[Federal Register Volume 60, Number 149 (Thursday, August 3, 1995)]
[Rules and Regulations]
[Pages 39656-39659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19164]



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[[Page 39657]]



FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 2

[FCC 95-316]


Fixed-satellite service

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: By This Memorandum Opinion and Order (MO&O), the Commission 
amends its Table of Frequency Allocations by adding a footnote and 
revising a footnote to permit use of the 17.8-20.2 GHz band for 
military space-to-Earth (``downlink'') fixed-satellite transmission. 
This action is taken at the request of the National Telecommunications 
and Information Administration (``NTIA'') for the purpose of advancing, 
supporting, and accommodating the national defense.

EFFECTIVE DATE: August 3, 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 MO&O, 
adopted July 28, 1995, and released July 31, 1995. The complete MO&O is 
available for inspection and copying during normal business hours in 
the FCC Reference Center (Room 239), 1919 M Street, N.W., Washington, 
D.C., and also may be purchased from the Commission's duplication 
contractor, International Transcription Service, (202) 857-3800, 2100 M 
Street, N.W., Suite 140, Washington D.C. 20037.

Summary of MO&O

    1. On July 12, 1995, NTIA requested that the Commission add a 
United States footnote to the United States Table of Frequency 
Allocations to permit use of the 17.8-20.2 GHz band for Government 
downlink fixed-satellite transmissions. NTIA states that the 
reallocation is essential to fulfill requirements for Government space 
systems to perform satisfactorily, that current Department of Defense 
(``DoD'') requirements cannot be accommodated in frequency bands 
currently allocated for Government use, and that due to the likely 
consideration of this band at 1995 World Radiocommunication Conference, 
this matter is urgent. NTIA further states that this matter involves 
military functions, as well as specific sensitive national security 
interests of the United States. NTIA therefore asks that the Commission 
forgo notice and comment rulemaking procedure and immediately amend the 
Table of Frequency Allocations in accordance with its request.
    2. During our inter-agency consultations, NTIA stated that these 
Government satellite systems would comply with the International 
Telecommunication Union's Radio Regulations. NTIA also stated that, 
because of the urgent national security interests at stake, the amended 
rules should be made effective immediately upon publication in the 
Federal Register. In addition, the Commission proposed to revise 
Government Footnote G117 by adding a reference to the 17.8-20.2 GHz 
band, thereby limiting Government fixed-satellite use of the band to 
military systems. The Commission made this proposal in order to 
preserve as much of the spectrum as possible for commercial systems. 
NTIA did not object to the proposed revision of G117.
    3. Based on the foregoing, the Commission finds that this matter 
involves the exercise of military functions of the United States and 
that, because the request is based on urgent national security needs, 
notice and public procedure are, for good cause shown, impracticable, 
unnecessary, and contrary to the public interest. See 5 U.S.C. 
Sec. 553(a)(1), (b)(3)(B); Bendix Aviation Corp v. F.C.C., 272 F.2d 533 
(D.C.Cir. 1959), cert. denied sub nom. Aeronautical Radio. Inc. v. 
U.S., 361 U.S. 965 (1960). Based on the representations of NTIA that 
the reallocation is essential to fulfill requirements for Government 
space systems to perform satisfactorily and that current DoD 
requirements cannot be accommodated in frequency bands currently 
allocated for Government use, the Commission finds that the public 
interest will best be served by accommodating the NTIA request and 
immediately adding United States Footnote US334 to and amending 
Government Footnote G117 of the Table of Frequency Allocations. In 
addition, we are ministerially adding non-Government Footnote NG144 to 
the non-Government table in both the 18.6-18.8 GHz and 18.8-19.7 GHz 
bands in order to correct their previous inadvertent omission. Because 
this is a ministerial correction and not a substantive change to the 
rules, notice and comment are unnecessary.
    4. Accordingly, it is ordered that Part 2 of the Commission's 
Rules, 47 C.F.R. Part 2, is amended as set forth in the amendatory 
text, effective immediately. Authority for this action is contained in 
Sections 4(i), 4(j), 303(c), and 303(r) of the Communications Act of 
1934, as amended, 47 U.S.C. Sections 154(i), 154(j), 303(c), and 
303(r).

