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[Federal Register Volume 89, Number 246 (Monday, December 23, 2024)]
[Proposed Rules]
[Pages 104499-104502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30244]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 26

[WT Docket No. 24-687; DA 24-1230; FRS 268462]

Wireless Telecommunications Bureau Seeks Comment on Mechanism and 
Criteria for Selecting Space Launch Frequency Coordinator

AGENCY: Federal Communications Commission.

ACTION: Notification.

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SUMMARY: In this Public Notice, the Wireless Telecommunications Bureau 
(Bureau) makes proposals and seeks comment on criteria and a mechanism 
for selecting a Space Launch Frequency Coordinator for the Federal 
Communications Commission's (Commission) Space Launch Service. In 
particular, it proposes a process in which interested parties would 
file applications electronically using the Commission's Electronic 
Comment Filing System in WT Docket 24-687, through which they would 
demonstrate certain minimum qualifying criteria. Filers responding to 
this Public Notice should submit comments in WT Docket No. 24-687.

DATES: Interested parties may file comments on or before January 22, 
2025.

ADDRESSES: You may submit comments, identified by WT Docket No. 24-687, 
by any of the following methods:
     Comments may be filed using the Commission's Electronic 
Comment Filing System (ECFS).
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing ECFS: https://www.fcc.gov/ecfs/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing.
    [cir] Filings can be sent by hand or messenger delivery, by 
commercial overnight courier, or by First-Class or overnight U.S. 
Postal Service mail. All filings must be addressed to the

[[Page 104500]]

Commission's Secretary, Office of the Secretary, Federal Communications 
Commission.
    [cir] All hand-delivered or messenger-delivered paper filings for 
the Commission's Secretary are accepted between 8 a.m. and 4 p.m. at 
9050 Junction Drive, Annapolis Junction, MD 20701. All hand deliveries 
must be held together with rubber bands or fasteners. Any envelopes and 
boxes must be disposed of before entering the building.
    [cir] Commercial overnight deliveries (other than U.S. Postal 
Service Express Mail and Priority Mail) must be sent to 9050 Junction 
Drive, Annapolis Junction, MD 20701.
    U.S. Postal Service First-Class, Express, and Priority mail must be 
addressed to Secretary, Federal Communications Commission, 45 L St. NE, 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Mark DeSantis, Wireless 
Telecommunications Bureau, Mobility Division, (202) 418-0678 or 
[email protected]. For information regarding the PRA information 
collection requirements, contact Cathy Williams, Office of Managing 
Director, at 202-418-2918 or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the WTB Public Notice, 
WT Docket No. 24-687; DA 24-1230, released on December 6, 2024. The 
released, formatted version of this document is available at https://docs.fcc.gov/public/attachments/DA-24-1230A1.pdf. Text and Microsoft 
Word formats are also available (replace ``.pdf'' in the link with 
``.txt'' or ``.docx'', respectively. Alternative formats are available 
for people with disabilities (braille, large print, electronic files, 
audio format), by sending an email to [email protected] or call the 
Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530 
(voice), (202) 418-0432 (TTY).

Ex Parte Rules

    The proceeding this Public Notice initiates shall be treated as a 
``permit-but-disclose'' proceeding in accordance with the Commission's 
ex parte rules. Persons making ex parte presentations must file a copy 
of any written presentation or a memorandum summarizing any oral 
presentation within two business days after the presentation (unless a 
different deadline applicable to the Sunshine period applies). Persons 
making oral ex parte presentations are reminded that memoranda 
summarizing the presentation must (1) list all persons attending or 
otherwise participating in the meeting at which the ex parte 
presentation was made; and (2) summarize all data presented and 
arguments made during the presentation. If the presentation consisted 
in whole or in part of the presentation of data or arguments already 
reflected in the presenter's written comments, memoranda, or other 
filings in the proceeding, the presenter may provide citations to such 
data or arguments in his or her prior comments, memoranda, or other 
filings (specifying the relevant page and/or paragraph numbers where 
such data or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with Sec.  1.1206(b) of the Commission's rules. In 
proceedings governed by Sec.  1.49(f) of the rules or for which the 
Commission has made available a method of electronic filing, written ex 
parte presentations and memoranda summarizing oral ex parte 
presentations, and all attachments thereto, must be filed through the 
electronic comment filing system available for that proceeding, and 
must be filed in their native format (e.g., .doc, .xml, .ppt, 
searchable .pdf). Participants in this proceeding should familiarize 
themselves with the Commission's ex parte rules.

