[Federal Register Volume 60, Number 141 (Monday, July 24, 1995)]
[Rules and Regulations]
[Pages 37828-37830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17509]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 87

[GEN Docket No. 90-56; FCC 95-267]


Mobile-Satellite Service and Aeronautical Telemetry

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: By this Second Report and Order (Second R&O) the Commission 
reallocates the 1525-1530 MHz band to the mobile-satellite service 
(MSS) on a primary basis for space-to-Earth (downlink) transmissions. 
This action will increase the efficiency of MSS operations in the 
previously allocated 1530-1544 MHz band (downlink) and the 1626.5-
1645.5 MHz band (Earth-to-space, or uplink) by equalizing the amount of 
spectrum available in each segment. This action implements a 1992 World 
Administrative Radio Conference (WARC-92) spectrum allocation and 
facilitates international coordination for use of this spectrum.

EFFECTIVE DATE: August 23, 1995.

FOR FURTHER INFORMATION CONTACT:
Tom Mooring, Office of Engineering and Technology, (202) 776-1620.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
R&O in GEN Docket No. 90-56, adopted June 26, 1995, and released July 
6, 1995. The complete Second R&O is available for inspection and 
copying during normal business hours in the FCC Reference Center (Room 
239), 1919 M Street, NW., Washington, DC., and also may be purchased 
from the Commission's duplication contractor, International 
Transcription Service, (202) 857-3800, 2100 M Street, NW., Suite 140, 
Washington DC 20037.

Summary of Second R&O

    1. In the First Report and Order, 58 FR 34920 (June 30, 1993), the 
Commission allocated 14 megahertz of downlink spectrum at 1530-1544 MHz 
and 19 megahertz of uplink spectrum at 1626.5-1645.5 MHz to the MSS on 
a co-primary basis with the Maritime Mobile-Satellite Service (MMSS). 
The Commission also provided that MMSS distress and safety 
communications have priority access with real-time preemptive 
capability throughout the subject bands.
    2. In the Further Notice of Proposed Rule Making, 58 FR 34404 (June 
25, 1993), the Commission proposed to allocate five megahertz of 
spectrum at 1525-1530 MHz for MSS downlink use on a primary basis. The 
Commission indicated that this allocation would permit enhanced 
efficiency of future MSS operations in the 1.5/1.6 GHz spectrum range 
(L-band) by equalizing the amount of spectrum in the uplink and 
downlink bands available for MSS communications. Currently this 
spectrum is part of the 1435-1530 MHz band that is allocated to the 
mobile service on a primary basis for aeronautical telemetry. The 
Commission tentatively concluded that it does not appear to be 
technically feasible for aeronautical telemetry and MSS to operate in 
the 1525-1530 MHz band on a co-primary basis, and therefore proposed to 
reallocate this band on a primary basis to the MSS only. The Commission 
also proposed to permit aeronautical telemetry in the band on a 
secondary basis, with no grandfathering of existing aeronautical 
telemetry users.
    3. All parties submitting comments in response to the Further 
Notice of Proposed Rule Making support the proposal to reallocate the 
1525-1530 MHz band for MSS operations. In addition, the issue of 
whether MMSS distress and safety communications in the 1525-1530 MHz 
band should have priority access with real-time capability was raised.
    4. The Commission finds that the reallocation of the 1525-1530 MHz 
band to the MSS on a primary basis would enhance the efficiency of 
satellite operations in the L-band by equalizing the amount of spectrum 
in the uplink and downlink band segments available for MMSS 
communications. The Commission disagrees with the argument that the 
1525-1530 MHz band should be subject to the priority access and 
immediate availability requirements for MMSS distress and safety 
communications. The Commission is unable to identify any domestic need 
for additional global MMSS distress and safety spectrum. The Commission 
currently requires that MSS systems monitor nearby MMSS systems so that 
MMSS distress and safety communications receive priority access with 
real-time preemption in the 1626.5-1631.5 MHz and other bands. However, 
since the Commission is not licensing MMSS systems in the 1525-1530 MHz 
band, it is not necessary to extend this requirement to include the 
1525-1530 MHz band.
    5. The Commission also finds that the existing primary allocation 
for aeronautical telemetry in the 1525-1530 MHz band should be 
downgraded to a secondary service so as not to inhibit MSS operations. 
Since an MSS system would serve essentially all of the nation and 
aeronautical telemetry operations tend to affect relatively large 
geographic areas, the Commission believes that it would not be 
practical for those services to share the band on a co-primary basis. 
Accordingly, the 1525-1530 MHz band is allocated on a primary basis to 
the MSS and on a secondary basis to the mobile service for aeronautical 
telemetry, and footnote US78 is modified as set forth in the amendatory 
text. Finally, the Commission expects that the band will be in use by 
MSS systems by the end of 1995. Therefore, aeronautical telemetry users 
of the band should be aware that they may have to protect or receive 
interference from such operations.
    6. Several of the commenting parties address issues of eligibility 
that were not raised in the Further Notice of Proposed Rule Making. The 
Commission is not addressing these issues herein, as they are outside 
the scope of this proceeding. Licensing issues, including eligibility 
standards and operating rules, will be the subject of a new proceeding 
that the Commission intends to initiate in the near future.
    7. Accordingly, It Is Ordered; That Parts 2 and 87 of the 
Commission's Rules Are Amended as specified below, effective August 23, 
1995. It Is Further Ordered; That the Request for Clarification filed 
by Loral Qualcomm Satellite Services, Inc. Is Granted to the extent 
discussed above and Is Denied in all other respects. This action is 
taken pursuant to Sections 4(i), 7(a), 302, 303(c), 303(f), 303(g), and 
303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 
Sections 154(i), 157(a), 302, 303(c), 303(f), 303(g), and 303(r).