List of Subjects in 47 CFR Part 2

    Radio.

Federal Communications Commission.
William F. Caton,
Acting Secretary

Amendatory Text

    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 citation in Part 2 continues to read as follows:

    Authority: Sections 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. Columns 4 and 5 in the frequency band 17.8-20.2 GHz are revised 
as follows:


Sec. 2.106  Table of Frequency Allocations.

* * * * *

                                                                        

[[Page 39658]]
                                                                                                                
                 International table                        United States table          FCC use designators    
----------------------------------------------------------------------------------------------------------------
                                                                           Non-                                 
    Region 1--        Region 2--       Regional 3--      Government     Government       Rule       Special-use 
  allocation GHz     alloction GHz    allocation GHz     allocation     allocation     part(s)      frequencies 
                                                            GHz            GHz                                  
(1)                (2)               (3)               (4)            (5)            (6)          (7)           
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
7.7-18.1           17.7-18.1         17.7-18.1         17.8-18.6      17.8-18.6      AUXILIARY    ..............
FIXED              FIXED             FIXED                            FIXED           BROADCASTI                
FIXED-SATELLITE    FIXED-SATELLITE   FIXED-SATELLITE                  FIXED-          NG (74)                   
 (space-to-Earth)   (space-to-        (space-to-                       SATELLITE     CABLE                      
 (Earth-to-space)   Earth) (Earth-    Earth) (Earth-                   (space-to-     TELEVISION                
 869                to-space) 869     to-space) 869                    Earth)         RELAY (78)                
MOBILE             MOBILE            MOBILE                           MOBILE         DOMESTIC                   
                                                                                      PUBLIC                    
                                                                                      FIXED (21)                
                                                                                     PRIVATE                    
                                                                                      OPERATIONA                
                                                                                      L-FIXED                   
                                                                                      MICROWAVE                 
                                                                                      (94)                      
18.1-18.6          18.1-18.6         18.1-18.6         870 US334      870 US334      ...........  ..............
FIXED              FIXED             FIXED              G117           NG1434                                   
FIXED-SATELLITE    FIXED-SATELLITE   FIXED-SATELLITE                                                            
 (space-to-Earth)   (space-to-        (space-to-                                                                
MOBILE              Earth)            Earth)                                                                    
870                MOBILE            MOBILE                                                                     
                   870               870                                                                        
18.6-18.8          18.6-18.8         18.6-18.8         18.6-18.8      18.6-18.8      AUXILIARY    ..............
FIXED              EARTH             FIXED             EARTH          EARTH           BROADCASTI                
FIXED-SATELLITE     EXPLORATION--SA  FIXED-SATELLITE    EXPLORATION-   EXPLORATION-   NG (74)                   
 (space-to-Earth)   TELLITE           (space-to-        -SATELLITE     SATELLITE     CABLE                      
 872                (passive)         Earth) 872        (passive)      (passive)      TELEVISION                
MOBILE except      FIXED             MOBILE except     SPACE          FIXED           RELAY (78)                
 aeronautical      FIXED-SATELLITE    aeronautical      RESEARCH      FIXED-         DOMESTIC                   
 mobile             (space-to-        moble             (passive)      SATELLITE      PUBLIC                    
Earth               Earth) 872       Earth                             (space-to-     FIXED (21)                
 Exploration--Sat  MOBILE except      Exploration--Sa                  Earth)        PRIVATE                    
 ellite (passive)   aeronautical      tellite                         MOBILE except   OPERATIONA                
Space Research      mobile            (passive)                        aeronautical   L-FIXED                   
 (passive)         SPACE RESEARCH    Space Research                    mobile         MICROWAVE                 
                    (passive)         (passive)                       SPACE           (94)                      
                                                                       RESEARCH                                 
                                                                       (passive)                                
871                871               871               US254 US255    US254 US255    ...........  ..............
                                                        US334 G117     US334 NG144                              
