[Federal Register Volume 87, Number 226 (Friday, November 25, 2022)]
[Rules and Regulations]
[Pages 72388-72409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23674]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 25

[IB Docket Nos. 20-330; FCC 22-63; FR ID 107242]


Amendment to Enable GSO Fixed-Satellite Service (Space-to-Earth) 
Operations in the 17.3-17.8 GHz Band, To Modernize Certain Rules 
Applicable to 17/24 GHz BSS Space Stations, and To Establish Off-Axis 
Uplink Power Limits for Extended Ka-Band FSS Operations

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission (FCC) 
adopts amendments to its rules toenable geostationary satellite orbit 
(GSO) space stations in the fixed-satellite service (FSS) to operate 
downlinks (space-to-Earth) in the 17.3-17.8 GHz frequency band, subject 
to certain limitations, and adopts related technical updates to its 
rules governing the FSS and the Broadcasting-Satellite Service to 
prevent harmful interference.

DATES: The amendments are effective December 27, 2022, except for the 
amendments to Sec. Sec.  25.114 (amendatory instruction 5), 25.115 
(amendatory instruction 6), 25.117 (amendatory instruction 7), 25.140 
(amendatory instruction 8), 25.203 (amendatory instruction 10), and 
25.264 (amendatory instruction 18), which are delayed. The Commission 
will publish a document in the Federal Register announcing the 
effective date for those amendments.

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 Report 
and Order, FCC 22-63, adopted August 3, 2022, and released August 3, 
2022. The full text of the Report and Order 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).
    Final Regulatory Flexibility Analysis. As required by the 
Regulatory Flexibility Act of 1980, as amended (RFA), the Commission 
prepared a Final Regulatory Flexibility Analysis (FRFA) of the possible 
significant economic impact on small entities of the policies and rules 
adopted in the Order, which was incorporated in the Report and Order.

Congressional Review Act

    The Commission will send a copy of the Report and Order in a report 
to be sent to Congress ad the Government Accountability Office pursuant 
to the Congressional Review Act (CRA), see 5 U.S.C. 801(a)(1)(A).

Paperwork Reduction Act

    This document contains new or modified information collection 
requirements subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. It will be submitted to the Office of Management and 
Budget (OMB) for review under Section 3507(d) of the PRA. OMB, the 
general public, and other Federal agencies will be invited to comment 
on the new or modified information collection requirements contained in 
this proceeding. In addition, we note that pursuant to the Small 
Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4), we previously sought specific comment on how the 
Commission might further reduce the information collection burden for 
small business concerns with fewer than 25 employees.

Synopsis

I. Introduction

    In this final rule, the Commission permits use of the 17.3-17.7 GHz 
band by geostationary satellite orbit (GSO) space stations in the 
fixed-satellite service (FSS) in the space-to-Earth direction on a co-
primary basis with incumbent services. We also permit limited GSO FSS 
(space-to-Earth) use of the 17.7-17.8 GHz band on an unprotected basis 
with respect to fixed service operations. Permitting use of the 17.3- 
17.8 GHz band to include FSS downlinks increases intensive and 
efficient use of the band and provides additional downlink capacity for 
high-throughput satellite communications. With appropriate technical 
safeguards established herein, including coordination requirements, 
this band can be shared in an efficient and effective manner without 
harmful interference while alleviating the growing need for additional 
Ka-band GSO FSS downlink spectrum to support communications to earth 
stations, and further streamline the licensing process of certain 
satellite systems. Permitting use of the 17.3-17.8 GHz band to include 
FSS downlinks will create a contiguous band for FSS (space-to-Earth) 
operations, enabling greater flexibility and efficiency for advanced 
satellite systems operations for the benefit of American consumer. In 
this final rule, we also define an extended Ka-band in our rules, i.e., 
the 17.3- 18.3 GHz (space-to-Earth), 18.8-19.4 GHz (space-to-Earth), 
19.6-19.7 GHz (space-to-Earth), 27.5-28.35 GHz (Earth-to-space) and 
28.6-29.1 GHz (Earth-to-space) bands to streamline licensing of FSS 
earth stations in a closely harmonized regulatory framework for all 
similar FSS uplink transmissions in the conventional and extended Ka-
bands.

II. Background

    The Table of Frequency Allocations is comprised of the 
International Table and the United States Table of Frequency 
Allocations (U.S. Table). In the International Table, the 17.3-17.7 GHz 
band is allocated, in International Telecommunication Union (ITU) 
Region 2, to the fixed-satellite service (FSS) (Earth-to-space) and to 
the broadcasting-satellite service (BSS) on a co-primary basis, as well 
as to the radiolocation service on a secondary basis. In the U.S. 
Table, the 17.3-17.7 GHz band is allocated to the FSS (Earth-to-space) 
and to the BSS on a co-primary basis and to the radiolocation services 
on a secondary basis. The adjacent 17.7-17.8 GHz band is allocated 
internationally in ITU Region 2 to the fixed service, BSS, and FSS (in 
both the space-to-Earth and Earth-to-space directions) on a primary 
basis and to the mobile service on a secondary basis. The 17.7-17.8 GHz 
band is allocated to FSS (Earth-to-space) and to the fixed service on a 
co-primary basis in the U.S. Table. Historically, in the United States, 
the 17.3-17.8 GHz band has been used for FSS feeder uplinks that 
transmit programming to Direct Broadcast Satellite (DBS) service GSO 
space stations, in addition to terrestrial fixed service use of the 
17.7-17.8 GHz band. DBS feeder link operations typically involve the 
use of large, high-gain antennas at a limited number of individually-
licensed earth station locations. The DBS service satellites then 
downlink that video programming directly to consumers in the 12.2-12.7 
GHz band.
    In 2007, the Commission adopted rules for a new service that would 
use the 17.3-17.8 GHz band in the space-to-Earth direction to provide 
BSS. This service, known as the ``17/24 GHz BSS,''

[[Page 72389]]

provides service downlinks to customers in the same 17.3-17.8 GHz band 
that is used for feeder uplinks to DBS space stations, i.e., reverse 
band operation. Although the 17/24 GHz BSS may use the entire 17.3-17.8 
GHz band internationally, it may only provide service in the United 
States in the 17.3-17.7 GHz band. DBS feeder link uplinks, by contrast, 
operate in the entire 17.3-17.8 GHz band in the United States. When the 
Commission adopted rules for the 17/24 GHz BSS, it also sought comment 
on rules to avoid interference between DBS and 17/24 GHz BSS 
operations, both in-orbit (``space path'' interference) and on the 
ground (``ground path'' interference). The Commission adopted technical 
rules to address space path interference in 2011 that included a 
requirement that 17/24 GHz BSS space stations locate at least 0.2 
degrees from a DBS space station. In 2017, the Commission adopted rules 
to address ground path interference.
    On November 18, 2020, the Commission adopted a notice of proposed 
rulemaking (NPRM) (86 FR 7660 (Feb. 1, 2021)). In the 17 GHz FSS NPRM, 
the Commission proposed to revise its rules and permit GSO FSS (space-
to-Earth) communications in the 17.3-17.7 GHz on a co-primary basis. 
The Commission also proposed to permit GSO FSS (space-to-Earth) 
communications in the 17.7-17.8 GHz band on an unprotected basis with 
respect to terrestrial fixed service operations in the band. This would 
join with current spectrum allocations to produce a contiguous band for 
non-Federal Government space-to-Earth FSS operations in the United 
States, from 17.3-20.2 GHz.
    The Commission also proposed a number of technical rules to prevent 
harmful interference between stations sharing the 17.3-17.8 GHz band. 
In order to facilitate sharing of the band between BSS and FSS, the 
Commission proposed satellite spacing requirements, power-flux density 
(PFD) limits for transmitting (downlinking) FSS space stations, 
polarization and frequency re-use requirements, and space station 
antenna cross-polarization requirements. In order to mitigate space 
path interference in the band,\1\ the Commission proposed to extend the 
``coordination trigger'' applicable to DBS and BSS space stations in 
the 17.3-17.8 GHz band to FSS space stations, to require PFD 
calculations in the band to consider aggregate PFD from all 
transmitting beams on the adjacent space station. The Commission also 
proposed a minimum orbital separation between FSS space stations of 0.5 
degrees and amendment of the values for off-axis measurement angles, 
measurement frequency requirements, and a two-part process for 
submission of off-axis antenna gain data. In order to mitigate ground 
path interference,\2\ the Commission proposed to maintain its current 
rules to ``grandfather'' upgrades and modifications to existing DBS 
earth station sites, modify the measurements and values used to 
establish DBS/FSS coordination zones in the 17.3-17.8 GHz band, and 
permit blanket-licensed FSS receiving earth stations in the 17.3-17.8 
GHz band. The Commission also proposed certain conforming modifications 
to the rules in order to effectuate the proposed'' changes. Finally, 
the Commission proposed to define the term ``extended Ka-band'' to 
include all frequency bands in the Ka-band with allocations to the GSO 
FSS, apart from the currently-defined ``conventional Ka-band,'' and to 
apply the Commission's routine license application processing 
procedures to applications in the ``extended Ka-band.''
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    \1\ Space path interference may occur when the off-axis 
downlinked signals from one space station are detected by the 
receiving antenna of a nearby co-frequency space station. The 
severity of space path interference will depend upon the transmitted 
signal power level; the off-axis gain discrimination characteristics 
of the transmitting and receiving antennas; and on the specific 
orientation of, and separation between, the transmitting and 
receiving antennas on both space stations. This latter factor in 
turn depends upon various inter-dependent parameters including 
longitudinal separation and the inclination and eccentricity of both 
space station orbits. Management of space path interference is 
typically more challenging when a receiving DBS space station is 
located within a few tenths of a degree in orbital longitude from a 
transmitting co-frequency space station.
    \2\ Ground path interference arises in reverse-band sharing 
scenarios when the off-axis uplinked signals transmitted by one 
earth station are detected by the receiving antenna of a nearby co-
frequency earth station. It is analogous to space path interference 
which arising between co-frequency space stations as discussed 
above. As with space path interference, the severity of ground path 
interference will depend upon the transmitted signal power level, 
the off-axis gain discrimination characteristics of the transmitting 
and receiving antennas, and the specific orientation of, and 
separation between, the transmitting and receiving antennas on both 
earth stations. In addition, local geography can also influence 
ground path interference levels.
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III. Discussion

