[Federal Register Volume 59, Number 39 (Monday, February 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4409]


[Federal Register: February 28, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 2

[ET Docket No. 92-28; FCC 93-547]


Mobile-Satellite Service at 1610-1626.5 and 2483.5-2500 MHz

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This Report and Order allocates the 1610-1626.5 and 2483.5-
2500 MHz bands on a co-primary basis to the mobile-satellite service 
(MSS). This action responds to seven petitions for rule making that 
were filed with the Commission and conforms to the international 
frequency allocation that was adopted at the World Administrative Radio 
Conference (WARC-92) last year. Further, this action is taken to 
accommodate the need for additional mobile-satellite spectrum that can 
be used to provide many new services both domestically and 
internationally.

DATES: March 30, 1994.

FOR FURTHER INFORMATION CONTACT:
Ray LaForge, Office of Engineering and Technology, telephone (202) 653-
8117.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order in ET Docket No. 92-28 adopted on December 13, 1993 and 
released January 12, 1994. The complete text of this Report and Order 
is available for inspection and copying during normal business hours in 
the FCC Public Reference Center (room 239), 1919 M Street, NW., 
Washington, DC. The complete text of this Report and Order also may be 
purchased from the Commission's duplication contractor, International 
Transcription Service, Inc., 2100 M Street, NW., suite 140, Washington, 
DC 20036, (202) 857-3800.