List of Subjects

47 CFR Part 2

    Radio.

[[Page 37829]]


47 CFR Part 87

    Communications equipment, Radio

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

    Parts 2 and 87 of Title 47 of the Code of Federal Regulations are 
amended as follows:

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

    1. The authority citation for 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, 302, 303, and 307, 
unless otherwise noted.

    2. Section 2.106, the Table of Frequency Allocations, is amended as 
follows:
    a. In columns (4) through (7) of the 1435-1530 MHz band, divide the 
1435-1530 MHz band into two new smaller bands, the 1435-1525 MHz band 
and the 1525-1530 MHz band, to read as follows:


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)                 
                                                                                                                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
                   *                  *                  *                  *                  *                  *                  *                  
                                                                                                                                                        
                                                                  1435-1525...........  1435-1525...........    ..................                      
                                                                  MOBILE (aeronautical  MOBILE (aeronautical  AVIATION (87).......  ....................
                                                                   telemetry).           telemetry).                                                    
                                                                  722 US78............  722 US78............    ..................                      
1525-1530...........  1525-1530...........  1525-1530...........  1525-1530...........  1525-1530...........  SATELLITE                                 
SPACE OPERATION       SPACE OPERATION       SPACE OPERATION       MOBILE-SATELLITE      MOBILE-SATELLITE       COMMUNICATION (25).                      
 (space-to-Earth).     (space-to-Earth).     (space-to-Earth).     (space-to-Earth).     (space-to-Earth).    Aviation (87).......                      
FIXED...............  MOBILE-SATELLITE      FIXED...............  Mobile (aeronautical  Mobile (aeronautical                                            
MARITIME MOBILE-       (space-to-Earth).    MOBILE-SATELLITE       telemetry).           telemetry).                                                    
 SATELLITE (space-to- Earth Exploration-     (space-to-Earth).                                                                                          
 Earth).               Satellite.           Earth Exploration-                                                                                          
Land Mobile-          Fixed...............   Satellite.                                                                                                 
 Satellite (space-to- Mobile 723..........  Mobile 723 724......                                                                                        
 Earth) 726B.                                                                                                                                           
Earth Exploration-                                                                                                                                      
 Satellite.                                                                                                                                             
Mobile except                                                                                                                                           
 aeronautical mobile                                                                                                                                    
 724.                                                                                                                                                   
722 723B 725 726A     722 723A 726A 726D..  722 726A 726D.......  722 726A US78.......  722 726A US78.......                                            
 726D.                                                                                                                                                  
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
--------------------------------------------------------------------------------------------------------------------------------------------------------