A. GSO FSS Allocation in the 17.3-17.8 GHz Band

    The Ka-band \3\ is used extensively by FSS operators to provide 
satellite-based broadband access services using high-throughput 
satellites. In these high throughput systems, end user terminals uplink 
to space stations on one set of frequencies, and the space station 
downlinks traffic to earth station terminals (and back into the 
internet backbone) using a separate set of frequencies. The satellites 
in these systems typically use spot-beam technology and high-order 
frequency re-use to significantly increase capacity and spectral 
efficiency. In this final rule, we permit FSS downlinks from 
geostationary satellites to operate in the 17.3-17.7 GHz band on a co-
primary (co-equal) basis \4\ with other primary services in that band 
by revising footnote US402 in the U.S. Table, and adopting a new 
footnote NG58. In addition, as discussed below, we make certain other 
changes to the U.S. Table to permit GSO FSS space-to-Earth operations 
in the adjacent 17.7-17.8 GHz band. We revise the existing primary FSS 
allocation in the U.S. Table to permit GSO space-to-Earth operations. 
We also permit authorization of FSS receiving earth stations in the 
17.7-17.8 GHz band on an unprotected basis with respect to fixed 
service operations; such FSS receiving earth stations would operate on 
a co-primary basis, however, vis-[agrave]-vis primary satellite 
operations in the band.
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    \3\ The Ka-band is generally considered to be 17.3-20.2 GHz and 
27.0-30.0 GHz. For the FSS, the conventional Ka-band is defined as 
18.3-18.8 GHz (space-to-Earth), 19.7-20.2 GHz (space-to-Earth), 
28.35-28.6 GHz (Earth-to-space), and 29.25-30.0 GHz (Earth-to-space) 
frequency bands, which the Commission has designated as primary for 
GSO FSS operation. 47 CFR 25.103. This final rule establishes an 
extended Ka-band for the FSS in the 17.3-18.3 GHz (space-to-Earth), 
18.8-19.4 GHz (space-to-Earth), 19.6-19.7 GHz (space-to-Earth), 
27.5-28.35 GHz (Earth-to-space) and 28.6-29.1 GHz (Earth-to-space) 
bands.
    \4\ A service designated as co-primary must share operations 
with other services designated as co-primary in the frequency band 
on a co-equal basis.
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1. GSO FSS Transmissions in the 17.3-17.7 GHz Band
    The 17.3-17.7 GHz band is allocated in the U.S. Table to FSS 
(Earth-to-space), limited to feeder links for the BSS (DBS), and to the 
BSS (17/24 GHz BSS), on a co-primary basis. In the 17 GHz FSS NPRM, the 
Commission proposed to add a co-primary allocation in the 17.3-17.7 GHz 
band for FSS (space-to-Earth). Neither the International (Region 2) nor 
the U.S. Table of Frequency Allocations currently permit FSS (space-to-
Earth) operations in this band. In the 17 GHz FSS NPRM, the Commission 
proposed to modify the U.S. Table, revise footnote US402, and adopt a 
new footnote NG58 to permit co-primary operation of FSS downlink 
transmissions in the 17.3-17.7 GHz band, while limiting FSS downlink 
operations to GSO satellite networks. To streamline the applicable 
restrictions to the 17.3-17.8 GHz band

[[Page 72390]]