Summary of Report and Order

    1. In this Report and Order the Commission allocates 33 MHz of 
spectrum, the 1610-1626.5 and 2483.5-2500 MHz bands, for the mobile-
satellite service (MSS). A total of 16.5 MHz, 1610-1626.5 MHz, is 
provided for primary space-to-Earth (uplink) operations and 16.5 MHz, 
2483.5-2500 MHz, is provided for primary Earth-to-space (downlink) 
operations. Also, 12.7 MHz, 1613.8-1626.5 MHz, is allocated for 
secondary MSS space-to-Earth (downlink) operations. In addition, the 
Commission elevates the radio astronomy service allocation in the 
1610.6-1613.8 MHz band from secondary to co-primary status.
    2. The 1610-1626.5 and 2483.5-2500 MHz bands currently are 
allocated to a number of other services. The radiodetermination 
satellite service (RDSS), is allocated in these bands on a primary 
basis but only interim RDSS systems have been authorized. See Newcomb 
Communications, Inc., 8 FCC Rcd 3631 (1993); and letter to Counsel, 
Mobile Data Communications, Inc. from Chief, Domestic Facilities 
Division (August 19, 1993). Currently, the 1610-1626.5 MHz band is 
allocated to the aeronautical radionavigation service on a co-primary 
basis, and the 1610.6-1613.8 MHz segment of this band also is allocated 
to the radio astronomy service (RAS) on a secondary basis. Frequencies 
adjacent to the 1610-1626.5 MHz band are allocated to aeronautical 
radionavigation satellite and maritime mobile satellite services.
    3. The 2483.5-2500 MHz band is authorized for co-primary use by the 
broadcast auxiliary service, the terrestrial fixed service, and the 
industrial, scientific and medical (ISM) service. Additionally, the 
frequencies adjacent to this band are allocated on a primary basis to 
the instructional television fixed service (ITFS), the multi-channel 
multi-point distribution service (MMDS), fixed services, mobile 
services and for industrial, scientific, and medical (ISM) equipment, 
and to the radiolocation service on a secondary basis.
    4. On August 5, 1992, we proposed to allocate these bands to the 
mobile-satellite service systems, shared on a co-primary basis with the 
RDSS. See 57 FR 43434 (September 21, 1992).
    5. Based on the record in this proceeding, we find that there is 
substantial interest in using both LEO and GEO technologies to provide 
new voice and data MSS services in the subject bands. As we indicated 
in the Notice, MSS LEO systems will offer significant new benefits to 
both domestic and international communications users. MSS LEO systems 
potentially can provide a universally available world-wide cellular-
like radiotelephone service offering voice, data, and facsimile 
service. In addition, radiolocation and radionavigation applications 
also can be provided.
    6. Some of the new applications envisioned include: (1) personal 
locator services that could be used to locate accident victims or 
persons stranded because of weather or injury; (2) fleet management and 
tracking services that would permit more efficient shipping and 
transportation of goods, including the tracking of hazardous wastes and 
material; (3) public safety services that would allow state and local 
governments to use MSS to extend health and emergency services to rural 
and remote areas currently unserved by traditional communications 
facilities; and (4) International Services that would permit global MSS 
and make modern telephone communications available to remote and 
underserved areas throughout the world.
    7. Further, the Commission determined that although the specific 
method for sharing among systems remains to be determined, based on the 
record, bi-directional operations in the 1613.8-1626.5 MHz band is 
feasible, and accordingly the Commission is providing for a secondary 
allocation for space-to-Earth operations in this band.
    8. The Commission also concluded that MSS operations in the 1610-
1626.5 and 2483.5-2500 MHz bands should be subject to the e.i.r.p. and 
power flux density levels set forth in the international Radio 
Regulations. In addition, such MSS operations will be subject to the 
coordination and notification procedures set forth in Resolution 46.
    9. We continue to believe that, at least initially, the existing 
FSS bands are sufficient to accommodate MSS feeder links. We note that 
there may be difficulties in using FSS bands that generally are 
congested with significant numbers of geostationary fixed-satellite 
systems (GEO FSS). Consequently, because of the significant 
coordination difficulties arising from the global nature of LEO 
operations, MSS LEO feeder links would need to operate in FSS frequency 
bands that are not heavily used by GEO FSS systems. We are also 
including the inter-satellite service bands at 24.45-24.65 and 24.65-
24.75 GHz and the already allocated inter-satellite service band at 
22.55-23 GHz in the United States Table of Frequency Allocations for 
non-government use.
    10. In view of the important health issues involved, the fact that 
no general manufacture of consumer equipment for MSS in these bands has 
yet begun, and our intent to provide for the expeditious initiation of 
the services for which this spectrum is being allocated, we believe the 
ANSI/IEEE guidelines (IEEE C95.1-1991) should be used when evaluating 
the potential for harm to public health from exposure to RF emissions 
of MSS user devices. If we modify the ANSI/IEEE guidelines in ET Docket 
No. 92-62, those guidelines will be applied to MSS equipment. We will 
require that all hand-held devices comply with the ANSI/IEEE 
specifications for ``uncontrolled'' environments because the new MSS 
service as envisioned would include consumer use that would be within 
the ``uncontrolled'' definition.
    11. Further, in the Notice and Tentative Decision, 57 FR 43434, 
September 21, 1992 supra, we dismissed a petition for rule making filed 
by CELSAT to use the RDSS frequency band for a hybrid satellite and 
terrestrial ground personal communications service (PCS). CELSAT had an 
alternative request for spectrum in the 2120-2129 and 2410-2428 MHz 
bands, including a pioneer's preference request which remains pending. 
On October 5, 1992, CELSAT filed a Petition for Reconsideration of the 
Commission's Notice and Tentative Decision in which it argues that the 
Commission incorrectly dismissed its proposed spectrum allocation 
because the terrestrial element of its proposal was incompatible with 
WARC-92. TRW filed a petition to dismiss the CELSAT Petition for 
Reconsideration. The Commission grants TRW's petition but accepts 
CELSAT's petition as late filed comments. The Commission continues to 
believe that for the purpose of international coordination it is 
important that our domestic allocation be compatible with the WARC-92 
spectrum allocation. Thus we continue to hold that terrestrial 
operations in these bands is inappropriate. For this reason, we accept 
CELSAT's Petition for Reconsideration as a comment in this proceeding.
    12. In the Notice and Tentative Decision we noted that the proposal 
was analyzed with respect to the Paperwork Reduction Act of 1980 and 
found to contain no new or modified form, information collection and/or 
record keeping, labeling, disclosure, or record retention requirements, 
and will not increase or decrease burden hours imposed on the public. 
No comments were received regarding the Paperwork Reduction Act.
    13. Further, in the Notice and Tentative Decision we invited 
comments on the impact of the proposed allocation in accordance with 
the Regulatory Flexibility Act of 1980. No comments were received in 
response to our analysis of this allocation as required by the 
Regulatory Flexibility Act.
    14. Accordingly, it is ordered, that Part 2 of the Commission's 
Rules and Regulations is amended as specified below, effective March 
30, 1994. It is further ordered that TRW's Motion to Dismiss CELSAT's 
Petition for Reconsideration is granted in part; and that the Petition 
for Reconsideration filed by CELSAT is accepted as a comment. This 
action is taken pursuant to Sections 4(i), 303 (c), (f), (g), and (r), 
and 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. 
154(i), 303 (c), (f), (g), and (r).

