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[Federal Register Volume 89, Number 234 (Thursday, December 5, 2024)]
[Rules and Regulations]
[Pages 96590-96602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28390]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 25

[IB Docket No. 22-273; FCC 24-97; FR ID 260367]

NGSO Fixed-Satellite Service (Space-to-Earth) Operations in the 
17.3-17.8 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission (FCC 
or Commission) adopts rules to permit use

[[Page 96591]]

of the 17.3-17.7 GHz band by non-geostationary satellite orbit (NGSO) 
space stations operating in the fixed-satellite service (FSS) in the 
space-to-Earth (downlink) direction. The Report and Order modifies the 
United States Table of Frequency Allocations (U.S. Table) to enable 
NGSO FSS to operate in the 17.3-17.8 GHz band in the downlink direction 
on a co-primary basis with incumbent services and on a shared, co-
primary basis with geostationary satellite orbit (GSO) services. The 
Report and Order also enables NGSO FSS downlink use of the 17.7-17.8 
GHz band on a co-primary basis with GSO services and on an unprotected 
basis with respect to terrestrial fixed services. The Commission 
additionally adopts technical requirements to establish safeguards to 
reduce the likelihood of harmful interference to incumbent operators. 
The actions taken in the Commission's Report and Order promote spectrum 
efficiency, foster competition and U.S. leadership, and expand the 
ability of satellite operators to deploy advanced services, including 
high-speed internet access to unserved and underserved areas.

DATES: Effective on January 6, 2025. The incorporation by reference of 
certain material listed in this rule was approved by the Director of 
the Federal Register as of May 31, 2018.

FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, contact Carolyn Mahoney of the Space Bureau Satellite 
Programs and Policy Division, Space Bureau, at (202) 418-7168 or 
[email protected].

SUPPLEMENTARY INFORMATION:  This is a summary of the Commission's 
Report and Order, in IB Docket No. 22-273, FCC 24-70, adopted on 
September 26, 2024, and released on September 27, 2024. The full text 
of this document is available at https://www.fcc.gov/document/fcc-unlocks-spectrum-support-advanced-satellite-services-0.

Final Regulatory Flexibility Analysis

    The Regulatory Flexibility Act of 1980, as amended (RFA), requires 
that an agency prepare a regulatory flexibility analysis for notice and 
comment rulemakings, unless the agency certifies that ``the rule will 
not, if promulgated, have a significant economic impact on a 
substantial number of small entities.'' The Commission has prepared an 
Final Regulatory Flexibility Analysis (FRFA) concerning the potential 
impact of the rule changes in the Report and Order. The FRFA is set 
forth in the appendix of the FCC Document https://www.fcc.gov/document/fcc-changes-certain-space-station-regulatory-fees-fy-2024 and a summary 
is included in the Procedural Matters section below.

Final Paperwork Reduction Act Analysis

    The Report and Order does not contain new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13. In addition, the Commission notes that 
pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 
107-198, see 44 U.S.C. 3506(c)(4), the Commission previously sought 
specific comment on how the Commission might further reduce the 
information collection burdens for small business concerns with fewer 
than 25 employees. In the Report and Order, the Commission assessed the 
effects of its adoption of rules implementing the Part 25 licensing and 
operating provisions and technical requirements. The Commission finds 
that such requirements are unlikely to directly impact businesses with 
fewer than 25 employees.

Congressional Review Act

    The Commission has determined, and the Administrator of the Office 
of Information and Regulatory Affairs, Office of Management and Budget, 
concurs that this rule is non-major under the Congressional Review Act, 
5 U.S.C. 804(2). The Commission will send a copy of the Report and 
Order to Congress and the Government Accountability Office, pursuant to 
5 U.S.C. 801(a)(1)(A).

Synopsis

I. Introduction

    In the Report and Order, the Commission adopts rule changes to 
permit use of the 17.3-17.8 GHz band by NGSO operators in the FSS in 
the downlink direction. This action provides a contiguous 1300 MHz of 
spectrum for NGSO FSS downlink operations, allowing for technologically 
innovating and enhanced satellite services to the benefit of American 
consumers. The allocations in the Report and Order align the U.S. Table 
with the International Table of Allocations to provide a more cohesive 
global framework for FSS operators and maximize the efficient use of 
the 17 GHz band spectrum.
    The Report and Order specifically permits use of the 17.3-17.7 GHz 
band for NGSO FSS downlink operations on a co-primary basis with other 
primary incumbent services operating in the band and on a shared, co-
primary basis with GSO space stations. The Commission also permits NGSO 
FSS downlink use of the 17.7-17.8 GHz band on a co-primary basis with 
GSO FSS operations and on an unprotected basis with respect to 
terrestrial fixed services. The Commission accordingly amends the 
United States Table of Frequency Allocations and 47 CFR part 2 and 
modifies 47 CFR part 25 to authorize NGSO FSS operations in the 17 GHz 
band.
    In permitting use of the 17 GHz band for NGSO FSS operators, the 
Report and Order adopts technical rules to facilitate operations 
between NGSO FSS downlink services and incumbent providers operating in 
the 17.3-17.8 GHz band. The technical measures adopted in the Report 
and Order also create a more consistent regulatory framework in the 17 
GHz band. Specifically, the Commission requires that NGSO FSS operators 
comply with the power limits established by the International 
Telecommunications Union (ITU) applicable to Region 2. The Report and 
Order adopts the ITU equivalent power flux density (EPFD) limits 
applicable in the 17.3-17.8 GHz band and power flux density limits 
(PFD) limits applicable in the 17.7-17.8 GHz band, and further extends 
both sets of power limits to the entire 17.3-17.8 GHz band to protect 
incumbent operators.
    The Report and Order additionally extends the authorization of 
individual and blanket-licensed earth stations in the 17.3-17.8 GHz 
band to include NGSO FSS earth stations. Blanket licenses in the 17.7-
17.8 GHz bands will be authorized for operation on an unprotected basis 
with respect to current and future systems operating in the fixed 
service. The Report and Order also revises the Commission's rules to 
include the 17.3-17.7 GHz and 17.7-17.8 GHz bands in list of 
frequencies available for use by Earth Stations in Motion (ESIMs) 
communicating with NGSO FSS space stations.
    The following standards appear in the amendatory text of this 
document and were previously approved for the locations in which they 
appear: 2016 ITU Radio Regulations, Article 21, Section V and Article 
22, Section II.

II. Background

    The Table of Frequency Allocations is comprised of the 
International Table of the ITU Radio Regulations (International Table) 
and the U.S. Table. In Region 2 of the International Table, the 17.3-
17.7 GHz band is allocated to FSS operations (in both uplink (Earth-to-
space) and downlink (space-to-Earth) directions and to the 
broadcasting-satellite service (BSS) on a co-primary basis, as well as

[[Page 96592]]