in the U.S. Table, the Commission further proposed to incorporate the 
use limits found in US271 and NG163 into the new footnote NG58 to 
remove footnotes US271 and NG163 from the Commission's rules. The 
Commission also proposed consequential modifications to the licensing 
information requirements contained in Sec.  25.115(e).
    A number of commenters support permitting FSS (space-to-Earth) 
operations in the 17.3-17.7 GHz band. These commenters argue that 
additional Ka-band FSS (space-to-Earth) spectrum is needed to expand 
the capacity to serve the public and to support faster, higher-capacity 
satellite broadband communications, in remote and underserved areas.
    AT&T states that in order to protect the current operations and 
future expansion of BSS and DBS, the Commission must adopt technical 
rules to protect incumbents and make any new FSS (space-to-Earth) 
allocation secondary to BSS and DBS. CTIA-The Wireless Association 
(CTIA) notes that the Commission currently has a proceeding open to 
address allocations of spectrum in the 12.2-12.7 GHz band, which is a 
downlink band for DBS (Earth-to-space) uplinks in the 17.3-17.8 GHz 
band. CTIA suggests that the Commission should consider allocations in 
the 12.2-12.7 GHz band and the 17.3-17.8 GHz band in the same 
proceeding.
    We find that it would serve the public interest to allocate the 
17.3-17.7 GHz band to FSS (space-to-Earth). FSS downlinks in the 17 GHz 
band will be compatible with the incumbent services: feeder links for 
DBS networks and ``reverse band'' use for the downlink portion of 17/24 
GHz BSS operations. The majority of commenters support the Commission's 
proposed changes to the U.S. Table. Hughes also notes that appropriate 
rules to prevent harmful interference have facilitated a convergence of 
BSS, FSS, and MSS in the 17/24 GHz band. Only CTIA opposes the 
allocation. AT&T states that the allocation should be conditioned to 
protect DBS and BSS services. We note that FSS (space-to-Earth) 
communications are technically similar to DBS/BSS communications, and 
we see no reason why the band, already successfully shared between DBS, 
BSS, and FSS (Earth-to-space), cannot be successfully shared with FSS 
(space-to-Earth) with the technical standards adopted herein to prevent 
harmful interference. We find that permitting use of the 17.3-17.8 GHz 
band to include FSS downlinks would increase intensive and efficient 
use of the band and provide additional downlink capacity for high-
throughput satellite communications. Increasing space launch activity 
in the United States and decreasing satellite size and weight make more 
satellite-based communications feasible, and the record in this 
proceeding demonstrates a need to provide additional spectrum for FSS 
(space-to-Earth) capacity. In addition to providing greater bandwidth 
to FSS customers, this allocation will help to provide increased 
communications capability to unserved and underserved areas of the 
United States, assist in closing the digital divide, and ensure that 
this spectrum band is used and shared in the most efficient and 
effective manner.
    For any new GSO FSS allocation in the 17 GHz Band, AT&T encourages 
the Commission to amend the U.S. Table ``to reflect the secondary 
status of GSO FSS downlinks vis-[agrave]-vis the incumbent coprimary 
services.'' Toward this end, AT&T proposes that we expressly require 
``GSO FSS downlinks to protect incumbent 17/24 GHz BSS services, while 
not requiring future 17/24 GHz BSS to protect GSO FSS systems.'' We are 
not persuaded by these arguments. FSS (space-to-Earth) transmissions 
are similar to DBS/BSS transmissions, including the 17/24 GHz BSS 
downlinks to customers in the same band, and there is no evidence in 
the record of likely harmful interference among the services currently 
allocated in the 17.3-17.7 GHz band and FSS (space-to-Earth) if we were 
to add a primary FSS (space-to-Earth) allocation (GSO-only) in the 
band. We also are not persuaded that treating GSO FSS transmissions 
secondary to current and future 17/24 GHz BSS transmissions would be 
more appropriate here. In light of the technical rules adopted herein 
and the fact that GSO FSS (space-to-Earth) transmissions are similar to 
DBS/BSS transmissions, co-primary operations would ensure that all 
satellite services, including both current and future 17/24 GHz BSS, 
use scarce spectrum and orbital resources in the most efficient and 
effective manner, in the absence of any compelling harmful interference 
or undue burden concerns. Given the importance of FSS services and the 
need for additional FSS downlink spectrum, we find that it would serve 
the public interest to adopt a primary FSS downlink allocation in the 
band without AT&T's requested condition. Although there is not a Region 
2 allocation specifying FSS in the downlink direction, we believe that 
the technical rules we adopt herein will prevent harmful interference 
and allow successful sharing of the band among all satellite operators, 
and to ensure that FSS (space-to-Earth) communications cause no more 
interference than, nor require more protection from interference than, 
BSS communications in the band.
    We also reject CTIA's request to merge this proceeding with the 12 
GHz NPRM (86 FR 13266 (March 8, 2021)). We do not agree with CTIA that 
band sharing in the 17.3-17.8 GHz band in the space-to-Earth direction 
is affected by possible band sharing in the 12.2-12.7 GHz band. The 
technical and policy issues in these two proceedings are different, 
with varying complexities, and permitting GSO FSS (space-to-Earth) 
operations in the 17.3-17.8 GHz band will not affect the allocation or 
performance of services in the 12.2-12.7 GHz band. In addition, there 
are no efficiencies to be gained by merging these two separate 
proceedings. Rather such an action would create delays, procedural 
complexities, and administrative inefficiencies.
2. The 17.7-17.8 GHz Band
    The 17.7-17.8 GHz band is allocated in ITU Region 2 to the fixed 
service, FSS in both directions, and BSS on a primary basis, and to the 
mobile service on a secondary basis. In the United States, the band is 
allocated for the non-Federal fixed service and FSS (Earth-to-space) on 
a primary basis. In the 17 GHz FSS NPRM, the Commission proposed to add 
a space-to Earth direction (to the existing primary FSS allocation) in 
the U.S. Table, but also to add a footnote stipulating that earth 
stations receiving in the 17.7-17.8 GHz band are not entitled to 
protection from the fixed service. The Commission noted that allowing 
use of the 17.7-17.8 GHz band by the FSS (space-to-Earth) would provide 
a contiguous band for FSS downlink operations at 17.3-18.3 GHz, along 
with the existing FSS use in the 18.3-18.8 GHz band, which would 
facilitate operational efficiencies and flexibility to avoid 
interference and to use this contiguous spectrum in the most effective 
and efficient manner.
    Commenters who support the allocation of the 17.3-17.7 GHz band to 
FSS (space-to-Earth) generally support allocating the 17.7-17.8 GHz 
band as well. AT&T expresses concerns and states that FSS (space-to-
Earth) should be allocated secondary status in the 17.7-17.8 GHz band. 
CTIA opposes the allocation, stating that the allocation would hinder 
use of the band by future terrestrial services, and that SES did not 
request the use of the band for FSS (space-to-Earth) in its petition.

[[Page 72391]]

    We find that adding a space-to Earth direction to the existing 
primary FSS allocation in the U.S. Table and a footnote stipulating 
that earth stations receiving in the 17.7-17.8 GHz band are not 
entitled to protection from the fixed service strikes the best balance 
between facilitating FSS (space-to-Earth) as well as continued 
operations of other users of the 17.7-17.8 GHz band. The co-primary 
allocation allows FSS to use the band for space-to-Earth 
communications, while the addition of footnote NG58 to the U.S. Table 
ensures that interference environment is not significantly changed for 
the existing operations of the incumbent fixed services in the 17.7-
17.8 GHz band. We permit authorization of earth stations receiving 
transmissions from GSO FSS space stations in the 17.7-17.8 GHz band, 
strictly on an unprotected basis vis-a-vis the fixed service.\5\ This 
approach is consistent with our goals to allocate increasingly scarce 
spectrum resources in the most efficient and effective manner possible. 
Allocating the 17.7-17.8 GHz band to the FSS (space-to-Earth) under the 
conditions adopted herein will provide a contiguous band for FSS 
downlink operations at 17.3-18.3 GHz, along with the existing FSS use 
in the 18.3-18.8 GHz band. This in turn would facilitate operational 
efficiencies and flexibility to avoid interference and to use this 
contiguous spectrum for next generation FSS services.
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    \5\ In addition, the fixed service stations would be protected 
from harmful interference from GSO FSS downlink operations, given 
the existing power flux density (PFD) limits for GSO space stations 
in Sec.  25.208(c) of the Commission rules. 47 CFR 25.208(c). These 
PFD limits comport with established international standards for 
preventing harmful interference to fixed service stations and are 
applicable in the entire 17.7-19.7 GHz band. See also infra at para. 
29. We note that with respect to adjacent band operations, a fixed 
service operator in the 17.7-18.3 GHz band is required to comply 
with out of band emission limits contained in our rules. A fixed 
service operator in the 17.7-18.3 GHz band that complies with these 
limits would not otherwise be required to coordinate its operations 
with FSS receiving earth stations in the 17.3-17.7 GHz band. See 
also 47 CFR 74.637, 78.103, and 101.111. Fixed services in the 17.8-
18.3 GHz band would likewise not be subject to a coordination 
requirement vis-[agrave]-vis FSS receiving earth stations operating 
in the 17.7-17.8 GHz band.
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    For these reasons, we adopt the proposed co-primary allocations for 
FSS (space-to-Earth) in the 17.3-17.8 GHz band, subject to conditions 
adopted herein. For the reasons stated below, we conclude that 
appropriate technical limitations on FSS (space-to-Earth) use of the 
band will allow for successful band sharing and preserve the utility of 
the band for incumbent services.

