96590 Federal Register / Vol. 89, No. 234 / Thursday, December 5, 2024 / Rules and Regulations 

(v) A placement that complies with 

the order of preference for foster care or 

pre-adoptive placements established by 

an Indian child’s Tribe. 

(6) Foster care and pre-adoptive 

placement preferences under ICWA. 

Indicate which foster care or preadoptive placements, reported in 

paragraph (e)(1) of this section, meet the 

placement preferences of ICWA in 25 

U.S.C. 1915(b) and (c) by indicating 

with whom the Indian child is placed. 

Indicate ‘‘a member of the Indian child’s 

extended family,’’ ‘‘a foster home 

licensed, approved, or specified by the 

Indian child’s Tribe,’’ ‘‘an Indian foster 

home licensed or approved by an 

authorized non-Indian licensing 

authority,’’ ‘‘an institution for children 

approved by an Indian Tribe or operated 

by an Indian organization which has a 

program suitable to meet the Indian 

child’s needs,’’ ‘‘a placement that 

complies with the order of preference 

for foster care or pre-adoptive 

placements established by an Indian 

child’s Tribe’’ or ‘‘placement does not 

meet ICWA placement preferences.’’ If 

the state IV–E agency indicated 

‘‘placement does not meet ICWA 

placement preferences,’’ then the state 

IV–E agency must complete paragraph 

(i)(7) of this section. Otherwise, the state 

title IV–E agency must leave paragraph 

(i)(7) of this section blank. 

(7) Good cause under ICWA, foster 

care. Indicate whether the court 

determined by clear and convincing 

evidence, on the record or in writing, a 

good cause to depart from the ICWA 

placement preferences in accordance 

with 25 U.S.C. 1915(b) or to depart from 

the placement preferences of the Indian 

child’s Tribe in accordance with 25 

U.S.C. 1915(c). Indicate ‘‘yes’’ or ‘‘no.’’ 

If the state title IV–E agency indicated 

‘‘yes,’’ then the state title IV–E agency 

must indicate the basis for good cause 

in paragraph (i)(8) of this section. If the 

state title IV–E agency indicated ‘‘no,’’ 

then the state title IV–E agency must 

leave paragraph (i)(8) of this section 

blank. 

(8) Basis for good cause, foster care. 

If the state title IV–E agency indicated 

‘‘yes’’ to paragraph (i)(7) of this section, 

indicate the state court’s basis for 

determining good cause to depart from 

ICWA placement preferences by 

indicating ‘‘yes’’ or ‘‘no’’ in each 

paragraph (i)(8)(i) through (v) of this 

section: 

(i) Request of one or both of the 

Indian child’s parents. 

(ii) Request of the Indian child. 

(iii) The unavailability of a suitable 

placement after a determination by the 

court that a diligent search was 

conducted to find suitable placements 

meeting the placement preferences in 

ICWA at 25 U.S.C. 1915 but none has 

been located. 

(iv) The extraordinary physical, 

mental, or emotional needs of the Indian 

child, such as specialized treatment 

services that may be unavailable in the 

community where families who meet 

the placement preferences live. 

(v) The presence of a sibling 

attachment that can be maintained only 

through a particular placement. 

(9) Active efforts. Indicate whether the 

state title IV–E agency made active 

efforts to prevent the breakup of the 

Indian family in accordance with 25 

U.S.C 1912(d) and 25 CFR 23.2. Indicate 

‘‘yes’’ or ‘‘no.’’ 

(10) Available ICWA adoptive 

placements. If the state title IV–E agency 

indicated the child exited to adoption in 

paragraph (g)(3) of this section, indicate 

which adoptive placements that meet 

the placement preferences in ICWA at 

25 U.S.C. 1915(a) and (c) were willing 

to accept placement. Indicate in each 

paragraph (i)(10)(i) through (iv) of this 

section ‘‘yes,’’ ‘‘no,’’ or ‘‘not 

applicable.’’ If the Indian child’s Tribe 

established a different order of 

preference by resolution in accordance 

with 25 U.S.C. 1915(c), the state title 

IV–E agency must complete paragraph 

(i)(10)(iv) of this section and leave 

paragraph (i)(10)(i) through (iii) of this 

section blank. 

(i) A member of the Indian child’s 

extended family. 

(ii) Other members of the Indian 

child’s Tribe. 

(iii) Other Indian families. 

(iv) A placement that complies with 

the order of preference placements 

established by an Indian child’s Tribe. 

(11) Adoption placement preferences 

under ICWA. If the state title IV–E 

agency indicated the child exited to 

adoption in paragraph (g)(3) of this 

section, indicate whether the adoptive 

placement meets the adoptive 

placement preferences of ICWA in 25 

U.S.C. 1915(a) and (c) by indicating 

with whom the Indian child is placed. 