to the radiolocation service on a secondary basis. The adjacent 17.7-
17.8 GHz band is allocated internationally in ITU Region 2 to the 
terrestrial fixed service, BSS, and FSS (in both uplink and downlink 
directions) on a primary basis and to the mobile service on a secondary 
basis. Prior to the changes adopted in the Report and Order, in the 
U.S. Table, the 17.3-17.7 GHz band was allocated to the FSS and BSS on 
a co-primary basis and to the radiolocation services on a secondary 
basis. Use of the 17.3-17.8 GHz band by BSS and FSS downlink was 
limited to GSO FSS systems in the U.S. Table. The 17.7-17.8 GHz band 
was allocated to terrestrial fixed service and FSS (uplink and 
downlink) on a co-primary basis in the U.S. Table.
    The 17.3-17.8 GHz band was historically used for FSS feeder uplinks 
that transmit programming to Direct Broadcast Satellite (DBS) service 
GSO space stations, in addition to terrestrial fixed service use of the 
17.7-17.8 GHz band. 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. BSS, used as the ``17/24 GHz BSS,'' provides service 
downlinks to consumers in the 17.3-17.8 GHz band and is also used for 
feeder uplinks to DBS space stations, i.e., reverse band operations. 
The Commission has previously adopted 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).
    On August 3, 2022, the Commission adopted a Report and Order (87 FR 
72388, November 25, 2022) (17 GHz GSO Order) to permit use of the 17.3-
17.8 GHz band by GSO FSS downlink space stations. In the 17 GHz GSO 
Order, the Commission permitted FSS downlinks from GSOs to operate in 
the 17.3-17.7 GHz band on a co-primary basis with other primary 
services in that band. In addition, the Commission made certain other 
changes to the U.S. Table to permit GSO FSS downlink operations in the 
adjacent 17.7-17.8 GHz band and revised the existing primary FSS 
allocation in the U.S. Table to permit GSO FSS space-to-Earth 
operations. The 17 GHz GSO Order authorized individually-licensed FSS 
receiving earth stations to receive FSS emissions from GSOs in the 
17.3-17.8 GHz band, subject to coordination methodologies, and to 
receive FSS emissions from GSOs in the 17.7-17.8 GHz band on an 
unprotected basis with respect to fixed service operations. The 
Commission further authorized blanket-licensed receiving FSS earth 
stations and ESIMs in the 17.3-17.8 GHz band on an unprotected basis. 
The 17 GHz GSO Order adopted a number of technical rules to both allow 
for FSS flexibility in the band and prevent harmful interference 
between GSO FSS downlinks and incumbent operators.
    The Commission adopted a Notice of Proposed Rulemaking (87 FR 
64750, October 26, 2022) (17 GHz NGSO Notice) along with the 17 GHz GSO 
Order. The 17 GHz NGSO Notice sought comment on proposals raised in 
response to the Commission's Notice of Proposed Rulemaking (86 FR 7660, 
February 1, 2021) (17 GHz FSS Notice), released in August 2020, to 
permit NGSO FSS downlink operations in both the 17.3-17.7 GHz and 17.7-
17.8 GHz bands, similar to the actions taken with regard to GSO FSS 
operations in the 17 GHz GSO Order.
    The 17 GHz NGSO Notice asked for input on specific NGSO FSS 
spectrum needs to permit NGSO FSS downlink operations in the band and 
asked commenters to provide supporting technical data and studies to 
determine whether such an allocation would benefit the public interest 
while continuing to protect incumbent users. The Commission asked what 
technical rules would be necessary considering DBS/BSS, GSO FSS, or 
terrestrial fixed services operations and what rules would need to be 
adopted or modified to enable effective sharing while protecting these 
incumbent users in the band. In particular, the Commission asked 
whether the EPFD limits in the adjacent bands are sufficient to protect 
DBS/BSS and GSO FSS stations and if there are methods of protection 
other than EPFD limits that would be applicable. Further, the 
Commission asked whether the addition of an NGSO allocation would 
further degrade the reference situation for the DBS stations operating 
in accordance with the ITU Radio Regulations Appendix 30 plan, and 
sought input on any domestic or international coordination issues or 
other technical challenges that should be addressed in coordination.
    The 17 GHz NGSO Notice discussed that, after the release of the 
prior 17 GHz GSO FSS Notice, sharing and compatibility studies were 
underway to analyze use of the 17 GHz band in preparation for World 
Radiocommunication Conference 2023 (WRC-23), specifically addressing 
certain sharing issues and the potential for use of the 17.3-17.7 GHz 
band by NGSO FSS downlink satellites, along with ESIM operations in the 
17.7-18.6 GHz and other bands. Among the decisions adopted for 
consideration at WRC-23 was Agenda Item 1.19, which contemplated an FSS 
downlink allocation in the 17 GHz band for both GSO and NGSO in Region 
2. The ITU Radio Regulations had previously included an FSS allocation 
in the 17.7-17.8 GHz band in Region 2, but Agenda Item 1.19 for WRC-23 
outlined a new primary allocation to the FSS downlink in the 17.3-17.7 
GHz band.
    WRC-23 modified the ITU Radio Regulations and added an FSS 
allocation in 17.3-17.7 GHz FSS downlink for both GSO and NGSO 
operations in Region 2. WRC-23 extended the Article 22 technical 
limitations of the ITU Radio Regulations to the 17.3-17.7 GHz band, 
which requires that NGSO FSS systems operating in accordance with ITU 
Radio Regulations shall neither cause unacceptable interference to nor 
claim protection from GSO systems in the FSS and BSS. WRC-23 also 
adopted modifications to Resolution 85 (REV.WRC-23), revising the 
application of Article 22 and compliance procedures for its 
corresponding EPFD limits. In order to receive a ``qualified 
favorable'' finding of compliance from the ITU, which is required for 
NGSO FSS operation under the Commission's rules, NGSO FSS systems must 
submit a commitment of compliance along with calculations and technical 
descriptions of the system's Article 22 EPFD compliance using EPFD 
validation software. The revisions to the International Table and 
Articles 21 and Article 22 of the Radio Regulations will become 
effective January 1, 2025.
    Comments in response to the 17 GHz NGSO Notice were due on December 
27, 2022, and reply comments were due on January 24, 2023. The 
Commission received seven comments and six reply comments. GSO FSS 
providers, NGSO FSS providers, and terrestrial fixed service 
organizations filed comments and reply comments. The Commission also 
received thirteen ex parte filings from commenters, several of which 
were received after the close of WRC-23, with parties calling attention 
to the adopted resolutions for the 17 GHz band. Notably, parties filing 
post-WRC-23 ex partes agree that the actions taken by WRC-23 provide a 
foundation for Commission action to facilitate domestic NGSO FSS 
operations in the 17 GHz and, in fact, resolve specific concerns raised 
in the earlier comment cycle.
    Accordingly, for the reasons discussed in the Report and Order, the 
Commission permits an NGSO FSS downlink allocation in the 17 GHz

[[Page 96593]]

band, subject to technical conditions, in furtherance of the 
Commission's goals of promoting efficient use of the spectrum, 
competition, and innovation, and providing consumers with access to 
advanced telecommunications services. In the Report and Order, the 
Commission first addresses the respective allocations for the 17.3-17.7 
GHz and 17.7-17.8 GHz bands, followed by the technical components and 
conditions adopted specific to NGSO FSS downlink operations.

III. Discussion

A. Permitting NGSO FSS Transmissions in the 17.3-17.8 GHz Band

    The Ka-band is used by FSS operators to provide satellite-based 
broadband access services using high-throughput satellites. After 
review of the record, in the Report and Order, the Commission adopts 
modifications to the U.S. Table and non-Federal government footnotes 
for NGSO FSS downlink transmission in the 17.3-17.8 GHz band to provide 
a contiguous 1300 MHz of spectrum for NGSO FSS downlink operations. The 
Commission permits FSS downlinks from NGSO FSS systems to operate in 
the 17.3-17.8 GHz band on a co-primary basis with GSO FSS operations 
and on a co-primary basis with other primary services operating in the 
band. The Commission also permits NGSO FSS receiving earth stations to 
operate in the 17.7-17.8 GHz band on an unprotected basis with respect 
to terrestrial fixed service operations. The Commission modifies Sec.  
2.106(d)(58)(i) (non-federal government footnote NG58 of the U.S. 
Table) by removing the prohibition on NGSO FSS downlink operations in 
the 17.3-17.8 GHz band. The Commission additionally modifies Sec.  
2.106(d)(58)(iv) (non-federal government footnote NG58 of the U.S. 
Table) to authorize NGSO FSS receiving earth stations in the 17.7-17.8 
GHz band, subject to the condition that such receiving earth stations 
must operate on an unprotected basis with respect to non-federal fixed-
service stations operating in the band.
    The Commission discusses the 17.3-17.7 GHz band and 17.7-17.8 GHz 
band separately in the following sections.
1. NGSO FSS Transmissions in the 17.3-17.7 GHz Band
    The 17.3-17.7 GHz band is allocated on a co-primary basis in the 
U.S. Table to FSS uplink operations (limited to feeder links for the 
BSS (DBS)), FSS downlink operations and BSS (17/24 GHz BSS). The 17 GHz 
GSO Order extended use of the band to FSS downlinks, limited to GSO FSS 
networks, on a co-primary basis with the incumbent users of the band, 
feeder links for DBS networks, and ``reverse band'' use for the 
downlink portion of 17/24 GHz BSS operations. The Commission concluded 
that FSS downlink communications are technically similar to DBS/BSS 
communications, and thus permitting GSO FSS operations in the band was 
in the public interest to use the band more intensively and efficiently 
while also providing additional downlink capacity for GSO fixed 
satellite communications.
    In the 17 GHz NGSO Notice, the Commission sought comment on its 
proposal to make the 17.3-17.7 GHz band available for NGSO FSS systems 
downlink, similar to the actions taken with regard to GSO FSS 
operations in the 17 GHz GSO Order. The 17 GHz NGSO Notice further 
sought technical data and studies from commenters to help determine how 
an NGSO FSS downlink allocation in the band would facilitate efficient 
NGSO FSS operations, what technical rules would be needed for DBS/BSS, 
GSO FSS, and terrestrial services, and whether any EPFD or other limits 
would be needed to protect existing and incumbent operations.
    The record in this proceeding supports allocating the 17.3-17.7 GHz 
band for NGSO FSS downlink operations. Commenters assert that such an 
allocation is in the public interest because it would establish a 
contiguous 1300 MHz of spectrum for NGSO FSS services, resulting in 
more efficient use of the 17 GHz band, increased competition, and 
increased quality and availability of satellite broadband services, 
thus helping to close the digital divide. O3b Limited and SES Americom, 
Inc., Telesat Canada, and WorldVu Satellites, Ltd. (collectively, ``the 
Satellite Companies'') state that this allocation will serve the public 
interest by mitigating spectrum constraints and affording consumers 
greater access to satellite-enabled services. Kuiper agrees and further 
adds that increasing the availability and quality of satellite 
broadband services will mitigate the disparate impacts on rural and 
impoverished communities. Kuiper notes that the 17 GHz GSO Order 
addressed ``major technical and practical concerns regarding 
coexistence between FSS downlinks and incumbent communications, many of 
which are common to NGSO and GSO systems,'' and the Commission 
concluded that the technical rules adopted were sufficient to prevent 
interference and promote sharing in the band even without a Region 2 
allocation for FSS downlinks. Commenters also note that studies 
prepared in advance of WRC-23 measuring the feasibility of sharing the 
17 GHz band with both FSS GSO and NGSO along with existing incumbent 
services confirm that NGSO FSS operations are fully compatible with 
other 17 GHz band services and that existing frameworks are in place to 
support coexistence among these services.
    Some commenters raised concerns with the Commission adopting an 
NGSO FSS allocation in the 17 GHz band prior to any resolutions adopted 
at WRC-23, arguing that doing so would be premature and instead 
recommending that ``awaiting international adoption is necessary to 
remain `consistent with Commission precedent.' '' However, some 
commenters originally opposed to adopting an FSS allocation acknowledge 
that, following the adopted WRC-23 Region 2 NGSO FSS downlink 
allocation in the 17 GHz band, the proposed domestic allocation in the 
band is in alignment with both international policy and the public 
interest, but reiterate calls to adopt technical safeguards to protect 
GSO FSS and BSS operations. Viasat initially argued that NGSO 
stakeholders' comments failed to establish an adequate basis for 
allowing NGSO FSS operations in the 17.3-17.8 GHz band, but pointed to 
the more stringent protections of GSO networks in Article 22 of the ITU 
Radio Regulations and advocated that a better approach would be for the 
Commission to factor the outcomes of WRC-23 into its consideration of 
appropriate technical limits for the 17.3-17.8 GHz band. Viasat more 
recently asserts that the outcomes of WRC-23 ``provide useful input 
into the Commission's own decision-making process with respect to 
potential NGSO FSS operations in the 17 GHz band,'' and that the 
actions taken at WRC-23 in fact ``provide a basis for subsequent action 
by the Commission to facilitate domestic NGSO FSS operations within the 
17 GHz band.''
    Satellite operators further support allocating the 17.3-17.7 GHz 
band to NGSO FSS downlink operations on a co-primary basis. These 
commenters argue that a co-primary allocation is justified to support 
technological satellite innovation and swift deployment of commercially 
viable services while simultaneously helping to mitigate spectrum 
constraints. GSO operators oppose a co-primary allocation, instead 
arguing that the Commission should allocate the 17.3-17.7 GHz band on 
only either a secondary or unprotected basis to protect GSO FSS and BSS 
operations