B. Technical Rules To Prevent Harmful Interference in the 17.3-17.8 GHz 
Band

    In order to prevent harmful interference between services in the 
17.3-17.8 GHz band, the Commission proposed a number of technical 
rules. These rules were designed to allow FSS (space-to-Earth) 
communications flexibility in the band, while preserving the ability to 
both use and grow in the band for other services.
1. Measures To Facilitate Space-to-Earth Operations of 17/24 GHz BSS 
and FSS
    In the 17 GHz FSS NPRM, the Commission proposed various 
requirements intended to facilitate both intra-service operations 
between 17.3-17.8 GHz FSS space stations and inter-service operations 
between FSS and 17/24 GHz BSS space stations operating in the space-to-
Earth direction. Most of these requirements are already applicable to 
17/24 GHz BSS space stations transmitting in the band, and the 
Commission generally proposed to extend them to 17.3-17.8 GHz FSS space 
stations either directly or with some targeted modifications.
    Required Longitudinal Separation between Downlinking Satellites. 
The Commission proposed to adopt a two-degree orbital spacing 
requirement \6\ between transmitting FSS space stations and a four-
degree separation requirement between FSS and 17/24 GHz BSS space 
stations. The Commission proposed to require an FSS applicant to make a 
different coordination showing depending upon the services of its 
adjacent space stations. To implement this approach, the Commission 
proposed amending Sec. Sec.  25.140(a), (b), and (d) and 25.262 of our 
rules to require GSO FSS and 17/24 GHz BSS applicants seeking to 
operate in the 17.3-17.8 GHz band to demonstrate compliance with rules 
applicable to their service's particular orbital spacing requirements, 
while simultaneously accommodating adjacent space stations in other 
services.\7\ While the Commission believed that this approach would use 
the orbital arc and associated spectrum resources most efficiently, the 
Commission also sought comment on other possible orbital spacing 
options, including the four-degree spacing regimen which we currently 
apply to 17/24 GHz BSS stations.
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    \6\ The different satellite services operating in the 17.3-17.8 
GHz band are subject to different orbital spacing requirements. Our 
rules require 17/24 GHz BSS space stations that transmit in the 
space-to-Earth direction in the 17.3-17.8 GHz band to be separated 
from each other by at least four degrees. In contrast, DBS stations 
are authorized to receive feeder uplink transmissions in the 17.3-
17.8 GHz band in the opposite direction (i.e., reverse-band 
operations), and are typically separated from each other by at least 
nine degrees. Transmitting 17/24 GHz BSS space stations must also 
maintain at least 0.2 degrees separation from DBS space stations to 
minimize space path interference. GSO FSS space stations however, 
have historically been subject to a two-degree spacing requirement. 
Compliance with the two-degree orbital separation requirements for 
FSS space stations is verified by the information certifications and 
technical showings required by 47 CFR 25.140(a) of our rules.
    \7\ Under this approach, GSO FSS space stations would adhere to 
a two-degree separation regimen between each other, and a four 
degree separation from neighboring 17/24 GHz BSS space stations.
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    Most commenters support our proposed orbital spacing approach. AT&T 
offers a different option, arguing that given the currently proposed 
power flux density (PFD) levels, we may require two degrees of 
separation between FSS space stations, but should require six degrees 
(vs. four) between FSS and 17/24 GHz BSS stations. AT&T bases this 
choice of distance on its argument that the proposed spacing would 
increase the aggregate adjacent satellite interference by approximately 
1.3 dB, thereby exceeding the standard 6% delta T/T coordination 
trigger. In the alternative, AT&T asserts that should we adopt our 
orbital spacing proposal, then we must reduce our proposed PFD levels, 
particularly in the northeast and west regions, by 2.5 dB.
    The Satellite Companies counter that requiring FSS satellites to 
either locate at least six degrees from a 17/24 GHz BSS space station 
or reduce their PFD levels is unnecessary, as there is no reason to 
suppose that the 17/24 GHz BSS system would be affected any differently 
by downlinking FSS transmissions than it would be from a neighboring 
17/24 GHz BSS station in the current four-degree spacing environment. 
The Satellite Companies note, however, that AT&T's concerns may arise 
instead from concern about potential aggregate interference that might 
arise if multiple satellites were positioned within six degrees on 
either side of a current 17/24 GHz BSS location--a situation which they 
point out is currently not possible. For this reason, the Satellite 
Companies argue that AT&T proposes an overly-broad solution to address 
an unlikely, hypothetical scenario. The Satellite Companies propose as 
an alternative that the Commission adopt language permitting the 
proposed two-degree separation between FSS space stations, and four 
degrees between FSS and 17/24 GHz BSS stations, with the added proviso 
that an applicant for an additional FSS satellite proposing to operate 
within six degrees of a 17/24 GHz BSS satellite must demonstrate that

[[Page 72392]]

interference to the incumbent 17/24 GHz BSS receiver will not increase 
over levels expected in the four-degree spacing environment. Hughes 
similarly argues that six degrees of separation between FSS and 17/24 
GHz satellites is unnecessary, citing the technical analysis provided 
with the SES-17 application and the Commission's approval of that 
application. As a remedy to concerns of aggregate interference, Hughes 
proposes that only one FSS space station be permitted within six 
degrees of a 17/24 GHz BSS satellite.
    We adopt a two-degree orbital separation requirement between 
transmitting FSS space stations, while simultaneously requiring that 
FSS space stations locate at least four degrees from adjacent 17/24 GHz 
BSS space stations. We do not believe that transmissions from FSS space 
stations at PFD levels that are either the same or reduced relative to 
those now required from 17/24 GHz BSS space stations in a four-degree 
environment will result in additional harmful interference to 17/24 GHz 
BSS receiving earth stations as there is no reason to suppose that the 
17/24 GHz BSS system would be affected any differently by downlinking 
FSS transmissions than it would be from a neighboring 17/24 GHz BSS 
station in the current four-degree spacing environment. Accordingly, we 
believe that six degrees of separation between 17/24 GHz BSS and FSS 
satellites is unwarranted and would result in an inefficient use of 
scarce orbital resources.
    We find, however, that there is some increased potential for 
aggregate interference into 17/24 GHz BSS systems if two transmitting 
FSS space stations were to locate within six degrees on either side of 
such an incumbent operator. Although relatively unlikely in the 
immediate operating environment, it remains a possibility, should 
future 17/24 GHz BSS space stations choose to locate at different 
orbital positions where two or more existing, or licensed but not yet 
launched, FSS space stations are within six degrees on either side of 
the 17/24 GHz BSS space station location. To address this concern, we 
will require that where an FSS satellite is located within four degrees 
of a previously authorized or proposed 17/24 GHz BSS satellite, and an 
applicant seeks to deploy another FSS satellite between four and eight 
degrees from the same 17/24 GHz BSS satellite in the same direction of 
separation as the existing FSS satellite, the applicant must either 
coordinate its operations with the affected incumbent 17/24 GHz BSS 
system or provide a showing in its application to demonstrate that 
aggregate interference into the 17/24 GHz BSS incumbent system will not 
exceed that which would be expected in a four-degree spacing 
environment. Hughes' proposal, as worded, would allow the second FSS 
satellite to locate just beyond six degrees away (e.g., 6.05[deg]), an 
orbital separation unlikely to remedy AT&T's aggregate interference 
concerns. We adopt eight degrees rather than the six degrees proposed 
by Hughes because we believe this orbital separation accurately 
represents the maximum separation that would be applicable for two 
transmitting satellites (FSS or 17/24 GHz BSS) in a four-degree spacing 
environment so that our decision is consistent with the current rules 
governing17/24 GHz BSS space stations proposing to locate at 
separations of less than four degrees from one another. To implement 
these rule changes, we will update Sec. Sec.  25.140(a), (b), and (d) 
and 25.262.
    Downlink Power Limits. The Commission has typically employed 
downlink PFD limits for space stations transmissions to facilitate both 
inter-service and intra-service sharing. Although the Commission's 
current rules include PFD limits for 17/24 GHz BSS systems transmitting 
in the 17.3-17.7 GHz band, the rules do not include PFD limits for FSS 
space stations in the 17.3-17.7 GHz band. To remedy this, the 17 GHz 
FSS NPRM proposed to apply regional PFD limits to 17.3-17.8 GHz FSS 
space station transmissions, to harmonize them with those now 
applicable to the 17/24 GHz BSS. The Commission proposed adopting 
specific regional limits as follows:
    (1) In the region of the contiguous United States, located east of 
100[deg] West Longitude and including Alaska and Hawaii: -118 dBW/m\2\/
MHz; and
    (2) In the region of the contiguous United States, located west of 
100[deg] West Longitude: -121 dBW/m\2\/MHz.
    Because the PFD limits contained in section 25.208 are generally 
angle-dependent and largely intended to facilitate sharing between 
space and terrestrial services, rather than amend this section to 
include these new regional PFD requirements, the 17 GHz FSS NPRM 
instead proposed to include them in Sec.  25.140(a)(3), which contains 
rules to facilitate FSS intra-service operations in a two-degree 
orbital spacing environment. Further, to improve the organizational 
coherence of our part 25 rules, the 17GHz FSS NPRM also proposed to 
likewise move the regional PFD limits for 17/24 GHz BSS space stations 
now contained in Sec.  25.208(w) to Sec.  25.140(b)(3). As a 
consequence of this move, the 17 GHz FSS NPRM also proposed conforming 
updates to other paragraphs in Sec.  25.140(b)(3) and to rule sections 
that currently refer to Sec.  25.208(w) including Sec. Sec.  
25.114(d)(15)(i) and (ii), 25.140(b)(5), and 25.262(b)(1) and (2), (c), 
and (d).
    Commenters generally support the Commission's proposals to apply 
regional PFD limits to transmitting FSS space stations. As discussed 
above, AT&T states that in conjunction with the proposed orbital 
spacing regimen, the proposed PFD limits would be too high in the 
northeast and west regions. As discussed herein, we are modifying the 
orbital spacing requirements, and these modifications should alleviate 
AT&T's concerns with respect to aggregate interference and the proposed 
regional PFD limits. Accordingly, we adopt the proposed modifications 
to Sec.  25.140(a)(3) to include these regional PFD limits for 
transmitting FSS space stations to adequately facilitate both inter-
service and intra-service sharing. In addition, no commenters object to 
the Commission's proposal to move the analogous regional PFD limits 
applicable to 17/24 GHz BSS systems in Sec.  25.208(w) to Sec.  
25.140(b)(3) and we make this change to our rules along with the 
associated conforming modifications.
    Some commenters question whether the PFD limits in the 17.7-17.8 
GHz band are sufficient to protect incumbent fixed service operations, 
noting among other things that the (1) this PFD mask has not been 
studied by the Commission since 1983; (2) the internationally adopted 
PFD limits proposed herein assume that fixed service and FSS have equal 
status in the band, but the GSO FSS service in the 17 GHz band would be 
secondary to incumbent fixed operations (3) further detailed study is 
required to understand the full extent of the issue, but at minimum the 
Commission should take a similar protective measure to account for 
aggregate interference as it did in the C-band proceeding and reduce 
the PFD limit by 4 dB; and that (4) both the existing and proposed new 
Sec.  25.140(b)(3) would permit a space station applicant to exceed the 
regional PFD to protect satellite operations, so long as the applicant 
coordinated with affected satellite operators, but without regard to 
the impact on terrestrial operations. As discussed above, with the 
modified orbital spacing requirements, the PFD limits we adopt herein 
should be sufficient to protect all incumbent services and alleviate 
aggregate interference concerns. We note that there is no evidence in 
the record that the current PFD mask

