexibility 
Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 2 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.

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2. Amend Sec.  2.106 paragraph (a) by revising the Table of Frequency 
Allocations, pages 36 and 37 to read as follows:


Sec.  2.106  Table of Frequency Allocations.

    (a) * * *
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3. Amend Sec.  2.106 by adding (c)(96)(i) through (iii) to read as 
follows:
    (c) * * *
    (96) * * *
    (i) USxxx Use of the bands 2290-2293 MHz and 2297-2300 MHz by 
Federal and non-Federal space stations may be authorized on a primary 
basis for the specific purpose of emergency transmissions from manned 
spacecraft used in the exploration and use of outer space, including 
the Moon and other celestial bodies. This allocation is restricted to 
emergency transmissions from manned spacecraft when experiencing 
emergency situations. Additionally, the bands 2025-2110 MHz and 2110-
2120 MHz may also be authorized on a primary basis for transmissions of 
related commands to the spacecraft. Such operations should be conducted 
in accordance with Recommendation ITU-R SA.1863.
    (ii) USyyy In the band 2213.5-2218.5 MHz, non-Federal space 
stations operating in the space operation service providing 
transportation service of crew to and from the International Space 
Station, may be authorized on a primary basis to transmit in the space-
to-Earth direction, to authorized receiving stations, subject to such 
conditions as may be applied on a case-by-case basis. Such 
transmissions shall not cause harmful interference to authorized 
Federal stations. The power flux-density at the Earth's surface from 
such emissions from these non-Federal stations shall not exceed -144 to 
-154 dBW/m\2\/4 kHz, depending on the angle of arrival, in accordance 
with ITU Radio Regulation No. 21.16.
    (iii) USzzz In the band 2200.2-2206.2 MHz, non-Federal space 
stations operating in the space operation service may be authorized on 
a primary basis to transmit to the International Space Station (ISS) 
while within 30 km of the ISS, subject to such conditions as may be 
applied on a case-by-case basis. Such transmissions shall not cause 
harmful interference to authorized Federal stations. The power-flux-
density of such emissions at the Earth's surface from these non-Federal 
stations shall not exceed -144 to -154 dBW/m\2\/4 kHz, depending on the 
angle of arrival, in accordance with ITU Radio Regulation No. 21.16. 
ITU Radio Regulation No. 5.392 also applies.
* * * * *
[FR Doc. 2024-01995 Filed 1-31-24; 8:45 am]
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