[[Page 96594]]

and ensure that incumbent GSO operators are not unduly impacted by the 
addition of NGSO FSS systems in the band. DIRECTV and EchoStar argue 
that a secondary or unprotected basis, as applicable, is consistent 
with both ITU Article 22.2 and the Commission's rules requiring NGSO 
systems to protect GSO systems from interference, and a secondary 
allocation would ensure that incumbent GSO FSS operations are not 
unduly impacted or precluded by NGSO systems in the 17 GHz band. NGSO 
operators, however, assert that GSO FSS systems are presently afforded 
significant protections under Sec.  25.289 of the Commission's rules 
and Article 22 of the ITU Radio Regulations, and are also given 
priority over NGSO FSS in other domestic spectrum band plans, thus 
bolstering the need for equal status of NGSO and GSO FSS in the 17 GHz 
band. These commenters argue that a co-primary allocation for downlink 
spectrum in the 17 GHz would balance the uplink and downlink spectrum 
available to NGSO FSS systems while encouraging more robust broadband 
service offering and promoting competition across NGSO, GSO, and 
terrestrial fixed services to provide more options for connectivity.
    The Commission concludes that it would serve the public interest to 
allocate the 17.3-17.7 GHz band to NGSO FSS downlink operations on a 
co-primary basis with incumbent services. The Commission finds that 
NGSO FSS downlinks in the 17 GHz band are compatible with incumbent 
services, specifically GSO FSS downlinks, feeder links for DBS 
networks, and ``reverse band'' use for the downlink portion of 17/24 
GHz BSS operations. Further, the Commission finds that the technical 
measures adopted in the Report and Order, in combination with existing 
Commission and ITU frameworks requiring NGSO FSS protection of GSO 
systems and coordination, provide sufficient interference protection to 
GSO FSS systems. The Commission disagrees with concerns that a co-
primary allocation for NGSO FSS system will preclude GSO FSS operators 
from the 17 GHz band. The Commission concludes that a co-primary 
allocation for NGSO FSS operations will support the most efficient use 
of the 17 GHz band spectrum by aligning this allocation with adjacent 
bands while mandating protection of GSO FSS operators with the 
technical protections within those bands.
    In addition to providing greater bandwidth for services to 
consumers across the country, this allocation will provide increased 
communications capability to unserved and underserved areas, help to 
close the digital divide, and ensure that this valuable spectrum band 
is used in the most efficient and effective manner. The Commission 
notes that permitting NGSO FSS downlink services in the 17 GHz band is 
consistent with the modifications to the International Table and 
aligning the U.S Table with the International Table will serve the 
public interest by providing regulatory certainty and consistency with 
operations in Region 2. Accordingly, the Commission modifies non-
Federal government footnote NG58(i) to permit NGSO FSS downlink 
operations in the 17.3-17.7 GHz band on a co-primary basis by removing 
the prohibition on NGSO FSS downlink operations in the 17.3-17.8 GHz 
band.
2. NGSO FSS Transmissions in the 17.7-17.8 GHz Band
    The International Table allocates the 17.7-17.8 GHz band segment in 
Region 2 to terrestrial fixed service, FSS in both directions and to 
BSS on a primary basis, and to the mobile service on a secondary basis. 
In the United States, the band is allocated to the non-federal 
terrestrial fixed service and to FSS uplink and downlink operations on 
a primary basis. The Commission added a limitation in footnote NG58 to 
the U.S. Table in the 17 GHz FSS Order stating that in the band 17.7-
17.8 GHz, earth stations in the fixed-satellite service may be 
authorized for the reception of GSO FSS emissions, subject to the 
condition that these earth stations shall not claim protection from 
transmissions of non-Federal stations in the fixed service that operate 
in that band.
    Commenters supporting NGSO FSS downlink operations in the 17.3-17.7 
GHz band generally also support permitting NGSO FSS downlink operations 
on an unprotected basis vis-[agrave]-vis terrestrial fixed services in 
the 17.7-17.8 GHz band. Terrestrial fixed providers express concerns 
about extending the sharing of the 17.7-17.8 GHz band to NGSO 
operations and argue that further technical study is needed to 
determine whether NGSO operations can operate concurrently with and 
protect incumbent fixed service operations in the 17.7-17.8 GHz band. 
AT&T and Verizon argue that the technical studies and data to support 
an NGSO FSS downlink do not affirmatively prove that NGSO FSS sharing 
of the 17.7-17.8 GHz band is feasible. However, they propose that 
should NGSO FSS operations be permitted in the 17.7-17.8 GHz band, the 
Commission should do so on a secondary and unprotected basis relative 
to terrestrial fixed service operations. The terrestrial fixed 
providers also agree with DIRECTV and EchoStar that NGSO constellations 
should be required to submit a showing that they can share the 17.7-
17.8 GHz band without interference.
    The Commission finds that permitting NGSO FSS downlink operations 
in the 17.7-17.8 GHz band is in the public interest. Earth stations 
receiving in the 17.7-17.8 GHz band are not entitled to protection from 
the terrestrial fixed service, and NGSO FSS downlink operations 
therefore will not disrupt the balance between facilitating FSS 
operations and protecting incumbent use of the 17.7-17.8 GHz band. This 
action is consistent with the Commission's decision to permit GSO FSS 
downlink operations on a co-primary basis. Similar to the actions taken 
with regard to GSO FSS systems, the Commission permits authorization of 
earth stations receiving transmissions from NGSO FSS space stations in 
the 17.7-17.8 GHz band on an unprotected basis vis-[agrave]-vis the 
terrestrial fixed service (both existing and future fixed service 
operations) and on a shared basis with GSO FSS space stations, 
discussed in the following section. This is consistent with the 
Commission's goal to use scarce spectrum resources intensely in an 
efficient and effective manner. The Commission modifies footnote 
NG58(iv) of the U.S. Table of Allocations for the reasons discussed 
previously.

B. Technical Measures To Prevent Harmful Interference in the 17.3-17.8 
GHz Band

    In the 17 GHz NGSO Notice, the Commission sought comment on the 
technical rules needed to protect DBS and BSS, GSO FSS, and terrestrial 
services should NGSO FSS downlink operations be permitted in the 17 GHz 
band. The Commission asked whether the current EPFD limits in the 
adjacent bands are sufficient to protect DBS and BSS stations and GSO 
FSS stations, or if there are methods of protection other than EPFD 
limits that would be more effective. The Commission adopts the 
technical measures and conditions detailed in the Report and Order to 
facilitate operations between NGSO FSS downlink services and incumbent 
providers and create a more consistent regulatory framework in the 
17.3-17.8 GHz band.
1. Measures To Facilitate Space-to-Earth Operations at 17/24 GHz BSS 
and FSS
    In the 17 GHz GSO Order, the Commission adopted a number of 
technical rules to prevent harmful interference and facilitate intra-
service