[[Page 72393]]

applicable to these services need to be revised, nor has any evidence 
been introduced that terrestrial services have experienced any 
interference issues in either the 17.7-17.8 GHz band or adjacent 17.8-
18.3 GHz band, despite the fact that satellite and terrestrial services 
have co-existed in this spectrum for years, using these PFD limits. We 
note that although FSS allocation will be primary in the 17.3-17.8 GHz 
band and subject to the adopted PFD limits to protect fixed services 
from harmful interference, earth stations operating in the FSS (space-
to-Earth) in the 17.7-17.8 GHz band shall not claim protection from 
stations in the fixed service that operate in that band. We also 
clarify that although we allow an FSS space station to exceed the PFD 
limits pursuant to Sec.  25.140(b)(3) vis-[agrave]-vis other space 
stations, our adopted PFD limits will continue to apply vis-[agrave]-
vis fixed services in the 17.7-17.8 GHz band or adjacent 17.8-18.3 GHz 
band.\8\
---------------------------------------------------------------------------

    \8\ See, e.g., 47 CFR 25.208(c). The fixed service stations 
would be protected from harmful interference from GSO FSS downlink 
operations, given the existing PFD limits for GSO space stations in 
Sec.  25.208(c) of the Commission rules. 47 CFR 25.208(c). These PFD 
limits comport with established international standards for 
preventing harmful interference to fixed service stations and are 
applicable in the entire 17.7-19.7 GHz band.
---------------------------------------------------------------------------

    Polarization and Full Frequency Re-Use Requirements. The 17 GHz FSS 
NPRM proposed to amend Sec.  25.210(f) of our rules to include 17.3-
17.8 GHz in the list of specified frequencies in which FSS operators 
are required to employ state-of-the-art full frequency reuse, either 
through the use of orthogonal polarizations within the same beam and/or 
the use of spatially independent beams. Commenters support this 
proposal with no objections. Accordingly, we adopt this proposal.
    Cross-Polarization Isolation Requirements. The 17 GHz FSS NPRM 
proposed not to extend the cross-polarization requirements contained in 
Sec.  25.210(i) to FSS space station antennas transmitting in the 17.3-
17.8 GHz band. The Commission sought comment on whether these 
requirements might be obsolete in the current digital transmission 
environment and could be eliminated for 17/24 GHz BSS space station 
transmissions as well. The Satellite Companies and Hughes agree that 
cross-polarization requirements are not necessary for downlinking FSS 
space stations, and further agree that these requirements could be 
eliminated for 17/24 GHz BSS transmissions as well, as they have become 
obsolete in today's digital transmission environment. We received no 
other comments on this issue. Accordingly, we will not extend these 
requirements to FSS space stations downlinking in the 17.3-17.8 GHz 
band, and we further eliminate the obsolete cross-polarization 
isolation requirement for 17/24 GHz space stations in Sec.  25.210(i).
2. Measures To Mitigate Space Path Interference
    In the 17.3-17.8 GHz reverse-band sharing environment, receiving 
DBS space stations are vulnerable to space path interference \9\ from 
nearby co-frequency 17/24 GHz BSS space station transmissions.\10\ To 
mitigate space path interference into DBS receivers, the17 GHz FSS NPRM 
proposed to apply to FSS space stations an approach similar to the one 
now applicable to 17/24 GHz BSS space stations. As discussed in detail 
below, we adopt these proposals. As discussed below, however, we are 
not increasing the minimum orbital separation distance between FSS and 
DBS space stations to 0.5 degrees. We also are not relaxing the angular 
measurement range over which FSS applicants are required to submit off-
axis antenna gain data and associated PFD calculations. Rather, as 
discussed below, we extend the requirements contained in Sec.  
25.264(a) to FSS applicants. In addition, we amend Sec.  25.264(a)(4) 
to require that measurements for both FSS and 17/24 GHz BSS 
transmitting antennas be made only at a single frequency in the middle 
of the band in which the applicant proposes to operate.
---------------------------------------------------------------------------

    \9\ This type of interference may occur when the off-axis 
downlinked signals from one space station are detected by the 
receiving antenna of a nearby co-frequency space station. The 
severity of space path interference will depend upon the transmitted 
signal power level; the off-axis gain discrimination characteristics 
of the transmitting and receiving antennas; and on the specific 
orientation of, and separation between, the transmitting and 
receiving antennas on both space stations. This latter factor in 
turn depends upon various inter-dependent parameters including 
longitudinal separation and the inclination and eccentricity of both 
space station orbits. Management of space path interference is 
typically more challenging when a receiving DBS space station is 
located within a few tenths of a degree in orbital longitude from a 
transmitting co-frequency space station.
    \10\ Analogously, ground path interference arises between earth 
stations when the off-axis transmissions in the Earth-to-space 
direction of one service are received by a nearby co-frequency 
receiving earth station in another service.
---------------------------------------------------------------------------

    Off-Axis Power Flux Density Coordination Trigger. To avoid harmful 
levels of space path interference into DBS space station antennas from 
FSS transmissions, the 17 GHz FSS NPRM proposed modifications to Sec.  
25.264(a) through (i) of our rules to extend the current PFD 
coordination trigger of -117 dBW/m\2\/100 kHz to downlinking FSS space 
stations in the 17.3-17.8 GHz band. Recognizing that current space 
station design often employs multiple spot beams and may result in a 
cumulative interference level at the DBS receiver, the Commission also 
proposed to amend Sec.  25.264(b)(1) and (2) and (e) to require that 
the PFD calculations at the DBS receiver from both 17/24 GHz BSS and 
FSS consider the aggregate power flux density from all 17.3-17.8 GHz 
transmitting beams on the adjacent space station.
    All commenters supported our proposal to extend the current PFD 
coordination trigger to downlinking FSS space stations and felt that it 
was reasonable to require that the associated PFD calculations consider 
the aggregate power flux density value. We adopt these proposals and 
amend Sec.  25.264(b)(1) and (2) accordingly.
    Requirements for Antenna Off-Axis Gain, Angular Measurement Ranges, 
and Minimum Longitudinal Separation. The 17 GHz FSS NPRM proposed to 
amend Sec.  25.264(g) of our rules to apply 0.5 degrees as the minimum 
orbital longitude separation \11\ that transmitting FSS space stations 
must maintain relative to DBS space stations, and to amend Sec.  
25.264(a) to reflect the corresponding off-axis measurement angles, 
i.e., 10 degrees in the X-Z plane and 20 
degrees in planes rotated about the Z axis. The Commission proposed to 
retain the current requirements for orbital inclination and 
eccentricity and proposed to amend Sec.  25.264(h) to extend these 
values to FSS space stations. Further, the Commission tentatively 
concluded that this same change in the required minimum orbital 
separation value and corresponding antenna measurement angles could be 
extended to 17/24 GHz BSS space stations transmitting in the 17.3-17.8 
GHz band and proposed to similarly amend Sec.  25.264(a) and (g) with 
respect to 17/24 GHz BSS space stations.
---------------------------------------------------------------------------