18.8-19.7          18.8-19.7         18.8-19.7         18.8-19.7      18.8-19.7      AUXILIARY    ..............
FIXED              FIXED             FIXED                            FIXED           BROADCASTI                
FIXED-SATELLITE    FIXED-SATELLITE   FIXED-SATELLITE                  FIXED-          NG (74)                   
 (space-to-Earth)   (space-to-        (space-to-                       SATELLITE     CABLE                      
MOBILE              Earth)            Earth)                           (space-to-     TELEVISION                
                   MOBILE            MOBILE                            earth)         RELAY (78)                
                                                                      MOBILE         DOMESTIC                   
                                                                                      PUBLIC                    
                                                                                      FIXED (21)                
                                                                                     PRIVATE                    
                                                                                      OPERATIONA                
                                                                                      L-FIXED                   
                                                                                      MICROWAVE                 
                                                                                      (94)                      
                   ................  ................  US334 G117     US334 NG144    ...........  ..............
19.7-20.1          19.7-20.1         19.7-20.1         FIXED-         19.7-20.1      19.7-20.1    ..............
FIXED-SATELLITE    FIXED-SATELLITE                      SATELLITE                    FIXED-                     
 (space-to-Earth)   (space-to-                          (space-to-                    SATELLITE                 
Mobile-Satellite    Earth)                              Earth)                        (space-to-                
 (space-to-Earth)  MOBILE-SATELLITE                    Mobile-                        Earth)                    
                    (space-to-                          Satellite                    MOBILE-                    
                    Earth)                              (space-to-                    SATELLITE                 
                                                        Earth)                        (space-to-                
                                                                                      Earth)                    
873                873 873A 873B     873               US334 G117     873A 873B      ...........  ..............
                    873C 873D 873E                                     873C 873D                                
                                                                       873E US334                               
20.1-20.2          20.1-20.2         20.1-20.2         20.1-20.2      20.1-20.2      ...........  ..............
FIXED-SATELLITE    FIXED-SATELLITE   FIXED-SATELLITE                  FIXED-                                    
 (space-to-Earth)   (space-to-        (space-to-                       SATELLITE                                
MOBILE-SATELLITE    Earth)            Earth)                           (space-to-                               
 (space-to-Earth)  MOBILE-SATELLITE  MOBILE-SATELLITE                  Earth)                                   
                    (space-to-        (space-to-                      MOBILE-                                   
                    Earth)            Earth)                           SATELLITE                                
                                                                       (space-to-                               
                                                                       Earth)                                   
                   873 873A 873B     ................  US334 G117     873A 873B      ...........  ..............
                    873C 873D                                          873C 873D                                
                                                                       US334                                    
                                                                                                                
      *                   *                   *                   *                   *                   *     
                                                           *                                                    



[[Page 39659]]

    b. Add the text of new United States footnote US334 to read as 
follows:
United States (US) Footnotes
* * * * *
    US334 In the band 17.8-20.2 GHz, Government space stations and 
associated earth stations in the fixed-satellite (space-to-Earth) 
service may be authorized on a primary basis. For a Government 
geostationary satellite network to operate on a primary basis, the 
space station shall be located outside the arc measured from East to 
West, 70 deg. W to 120 deg. W. Coordination between Government fixed-
satellite systems and non-Government systems operating in accordance 
with the United States Table of Frequency Allocations is required.
    c. Revise the text of existing Government footnote G117 to read as 
follows:
Government (G) Footnotes
* * * * *
    G117 In the bands 7.25-7.75 GHz, 7.9-8.4 GHz, 17.8-21.2 GHz, 30-31 
GHz, 39.5-40.5 GHz, 43.5-45.5 GHz, and 50.4-51.4 GHz the Government 
fixed-satellite and mobile-satellite services are limited to military 
systems.
* * * * *
[FR Doc. 95-19164 Fixed 8-2-95; 8:45 am]
BILLING CODE 6712-01-M