[[Page 96595]]

operations between 17.3-17.8 GHz FSS space stations and inter-service 
operations between FSS and 17/24 GHz BSS space stations operating in 
the downlink direction. The Commission extended a number of 
requirements that were already applicable to 17/24 GHz BSS space 
stations transmitting in the band to 17.3-17.8 GHz band GSO FSS space 
stations, with certain modifications. In the Report and Order, the 
Commission adopts the following modifications to the FSS technical 
requirements to account for NGSO FSS downlink operations in the 17.3-
17.8 GHz band.
    Equivalent Power Flux Density Limits. The Commission sought comment 
in the 17 GHz NGSO Notice on whether the existing EPFD limits in the 
adjacent 17.8-18.6 GHz bands are sufficient to protect DBS and BSS 
stations, GSO FSS stations, and terrestrial fixed services in the 17.3-
17.8 GHz band, or if there are alternative methods of protection, other 
than EPFD limits, that would be better applied in the 17.3-17.8 GHz 
band.
    EPFD limits have been established by the ITU Radio Regulations as a 
technical mechanism to allow NGSO and GSO systems to operate in a 
compatible manner. There is broad support in the record that BSS and 
GSO FSS downlink services can be protected through the use of existing 
EPFD limits in the adjacent 17.8-18.6 GHz band. The Satellite Companies 
assert that international studies show that NGSO FSS operations are 
compatible with other 17 GHz band services and support the Commission 
extending the downlink EPFD limits outlined in Article 22.2 and in 
Table 22-1B to the 17.3-17.8 GHz band to protect BSS and GSO FSS 
downlink operations. Kuiper proposes that the Commission extend the 
current rules requiring compliance with the applicable EPFD limits to 
the 17 GHz band and agrees that extending the EPFD downlink limits to 
the 17.3-17.7 GHz band would ensure that NGSO FSS systems do not cause 
unacceptable interference to BSS networks. Kuiper states this would 
result in even lower interference levels to BSS receiving earth 
stations than under the current rules. SpaceX argues that EPFD limits 
are not necessary to ensure that NGSO FSS systems can operate without 
causing interference, but proposes that, if the Commission does employ 
EPFD limits, it should only extend international limits that apply to 
protect BSS receive stations. GSO FSS operators agree and support 
extending the ITU EPFD limits adopted at WRC-23. Viasat recommends that 
the Commission consider adopting EPFD limits for the 17.3-17.8 GHz 
band, and supports extending the Article 22 EPFD limits to the 17 GHz 
band in alignment with WRC-23, should the Commission permit NGSO FSS 
operations in the 17 GHz band. DIRECTV and EchoStar also support 
applying the EPFD limits in the adjacent 17.8-18.6 GHz band to the 
17.3-17.7 GHz band, support extending the EPFD limits to the 17.7-17.8 
GHz band, and further propose that the Commission should require NGSO 
FSS operators to certify EPFD compliance for entire constellations, 
submit technical data and calculations of EPFD compliance for public 
review, and obtain a finding of EPFD compliance from either the 
Commission or the ITU prior to commencing operations.
    Section 25.146(a)(2) of the Commission's rules already require that 
NGSO FSS space stations comply with any EPFD levels in Article 22, 
Section II, and Resolution 76 of the ITU Radio Regulations. Section 
25.289 further requires that NGSO systems must not cause unacceptable 
interference to, or claim protection from, a GSO FSS or GSO BSS 
network, and that NGSO FSS operators in compliance with the applicable 
ITU EPFD limits will be considered to have fulfilled its obligation to 
protect GSO networks from interference. Article 22.2 requires that NGSO 
systems not cause unacceptable interference to and, unless otherwise 
specified, shall not claim protection from GSO networks in the FSS and 
the BSS operating in accordance with the Radio Regulations. WRC-23 
modified footnote 5.517 of the International Table to require that, in 
Region 2, use of the fixed satellite (space-to-Earth) service in the 
17.3-17.8 GHz band shall not cause harmful interference to nor claim 
protection from assignments in the BSS operating in conformity with the 
Radio Regulations. In tandem with the FSS downlink allocation in the 17 
GHz band, WRC-23 revised Table 22-1B of the Radio Regulations to extend 
the limits to the EPFD downlink radiated by NGSO FSS systems in the 
17.3-17.7 GHz band in Region 2. WRC-23 added an additional provision to 
Table 22.1B to state that operators of NGSO FSS systems providing 
service in Region 2 must meet the limits of Table 22-1B in the 17.3-
17.7 GHz band with respect to GSO systems in the BSS.
    The Commission adopts the ITU EPFD limits for the 17.3-17.7 GHz 
segment of the 17 GHz band and extend these limits to apply to the 
17.7-17.8 GHz band to ensure efficient NGSO FSS downlink operations and 
sufficient technical protections for incumbent operators throughout the 
entire 17 GHz band. The Commission accordingly modifies Sec.  
25.146(a)(2) of the Commission's rules to state that the ITU EPFD 
limits that apply to NGSO FSS systems operating in the 17.3-17.7 GHz 
band shall also apply to NGSO FSS systems operating in the 17.7-17.8 
GHz band. The Commission finds that it would serve the public interest 
to align the domestic EPFD limits with those adopted in the ITU Radio 
Regulations to provide certainty for NGSO FSS operators while 
protecting incumbent systems. These limits apply to NGSO operations in 
Region 2 internationally, and the record in this proceeding supports 
adoption of the same international EPFD limits domestically. With 
respect to facilitating NGSO and GSO coordination efforts, the 
Commission agrees with commenters' assertions that the Commission has 
frameworks in place for sharing and coordination between NGSO and GSO 
operators, and the Commission declines to modify such existing 
frameworks in favor of adopting an additional compliance approval 
process in this proceeding. As discussed in greater detail in the 
Report and Order, the Commission permits operators to enter into 
coordination agreements consistent with the Commission's current 
framework for NGSO and GSO spectrum sharing.
    Downlink Power Limits. The Commission has typically applied 
downlink power flux density (PFD) limits for space stations 
transmissions to facilitate both inter-service and intra-service 
sharing. Under the Commission's rules, NGSO FSS systems operating in 
the 10.7-30.0 GHz bands are required to comply with applicable ITU PFD 
limits in Article 21 of the Radio Regulations, but NGSO FSS systems 
have not been authorized for domestic operation in the 17 GHz band. In 
the 17 GHz GSO Order, the Commission adopted rules to apply regional 
PFD limits for GSO FSS space stations in the 17.3-17.7 GHz band to 
harmonize with the limits applicable to 17/24 GHz BSS systems and to 
adequately facilitate both inter-service and intra-service sharing. The 
Commission also clarified that earth stations operating FSS downlinks 
in the 17.7-17.8 GHz band shall not claim protection from terrestrial 
fixed service operations in that band, and that the adopted PFD limits 
will apply vis-[agrave]-vis fixed services in the 17.7-17.8 GHz band or 
adjacent 17.8-18.3 GHz band.
    NGSOs assert that taking the same approach to NGSO FSS services is 
appropriate and supports adopting the ITU PFD limits to protect 
terrestrial fixed services operating in the 17.7-17.8 GHz segment. The 
Satellite Companies support relying on the Commission's

[[Page 96596]]