    \11\ The angular separation, in conjunction with limits on 
certain orbital parameters of space stations in both the DBS and FSS 
services, bounds the range over which FSS applicants or licensees 
must provide off-axis angular gain and PFD data.
---------------------------------------------------------------------------

    The majority of commenters oppose our proposal to increase the 
minimum orbital separation distance between FSS and DBS space stations 
to 0.5 degrees. The Satellite Companies urge us to adopt the 0.2 degree 
minimum orbital separation requirement now applicable between 17/24 GHz 
BSS and DBS space stations, arguing that a reduction in the angular 
range over which measurements would be required does not justify 
blocking significant portions of the

[[Page 72394]]

orbital arc near DBS locations, thereby impeding efficient use of 
orbital resources. They argue further that while waivers of these 
measurement angles may have proven problematic in the past, there is no 
evidence that these difficulties persist today. The Satellite Companies 
further state that allowing simulated measurement data would serve to 
alleviate obstacles associated with providing data responsive to Sec.  
25.264. Hughes argues that the 0.5 degree separation is overly 
restrictive, placing too great a burden on an already crowded orbital 
arc. Rather, Hughes proposes that to ensure the most efficient use of 
the orbital arc we should adopt a minimum orbital separation of 0.2 
degrees between downlinking FSS space stations and the nearest DBS 
satellite. In contrast, AT&T supports our proposal to increase the 
minimum separation distance to 0.5 degrees. It notes that although our 
current rules permit separations as small as 0.2 degrees between 17/24 
GHz BSS and DBS spacecraft, that no operator has sought to provide 
service from such proximity. AT&T further argues that the marginal 
increase in orbital separation distance will both reduce that angular 
measurement range over which data is required but will also improve 
overall on-orbit mission safety, including space path interference 
risks.
    We will not adopt the proposal to require a minimum orbital 
separation of 0.5 degrees between downlinking FSS space stations and 
DBS satellites. The primary reason for the proposal of this value was 
to relieve FSS applicants from the angular range measurement 
requirements, which had proven problematic in the past for some 
applicants. In addition, the Commission believed it might enhance the 
acceptability of simulated data, thereby further relieving applicants 
from measured data requirements. The 0.2 degree value is the minimum 
longitudinal separation requirement currently applicable in our rules 
for 17/24 GHz BSS operators (who also downlink in the 17.3-17.7 GHz 
band) relative to DBS satellites. In adopting that requirement, the 
Commission determined that taking into account an east/west 
stationkeeping tolerance of 0.05 degrees, a minimum 0.2 degree spacing 
between the assigned locations of 17/24 GHz BSS and DBS space stations 
was required to maintain a longitudinal separation of 0.1 degrees 
between 17/24 GHz BSS and DBS space stations at all times. No space 
stations in the DBS and BSS services have been placed so near each 
other, and FSS operators, for whose benefit the Commission proposed the 
0.5 degree separation requirement in this proceeding, clearly prefer 
the flexibility associated with the narrower orbital spacing 
requirement of 0.2 degrees. Thus, we consider it to be sufficient to 
protect DBS receivers from space path interference when combined with 
the appropriate PFD coordination trigger, orbital constraints, and 
angular range measurement requirements for off-axis antenna gain. For 
this reason, we are not relaxing the angular measurement range over 
which FSS applicants are required to submit off-axis antenna gain data 
and associated PFD calculations. Rather, we extend the requirements 
contained in Sec.  25.264(a) for 17/24 GHz BSS operators to FSS 
applicants. Specifically, measurements must be made over a range of 
30[deg] from the X axis in the X-Z plane, and over a range 
of 60[deg] in planes rotated about the Z axis. All 
commenters addressing the angular measurement range issue supported our 
proposal to extend our current requirements for orbital inclination and 
eccentricity to FSS space stations. We amend Sec.  25.264(h) 
accordingly.
    Measurement Frequencies. Our current rules require 17/24 GHz BSS 
applicants to make off-axis angular measurements at a minimum of three 
measurement frequencies determined with respect to the entire portion 
of the 17.3-17.8 GHz band over which the space station is designed to 
transmit. In the 17 GHz FSS NPRM, the Commission sought comment on 
whether this requirement should be revised.
    Both the Satellite Companies and Hughes assert that, to simplify 
the information to be provided by both GSO FSS and 17/24 GHz BSS 
operators, we should update Sec.  25.264(a)(4) and (5) to require 
submission of gain data based only on a single mid-band frequency, 
because gain values do not vary materially across the 17.3-17.8 GHz 
band. No other commenters addressed this question. We agree that the 
antenna gain typically varies little across the 17.3-17.8 GHz band and 
that multiple measurement frequencies often result in large amounts of 
repetitive information. Accordingly, we amend Sec.  25.264(a)(4) to 
require that measurements for both FSS and 17/24 GHz BSS transmitting 
antennas be made only at a single frequency in the middle of the band 
in which the applicant proposes to operate. Recognizing however, that 
instances may arise when additional measurement data may be warranted 
(e.g., when the aggregate PFD is near the coordination trigger value), 
we will also include a requirement that applicants must be prepared to 
provide additional measurement information at 5 MHz above, and 5 MHz 
below the band edge, upon request.
    Measured vs. Simulated Off-Axis Antenna Gain Data. The 17 GHz FSS 
NPRM sought comment on whether the Commission should modify the two-
part submission process to also accept simulated data in lieu of 
measured data to allow operators to demonstrate compliance with the 
requirements of Sec.  25.264. Specifically, the Commission asked what 
requirements for simulated data would ensure accuracy of the required 
calculations. The 17 GHz FSS NPRM sought comment on specific software 
programs that should be required, input assumptions, conditions or 
other parameters that we should specify, or information that we should 
require applicants to include with their showing. The 17 GHz FSS NPRM 
also asked how the use of simulated data might affect the current two-
part information submission process. The Commission recognized that 
accepting simulated gain and PFD data could obviate a need to reduce 
the angular ranges over which such measurements are made, while also 
recognizing that adoption of an increased orbital separation between 
space-to-Earth transmitting FSS or BSS and DBS space stations could 
alleviate concerns associated with relying upon simulated off-axis gain 
data.
    Commenters offered differing opinions. Hughes encourages us to 
permit the use of simulated data, arguing that simulated antenna 
pattern data is routinely used in on-board satellite antenna design and 
testing. It explains that predicted patterns are compared with measured 
patterns in compact antenna test ranges with agreement well beyond 30 
dB sidelobes, and that simulated patterns are often preferred over 
measured data when the test range accuracy is in question as is often 
the case with high frequency and large antennas. The Satellite 
Companies similarly advocate for the use of simulated data, asserting 
that permitting its use will address prior difficulties in supplying 
the information mandated by this rule while still providing the 
Commission and interested parties with the information needed to assess 
compliance with relevant requirements.
    In contrast, AT&T encourages us to continue to require operators to 
submit actual, measured data and associated PFD calculations in 
satisfaction of Sec.  25.264, and to extend these requirements to any 
new GSO FSS service in the 17 GHz band. It argues that measured data is 
invaluable in guarding against inaccuracies resulting from errors in 
software simulations, and that relying only on simulations may