Supplemental Initial 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.'' If an agency files a 
certification with a rulemaking, the certification must contain a 
statement that provides a factual basis for its conclusion that there 
will not be significant economic impact on a substantial number of 
small entities. Accordingly, the Commission has prepared an Initial 
Regulatory Flexibility Certification (IRFC) certifying that any rules 
subject to the RFA that may be contained in this Public Notice will not 
have a significant economic impact on a substantial number of small 
entities.

Paperwork Reduction Act Analysis

    This Public Notice may contain proposed modified information 
collection requirements. The Commission, as part of its continuing 
effort to reduce paperwork burdens, invites the general public and the 
Office of Management and Budget to comment on the information 
collection requirements contained in this Public Notice, as required by 
the Paperwork Reduction Act of 1995, Public Law 104-13. In addition, 
pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 
107-198, see 44 U.S.C. 3506(c)(4), we seek specific comment on how we 
might further reduce the information collection burden for small 
business concerns with fewer than 25 employees.

Synopsis

    By this Public Notice, as directed by the Commission in the Second 
Report and Order (89 FR 63296-01, August 5, 2024) in this proceeding, 
the Wireless Telecommunications Bureau (Bureau) proposes and seeks 
comment on the mechanism and criteria for selecting the third-party 
frequency coordinator for the new commercial Space Launch Service. 
After reviewing the record, the Bureau will issue subsequent public 
notice(s) that announces the criteria for selection of the frequency 
coordinator, as well as a filing window for submission of applications 
to serve as the space launch frequency coordinator. The Bureau also 
proposes that the applicant selected to serve as the third-party space 
launch frequency coordinator will be required to execute a Memorandum 
of Understanding with the Commission. The Bureau issues this Public 
Notice at this time as part of an effort to meet the statutorily 
mandated deadlines set forth in the Launch Communications Act.

I. Background

    In the Second Report and Order, the Commission adopted a new 
secondary allocation in the 2025-2110 MHz band for non-Federal Space 
Operation and, for the 2200-2290 MHz band, made the entire band 
available for secondary non-Federal Space Operation. The Commission 
also adopted a licensing framework for these two bands under a new part 
26 Space Launch Service. Under the framework, eligible space launch 
operators seeking authorization in either band will: (1) apply for and 
obtain a non-exclusive nationwide license in the Commission's Universal 
Licensing System (ULS); (2) register in ULS their launch sites and 
operational parameters, space launch vehicle stations, and each 
corresponding station (fixed, base, itinerant, or mobile) needed to 
support a launch; (3) complete a frequency coordination process using a 
third-party frequency coordinator; and (4) following successful 
coordination, register in ULS the technical and

[[Page 104501]]

