[Federal Register Volume 87, Number 206 (Wednesday, October 26, 2022)]
[Proposed Rules]
[Pages 64750-64753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22814]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 25

[IB Docket No. 22-273, FCC 20-63; FR ID 107238]


Enable Non-Geostationary Orbit Fixed-Satellite Service (Space-to-
Earth) Operations in the 17.3-17.8 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission (FCC) 
seeks comment through a Notice of Proposed Rulemaking adopted on August 
3, 2022, on amending its rules to enable non-geostationary (NGSO) 
fixed-satellite service (FSS) (space-to-Earth) operations in the 17.3-
17.8 GHz frequency band, and on what technical rules would be necessary 
and appropriate to prevent harmful interference between NGSO FSS 
operations and other authorized operations in the band.

DATES: Comments are due December 27, 2022. Reply comments are due 
January 24, 2023.

ADDRESSES: You may submit comments, identified by IB Docket No. 22-273, 
by any of the following methods:
    [ssquf] Federal Communications Commission's Website: http://apps.fcc.gov/ecfs/. Follow the instructions for submitting comments.
    [ssquf] People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Sean O'More, International Bureau, 
Satellite Division, 202-418-2453, [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking, IB Docket No. 22-273, FCC 22-63, adopted August 
3, 2022, and released August 3, 2022. The full text of the Notice of 
Proposed Rulemaking is available at https://www.fcc.gov/edocs/search-results?t=quick&fccdaNo=22-63. To request materials in accessible 
formats for people with disabilities, send an email to [email protected] 
or call the Consumer & Governmental Affairs Bureau at 202-418-0530 
(voice), 202-418-0432 (TTY).

Comment Filing Requirements

    Interested parties may file comments and reply comments on or 
before the dates indicated in the DATES section above. 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 the ECFS, http://apps.fcc.gov/ecfs.
     Paper Filers. Parties who choose to file by paper must 
file an original and one copy of each filing.
    Filings can be sent by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission.
     Commercial overnight mail (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 45 L Street NE, Washington, DC 
20554.
     Effective March 19, 2020, and until further notice, the 
Commission no longer accepts any hand or messenger delivered filings. 
This is a temporary measure taken to help protect the health and safety 
of individuals, and to mitigate the transmission of COVID-19. See FCC 
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
     Persons with Disabilities. To request materials in 
accessible formats for people with disabilities (braille, large print, 
electronic files, audio format), send an email to [email protected] or 
call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice) 
or 202-418-0432 (TTY).

Ex Parte Presentations

    The Commission will treat this proceeding 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 rule 1.1206(b). In proceedings governed by 
rule 1.49(f) 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.

Paperwork Reduction Act

    This document contains proposed new and 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 document, as required by the 
Paperwork Reduction Act of 1995. In addition, pursuant to the Small 
Business Paperwork Relief Act of 2002, we specifically seek comment on 
how we might further reduce the information collection burden for small 
business concerns with fewer than 25 employees.
    Initial Regulatory Flexibility Analysis. As required by the 
Regulatory Flexibility Act of 1980 (RFA) the Commission has prepared an 
Initial Regulatory Flexibility Analysis (IRFA) relating to this Notice 
of Proposed Rulemaking.

Synopsis

Notice of Proposed Rulemaking

    In this Notice of Proposed Rulemaking, we seek comment on whether 
to allow operations of non-