[[Page 72395]]

risk infidelities in the analysis or modelling to account for 
scattering effects or other interactions between the antenna and 
spacecraft structures. AT&T asserts that validation of first-stage 
results through submission of actual measured data will increase 
operator confidence in the predicted on-orbit performance. AT&T further 
argues that there is no evidence to support the GSO FSS operators' 
assertions that simulated data can provide ``the information needed to 
assess compliance with relevant requirements.''
    We modify our rules to require 17/24 GHz BSS and GSO FSS operators 
to submit measured off-axis antenna gain data as part of the 
information submission process, with certain exceptions allowing for 
simulated data. Specifically, we will permit the use of simulated data 
only in those instances where the 17/24 GHz BSS operator or GSO FSS 
operator's space station will be located at an orbital separation of at 
least one degree from a prior-filed or licensed U.S. DBS operator's 
space station. Apart from providing increased flexibility for all 
operators, a primary consideration in permitting GSO FSS use of the 
band is to ensure that incumbent systems are adequately protected from 
harmful interference. While permitting simulated data submission will 
certainly provide greater flexibility to 17/24 GHz BSS and GSO FSS 
applicants, the potential victim, (i.e., the DBS operator) is not fully 
confident in its reliability. We believe however, that at orbital 
separations greater than one degree from a DBS space station, the 
potential for space path interference is negligible because of the 
attenuation of potentially interfering off-axis emissions. Thus, over 
the remaining portions of the orbital arc, we will permit applicants 
the option to rely upon simulated off-axis antenna gain rather than 
measured data to satisfy the requirements of Sec.  25.264.
    In addition, we sought comment on the use of simulated data while 
simultaneously proposing to require a minimum orbital separation of 0.5 
degrees between DBS and transmitting GSO FSS space stations--a scenario 
in which the potential for space path interference would be greatly 
diminished. These rule changes were considered as a means to relieve 
applicants of some of the measurement requirements which in the past 
had proved difficult for 17/24 GHz operators. GSO FSS commenters, 
however, assert that there is no evidence that these difficulties exist 
today, and cite as an example the recently SES-17 application which 
included off-axis gain measurements made over the full required range. 
Accordingly, we believe that under this approach GSO FSS and 17/24 GHz 
BSS operators will be able to make the full range of necessary 
measurements when required by our rules but will have the added option 
to rely upon simulated data in some instances. Moreover, by first 
allowing use of simulated data in finite portions of the orbital arc, 
we may better assess and develop confidence in its reliability in a 
relatively low-risk scenario. We believe this approach represents the 
best compromise between our competing goals of providing operator 
flexibility and protecting incumbent services from harmful 
interference, and we amend Sec.  25.264(c) accordingly.
    Two-Part Data Submission Process. In the 17 GHz FSS NPRM, the 
Commission proposed to amend Sec.  25.264(a) through (e) of our rules 
to extend the two-part data submission process requirements \12\ to FSS 
applicants proposing space-to-Earth transmissions in the 17.3-17.8 GHz 
band. The Commission also sought comment on whether we should retain, 
update, or modify any part of the process for 17/24 GHz BSS applicants. 
Finally, to correct an existing uncertainty regarding the timing of the 
PFD information submission, the Commission proposed to replace the 
phrase ``within 60 days after completion of critical design review'' in 
Sec.  25.264(a)(6) and (b)(4) with a requirement to submit information 
``within two years after license grant'' in these rule sections.
---------------------------------------------------------------------------

    \12\ The two-part submission process for antenna off-axis gain 
data and associated PFD calculations demonstrates conformance with 
the off-axis PFD coordination trigger. Under this approach at an 
early stage in the process, operators submit predicted antenna off-
axis gain data and associated PFD calculations at any identified 
victim (DBS) space station receiver. No later than two months prior 
to launch this predicted data is confirmed by submission of measured 
data and associated PFD calculations.
---------------------------------------------------------------------------

    Commenters generally support the proposal to extend the two-part 
data submission process to FSS systems in the 17.3-17.8 GHz band and 
agree that redefining the deadline for first-phase (predicted) 
information to be provided ``within two years after license grant'' 
instead of linking it to the critical design review is appropriate. 
AT&T also supports extending the two-part data submission process to 
GSO FSS applicants but recommends that the deadline for the second 
(measured) data submission be moved forward from the current two months 
prior to launch, to six months prior to launch. It argues that this 
extension would afford DBS operators sufficient time to review the 
information and seek remediation when necessary without disrupting 
critical launch schedules.
    We modify Sec.  25.264(a) through (e) to extend the two-part data 
submission process to GSO FSS applicants in the 17.3-17.8 GHz band. As 
part of this modification, we replace the phrase ``within 60 days after 
completion of critical design review in Sec.  25.264(a)(6) and (b)(4) 
with a phrase requiring submission of predicted data ``within two years 
after license grant.'' We are not adopting AT&T's recommendation that 
we move the deadline for submission for the second phase information 
from two to six months prior to launch because, based on our 
experience, we are not convinced that a full six months is required to 
evaluate the data presented at this stage. Moreover, operators who are 
concerned about delays to their launch schedules may always submit the 
measured data in advance of the two-month deadline. The two-month 
deadline was adopted by amending Sec.  25.264(c) and (d) in the Part 25 
Second Report and Order (R&O) (81 FR 55316 (Aug. 18, 2016)), moving it 
closer to the launch date to allow licensees to measure an antenna's 
off-axis gain after it has been integrated with the satellite bus. 
There is no supporting evidence in the record that this previously 
adopted timeline is no longer appropriate. Accordingly, we decline to 
modify the existing timeline and find that keeping the two-month prior 
to launch deadline for the second phase information submission would 
continue to serve the public interest.
3. Measures To Mitigate Ground Path Interference and Earth Station 
Operations
    To protect 17.3-17.8 GHz band receiving FSS earth stations from 
ground path interference arising from the Earth-to-space transmissions 
from nearby co-frequency DBS feeder link earth stations, the Commission 
proposed in the 17 GHz FSS NPRM to apply generally to receiving FSS 
earth stations the same coordination approach the Commission uses to 
facilitate operations between DBS and 17/24 GHz BSS earth stations. 
Specifically, the Commission proposed to amend Sec.  25.203 of our 
rules to apply the coordination approach contained in paragraph (m) to 
FSS earth stations in the entire 17.3-17.8 GHz band, although in the 
17.7-17.8 GHz band such earth stations would not be entitled to 
protection from fixed service stations. The Commission sought comment 
on modifications to the parameters used with the ITU Radio Regulations 
Appendix 7 coordination methodology

[[Page 72396]]