operating parameters associated with each specific coordinated launch 
prior to commencing operations. A space launch operator must register 
the final coordinated technical parameters in ULS to be authorized to 
commence launch operations. The Second Report and Order requires that a 
single third-party frequency coordinator shepherd both Federal and non-
Federal coordination on a post-grant, per-launch basis. Requirements 
for the third-party frequency coordinator are set forth in Commission 
rule Sec.  26.202, adopted in the Second Report and Order.
    Federal Coordination. Pursuant to the Second Report and Order, 
Federal coordination is required on a per-launch basis in both the 
2025-2110 MHz and 2200-2290 MHz bands, to be initiated after the launch 
operator has registered its applicable site and station information in 
ULS. Once the third-party frequency coordinator verifies that the 
operator is licensed and that the request is consistent with the 
Commission's rules, it will initiate coordination with the National 
Telecommunications and Information Administration (NTIA). For Federal 
coordination in both bands, the third-party frequency coordinator may 
provide a showing that the operational and technical parameters of a 
proposed launch are consistent with a prior successful coordination and 
that the space launch licensee continues to comply with any conditions 
or agreements resulting from such prior coordination, or that its 
proposed launch is covered by an applicable coordination agreement with 
co-frequency entities.
    Non-Federal Coordination. Pursuant to the Second Report and Order, 
non-Federal coordination is required in the 2025-2110 MHz band. Once a 
launch operator has registered its site and station information and 
submitted its coordination request to the third-party frequency 
coordinator, the coordinator will verify that the operator is licensed 
and that the request is consistent with the Commission's rules, and 
then contact the Society of Broadcast Engineers (SBE) Frequency 
Coordination Manager and the relevant SBE local market coordinator to 
initiate coordination for the local launch site. There is no 
requirement to conduct per-launch coordination with non-Federal users 
in the 2025-2110 MHz band if the launch operator can demonstrate its 
proposed uplink operations meet the protection criteria by providing a 
showing to the third-party frequency coordinator that: (a) it has 
previously coordinated its proposed operations with the SBE Frequency 
Coordination Manager and continues to comply with any conditions or 
agreements resulting from such prior coordination; (b) it has 
ascertained that its proposal will not constrain, preclude, nor 
interfere with incumbents in the band, including Broadcast Auxiliary 
Service licensees, Cable Television Relay Service licensees, and Local 
Television Transmission Service licensees; and (c) it has demonstrated 
in a technical showing that its proposed operation will not create more 
than 0.5 dB increase in the noise threshold of a receiver at a fixed or 
temporary fixed electronic news gathering receive site.
    Launch Communications Act. Following the Commission's adoption of 
the Second Report and Order, Congress enacted the Launch Communications 
Act (LCA) on September 26, 2024. The LCA requires Commission action 
with respect to three frequency bands: the 2025-2110 MHz and 2200-2290 
MHz bands that were the subject of the Second Report and Order, and the 
2360-2395 MHz band, upon which the Commission sought comment in the 
Second Further Notice (89 FR 6488-01, February 1, 2024). The LCA first 
requires the Commission to, within 90 days of enactment, allocate each 
of these bands on a secondary basis for commercial space launches and 
reentries, and complete any proceeding in effect related to the 
adoption of service rules for these three bands. In order to meet the 
90-day requirement, we anticipate that the Commission would benefit 
from development of a record that includes the issues included in this 
Public Notice.
    In a companion Public Notice published elsewhere in this issue of 
the Federal Register, the Bureau on delegated authority proposes and 
seeks comment on licensing and coordination procedures for the space 
launch service, which currently applies to the 2025-2110 MHz and 2200-
2290 MHz bands. In the event the Commission incorporates the 2360-2395 
MHz band into the part 26 Space Launch Service licensing framework, the 
Bureau also includes in that separate Public Notice proposed licensing 
and coordination procedures for the 2360-2395 MHz band. We take the 
same approach in this Public Notice, where any proposals assume that a 
third-party frequency coordinator will have responsibilities to 
coordinate, per the LCA, requests for space launch operations in three 
bands: 2025-2110 MHz MHz, 2200-2290 MHz, and 2360-2395 MHz. We note 
that any such procedures, data requirements etc., set forth in this and 
the Bureau's companion Public Notice, are subject to Commission action 
taken pursuant to the LCA's requirements.
    The LCA also requires the Commission to issue, within 180 days of 
the LCA's enactment, new regulations that streamline the process for 
granting authorizations for access to the three bands. These new 
regulations must provide for, among other things, improved coordination 
by the Commission with NTIA to increase the speed of review of space 
launch applications, including coordination to increase automation 
similar to the automation described in the Commission's service rules 
for the 70/80/90 GHz service. The 70/80/90 GHz service allows use of 
the millimeter wave spectrum in the 71-76 GHz, 81-86 GHz, and 92-95 GHz 
bands on a shared basis with Federal operations. A licensee seeking 
authorization in those bands must complete coordination with NTIA by 
registering individual links in a database administered by third-party 
database managers. The database managers have access to NTIA's 
automated coordination mechanism, and the database serves as a 
clearinghouse and repository of site path information to manage the 
coordination of Federal Government operations and non-Federal 
Government links. Given the LCA's requirement that, within 180 days of 
enactment, the Commission improve coordination with NTIA for space 
launch operations by increasing automation, we propose below to require 
the Space Launch Frequency Coordinator to have the willingness and 
capability to interface with any such automated process developed by 
NTIA for coordination of requests related to space launch operation in 
any of the three LCA bands.
    In the interim, the Bureau hereby fulfills the Commission's 
directive from the Second Report and Order to seek comment on the 
circumstances attending the designation of the space launch frequency 
coordinator. To reiterate, these proposals and any subsequent final 
action taken through subsequent Bureau public notice(s) following 
review of the record, including those specifically relating to the 
2360-2395 MHz band, are subject to forthcoming Commission action taken 
pursuant to the LCA's requirements.