Indicate ‘‘a member of the Indian child’s 

extended family,’’ ‘‘other members of 

the Indian child’s Tribe,’’ ‘‘other Indian 

families,’’ ‘‘a placement that complies 

with the order of preference for adoptive 

placements established by an Indian 

child’s Tribe,’’ or ‘‘placement does not 

meet ICWA placement preferences.’’ If 

the state IV–E agency indicated 

‘‘placement does not meet ICWA 

placement preferences,’’ then the state 

IV–E agency must complete paragraph 

(i)(12) of this section; otherwise, leave 

paragraph (i)(12) of this section blank. 

(12) Good cause under ICWA, 

adoption. If the state title IV–E agency 

indicated ‘‘placement does not meet 

ICWA placement preferences’’ in 

paragraph (i)(11) of this section, indicate 

whether the court determined by clear 

and convincing evidence, on the record 

or in writing, a good cause to depart 

from the ICWA adoptive placement 

preferences under 25 U.S.C. 1915(a) or 

to depart from the adoptive placement 

preferences of the Indian child’s Tribe 

under 25 U.S.C. 1915(c). Indicate ‘‘yes’’ 

or ‘‘no.’’ If the state title IV–E agency 

indicated ‘‘yes,’’ then the state title IV– 

E agency must indicate the basis for 

good cause in paragraph (i)(13) of this 

section. If the state title IV–E agency 

indicated ‘‘no,’’ then the state title IV– 

E agency must leave paragraph (i)(13) of 

this section blank. 

(13) Basis for good cause, adoption. If 

the state title IV–E agency indicated 

‘‘yes’’ in paragraph (i)(16), indicate the 

state court’s basis for determining good 

cause to depart from ICWA adoptive 

placement preferences by indicating 

‘‘yes’’ or ‘‘no’’ in each paragraph 

(i)(13)(i) through (v) of this section. 

(i) Request of one or both of the 

child’s parents. 

(ii) Request of the Indian child. 

(iii) The unavailability of a suitable 

placement after a determination by the 

court that a diligent search was 

conducted to find suitable placements 

meeting the adoptive placement 

preferences in ICWA at 25 U.S.C. 1915 

but none has been located. 

(iv) The extraordinary physical, 

mental, or emotional needs of the Indian 

child, such as specialized treatment 

services that may be unavailable in the 

community where families who meet 

the adoptive placement preferences live. 

(v) The presence of a sibling 

attachment that can be maintained only 

through a particular adoptive 

placement. 

[FR Doc. 2024–28072 Filed 12–3–24; 8:45 am] 

BILLING CODE P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 2 and 25 

[IB Docket No. 22–273; FCC 24–97; FR ID 

260367] 

NGSO Fixed-Satellite Service (Spaceto-Earth) Operations in the 17.3–17.8 

GHz Band 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission (FCC or 

Commission) adopts rules to permit use 


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Federal Register / Vol. 89, No. 234 / Thursday, December 5, 2024 / Rules and Regulations 96591 

of the 17.3–17.7 GHz band by nongeostationary satellite orbit (NGSO) 

space stations operating in the fixedsatellite service (FSS) in the space-toEarth (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 carolyn.mahoney@fcc.gov. 

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-spectrumsupport-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-changescertain-space-station-regulatory-fees-fy2024 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 


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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 coprimary 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, highgain antennas at a limited number of 

individually-licensed earth station 

locations. The DBS service satellites 

then downlink that video programming 

directly to consumers in the 12.2–12.7 

GHz band. 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 blanketlicensed 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 


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Federal Register / Vol. 89, No. 234 / Thursday, December 5, 2024 / Rules and Regulations 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 § 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 § 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 


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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 § 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 visa`-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 coprimary 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-a`-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 


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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 § 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 intraservice 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-a`-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 


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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 

§ 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 


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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 intersatellite 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 

§ 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 

§ 25.264(b)(1) and (2) of the rules and 

extended a PFD trigger of –117 dBW/ 

m2/100 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 § 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 


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96598 Federal Register / Vol. 89, No. 234 / Thursday, December 5, 2024 / Rules and Regulations 

‘‘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 § 25.146, 

which includes the ITU EPFD and PFD 

limits discussed in the Report and 

Order, in the narrative of the application 

pursuant to § 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 cofrequency DBS feeder link earth 

stations. The Commission amended 

§ 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 blanketlicensed 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 § 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 § 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 blanketlicensed earth stations and ESIMs 

receiving from NGSO FSS systems in 


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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 § 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 

§ 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. 