List of Subjects in 47 CFR Part 2

    Frequency allocation, General rules and regulations, Radio.

Federal Communications Commission.
William F. Caton,
Acting Secretary.

Final Rules

    I. Part 2 of title 47 of the Code of Federal Regulations is amended 
as follows:

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS: GENERAL RULES 
AND REGULATIONS

    1. The authority citations in Part 2 continues to read:

    Authority: Sec. 4, 302, 303, and 307 of the Communications Act 
of 1934, as amended, 47 U.S.C. Sections 154, 154(i), 302, 303, 
303(r), and 307, unless otherwise noted.

    2. The International Footnotes at the end of the Table of Frequency 
Allocations, Sec. 2.106 is amended to remove footnotes 731A, 731B, 
731C, 731D, 753E, 877, 878, 890 and 891; revise footnotes 733A, 733E, 
734, 753, 753C, 882E, 882F, and 882G; and add footnotes 731E, 731F, 
753F, 881A, and 881B. Footnote US319 in the United States footnotes is 
also revised.
    3. Section 2.106, the Table of Frequency Allocations, is revised 
for the 1610-1626.5 MHz, 2483.5-2500 MHz, 22.5-23 GHz, and 24.25-24.75 
GHz bands, in accordance with the following:


Sec. 2.106  Table of Frequency Allocations.

                                                                                                                                                        
                       International table                                    United States table                         FCC use designators           
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Government          Non-Government                                               
 Region 1 allocation   Region 2 allocation   Region 3 allocation --------------------------------------------     Rule part(s)           Special-Use    
         MHz                   MHz                   MHz             Allocation MHz        Allocation MHz                                frequencies    
(1)                   (2)                   (3)                   (4)                   (5)                   (6)                   (7)                 
                                                                                                                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
1610-1610.6           1610-1610.6           1610-1610.6           1610-1610.6           1610-1610.6                                                     
Aeronautical          Aeronautical          Aeronautical          Aeronautical          Aeronautical          Aviation (87).                            
 Radionavigation.      Radionavigation.      Radionavigation.      Radionavigation.      Radionavigation.      Satellite                                
Mobile-Satellite      Radiodetermination    Mobile-Satellite      Radiodetermination    Radiodetermination     Communication (25).                      
 (Earth-to-space).     satellite (Earth-to-  (Earth-to-space).     Satellite (Earth-to-  Satellite (Earth-to-                                           
                       space).              Radiodetermination-    space).               space).                                                        
                      Mobile Satellite       Satellite (Earth-to- Mobile-Satellite      Mobile-Satellite                                                
                       (Earth-to-space).     space).               (Earth-to-space)      (Earth-to-space).                                              
                                                                                                                                                        