existing rules requiring NGSO systems to comply with the applicable 
Article 21 PFD limits and operate on an unprotected basis with respect 
to fixed services in the band. Mangata similarly suggests extending the 
same PFD limits adopted for GSO satellite operations to NGSO FSS 
systems, rather than limit use of the 17 GHz band, and says that while 
NGSO systems may need to adjust operations to meet these limits, the 
PFD limits ensure that terrestrial fixed services will not experience 
harmful interference at equivalent arrival angles. Kuiper supports 
applying the PFD limit in the 17.7-17.8 GHz band and argues that the 
Commission has already resolved concerns about potential interference 
in the 17.3-17.8 GHz band when it adopted the technical framework for 
GSO FSS operations in the 17 GHz GSO Order, specifically the 
coordination requirements and PFD limits, which includes an exhaustive 
record proving that NGSO FSS operations can coexist with other services 
in the 17 GHz band. Further, Kuiper maintains that NGSO and GSO FSS 
systems already successfully share the adjacent 17.8-18.3 GHz band with 
fixed services because of the PFD limits in place. Kuiper explains 
that, since interference levels would be nearly identical in the 17.7-
17.8 GHz band, PFD limits should be adopted for the 17.7-17.8 GHz band 
as well where utilization by fixed services is even lower than in the 
adjacent band. SpaceX agrees, and advocates that extending the ITU PFD 
limits applicable to the 17.7-19.3 GHz band to the 17.3-17.7 GHz band 
will enable NGSO FSS operators to share the band without causing 
harmful interference to existing operations while harmonizing the 
limits for NGSO FSS operations with existing limits for GSO FSS and BSS 
transmissions. SpaceX further notes that NGSO operators will solely 
bear any interference impact to fixed operators, not the protected 
fixed services. GSO operators did not comment on PFD limits in the 
17.7-17.8 GHz band.
    Kuiper additionally submitted a technical analysis simulating 
interference from NGSO FSS systems into fixed service systems in the 
band consistent with methodologies used in ITU Recommendations. 
Kuiper's dynamic simulations show that the anticipated aggregate 
interference from combined NGSO FSS systems into fixed services systems 
is far below the ITU's recommended threshold limits, demonstrating that 
these systems can coexist with fixed services in the 17.7-17.8 GHz band 
with little likelihood of interference. Kuiper also cites operational 
factors that protect fixed service receivers, which combined with the 
dynamic interference-to-noise analysis, shows compatibility for fixed 
and NGSO FSS systems to co-exist in the 17.7-17.8 GHz band without risk 
of harmful interference from current or future NGSO FSS systems. SpaceX 
supports Kuiper's study showing that the potential for interference 
from NGSO operations to fixed services is negligible and that the 
aggregate emissions of NGSO FSS systems will remain well below the 
statistical interference-to-noise limits specified by the ITU.
    Terrestrial fixed service providers AT&T and Verizon oppose 
applying the current PFD limits, arguing that these limits are outdated 
and do not account for the increase of NGSO satellite authorizations in 
recent years or the differences in NGSO compared to GSO operations. 
They claim that past records showing no interference to fixed services 
are not a reliable predictor for future interference and instead 
recommend that further study is needed before permitting shared NGSO 
FSS use of the 17.7-17.8 GHz band. AT&T and Verizon also submitted a 
static analysis (FS Interference Analysis) based on calculations of 
interference-to-noise ratios to demonstrate the potential for aggregate 
interference into fixed service antennas from present and future NGSO 
FSS and GSO FSS operations. These providers argue that the FS 
Interference Analysis shows that the aggregate interference calculation 
values could exceed the interference-to-noise thresholds adopted by the 
ITU and the Commission for protecting terrestrial fixed services in 
other frequency bands and therefore oppose relying on PFD limits to 
support an NGSO FSS allocation.
    The Commission adopts the ITU PFD limits for NGSO FSS operations in 
the 17 GHz band, applying to the 17.7-17.8 GHz band and extending to 
the 17.3-17.7 GHz band, and accordingly modify Sec.  25.146(a)(1) of 
the Commission's rules. The Commission finds the technical studies and 
dynamic analyses in favor of adopting the current PFD limits more 
representative of real-world scenarios in demonstrating that the 
existing PFD limits will facilitate sharing of the 17.7-17.8 GHz band 
with minimal risk of interference to fixed service operations. The 
Commission has previously determined that the PFD limits are effective 
in protecting terrestrial fixed services from interference, considering 
that satellite and terrestrial services have long co-existed in these 
bands using PFD limits without issue. This is consistent with the lack 
of record evidence of interference regarding NGSO FSS systems in the 
adjacent 17.8-18.6 GHz band, and the Commission find no evidence that 
would support deviating from the established limits in the 17.7-17.8 
GHz band. The Commission additionally notes that the Commission has 
previously determined that the ITU-R PFD limits in these bands are 
scalable to NGSO FSS systems, which integrate the number of satellites 
in a constellation, to more effectively protect fixed service 
operations.
    Adopting internationally consistent power limits simplifies 
compliance for both GSO and NGSO operators, as NGSO FSS space systems 
are not typically limited to U.S. systems and must meet this ITU PFD 
limits outside U.S. territory. Further, the Commission agrees that the 
PFD limits in the 17 GHz band should be consistent with those 
applicable to the adjacent 17.8-18.3 GHz band and extend the PFD limits 
applicable in the 17.7-17.8 GHz band to the 17.3-17.7 GHz band to 
harmonize the limits for NGSO FSS operations with existing limits for 
GSO FSS and BSS transmissions and bolster protections for incumbent 
operators across the entire 17 GHz band.
    As discussed previously, receiving NGSO FSS downlinks shall not 
claim protection from existing and future stations in the fixed service 
operating in the 17.7-17.8 GHz band and NGSO FSS operations must still 
comply with the PFD levels detailed in Article 21 of the ITU Radio 
Regulations. The Commission notes that GSO FSS and the fixed service 
will share the 17.7-18.3 GHz band with NGSO FSS operating on an 
unprotected basis, and that the rules should be consistent throughout 
the adjacent bands. The Commission therefore extends the PFD limits to 
the 17.3-17.7 GHz segment of the 17 GHz band for NGSO FSS systems. 
Although the NGSO FSS allocation will be co-primary in the 17.3-17.8 
GHz band and subject to the adopted PFD limits, earth stations 
operating in the FSS downlink in the 17.7-17.8 GHz band shall not claim 
protection from existing and future terrestrial fixed service 
operations.
2. Measures To Mitigate Space Path Interference From NGSO FSS Downlinks
    In the 17 GHz GSO Order, the Commission adopted technical 
requirements applicable to GSO FSS space stations to mitigate space 
path interference into DBS receivers. In the 17.3-17.8 GHz reverse-band 
sharing environment, receiving DBS space stations are vulnerable to 
space path

[[Page 96597]]

interference from nearby co-frequency 17/24 GHz BSS space station 
transmissions. The Commission sought comment in the 17 GHz NGSO Notice 
on any rules that may need to be modified to enable effective sharing 
with NGSO FSS downlink operations and account for any necessary 
technical requirements should the Commission permit an NGSO FSS 
downlink allocation in the 17.3-17.8 GHz band.
    EPFD(is) Limits. Similar to the previously-discussed EPFD limits, 
WRC-23 modified Table 22-3 of Article 22 to extend the application of 
the inter-satellite equivalent power flux density (EPFD(is)) limits 
from the adjacent 17.8-18.4 GHz band to apply to the 17.3-17.7 GHz band 
in Regions 1 and 2. WRC-23 additionally added a new footnote, 22.5F.4 
to Table 22-3, which details limits to the EPFD(is) radiated by NGSO 
systems in the FSS in Region 2 in the 17.3-17.7 GHz band, requiring 
that NGSOs operating at any orbital position in Region 2 meet the 
EPFD(is) limits for the 17.3-17.7 GHz band with respect to a receiving 
space station in the BSS feeder link of Appendix 30A in all three 
Regions.
    Several commenters discussed the existing EPFD(is) limits detailed 
in the ITU Radio Regulations, now applicable to the 17.3-17.7 GHz band 
in Region 2, as an effective method to further protect all incumbent 
operators in the band from NGSO FSS downlink interference in the 17.3-
17.8 GHz band. Kuiper suggests that sharing between FSS feeder uplinks 
for DBS service, GSO FSS operations, and NGSO FSS downlink operations 
can be facilitated by applying the EPFD(is) limits in the adjacent 
17.8-18.4 GHz band and by requiring coordination between certain DBS 
feeder uplink earth stations with individually licensed NGSO FSS 
receiving earth stations. Kuiper and the Satellite Companies note that 
NGSO FSS space stations have already been permitted to operate NGSO FSS 
downlinks in Region 1 in the 17.3-17.8 GHz band under the ITU Radio 
Regulations and that space path interference has not occurred at 
regional boundaries. Kuiper suggests that the Commission can 
incorporate the same proven solutions that have been applied in other 
frequencies and regions, like EPFD(is) limits, to successfully manage 
coexistence between NGSO FSS and incumbent operations in the 17.3-17.8 
GHz band. Further, commenters note that NGSO FSS downlinks already 
share spectrum with receiving DBS space stations in the 17.7-18.4 GHz 
band and, in Region 1, in the 17.3-17.7 GHz band, and that BSS space 
stations only receive protection in the 17.8-18.4 GHz band as a result 
of EPFD(is) limits.
    Commenters also agree that the EPFD(is) limits will offer 
protection to GSO FSS operators, extending beyond protecting DBS feeder 
links and BSS incumbent services. DIRECTV and EchoStar specifically 
support extending the EPFD(is) limits in the adjacent band to ensure 
protection of BSS downlinks and GSO FSS operations, asking the 
Commission to apply the same EPFD limits applicable to NGSO FSS 
downlinks and inter-satellite links in the 17 GHz band. Viasat also 
encouraged the Commission to take action on the 17 GHz band ``so long 
as that action is consistent with the extension by WRC-23 of existing 
Article 22 EPFD limits to the 17 GHz band.'' Kuiper provided technical 
support to demonstrate the effectiveness of EPFD(is) limits, showing 
that NGSO FSS operations operating even at the EPFD(is) limit would 
still be well below the coordination thresholds for DBS feeder links. 
Kuiper also notes that EPFD(is) limits are based on the received power 
level at the point of the affected system receiver, making these limits 
agnostic to specific design and operational parameters, and considering 
that EPFD(is) limits are designed to apply to EPFD from all space 
stations in an NGSO FSS system, the ITU is the best body to address 
space-path interference concerns that may extend across geographic 
boundaries.
    Based on the record, the Commission finds that the ITU EPFD(is) 
limits applicable to the 17.8-18.3 GHz band are appropriate for 
operations in the adjacent 17.3-17.8 GHz band to protect incumbent 
operators in the bands from NGSO FSS downlink interference. The 
Commission finds that the EPFD(is) limits delineated in Article 22, 
Table 22-3 of the Radio Regulations will facilitate sharing of the 17 
GHz band amongst NGSO FSS downlink operations and incumbent operations 
while further minimizing the potential for inter-satellite interference 
caused by NGSO FSS downlinks. The Commission agrees with commenters 
that the ITU's established EPFD(is) limits are sufficient to protect 
DBS space stations and BSS receive stations from potential 
interference, and will mitigate interference concerns of GSO FSS 
operators. NGSO FSS operators are required to comply with the ITU 
EPFD(is) limits in both the 17.3-17.7 GHz and 17.7-17.8 GHz band as 
reflected in the modification to Sec.  25.146(a)(2) of the Commission's 
rules adopted in the Report and Order.
    Off-axis Power Flux Density Coordination Trigger. In the 17 GHz GSO 
Order, the Commission modified Sec.  25.264(b)(1) and (2) of the rules 
and extended a PFD trigger of -117 dBW/m\2\/100 kHz, applicable to BSS 
space station transmissions, to FSS space station transmissions in the 
band. DIRECTV and EchoStar ask the Commission to adopt the same PFD 
coordination trigger as adopted in the 17 GHz GSO Order to NGSO FSS 
transmissions in the 17.3-17.8 GHz band to ensure that GSO FSS and BSS 
operations are protected from NGSO operations, in addition to the 
previously-discussed EPFD(is) limits. Kuiper disagrees with this 
proposal, arguing that applying this same coordination trigger to NGSO 
FSS systems is redundant and not necessary to protect DBS space 
stations from NGSO FSS operations because the ITU Radio Regulations 
already require compliance with EPFD(is) limits to protect feeder links 
to GSO systems, and that further studies demonstrate that EPFD(is) 
limits are effective at protecting DBS space stations from 
interference. Kuiper also notes that NGSO FSS stations have already 
been permitted to operate downlinks in Region 1 in the International 
Table and the space-to-space interference path does not exist between 
regions. The Satellite Companies also disagree, arguing that a PFD 
coordination trigger is not needed to protect DBS feeder links from 
space-path interference and that their proposed solution for EPFD(is) 
limits renders a PFD coordination trigger superfluous.
    The Commission concludes that the ITU EPFD(is) limits provide a 
more stringent standard than a PFD coordination trigger to protect DBS 
space stations from potential interference via NGSO FSS operations. 
DIRECTV and EchoStar offer no evidence of interference to GSO FSS and 
BSS stations or technical studies demonstrating the need for a PFD 
coordination trigger for NGSO FSS operations and thus the Commission 
does not see a need to deviate from the existing EPFD(is) limits. 
Accordingly, the Commission declines to adopt a PFD coordination 
trigger for NGSO FSS systems and clarifies that the ITU EPFD(is) limits 
adopted for the 17.3-17.7 GHz band under Article 22 of the Radio 
Regulations will apply to the full 17.3-17.8 GHz band and will be 
applicable pursuant to Sec.  25.146(a)(2) of the Commission's rules to 
protect DBS space stations from potential interference.
    Arc Avoidance Angle. DIRECTV and EchoStar, jointly, and Viasat 
propose that the Commission should establish an effective arc avoidance 
angle, or an