II. Selecting the Space Launch Frequency Coordinator

    The Bureau proposes and seeks comment on the mechanism for 
selecting the space launch frequency coordinator and the minimum 
industry and technical expertise that parties interested in being 
designated as the space launch frequency coordinator

[[Page 104502]]

must demonstrate. After reviewing the record developed in response to 
this Public Notice, the Bureau will issue subsequent public notice(s) 
announcing the mechanism and criteria for selection of the frequency 
coordinator, as well as a filing window for applications to serve as 
space launch frequency coordinator. The Bureau proposes that the 
applicant selected from this process to serve as space launch frequency 
coordinator will be required to execute a Memorandum of Understanding 
with the Commission, formally memorializing its duties and obligations.

A. Mechanism for Selection of the Space Launch Frequency Coordinator

    First, we propose to rely on a mechanism for selecting a third-
party frequency coordinator similar to those we have successfully 
implemented in other radio services where the Bureau was tasked with 
designating a single frequency coordinator. Following those prior 
examples, we propose to require interested parties to file applications 
electronically using the Commission's Electronic Comment Filing System 
(ECFS) in WT Docket 24-687, that include the following information:
    1. A description of the entity requesting to be space launch 
frequency coordinator and its qualifications, including how it meets or 
will meet minimum qualifying criteria ultimately specified by the 
Bureau;
    2. How the applicant will prevent conflicts of interest;
    3. A proposed fee structure; and
    4. The length of time before the applicant will be able to begin 
duties as the space launch frequency coordinator.
    We seek comment on this approach, including on the information 
interested parties should file, and whether additional information 
should be required to assist the Bureau in making a selection. How 
should conflicts of interest be defined? How can we ensure that the 
frequency coordinator administers its responsibilities in a neutral and 
non-discriminatory manner? Should the Bureau impose any limits on fee 
structures, including whether fees can be charged on a per application 
basis, or adopt any deadline by which an applicant must be able to 
begin its duties as the space launch frequency coordinator? How should 
applicants demonstrate an ability to complete frequency coordination 
using an NTIA automated process, one of the minimum qualifying criteria 
proposed below, such that the Commission can fulfill its statutory 
obligation to increase automation in NTIA coordination similar to the 
automation in the 70/80/90 GHz service rules?

B. Minimum Qualifying Criteria

    Next, we propose minimum qualifying criteria for entities 
interested in being designated as the space launch frequency 
coordinator. Interested parties would be required to demonstrate in 
their applications the extent to which they meet the following 
qualifications:
    1. Ability to implement a mechanism to receive technical data from 
licensees and maintain a database of transmitter locations and 
operational parameters;
    2. Knowledge of or experience with wireless telemetry;
    3. Knowledge of or experience with space launch and aerospace 
transmissions;
    4. Technical expertise in analyzing and avoiding interference 
between licensees/operators in various frequency bands;
    5. Knowledge of frequency coordination processes;
    6. Willingness and capability to complete coordination using 
machine-to-machine interface with any NTIA automated coordination 
process, and the ability to promptly notify the licensee of the 
response from the automated coordination process;
    7. Ability to address requests for operation at launch sites that 
potentially could be located anywhere in the United States and its 
territories; and
    8. Experience analyzing and interpreting FCC rules and policies.
    The Bureau seeks comment on the above proposals and any 
alternatives to the proposed selection mechanism and minimum qualifying 
criteria.

Federal Communications Commission.
Amy Brett,
Acting Chief of Staff, Wireless Telecommunications Bureau.
[FR Doc. 2024-30244 Filed 12-20-24; 8:45 am]
BILLING CODE 6712-01-P
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