    b. Footnote US78 is revised to read as follows:
United States (US) Footnotes
* * * * *
    US78 In the mobile service, the frequencies between 1435 and 1535 
MHz will be assigned for aeronautical telemetry and associated 
telecommand operations for flight testing of manned or unmanned 
aircraft and missiles, or their major components. Permissible usage 
includes telemetry associated with launching and reentry into the 
earth's atmosphere as well as any incidental orbiting prior to reentry 
of manned objects undergoing flight tests. The following frequencies 
are shared with flight telemetry mobile stations: 1444.5, 1453.5, 
1501.5, 1515.5, 1535.5 and 1525.5 MHz.
* * * * *

PART 87--AVIATION SERVICES

    1. The authority citation in Part 87 continues to read:

    Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303, 
unless otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-
1105, as amended; 47 U.S.C. 151-156, 301-609.

    2. Section 87.187(p) is revised to read as follows:


Sec. 87.187  Frequencies

* * * * *
    (p) The frequency band 1435.1525 MHz is available on a primary 
basis and the 1525-1535 MHz is available on a secondary basis for 
telemetry and telecommand associated with the flight testing of 
aircraft, missiles, or related major components. This includes 
launching into space, reentry into the earth's atmosphere and 
incidental orbiting prior to reentry. The following frequencies are 
shared with flight telemetry mobile stations: 1444.5, 1453.5, 1501.5, 
1515.5, 1524.5 and 1525.5 MHz. See Sec. 87.303(d).

    Note: Aeronautical telemetry operations must protect mobile-
satellite operations in the 1525-2535 MHz band and maritime mobile-
satellite operations in the 1530-1535 MHz band.
* * * * *
    3. Paragraphs (d)(1) and (d)(2) of Sec. 87.303 are revised to read 
as follows:


Sec. 87.303  Frequencies.

* * * * *
    (d)(1) Frequencies in the bands 1435-1525 MHz and 2310-2390 MHz are 
assigned primarily for telemetry and telecommand operations associated 
with the flight testing of manned or 

[[Page 37830]]
unmanned aircraft and missiles, or their major components. The band 
1525-1535 MHz is also available for these purposes on a secondary 
basis. Permissible uses of these bands include telemetry and 
telecommand transmissions associated with the launching and reentry 
into the earth's atmosphere as well as any incidental orbiting prior to 
reentry of manned or unmanned objects undergoing flight tests. In the 
1435-1530 MHz band, the following frequencies are shared with flight 
telemetry mobile stations: 1444.5, 1453.5, 1501.5, 1515.5, 1524.5 and 
1525.5 MHz. In the 2310-2390 MHz band, the following frequencies may be 
assigned on a co-equal basis for telemetry and associated telecommand 
operations in fully operational or expendable and re-usable launch 
vehicles whether or not such operations involve flight testing: 2312.5, 
2332.5 2352.5, 2364.5, 2370.5 and 2382.5 MHz. In 2310-2390 MHz band, 
all other telemetry and telecommand uses are secondary.

    Note: Aeronautical telemetry operations must protect mobile-
satellite operations in the 1525-1535 MHz band and maritime mobile-
satellite operations in the 1530-1535 MHz band.

    (2) The authorized bandwidths for stations operating in the bands 
1435.0-1525.0 MHz, 1525.0-1535.0 MHz and 2310.0-2390.0 MHz are normally 
1, 3 or 5 MHz. Applications for greater bandwidths will be considered 
in accordance with the provisions of Sec. 87.135. Each assignment will 
be centered on a frequency between 1435.5 MHz and 1534.5 MHz or between 
2310.5 MHz and 2389.5 MHz, with 1 MHz channel spacing.
* * * * *
[FR Doc. 95-17509 Filed 7-21-95; 8:45 am]
BILLING CODE 6712-01-M