722 727 730 731 731E  722 731E 732 733      722 727 730 731E 732  722 731E 732 733      722 731E 732 733                                                
 732 733 733A 733B     733A 733C 733D 733E   733 733A 733B 733E    733A 733E US208       733A 733E US208                                                
 733E 733F                                                         US260 US319           US260 US319                                                    
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
1610.6-1613.8         1610.6-1613.8         1610.6-1613.8         1610.6-1613.8         1610.6-1613.8                                                   
Aeronautical          Aeronautical          Aeronautical          Aeronautical          Aeronautical          Aviation (87).                            
 Radionavigation.      Radionavigation.      Radionavigation.      Radionavigation.      Radionavigation.      Satellite                                
Mobile-Satellite      Radiodetermination    Mobile-Satellite      Radiodetermination    Radiodetermination     communication (25).                      
 (Earth-to-space).     Satellite (Earth-to-  (Earth-to-space).     Satellite (Earth-to-  Satellite (Earth-to-                                           
Radio-Astronomy.       space).              Radio-Astronomy.       space).               space).                                                        
                      Mobile-Satellite      Radiodetermination    Mobile-Satellite      Mobile-Satellite                                                
                       (Earth-to-space).     Satellite (Earth-to-  (Earth-to-space).     (Earth-to-space)                                               
                      Radio-Astronomy.       space).              Radio-Astronomy.                                                                      
                                                                                                                                                        
722 727 730 731 731E  722 731E 732 733      722 727 730 731E 732  722 731E 732 733      722 731E 732 733                                                
 732 733 733A 733B     733A 733C 733D 733E   733 733A 733B 733E    733A 733E 734 US208   733A 733E 734 US208                                            
 733E 733F 734         734                   734                   US260 US319           US260 US319                                                    
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
1613.8-1626.5         1613.8-1626.5         1613.8-1626.5         1613.8-1626.5         1613.8-1626.5                                                   
Aeronautical          Aeronautical          Aeronautical          Aeronautical          Aeronautical          Aviation (87).                            
 Radionavigation.      Radionavigation.      Radionavigation.      Radionavigation.      Radionavigation.      Satellite                                
Mobile-Satellite      Radiodetermination    Mobile-Satellite      Radiodetermination    Radiodetermination     Communication (25).                      
 (Earth-to-space).     Satellite (Earth-to-  (Earth-to-space).     Satellite (Earth-to-  Satellite (Earth-to-                                           
Mobile-Satellite       space).              Radiodetermination     space).               space).                                                        
 (space-to-Earth).    Mobile-Satellite       Satellite (Earth-to- Mobile-Satellite      Mobile-Satellite                                                
                       (Earth-to-space).     space).               (Earth-to-space).     (Earth-to-space).                                              
                                                                                                                                                        
                      Mobile-Satellite      Mobile-Satellite      Mobile-Satellite      Mobile-Satellite      ....................  ....................
                       (space-to-Earth).     (space-to-Earth).     (space-to-Earth).     (space-to-Earth).                                              
722 727 730 731 731E  722 731E 731F 732     722 727 730 731E      722 731E 731F 732     722 731E 731F 732     ....................  ....................
 731F 732 733 733A     733 733A 732C 733D    731F 732 733 733A     733 733E US208        733 733E US208                                                 
 733B 733E 733F        733E                  733B 733E             US260 US319           US260 US319                                                    
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
2483.5-2500           2483.5-2500           2483.5-2500           2483.5-2500           2483.5-2500                                                     
Fixed. Mobile.        Fixed. Mobile.        Fixed. Mobile.        Radiodetermination    Radiodetermination    Satellite                                 
 Mobile-Satellite      Radiodetermination    Radiolocation.        satellite (space-to-  satellite (space-to-  Communication (25).                      
 (space-to-Earth).     satellite (space-to-  Mobile-Satellite      Earth) 753A.          Earth) 753A.                                                   
Radiolocation.         Earth) 753A.          (space-to-Earth).    Mobile-Satellite      Mobile-Satellite                                                
                      Radiolocation.                               (space-to-Earth).     (space-to-Earth).                                              
                                                                                                                                                        