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geostationary satellite orbit (NGSO) in the FSS (space-to-Earth) in the 
17.3-17.8 GHz band, similar to our action with regard to GSO FSS 
operations in these bands. We seek comment on whether such an action 
would serve the public interest, and, if adopted, what technical rules 
and standards we would need to prevent harmful interference between 
authorized services in these bands while increasing efficient and 
effective use of the spectrum.
    Some commenters advocate allocating the 17.3-17.8 GHz band to both 
GSO and NGSO FSS (space-to-Earth) operations. Commenters point out that 
the demand for NGSO FSS (space-to-Earth) spectrum is growing, and that 
there is currently an imbalance between NGSO FSS (Earth-to-space) and 
NGSO FSS (space-to-Earth) spectrum in the Ka-band, which allocating the 
band to NGSO FSS would help to redress. Further, these commenters note 
that an NGSO FSS (space-to-Earth) allocation would align with the 
preparatory studies for the ITU 2023 World Radiocommunications 
Conference (WRC-23).
    In the 17 GHz FSS Notice, the Commission observed that the 
interference-mitigation regime it established for BSS and DBS feeder 
links in the 17.3-17.7 GHz band presupposed only GSO satellites. 
Further, the Commission noted that Article 22 of the ITU Radio 
Regulations does not include equivalent power flux density limits at 
the Earth's surface for the 17.3-17.8 GHz band that are necessary to 
protect earth stations receiving GSO transmissions from harmful 
interference from NGSO operations. Since the release of the 17 GHz FSS 
Notice, some sharing and compatibility studies and preparatory work 
have been started by interested parties on FSS use of 17 GHz band and 
these studies are aiming to be completed in time for the next World 
Radio Conference in 2023 for any needed changes to the ITU Radio 
Regulations. These studies are expected to address certain sharing 
issues and the potential of the 17 GHz band for use by NGSO FSS 
satellites, including ESIMs.
    We seek comment on commenters request to allocate the 17.3-17.7 GHz 
band to NGSO FSS (space-to-Earth), as well as on permitting unprotected 
NGSO FSS (space-to-Earth) operations in the 17.7-17.8 GHz band, similar 
to our action with regard to GSO FSS operations in these bands in the 
Report and Order. Kuiper, Mangata, SES and Telesat, SpaceX and OneWeb 
support an allocation to NGSO FSS in the band. Specifically, Kuiper 
observes that demand for internet services is growing, particularly 
with more people working from home, and that at the same time, there is 
a 300-megahertz imbalance in spectrum available to NGSO providers, with 
2,500 megahertz in 27.5-30.0 GHz of Earth-to-space spectrum and only 
2,200 megahertz in 17.8-18.6 and 18.8-20.2 GHz in the Ka-band. Kuiper 
points out that in several recent rulemakings, the Commission has made 
spectrum available for both GSO and NGSO operations. Kuiper also states 
that nothing in the United States' positions for WRC-23 distinguishes 
between GSO and NGSO FSS satellite services, nor recommends any band 
for GSO only. SpaceX agrees with Kuiper, and states that timely access 
to the 17 GHz band is critical to enable satellite operators to meet 
the growing demand of American consumers for next-generation broadband 
connectivity wherever they are. SpaceX also states that because NGSO 
FSS operators such as SpaceX must share the spectrum allocated to their 
service, limited access to Ka-band spectrum presents a potential 
bottleneck that could reduce these operators' ability to provide high-
capacity, low latency broadband services to underserved and unserved 
Americans--especially for critical downlink spectrum, where NGSO 
systems have access to 300 MHz less spectrum than on the uplink. Space 
X also states that the ``lack of equivalent power flux-density 
(``EPFD'') limits in the band should not serve as a barrier to 
successful coexistence between NGSO and GSO operators in the 17 GHz 
band.'' OneWeb adds that we have recognized the value of NGSO 
constellations in providing broadband services to the public, and that 
allowing NGSO FSS use would provide the same benefits of more spectrum, 
and particularly contiguous spectrum, to NGSO constellations as to GSO 
satellites and constellations.
    Opposing the idea, AT&T points out that neither the Commission nor 
international bodies have studied the technical feasibility of NGSO 
operations in the 17.3-17.7 GHz band. AT&T reminds that the current 
interference prevention regime in the band and the technical rules 
proposed in the 17 GHz FSS Notice are based on GSO systems sharing the 
band, and do not consider the technical characteristics nor 
interference potential of NGSO systems. Similarly, Hughes asserts that 
NGSO operations, if allowed at all, should be on a secondary basis, and 
SES and Telesat state only that we should provide an opportunity for 
NGSO proponents to demonstrate that they can share the band 
successfully with GSO FSS (space-to-Earth) services. The FWCC agrees 
with AT&T that ``the Commission should reject proposals to include non-
geostationary satellite orbit (NGSO) FSS downlinks in this proceeding 
until technical studies can be produced demonstrating that NGSO FSS 
operations can share the 17.7-17.8 GHz band without causing harmful 
interference to incumbent services.''
    We seek comment on NGSO FSS spectrum needs and permitting NGSO FSS 
(space-to-Earth) operations in the band, and ask commenters to support 
their views with technical data and studies to help us determine 
whether and how an allocation to NGSO FSS in the space-to-Earth 
direction in the band would serve the public interest while protecting 
incumbent users. If we were to allocate this spectrum for NGSO FSS, 
what are the appropriate technical rules vis-[agrave]-vis DBS/BSS, GSO 
FSS, or terrestrial services? What rules need to be adopted or modified 
to enable effective sharing while protecting the incumbent users? Are 
the EPFD limits in the adjacent bands sufficient to protect DBS/BSS 
stations and GSO FSS stations? Are there methods of protection other 
than EPFD limits that would be applicable? Would the addition of an 
NGSO allocation further degrade the reference situation for the DBS 
stations operating in accordance with the ITU Radio Regulations 
Appendix 30 plan? Are there any domestic and international coordination 
issues and/or other technical challenges that we need to address? All 
parties, whether advocating for an NGSO FSS (space-to-Earth) allocation 
in the band or against it, should support their views and requests with 
technical studies and data with quantitative and qualitative analyses.
    Digital Equity and Inclusion. The Commission, as part of its 
continuing effort 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 underserved, 
marginalized, or adversely affected by persistent poverty or 
inequality, invites comment on any equity-related considerations and 
benefits (if any) that may be associated with the proposals and issues 
discussed herein. Specifically, we seek comment on how our proposals 
may promote or inhibit advances in diversity, equity, inclusion, and 
accessibility, as well the scope of the Commission's relevant legal 
authority.