[[Page 96598]]

``exclusion zone,'' around the GSO arc from NGSO FSS transmissions. 
Specifically, DIRECTV and EchoStar propose that the Commission require 
NGSO FSS satellite transmitters to maintain a minimum of 25 dB 
reduction from maximum equivalent isotropically radiated power (EIRP) 
in the direction of the GSO arc, arguing that such an exclusion zone is 
consistent with ITU Recommendations S. 1528. Viasat proposes that NGSO 
FSS systems operate with a ``suitable avoidance angle with respect to 
the GSO arc'' in the 17.3-17.8 GHz band.
    Kuiper disagrees, arguing that DIRECTV and EchoStar do not specify 
what interference concerns this restriction would potentially address, 
nor do they provide a technical demonstration that such operational 
restrictions are necessary to prevent harmful interference. Kuiper and 
SpaceX argue that existing solutions in the 17 GHz band and adjacent 
bands render this an arc avoidance angle unnecessary, specifically 
EPFD(is) limits and EPFD protection for BSS services, and offer 
technical analysis demonstrating that DBS stations and BSS operators 
are sufficiently protected from NGSO FSS transmissions under the 
EPFD(is) limits. Kuiper also notes that DIRECTV and EchoStar's proposal 
fails to account for differences in operational parameters between NGSO 
systems and would result in inconsistent received power levels at the 
GSO arc depending on these specific parameters. Further, Kuiper argues 
that DIRECTV and EchoStar's proposal to allow NGSO FSS applicants to 
obtain a certification from either the Commission or the ITU of EPFD 
compliance would be an inefficient use of resources because the ITU 
will still perform its own analysis to determine compliance and a new 
compliance framework would unnecessarily delay the deployment of more 
robust NGSO FSS operations in the 17 GHz band. Either way, Kuiper finds 
that the ITU is the best body to address any space-path interference 
concerns, not the Commission.
    While arc avoidance angles can be used to address interference, 
they vary from system to system, and there is not enough technical 
evidence in the record to support adopting a specific avoidance angle 
or deviating from the EPFD limits. As the Commission requires in the 
Report and Order, NGSO FSS operators in the 17 GHz band must comply 
with applicable ITU EPFD limits, which include arc avoidance angles as 
part of EPFD compliance. Section 25.289 of the Commission's rules 
expressly states that if an NGSO FSS licensee is operating in 
compliance with applicable ITU EPFD limits, the licensee has fulfilled 
its obligation to not cause unacceptable interference to any GSO 
network. NGSO FSS applicants are also required to include in each 
application for service the information required by Sec.  25.146, which 
includes the ITU EPFD and PFD limits discussed in the Report and Order, 
in the narrative of the application pursuant to Sec.  25.114(d)(12) of 
the Commission's rules. As discussed previously, and as supported by 
Kuiper's ex parte, the Commission concludes that the EPFD(is) limits 
provide sufficient protection for GSO FSS operators, negating the need 
for non-system-specific arc avoidance angles. Prior to initiating 
service, an NGSO FSS operator licensed or holding a market access 
authorization to operate in the 10.7-30.0 GHz range must receive a 
``favorable'' or ``qualified favorable'' finding by the ITU 
Radiocommunication Bureau demonstrating compliance with the applicable 
ITU EPFD limits, which includes EPFD(is) limits, ensuring that any NGSO 
FSS operator is in compliance with these international limits prior to 
operation. The Commission finds that technical conditions adopted in 
the Report and Order in combination with the existing frameworks to 
ensure NGSO FSS operators comply with the ITU's established power 
limits in the 17.3-17.7 GHz and 17.7-17.8 GHz band will protect GSO FSS 
operations in the 17.3-17.8 GHz band without requiring compliance with 
a more stringent arc avoidance angle.
    The Commission notes that in particular circumstances, NGSO FSS and 
GSO FSS operators may jointly conclude that compliance with all 
applicable EPFD limits may not sufficiently protect the specific GSO 
FSS operations from in-line events, in which case GSO and NGSO FSS 
operators may coordinate to implement a protective arc avoidance angle. 
The Commission confirms that GSO FSS and NGSO FSS operators are 
permitted to enter into coordination agreements to specify a negotiated 
arc avoidance angle that is more protective than the angle detailed in 
the ITU EPFD input data files for systems operating in the 17.3-17.8 
GHz band.
    Additionally, the Commission declines to adopt DIRECTV and 
EchoStar's proposal to create a process that would allow NGSO FSS 
operators to obtain a finding of EPFD compliance from the Commission as 
an alternative to an ITU finding of compliance. The Commission has 
previously determined that since NGSO FSS operators are required to use 
the ITU-approved validation software to assess compliance with EPFD 
limits, the Commission's review would duplicate that performed by the 
ITU Radio Communication Bureau. The Commission reaches the same 
conclusion in the Report and Order. Further, there is no record to 
support adopting a separate compliance framework that would function as 
an alternative to the ITU process and any such framework for 
independent Commission review is outside the scope of this proceeding.
3. Measures To Mitigate Ground Path Interference From Earth Station 
Operations
    In the 17 GHz GSO Order, the Commission adopted technical 
requirements and coordination procedures to protect 17.3-17.8 GHz band 
receiving FSS earth stations from ground path interference arising from 
uplink transmissions from nearby co-frequency DBS feeder link earth 
stations. The Commission amended Sec.  25.203 of the rules to apply the 
coordination approach used to facilitate operations between DBS and 17/
24 GHz BSS earth stations to FSS earth stations in the entire 17.3-17.8 
GHz band, although FSS earth stations would not be entitled to 
protection from terrestrial fixed service stations in the 17.7-17.8 GHz 
band. In the 17 GHz GSO Order, the Commission adopted rules to extend 
interference protection to individually licensed FSS receiving earth 
stations and facilitate authorization of blanket-licensed FSS earth 
stations and ESIMs on an unprotected basis in the 17.3-17.8 GHz band.
    Individual and Blanket-Licensed Earth Stations and ESIMs. The 17 
GHz GSO Order amended Sec.  25.115(e) of the rules to facilitate 
individual and blanket-licensed FSS earth stations in the 17.3-17.8 GHz 
band, with blanket licensed earth stations operating on an unprotected 
basis with respect to feeder links and all receiving FSS earth stations 
operating on an unprotected basis with respect to the fixed service in 
the 17.7-17.8 GHz band. The Commission also amended Sec.  25.202 and 
footnote NG527A to streamline authorization of receiving ESIM earth 
stations on an unprotected basis in the band, finding that such 
receiving stations do not pose an interference threat to other services 
and will not place any undue coordination burden on incumbent operators 
if they are operating on an unprotected basis.
    Commenters in the record voiced support for taking a similar 
approach in this proceeding and authorizing blanket-licensed earth 
stations and ESIMs receiving from NGSO FSS systems in