                      Mobile-Satellite      Radiodetermination-   ....................  ....................  ....................  ....................
                       (space-to-Earth).     Satellite (space-to-                                                                                       
                                             Earth). 753A.                                                                                              
733F 752 753 753A     752 753D 753F         752 753C 753F         752 753F US41 US319   752 753F US41 US319   ....................  ....................
 753B 753C 753F                                                                          NG147                                                          
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
22.5-22.5                                                         22.5-22.55            22.5-22.55                                                      
                      Fixed                                       Fixed                 Fixed                 Domestic public                           
                                                                                                               fixed (21).                              
                      Mobile                                      Mobile                Mobile                Private operational                       
                                                                                                               fixed microwave                          
                                                                                                               (94).                                    
22.55-23                                                          US211 22.55-23        US211 22.55-23                                                  
                      Fixed                                       Fixed                 Fixed                 Domestic public                           
                                                                                                               fixed (21).                              
                      Inter-satellite                             Inter-satellite       Inter-satellite       Private operational                       
                                                                                                               fixed microwave                          
                                                                                                               (94).                                    
                      Mobile                                      Mobile                Mobile                Satellite                                 
                                                                                                               communications                           
                                                                                                               (25).                                    
                      879                                         879 US278             879 US278                                                       
                                                                                                                                                        
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
24.25-24.45 fixed     Radionavigation       Radionavigation       24.25-24.45                                 Aviation (87).                            
                                                                   Radionavigation                                                                      
                                            Fixed                                                                                                       
                                            Mobile                                                                                                      
24.45-24.65           24.45-24.65           24.45-24.65           24.45-24.65                                 Satellite                                 
Fixed                 Radionavigation       Radionavigation       Inter-satellite                              communication (25).                      
Inter-Satellite       Inter-satellite       Fixed                 Radiolocation-                                                                        
                                            Inter-satellite        satellite (Earth-to-                                                                 
                                            Mobile                 space)                                                                               
Inter-satellite       Inter-satellite       Fixed                 Radionavigation                                                                       
                                            Inter-satellite.                                                                                            
                                            Mobile.                                                                                                     
                      882E                  882E                  882E                                                                                  
24.65-24.75           24.65-24.75           24.65-24.75           24.65-24.75                                 Satellite                                 
fixed.                Inter-satellite.      Fixed.                Inter-satellite.                             communication (25).                      
Inter-satellite       Radio-location-       Inter-satellite.      Radiolocation-                                                                        
                       satellite (Earth-to-  Mobile                satellite (Earth-to-                                                                 
                       space)                                      space)                                                                               
                                            882E 882F                                                                                                   
24.75-25.25 Fixed     24.75-25.25           24.75-25.25           24.75-25.25                                 Aviation (87).                            
                      Fixed-satellite       Fixed                 Radionavigation                                                                       
                       (Earth-to-space)     Fixed-satellite                                                                                             
                       882G                  (Earth-to-space)                                                                                           
                                             882G                                                                                                       
                                            882F                                                                                                        