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96600 Federal Register / Vol. 89, No. 234 / Thursday, December 5, 2024 / Rules and Regulations 

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, coprimary 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 clientsupplied 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 


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Federal Register / Vol. 89, No. 234 / Thursday, December 5, 2024 / Rules and Regulations 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 

§§ 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 

■ 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 by revising 

paragraphs (d)(58)(i) and (iv) and 

(d)(527)(vi) to read as follows: 

§ 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 nonFederal 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 

■ 3. The authority citation for part 25 

continues to read as follows: 

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

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

otherwise noted. 

■ 4. Amend § 25.115 by revising 

paragraph (f)(2) to read as follows: 

§ 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. 

* * * * * 

■ 5. Amend § 25.124 by revising 

paragraph (a)(6) to read as follows: 

§ 25.124 Unified space station and earth 

station authorization. 

(a) * * * 


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96602 Federal Register / Vol. 89, No. 234 / Thursday, December 5, 2024 / Rules and Regulations 

(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; 

* * * * * 

■ 6. Amend § 25.146 by revising 

paragraphs (a)(1) and (2) to read as 

follows: 

§ 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, § 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, § 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. 

* * * * * 

■ 7. Amend § 25.202 by revising 

paragraphs (a)(1)(iii) and (a)(10)(iii) to 

read as follows: 

§ 25.202 Frequencies, frequency tolerance, 

and emission limits. 

(a) * * * 

(1) * * * 

(iii) The U.S. non-Federal Table of 

Frequency Allocations, in § 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 § 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 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R2–ES–2022–0173; 

FXES1111090FEDR–256–FF09E21000] 

RIN 1018–BF79 

Endangered and Threatened Wildlife 

and Plants; Endangered Species 

Status for Swale Paintbrush 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), determine 

endangered species status under the 

Endangered Species Act of 1973 (Act), 

as amended, for the swale paintbrush 

(Castilleja ornata), a flowering plant 

species from New Mexico within the 

United States and the states of 

Chihuahua and Durango in Mexico. 

This rule extends the Act’s protections 

to the species. We find that designating 

critical habitat for the swale paintbrush 

is not prudent. 

DATES: This rule is effective January 6, 

2025. 

ADDRESSES: This final rule, supporting 

materials we used in preparing this rule 

(such as the species status assessment 

report), and comments we received on 

the June 8, 2023, proposed rule are 

available on the internet at https://

www.regulations.gov under Docket No. 

FWS–R2–ES–2022–0173. 

FOR FURTHER INFORMATION CONTACT: 

Shawn Sartorius, Field Supervisor, U.S. 

Fish and Wildlife Service, New Mexico 

Ecological Services Field Office, 2105 

Osuna Road NE, Albuquerque, NM 

87113; telephone 505–346–2525. 

Individuals in the United States who are 

deaf, deafblind, hard of hearing, or have 

a speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

Why we need to publish a rule. Under 

the Act (16 U.S.C. 1531 et seq.), a 

species warrants listing if it meets the 

definition of an endangered species (in 

danger of extinction throughout all or a 

significant portion of its range) or a 

threatened species (likely to become an 

endangered species within the 

foreseeable future throughout all or a 

significant portion of its range). If we 

determine that a species warrants 

listing, we must list the species 

promptly and designate the species’ 

critical habitat to the maximum extent 

prudent and determinable. We have 

determined that the swale paintbrush 

meets the Act’s definition of an 

endangered species; therefore, we are 

listing it as such. Listing a species as an 

endangered or threatened species can be 

completed only by issuing a rule 

through the Administrative Procedure 

Act rulemaking process (5 U.S.C. 551 et 

seq.). 

What this document does. This rule 

lists the swale paintbrush as an 

endangered species under the Act. 

The basis for our action. Under the 

Act, we may determine that a species is 

an endangered or threatened species 

because of any of five factors: (A) The 

present or threatened destruction, 

modification, or curtailment of its 

habitat or range; (B) overutilization for 

commercial, recreational, scientific, or 

educational purposes; (C) disease or 

predation; (D) the inadequacy of 

existing regulatory mechanisms; or (E) 

other natural or manmade factors 

affecting its continued existence. We 

have determined that habitat loss and 

fragmentation, hydrological alteration, 

altered fire regimes, effects from 

intensive grazing pressure, exotic plant 

invasion, climate change impacts (i.e., 

drought and increased cool season 

temperatures), and the cumulative 

effects of multiple stressors are threats 

to the swale paintbrush to the degree 

that listing it as an endangered species 

under the Act is warranted. 

Additionally, future collection risk may 

have compounding impacts on the 

species’ viability. 

Section 4(a)(3) of the Act requires the 

Secretary of the Interior (Secretary), to 

the maximum extent prudent and 

determinable, concurrently with listing 

designate critical habitat for the species. 

We have determined that designating 

critical habitat for the swale paintbrush 


khammond on DSK9W7S144PROD with RULES