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Procedural Matters

Initial Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act (RFA), the Commission 
has prepared this Initial Regulatory Flexibility Analysis (IRFA) of the 
possible significant economic impact on small entities by the policies 
and rules proposed in this Notice of Proposed Rulemaking (NPRM). We 
request written public comments on this IRFA. Commenters must identify 
their comments as responses to the IRFA and must file the comments by 
the deadlines for comments on the NPRM provided above in section IV.B. 
The Commission will send a copy of the NPRM, including this IRFA, to 
the Chief Counsel for Advocacy of the Small Business Administration. In 
addition, summaries of the NPRM and IRFA will be published in the 
Federal Register.

A. Need for, and Objectives of, the Proposed Rules

    The NPRM seeks comment on several proposals relating to the 
Commission's allocation of frequency bands for use by the Fixed-
Satellite Service (FSS) and technical rules and policies for preventing 
harmful interference between stations operating in the Fixed-Satellite 
Service and stations operating in the Digital Broadcasting Satellite 
(DBS) Service and the Broadcasting-Satellite Service (BSS). Adoption of 
the proposed changes would, among other things, permit the use of the 
17.3-17.8 GHz band in the space-to-Earth direction by stations in the 
Fixed-Satellite Service.

B. Legal Basis

    The proposed action is authorized under sections 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), 303(r).

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules May 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 adoption of proposed rules. 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 Small Business 
Administration (SBA). Below, we describe and estimate the number of 
small entity licensees that may be affected by adoption of the proposed 
rules.
    Satellite Telecommunications. This category 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 operators. The category has a small business size standard of 
$35 million or less in average annual receipts, under SBA rules. For 
this category, U.S. Census Bureau data for 2012 show that there were a 
total of 333 firms that operated for the entire year. Of this total, 
299 firms had annual receipts of less than $25 million. Consequently, 
we estimate that the majority of satellite telecommunications providers 
are small entities.
    All Other Telecommunications. The ``All Other Telecommunications'' 
category 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 client-supplied telecommunications 
connections are also included in this industry. The SBA has developed a 
small business size standard for ``All Other Telecommunications'', 
which consists of all such firms with annual receipts of $35 million or 
less. For this category, U.S. Census Bureau data for 2012 show that 
there were 1,442 firms that operated for the entire year. Of those 
firms, a total of 1,400 had annual receipts less than $25 million and 
15 firms had annual receipts of $25 million to $49,999,999. Thus, the 
Commission estimates that the majority of ``All Other 
Telecommunications'' firms potentially affected by our action can be 
considered small.
    We anticipate that our proposed rule changes may have an impact on 
earth station and space station applicants and licensees. Space station 
applicants and licensees, however, rarely qualify under the definition 
of a small entity. Generally, space stations cost hundreds of millions 
of dollars to construct, launch, and operate. Consequently, we do not 
anticipate that any space station operators are small entities that 
would be affected by our proposed actions.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    The NPRM proposes and seeks comment on several rule changes that 
would affect compliance requirements for space station operators. As 
noted above, these parties rarely qualify as small entities.
    For example, we propose to allow additional uses of the 17.3-17.8 
GHz band, subject to compliance with technical limits designed to 
protect other users of the bands.
    In total, the proposals and questions in the NPRM 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.

E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    The RFA requires an agency to describe any significant, 
specifically small business, alternatives that it has considered in 
reaching its proposed approach, which may include the following four 
alternatives (among others): ``(1) the establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance and 
reporting requirements under the rules for such small entities; (3) the 
use of performance rather than design standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for such small 
entities.''0000000
    The NPRM seeks comment from all interested parties. The Commission 
is aware that some of the proposals under consideration may impact 
small entities. Small entities are encouraged to bring to the 
Commission's attention any specific concerns they may have with the 
proposals outlined in the NPRM.
    The Commission expects to consider the economic impact on small 
entities, as identified in comments filed in response to the NPRM, in 
reaching its final conclusions and taking action in this proceeding.

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    In this NPRM, the Commission invites comment on adding an 
allocation in the 17.3-17.8 GHz band to permit the use of the band by 
the Fixed-Satellite Service in the space-to-Earth direction, along with 
technical rules to prevent harmful interference between the FSS, DBS, 
and BSS. Overall, the proposals in the NPRM seek to increase the use of 
the 17.3-17.8 GHz band by satellite services while maintaining adequate 
protections against interference.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    None.

Ordering Clauses

    It is further ordered that, pursuant to Sections 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), 303(r), 
this Notice of Proposed Rulemaking IS HEREBY ADOPTED.
    It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center will send a 
copy of this Report and Order and this Notice of Proposed Rulemaking, 
including the final and initial regulatory flexibility analyses, to the 
Chief Counsel for Advocacy of the Small Business Administration, in 
accordance with Section 603(a) of the Regulatory Flexibility Act, 5 
U.S.C. 601 et seq.

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2022-22814 Filed 10-25-22; 8:45 am]
BILLING CODE 6712-01-P