6488 Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Proposed Rules 

1 47 CFR 1.1200 et seq. 

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. 

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 §§ 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: 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

accessing the ECFS: https://

www.fcc.gov/ecfs/. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. 

Filings can be sent by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9050 

Junction Drive, Annapolis Junction, MD 

20701. 

• U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 45 L Street NE, 

Washington, DC 20554. 

• Effective March 19, 2020, and until 

further notice, the Commission no 

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-windowand-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 fcc504@

fcc.gov 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 

Nicholas.Oros@fcc.gov or 202–418– 

0636; Linda Chang of the Wireless 

Telecommunications Bureau at 

Linda.Chang@fcc.gov or 202–418–1339; 

or Julia Malette of the Space Bureau at 

Julia.Malette@fcc.gov 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 fcc504@fcc.gov 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-butdisclose’’ 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. 

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 


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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/FCC23-76A1.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 nonFederal 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/m2/4 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-bycase 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/m2/4 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 Earthto-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 nonFederal 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 prelaunch 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 


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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 PostSpace 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 Lband 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 Sband 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 (Sband) 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 


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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 


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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 

■ 1. The authority citation for part 2 

continues to read as follows: 

Authority: 47 U.S.C. 154, 302a, 303, and 

336, unless otherwise noted. 

■ 2. Amend § 2.106 paragraph (a) by 

revising the Table of Frequency 

Allocations, pages 36 and 37 to read as 

follows: 

§ 2.106 Table of Frequency Allocations. 

(a) * * * 

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ddrumheller on DSK120RN23PROD with PROPOSALS1

EP01FE24.109</GPH>ddrumheller on DSK120RN23PROD with PROPOSALS1

1700-1710 1700-1710 

FIXED FIXED 

:METEOROLOGICAL-SATELLITE (space- :METEOROLOGICALto-Earth) SATELLITE 

MOBILE except aeronautical mobile (space-to-Earth) 

MOBILE except 

5.289 5.341 aeronautical mobile 

5.289 5.341 5.384 5.341 5.341 US88 

1710-1930 1710-1761 1710-1780 

FIXED FIXED MOBILE 5.384A 5.388A 5.388B MOBILE 

5.341 US91 US378 

US385 

1761-1780 

SPACE OPERATION 

(Earth-to-space) G42 5.341 US91 

US91 US378 US385 

1780-1850 1780-1850 

FIXED MOBILE 

SPACE OPERATION 

ffiarth-to-soace) G42 

5.149 5.341 5.385 5.386 5.387 5.388 1850-2025 1850-2000 

1930-1970 1930-1970 1930-1970 FIXED 

FIXED FIXED FIXED MOBILE MOBILE 5.388A MOBILE 5.388A MOBILE 5.388A 

5.388B 5.388B 5.388B 

Mobile-satellite (Earth- 

5.388 to-space) 5.388 

5.388 

1970-1980 

FIXED MOBILE 5.388A 5.388B 

EP01FE24.110</GPH>ddrumheller on DSK120RN23PROD with PROPOSALS1

5.388 

1980-2010 

FIXED MOBILE MOBILE-SATELLITE (Earth-to-space) 5.351A 

5.388 5.389A 5.389B 5.389F 2000-2020 

2010-2025 2010-2025 2010-2025 FIXED 

FIXED FIXED FIXED MOBILE MOBILE 5.388A MOBILE MOBILE 5.388A MOBILE- 

5.388B MOBILE- 5.388B SATELLITE 

SATELLITE (Earth-to-spa

(Earth-to-space) 

2020-2025 

FIXED 

5.388 5.388 5.389C 5.389E 5.388 MOBILE 

2025-2110 2025-2110 2025-2110 

SP ACE OPERATION (Earth-to-space) (space-to-space) SPACE OPERATION FIXED NG11

EARTH EXPLORATION-SATELLITE (Earth-to-space) (space-to- (Earth-to-space) MOBILE 5.39

space) (space-to-space) Space Operatio

FIXED EARTH (Earth-to-spa

MOBILE 5.391 EXPLORATION- US94 

SPACE RESEARCH (Earth-to-space) (space-to-space) SATELLITE 

(Earth-to-space) 

(space-to-space) 

SPACE RESEARCH 

(Earth-to-space) 

(space-to-space) 5.392 US90 U

5.392 FIXED US222 

MOBILE 5.391 US346 US347 

USxxx 

5.392 US90 US92 

US222 US346 

US347 USxxx 

EP01FE24.111</GPH>ddrumheller on DSK120RN23PROD with PROPOSALS1

Table of Frequency Allocations 

MHz (UHF) 

International Table 

Region 1 Table Region 2 Table 

2110-2120 

FIXED MOBILE 5.388A 5.388B 

Region 3 Table 

SPACE RESEARCH (deep space) (Earth-to-space) 

5.388 

2120-2170 2120-2160 2120-2170 

FIXED FIXED FIXED 

MOBILE 5.388A MOBILE 5.388A MOBILE 5.388A 

5.388B 5.388B 5.388B 

Mobile-satellite 

(space-to-Earth) 

5.388 

2160-2170 

FIXED MOBILE MOBILESATELLITE (spaceto-Earth) 

5.388 5.388 5.389C 5.389E 5.388 

2170-2200 

FIXED MOBILE MOBILE-SATELLITE (space-to-Earth) 5.351A 

5.388 5.389A 5.389F 

2110

United States Table 

Federal Table Non-Federal T

2110-2120 2110-2120 

FIXED MOBILE 

US252 USxxx US252 USxxx 

2120-2200 2120-2180 

FIXED MOBILE 

NG41 

2180-2200 

FIXED MOBILE 

MOBILE-SAT

( space-to-Earth

EP01FE24.112</GPH>ddrumheller on DSK120RN23PROD with PROPOSALS1

2200-2290 2200-2290 2200-2290 

SPACE OPERATION (space-to-Earth) (space-to-space) SPACE OPERATION 

EARTH EXPLORATION-SATELLITE (space-to-Earth) (space- (space-to-Earth) 

to-space) (space-to-space) US96 

FIXED EARTH MOBILE 5.391 EXPLORATIONSPACE RESEARCH (space-to-Earth) (space-to-space) SATELLITE (space-to-Earth) 

(space-to-space) 

FIXED (line-of-sight 

only) 

MOBILE (line-of-sight US96 US303 

only including USzzz 

5.392 aeronautical telemetry, but excluding 

flight testing of 

manned aircraft) 5.391 

SPACE RESEARCH 

(space-to-Earth) 

(space-to-space) 

5.392 US303 USyyy 

USzzz 

2290-2300 2290-2300 2290-2300 

FIXED FIXED SPACE RESEMOBILE except aeronautical mobile MOBILE except ( deep space) 

SPACE RESEARCH (deep space) (space-to-Earth) aeronautical mobile (space-to-Ea

SPACE RESEARCH 

( deep space) 

(space-to-Earth) 

USxxx 

USxxx 

EP01FE24.113</GPH>ddrumheller on DSK120RN23PROD with PROPOSALS1

2300-2450 2300-2450 2300-2305 2300-2305 

FIXED FIXED Amateur 

MOBILE 5.384A MOBILE 5.384A G122 

Amateur RADIOLOCATION 2305-2310 2305-2310 

Radiolocation Amateur FIXED 

MOBILE exce

aeronautical m

RADIOLOCA

US97 G122 Amateur 

US97 
6498 Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Proposed Rules 

■ 3. Amend § 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/m2/4 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/m2/4 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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