* * * * *

International Footnotes

* * * * *
    731A--Removed.
    731B--Removed.
    731C--Removed.
    731D--Removed.
* * * * *
    731E--The use of the band 1610-1626.5 MHz by the mobile-
satellite service (Earth-to-space) and by the radiodetermination-
satellite service (Earth-to-space) is subject to the application of 
the coordination and notification procedures set forth in Resolution 
46 (WARC-92). A mobile earth station operating in either of the 
services in this band shall not produce an e.i.r.p. density in 
excess of -15 dB (W/4 kHz) in the part of the band used by systems 
operating in accordance with the provisions of No. 732, unless 
otherwise agreed by the affected administrations. In the part of the 
band where such systems are not operating, a value of -3 dB (W/4 
kHz) is applicable. Stations of the mobile-satellite service shall 
not cause harmful interference to, or claim protection from, 
stations in the aeronautical radionavigation service, stations 
operating in accordance with the provisions of No. 732 and stations 
in the fixed service operating in accordance with the provisions of 
No. 730.
    731F--The use of the band 1613.8-1626.5 MHz by the mobile-
satellite service (space-to-Earth) is subject to the application of 
the coordination and notification procedures set forth in Resolution 
46 (WARC-92).
* * * * *
    733A--With respect to the radiodetermination-satellite and 
mobile-satellite services the provisions of No. 953 do not apply in 
the frequency band 1610-1626.5 MHz.
* * * * *
    733E--Harmful interference shall not be caused to stations of 
the radio astronomy service using the band 1610.6-1613.8 MHz by 
stations of the radiodeterminaton-satellite and mobile-satellite 
services. (No. 2904 applies.)
    734--In making assignments to stations of other services, 
administrations are urged to take all practicable steps to protect 
the radio astronomy service in the band 1610.6-1613.8 MHz from 
harmful interference. Emissions from space or air-borne stations can 
be particularly serious sources of interference to the radio 
astronomy service (see Nos. 343 and 344 and Article 36).
* * * * *
    753--Different category of service: in France, the band 2450-
2500 MHz is allocated on a primary basis to the radiolocation 
service (see No. 425). Such use is subject to agreement with 
administrations having service operating or planned to operate in 
accordance with the Table of Frequency Allocations which may be 
affected.
* * * * *
    753C--Different category of service: in Angola, Australia, 
Bangladesh, Burundi, China, Cote d'Ivoire, Ethiopia, India, the 
Islamic Republic of Iran, Israel, Italy, Jordan, Kenya, Lebanon, 
Liberia, Libya, Madagascar, Mali, Pakistan, Papua, New Guinea, 
Senegal, Sudan, Swaziland, Syria, Tanzania, Thailand, Togo, Zaire 
and Zambia, the allocation of the band 2483.5-2500 MHz to the 
radiodetermination-satellite service (space-to-Earth) is on a 
primary basis (see No. 425) subject to agreement obtained under the 
procedure of Article 14 with other countries not listed in this 
provision.
* * * * *
    753E--Removed.
    753F--The use of the band 2483.5-2500 MHz by the mobile-
satellite and the radiodetermination-satellite services is subject 
to the application of the coordination and notification procedures 
set forth in Resolution 46 (WARC-92). Coordination of space stations 
of the mobile-satellite and radiodetermination-satellite services 
with respect to terrestrial services is required only if the power 
flux-density produced at the Earth's surface exceeds the limits in 
No. 2566. In respect of assignments operating in this band, the 
provisions of Section II, paragraph 2.2 of Resolution 46 (WARC-92) 
shall also be applied to geostationary transmitting space stations 
with respect to terrestrial stations.
* * * * *
    877--Removed.
    878--Removed.
* * * * *
    881A--Use of the 25.25-27.5 GHz band by the inter-satellite 
service is limited to space research and Earth exploration-satellite 
applications, and also transmissions of data originating from 
industrial and medical activities in space.
    881B--Space services using non-geostationary satellites 
operating in the inter-satellite service in the band 27-27.5 GHz are 
exempt from the provisions of No. 2613.
* * * * *
    882E--The inter-satellite service shall not claim protection 
from harmful interference from airport surface detection equipment 
stations of the radionavigation service.
    882F--Additional allocation: in Japan, the band 24.65-25.25 GHz 
is also allocated to the radionavigation service on a primary basis 
until 2008.
    882G--In the band 24.75-25.25 GHz, feeder links to stations of 
the broadcasting-satellite service shall have priority over other 
users in the fixed-satellite service (Earth-to-space). Such other 
uses shall protect and shall not claim protection from existing and 
future operating feeder-link networks to such broadcasting satellite 
stations.
* * * * *
    890--Removed.
    891--Removed.
* * * * *

United States (US) Footnotes

* * * * *
    US319--In the 137-138, 148-149.9, 149.9-150.05, 399.9-400.05, 
400.15-401, 1610-1626.5, and 2483.5-2500 MHz bands, Government 
stations in the mobile-satellite service shall be limited to earth 
stations operating with non-Government space stations.
* * * * *
    NG147--Stations in the broadcast auxiliary service and private 
radio services licensed as of July 25, 1985, or on a subsequent date 
following as a result of submitting an application for license on or 
before July 25, 1985, may continue to operate on a 
radiodetermination satellite service.
* * * * *
[FR Doc. 94-4409 Filed 2-25-94; 8:45 am]
BILLING CODE 6712-01-M