[[Page 96599]]

the 17 GHz band. Mangata believes that any concerns from fixed services 
providers about ESIMs receiving in the 17.3-17.8 GHz band are 
misplaced, noting that there is little difference between an ESIM and 
fixed FSS terminals with respect to transmission and that the PFD 
limits will sufficiently protect terrestrial fixed services from 
potential interference from NGSO transmissions, including receiving 
ESIMs. Kuiper also supports permitting blanket-licensed earth stations 
and ESIMs to operate in the 17 GHz band on an unprotected basis, 
consistent with the approach in the 17 GHz GSO Order. Kuiper asserts 
that allowing NGSO ESIMs in the band will provide improved connectivity 
and enhanced vehicle diagnostics in areas that GSO ESIMs may not be 
able to reach, and that allowing both GSO and NGSO ESIMs will encourage 
competition and use the available spectrum more intensively. SpaceX 
also agrees that the Commission can extend the existing technical rules 
adopted for GSO FSS use to apply to NGSO FSS operations, including 
allowing blanket licensed earth station and ESIMs operations on an 
unprotected basis. SpaceX further notes that NGSO ESIMs can help to 
supplement gaps in service for maritime, airborne, and land operations, 
and that the Commission has already determined that allowing blanket 
licensing on an unprotected basis in the band will increase FSS 
operators' ability to use the band more efficiently for advanced 
satellite services without risk of interference to other services.
    The Commission concluded in the 17 GHz GSO Order that blanket-
licensed earth stations and ESIMs operating on an unprotected basis in 
the 17.3-17.8 GHz band pose no interference threat to other services, 
nor will they place any undue coordination burden on incumbent 
operators. The Commission determined that it is in the public interest 
to allow these operations to increase FSS operators' flexibility to use 
the band more efficiently for the provisioning of advanced satellite 
services for the benefit of American consumers. With respect to 
concerns about the potential for harmful interference to terrestrial 
fixed services, the Commission found that the risk of interference is 
minimal and that the technical standards adopted in the 17 GHz GSO 
Order are sufficient to protect those services irrespective of whether 
or not blanket-licensed earth stations or ESIMs would be permitted in 
the band.
    The Commission finds that it is in the public interest to take the 
same approach in this proceeding and accordingly extend the 
authorization of individual and blanket-licensed earth stations in the 
17.3-17.8 GHz band to include NGSO FSS earth stations. The Commission 
modifies Sec.  25.115(f)(2) of the Commission's rules to permit 
individual or blanket licensed earth stations in the 17.3-17.8 GHz band 
by amending the rule to include the 17.3-17.7 GHz band and the 17.7-
17.8 GHz band as authorized bands for operation of individual or 
blanket license applications. Additionally, the Commission clarifies 
that blanket licensing in the 17.7-17.8 GHz band is on an unprotected 
basis with respect to current and future systems operating in the fixed 
service. Section 25.202(a)(10)(iii) of the Commission's rules is also 
revised to add the ``17.3-17.7 GHz (space-to-Earth)'' and ``17.7-17.8 
GHz (space-to-Earth)'' frequency bands to the list of frequencies 
available for use by ESIMs communicating with NGSO FSS space stations. 
Accordingly, the Commission also modifies Sec.  2.106(d)(527)(vi) (non-
Federal government NG527A of the U.S. Table) to reflect this 
allocation.

C. Digital Equity and Inclusion

    In the 17 GHz NGSO Notice, the Commission noted its continuing 
efforts to advance digital equity for all, including people of color, 
persons with disabilities, persons who live in rural or Tribal areas, 
and others who are or have been historically undeserved, marginalized, 
or adversely affected by persistent poverty or inequality. 
Specifically, the Commission asked for comment on any equity-related 
considerations and benefits associated with the proposals included in 
the 17 GHz NGSO Notice, and how such proposals may promote or inhibit 
advances in diversity, equity, and inclusion, and accessibility, as 
well as the scope of the Commission's relevant legal authority.
    Several parties commented on how digital equity and inclusion can 
be advanced with the proposals included in the 17 GHz NGSO Notice. 
Kuiper asserts that allocating the 17.3-17.8 GHz band to NGSO FSS 
systems will increase the availability and quality of satellite 
broadband services, as NGSO FSS systems are well positioned to reach 
consumers in rural or impoverished areas and can help to mitigate 
disproportionate impacts of inadequate connectivity in these areas. 
Additionally, Kuiper notes that opening the band to NGSO FSS will help 
to bridge the digital divide by allowing for a greater variety of 
service providers offering more cost-effective broadband offerings to 
consumers and businesses, thereby creating more accessible and 
affordable service options and increasing competition for consumers in 
remote or rural regions. SpaceX asserts that opening the 17 GHz band 
for NGSO FSS use presents an opportunity to provide critical broadband 
connectivity to consumers and businesses in all areas of the country 
with high-capacity, low latency broadband services. The Satellite 
Companies also note that permitting an NGSO FSS allocation in the 17 
GHz band will allow for more efficient and intensive use of the band, 
in turn allowing consumers greater access to reliable satellite-enabled 
services in even the most remote locations and will help to meet the 
growing demands for spectrum resources for advanced, next-generation 
satellite services. Mangata agrees, asserting that the additional 
downlink capacity will further the Commission's goals of delivering 
high-speed broadband to unserved and underserved consumers, businesses, 
schools, and healthcare facilities.
    The Commission agrees with commenters' positions that permitting 
NGSO FSS downlink operations in the 17 GHz band will provide increased 
availability of satellite services, resulting in greater and more 
reliable broadband services to consumers in rural and underserved areas 
and to all Americans. The Commission also agrees that these efforts to 
increase connectivity to historically underserved communities are in 
line with the Commission's mandate under the Communications Act and 
efforts to comply with Executive Order 13985. With these critical 
considerations in mind, the actions taken in the Report and Order to 
authorize NGSO FSS services in the 17 GHz band are aimed at increasing 
accessibility, supporting technological innovation and competition, and 
furthering the Commission's goal of increasing connectivity for all 
consumers.

IV. Final Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act of 1980, as amended 
(RFA), an Initial Regulatory Flexibility Analysis (IFRA) was 
incorporated in the 17 GHz NGSO Notice. The Commission sought written 
public comment on the proposals in the 17 GHz NGSO Notice, including 
comment on the IFRA. No comments were received on the IFRA. The Final 
Regulatory Flexibility Analysis (FRFA) in the Report and Order conforms 
to the RFA.

[[Page 96600]]

A. Need for, and Objectives of, the Report and Order

    The Report and Order allocates spectrum for NGSO FSS downlink 
operations in the 17.3-17.7 GHz and 17.7-17.8 GHz frequency bands. More 
specifically, the Commission permits use of the 17.3-17.7 GHz band by 
NGSO FSS in the space-to-Earth (downlink) direction on a co-primary 
basis with incumbent services and on a shared, co-primary basis with 
geostationary satellite orbit space stations. The Commission also 
permits NGSO FSS downlink use of the 17.7-17.8 GHz on a co-primary 
basis with GSO FSS downlink operations and permit authorization of 
receiving FSS receiving earth stations and on a shared basis with 
respect to GSO FSS downlink operations. In addition, the Report and 
Order adopts technical standards to prevent harmful interference from 
NGSO satellites to incumbent service operations, geostationary 
satellite orbit operations, and terrestrial fixed services operating in 
the 17 GHz band. The Commission finds that NGSO in the FSS can share 
the 17 GHz band in an efficient and effective manner with GSO FSS and 
incumbent terrestrial fixed service without causing harmful 
interference. The rules adopted in the Report and Order will continue 
to facilitate the deployment of NGSO FSS systems capable of providing 
advanced satellite communication services across the nation, promote 
growth and innovation within the domestic and global space economy, and 
promote competition among NGSO FSS system operators in the provision of 
satellite communications services to consumers, as well as continue to 
advance the Commission's goal of furthering the efficient use of 
spectrum.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IFRA

    There were no comments filed that specifically addressed the rules 
and policies in the IFRA.

C. Response to Comments by the Chief Counsel for Advocacy of the Small 
Business Administration

    Pursuant to the Small Business Jobs Act of 2010, which amended the 
RFA, the Commission is required to respond to any comments filed by the 
Chief Counsel for Advocacy of the Small Business Administration (SBA), 
and to provide a detailed statement of any change made to the proposed 
rules as a result of those comments. The Chief Counsel did not file any 
comments in response to the proposed rules in this proceeding.

D. Description and Estimate of the Number of Small Entities to Which 
Rules Will 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 the rules adopted in the Report and Order. The RFA 
generally defines the term ``small entity'' as having the same meaning 
as the terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' In addition, the term ``small business'' 
has the same meaning as the term ``small business concern'' under the 
Small Business Act. 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 
SBA.
    Satellite Telecommunications. The industry 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.'' Satellite 
telecommunications service providers include satellite and earth 
station operations. The SBA small business size standard for this 
industry classifies a business with $44 million or less in annual 
receipts as small. U.S. Census Bureau data for 2017 show that 275 firms 
in this industry operated for the entire year. Of this number, 242 
firms had revenue of less than $25 million. Additionally, based on 
Commission data in the 2022 Universal Service Monitoring Report, as of 
December 31, 2021, there were 65 providers that reported they were 
engaged in the provision of satellite telecommunications services. Of 
these providers, the Commission estimates that approximately 42 
providers have 1,500 or fewer employes. Consequently, using the SBA's 
small business size standard, a little more than half of these 
providers can be considered small entities.
    All Other Telecommunications. This industry is comprised of 
establishments primarily engaged in providing specialized 
telecommunications services, such as satellite tracking, communications 
telemetry, and radar station operation. 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. 
Establishments providing internet services or voice over internet 
protocol (VoIP) services via client-supplied telecommunications 
connections are also included in this industry. Establishment in this 
industry do not operate as telecommunications carriers. The SBA small 
business size standard for this industry classifies firms with annual 
receipts of $40 million or less as small. U.S. Census Bureau data for 
2017 show that there were 1,079 firms in this industry that operated 
for the entire year. Of those firms, 1,039 had revenue of less than $25 
million. Based on this data, the Commission estimates that the majority 
of ``All Other Telecommunications'' firms can be considered small.

E. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    The Report and Order adopts several rule changes that would affect 
compliance requirements for entities operating NGSO FSS systems in the 
17 GHz band. For example, the Report and Order adopts rules for 
operations by NGSO FSS operators in the 17.3-17.8 GHz band, including 
revisions to some existing technical requirements that will now apply 
to these FSS operations. With regard to compliance costs that could 
result from requirements adopted in this proceeding, the record does 
not include the requisite cost analysis or information that would allow 
the Commission to quantify the costs of compliance for any impacted 
small entities, including whether it will be necessary for small 
entities to hire professionals to comply with the adopted rules. In 
total, the actions in the Report and Order 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.

F. Steps Taken To Minimize the Significant Economic Impact on Small 
Entities and Significant Alternatives Considered

    The RFA requires an agency to provide, ``a description of the steps 
the agency has taken to minimize the significant economic impact on 
small entities . . . including a statement of the factual, policy, and 
legal reasons for selecting the alternative adopted in the final rule 
and why each one of the other significant alternatives to the rule 
considered by the agency which affect

[[Page 96601]]

the impact on small entities was rejected.''
    In the Report and Order, the Commission considers whether and how 
to apply various technical rules to enable NGSO FSS operations to share 
the 17.3-17.8 GHz band with other services in an efficient and 
effective manner while protecting other authorized users of the band 
from harmful interference. This includes consideration, for example, of 
power levels and other technical considerations, and what information 
the Commission may need to assess compliance with technical 
requirements, taking into consideration potential impact on the 
applicant or operator. As one example, the Commission declines to 
require submission of additional technical information prior to 
satellite operation, instead requiring that NGSO FSS applicants submit 
information that operators will have already prepared and submitted to 
international bodies for review and certification. The Commission also 
declines to impose reporting requirements that would require operators 
to gather or produce any new other data specific to the rules adopted 
in the Report and Order.
    With regard to EPFD limits applicable to the 17.8-18.4 GHz band, 
the Commission considers and extends the EPFD limits applicable to the 
17.8-18.4 GHz band to the adjacent 17.3-17.7 GHz band, and similarly 
extends these EPFD limits to the 17.7-17.8 GHz band. The Commission 
agrees with commenters that the existing EPFD limits are sufficient to 
protect DBS space stations and BSS receive stations from potential 
interference, and are sufficient to address concerns raised by GSO FSS 
operators that proposed an exclusion zone angle. Therefore, the 
Commission declines to adopt additional requirements which could 
increase the economic impact and burden of compliance with the Report 
and Order. The Commission also declines to require additional technical 
showings regarding arc avoidance angle compliance in applications for 
NGSO licenses which would add an additional component to the 
application requirements and could increase the burden of compliance. 
Similarly regarding coordination, consistent with commenters' positions 
that the Commission has sufficient frameworks in place for sharing and 
coordination between NGSO and GSO operators, the Commission declines to 
modify these existing frameworks to add an additional compliance 
approval process in this proceeding. Overall, the Commission's actions 
not to impose certain new and/or additional reporting and other 
requirements will help minimize the economic impact and reduce the 
compliance burdens for small and other affected licensees.

G. Report to Congress

    The Commission will send a copy of the Report and Order, including 
the FRFA, in a report to be sent to Congress pursuant to the 
Congressional Review Act. In addition, the Commission will send a copy 
of the Report and Order, including the FRFA, to the Chief Counsel for 
Advocacy of the SBA.

V. Ordering Clauses

    Accordingly, it is ordered that, pursuant to the authority found in 
Sec. Sec.  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), and 303(r), the Report and Order is hereby 
adopted.
    It is further ordered that the Report and Order, including the 
rules set forth at Appendix A, shall be effective 30 days after 
publication in the Federal Register.
    It is further ordered that the Commission's Office of the Secretary 
shall send a copy of the Report and Order, including the Final 
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of 
the Small Business Administration.
    It is further ordered that the Commission's Office of the Managing 
Director, Performance and Program Management, shall send a copy of the 
Report and Order in a report to be sent to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act, see 5 
U.S.C. 801(a)(1)(A).

List of Subjects

47 CFR Part 2

    Communications, Satellites, Telecommunications.

47 CFR Part 25

    Incorporation by reference, Satellites.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 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. Amend Sec.  2.106 by revising paragraphs (d)(58)(i) and (iv) and 
(d)(527)(vi) to read as follows:

Sec.  2.106  Table of Frequency Allocations.

* * * * *
    (d) * * *
    (58) * * *
    (i) The use of the band 17.3-17.8 GHz by the broadcasting-satellite 
service is limited to geostationary satellites.
* * * * *
    (iv) In the band 17.7-17.8 GHz, earth stations in the fixed-
satellite service may be authorized for the reception of FSS emissions 
from geostationary satellites and non-geostationary satellites, subject 
to the condition that these earth stations shall not claim protection 
from transmissions of non-Federal stations in the fixed-service that 
operate in the band.
* * * * *
    (527) * * *
    (vi) In the band 17.3-17.8 GHz, ESIMs may be authorized for the 
reception of FSS emissions from geostationary satellites and non-
geostationary satellites on an unprotected basis.
* * * * *

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.  25.115 by revising paragraph (f)(2) to read as follows:

Sec.  25.115  Applications for earth station authorizations.

* * * * *
    (f) * * *
    (2) Individual or blanket license applications may be filed for 
operation in the 10.7-12.7 GHz, 14-14.5 GHz, 17.3-17.7 GHz, 17.7-17.8 
GHz, 17.8-18.6 GHz, 18.8-19.4 GHz, 19.6-20.2 GHz, 28.35-29.1 GHz, or 
29.5-30.0 GHz bands; however, ESIMs cannot operate in the 28.35-28.4 
GHz band and blanket licensing in the 10.7-11.7 GHz, 17.7-17.8 GHz, 
17.8-18.3 GHz, 19.3-19.4 GHz, and 19.6-19.7 GHz bands is on an 
unprotected basis with respect to current and future systems operating 
in the fixed service.
* * * * *

0
5. Amend Sec.  25.124 by revising paragraph (a)(6) to read as follows:

Sec.  25.124   Unified space station and earth station authorization.

    (a) * * *

[[Page 96602]]

    (6) NGSO FSS: 10.7-12.7 GHz, 14.4-14.5 GHz, 17.3-17.8 GHz, 17.8-
18.6 GHz, 18.8-19.4 GHz, 19.6-20.2 GHz, 28.35-29.1 GHz, 29.5-30.0 GHz, 
40-42 GHz, and 48.2-50.2 GHz;
* * * * *

0
6. Amend Sec.  25.146 by revising paragraphs (a)(1) and (2) to read as 
follows:

Sec.  25.146   Licensing and operating provisions for NGSO FSS space 
stations.

    (a) * * *
    (1) Any applicable power flux-density levels in Article 21, Section 
V, Table 21-4 of the ITU Radio Regulations (incorporated by reference, 
Sec.  25.108), except:
    (i) in the 19.3-19.4 GHz and 19.6-19.7 GHz bands, applicants must 
certify that they will comply with the ITU power flux-density limits 
governing NGSO FSS systems in the 17.7-19.3 GHz band; and
    (ii) in the 17.3-17.7 GHz band, applicants must certify that they 
will comply with the ITU power flux-density limits governing NGSO FSS 
systems in the 17.7-17.8 GHz band; and
    (2) Any applicable equivalent power flux-density levels in Article 
22, Section II, and Resolution 76 of the ITU Radio Regulations (both 
incorporated by reference, Sec.  25.108), except that for operations in 
the 17.3-17.8 GHz band, applicants must certify that they will comply 
with the ITU equivalent power flux-density limits applicable to NGSO 
FSS system operations in the 17.8-18.4 GHz band.
* * * * *

0
7. Amend Sec.  25.202 by revising paragraphs (a)(1)(iii) and 
(a)(10)(iii) to read as follows:

Sec.  25.202   Frequencies, frequency tolerance, and emission limits.

    (a) * * *
    (1) * * *
    (iii) The U.S. non-Federal Table of Frequency Allocations, in Sec.  
2.106 of this chapter, is applicable between Commission space station 
licensees relying on a U.S. ITU filing and transmitting to or receiving 
from anywhere on Earth, including airborne earth stations, in the 17.3-
20.2 GHz or 27.5-30.0 GHz bands.
* * * * *
    (10) * * *
    (iii) The following frequencies are available for use by Earth 
Stations in Motion (ESIMs) communicating with NGSO FSS space stations, 
subject to the provisions in Sec.  2.106 of this chapter:
    10.7-11.7 GHz (space-to-Earth)
    11.7-12.2 GHz (space-to-Earth)
    14.0-14.5 GHz (Earth-to-space)
    17.3-17.7 GHz (space-to-Earth)
    17.7-17.8 GHz (space-to-Earth)
    17.8-18.3 GHz (space-to-Earth)
    18.3-18.6 GHz (space-to-Earth)
    18.8-19.3 GHz (space-to-Earth)
    19.3-19.4 GHz (space-to-Earth)
    19.6-19.7 GHz (space-to-Earth)
    19.7-20.2 GHz (space-to-Earth)
    28.4-28.6 GHz (Earth-to-space)
    28.6-29.1 GHz (Earth-to-space)
    29.5-30.0 GHz (Earth-to-space)
* * * * *
[FR Doc. 2024-28390 Filed 12-4-24; 8:45 am]
BILLING CODE 6712-01-P
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