to account for differences between the receiving antennas employed in 
the two services.
    Commenters supported our proposal to apply generally the same 
coordination approach contained in Sec.  25.203(m) of our rules, and 
used to facilitate operations between DBS and 17/24 GHz BSS earth 
stations, to coordination with receiving FSS earth stations. 
Accordingly, we modify this rule section to extend this approach to FSS 
earth station coordination, as discussed further below.
    Upgrades and Modifications to Grandfathered DBS Facilities. The 
Commission proposed in the 17 GHz FSS NPRM proposed to retain the 
grandfathered status for existing DBS feeder link earth stations 
relative to FSS receiving earth stations, and to apply relative to the 
FSS the same criteria for permitting DBS operators to modify or add 
antennas to their existing networks that apply with respect to 17/24 
GHz BSS. Commenters who addressed this issue all agreed with the 
proposed approach, although Hughes stresses that grandfathered status 
should apply only to existing and specific modifications to DBS earth 
stations. Hughes' comments are consistent with the Commission's 
proposal. Based on the record we adopt the Commission's proposal and 
retain the grandfathered status for existing DBS feeder link earth 
stations relative to FSS receiving earth stations, and apply relative 
to the FSS the same criteria for permitting DBS operators to modify or 
add antennas to their existing networks.
    Coordination between DBS and FSS Receiving Earth Stations. The 
Commission's rules include a coordination methodology to permit 
licensing of new DBS feeder link earth stations in the 17.3-17.8 GHz 
band while protecting co-frequency receiving 17/24 GHz BSS earth 
stations in the 17.3-17.7 GHz band. This rule requires a DBS operator 
with a new or modified earth station to complete frequency coordination 
with existing and planned 17/24 GHz BSS receive earth stations within 
an established coordination zone around its proposed site using the 
methodology outlined in Appendix 7 of the ITU Radio Regulations. 
Recognizing that the specific parameter values to be used in 
determining this coordination zone were based upon some characteristics 
specific to BSS receiving earth stations, the Commission proposed in 
the 17 GHz FSS NPRM to modify Sec.  25.203(m)(1) to include new values 
for use in determining the coordination zone for DBS feeder link earth 
stations relative to FSS earth stations. The Commission sought comment 
on this decision and, in particular, on what these values should be.
    Commenters generally agree that the existing coordination 
methodology specified in Sec.  25.203(m)(1) of our rules to facilitate 
coordination between DBS feeder uplink stations and 17/24 GHz BSS earth 
stations should be extended to FSS earth stations. FSS satellite 
operators also agree that some parameters in the table in this section 
need to be modified for use in calculating the coordination zone for 
use with FSS earth stations, as the current parameters are specific to 
17/24 GHz BSS receiving earth stations. To update Sec.  25.203(m)(1), 
satellite operators also provide proposed FSS-specific parameters, 
which they state were calculated using ITU reference documents, 
although they are not specific as to which documents or methodology 
were used to derive these parameters.
    In contrast, AT&T advocates that ``to reduce the burden on 
incumbents'' Sec.  25.203(m) should be modified using the same 
parameters applicable to coordination with 17/24 GHz earth stations.
    We adopt the proposal to extend the ITU Radio Regulations Appendix 
7 coordination methodology currently in our rules to FSS earth 
stations, but with amended parameters. We do not agree with AT&T's 
assertion that performing this calculation with different parameters 
will be significantly burdensome to DBS operators. As noted in the 17 
GHz FSS NPRM, the current parameters used in the coordination zone 
calculation were derived specifically with BSS receiving earth stations 
in mind and are not appropriate for coordination with FSS earth 
stations because of differences between FSS and BSS receiving earth 
stations, including in the abilities of the respective earth station 
antennas to reject unwanted or interfering signals. In fact, some 
parameters applicable to BSS receiving earth stations in the existing 
table have no function in calculations involving FSS receiving earth 
stations. AT&T's objection may rest with the need to make a different 
calculation depending upon the type of earth station with which 
coordination may be required, rather than with the actual proposed FSS-
specific parameters themselves. We determine, however, that in order to 
yield an effective coordination outcome, to facilitate the most 
efficient and effective use of the spectrum, the receiving earth 
station interference parameters used in the underlying calculations 
must also be specific to FSS. Accordingly, we adopt the modified 
parameters specified above, filed in the record as FSS-specific 
parameters.
    Section 25.203(m)(2) identifies specific information that DBS 
applicants proposing new feeder link earth station must provide to a 
third-party coordinator prior to licensing to resolve any potential 
interference issues with affected receiving earth stations. The 
Commission proposed in the 17 GHz FSS NPRM to apply this rule to 
coordination with FSS earth stations with no additional changes to the 
requested information. Commenters addressing this issue all support 
this approach, and we extend these information requirements to 
coordination with FSS receiving earth stations without changes.
    Because receive-only earth stations are not required to apply for 
licenses nor to be registered with the Commission, the 17 GHz FSS NPRM 
sought comment on how to facilitate coordination with DBS operators and 
to ensure protection from DBS feeder link earth station ground path 
interference. The Commission proposed that interference protection be 
afforded to individual FSS receiving earth stations from DBS feeder 
link transmissions only if they have been licensed with the Commission, 
and to amend Sec.  25.203(m)(3) of our rules to reflect this 
requirement. We further proposed, however, to allow blanket-licensed 
FSS earth stations on an unprotected basis in the 17.3-17.8 GHz band 
and proposed to amend Sec.  25.115(e) to reflect this.
    Commenters expressed differing opinions regarding the types of FSS 
earth stations that should be permitted to operate in the band, and the 
extent of protection that they should be afforded. Viasat urges the 
Commission to protect blanket-licensed earth stations in the band 
consistent with Sec.  25.209(c), arguing that there is no reason to 
treat individually or blanket-licensed earth stations differently. 
Viasat argues that protecting such earth stations would pose no threat 
to incumbent services, would ``facilitate the ability of operators to 
utilize the 17.3-17.8 GHz band to support user terminals,'' and would 
encourage intensive use of the band. The Satellite Companies support 
our proposal to afford interference protection only to licensed FSS 
receiving earth stations, asserting that this approach will ensure that 
DBS feeder link operators have access to the information regarding the 
FSS earth station sites that require protection.
    We adopt the proposals to extend interference protection only to 
individually-licensed FSS receiving earth stations in the 17.3-17.8 GHz 
band. We disagree with Viasat's

[[Page 72397]]

assertion that we should extend interference protection to blanket-
licensed earth stations. By definition, a blanket earth station license 
can encompass multiple stations that may be operated anywhere within a 
geographic area, and as such are not amenable to the reverse-band 
coordination process outlined in Sec.  25.203(m) of our rules. While we 
agree with Viasat that blanket-licensed receive-only earth stations may 
pose no interference threat to incumbent operators, the lack of precise 
location coordinates precludes the ability to protect them from ground 
path interference from DBS feeder link earth stations through the 
coordination process. Although we are limiting interference protection 
to individually licensed earth stations, consistent with our approach 
in other frequency bands we will not further restrict such licenses by 
function (e.g., gateways or feeder links).
    Blanket-Licensed Earth Stations and Earth Stations in Motion 
(ESIMs). As mentioned above, the Commission also proposed to amend 
Sec.  25.115(e) of the rules to facilitate blanket-licensed FSS earth 
stations other than ESIMs to operate on an unprotected basis in the 
17.3-17.8 GHz band. In addition, the Commission sought comment on 
whether operation of ESIMs in the 17.3-17.8 GHz band could increase FSS 
operators' flexibility to use the band more efficiently and what 
modifications to our rules might be required to permit operation of 
ESIMs while protecting incumbent services.
    Commenters expressed differing opinions on these issues. AT&T 
believes that FSS downlink operations should be limited to 
individually-licensed, gateway-type earth stations, whose precise 
locations are known and whose typically large-diameter antennas 
facilitate coordination. AT&T does not support allowing blanket-
licensed earth stations prior to the completion of ITU WRC-23 studies. 
AT&T argues that permitting a service that could receive interference 
on a regular basis could result in substandard service, contrary to the 
public interest. CTIA focuses its objections on the 17.7-17.8 GHz band, 
where it opposes allowing FSS receiving earth stations generally, and 
more specifically opposes blanket-licensed earth stations, arguing that 
it would unnecessarily hamper future increased terrestrial use. 
Specifically, CTIA asserts that it is difficult to get accurate 
information on the location of blanket-licensed earth stations, which 
could make reallocation of spectrum difficult in the future. CTIA also 
argues that, should the Commission wish to make the 17 GHz band 
available for increased terrestrial use in the future, giving priority 
to the fixed service via footnote would not address any future mobile 
service operations.
    In contrast, the Satellite Companies support our proposal to allow 
blanket-licensed earth stations to operate on an unprotected basis in 
the band, and refer to other commenter's objections as ``baseless'' 
because any interference would affect only FSS providers. The Satellite 
Companies refute CTIA's argument that the Commission should restrict 
use of the 17.7-17.8 GHz band segment today in case there is a future 
desire to introduce terrestrial mobile service in the band, claiming it 
directly conflicts with the Commission's commitments to meeting demand 
for additional satellite spectrum and promoting efficient use of the 17 
GHz band. Hughes supports permitting GSO FSS downlink operations to 
earth stations, including blanket-licensed earth stations and ESIMs, 
provided they do not cause interference to incumbent services. Viasat 
claims that CTIA's objections are based upon ill-defined concerns that 
future mobile operations would be impeded, noting that no part of the 
17.3-17.8 GHz band is allocated to the mobile service in the United 
States, nor has the Commission proposed such an allocation.
    Commenters also express very differing opinions on operations of 
ESIMs in the 17.3-17.8 GHz band. AT&T and CTIA oppose permitting ESIMs 
in the band, consistent with their rationale for opposing blanket 
licensed earth stations more generally. CTIA further argues that ESIM 
operation presents a coexistence challenge different from fixed FSS 
earth stations, and that such operations would be incompatible with any 
future mobile operations in the 17.7-17.8 GHz band. It claims that 
comprehensive studies are needed to evaluate if spectrum could be 
shared without risking harmful interference to incumbent services, and 
it urges the Commission to prohibit ESIM operations in the band, both 
to protect critical incumbent uses and to preserve flexibility in the 
band for any future increased terrestrial use.
    Hughes, The Satellite Companies, and Viasat all urge the Commission 
to permit ESIMs operations in the 17.3-17.8 GHz band. The Satellite 
Companies claim that there is no reason to limit FSS operators' 
flexibility, given that ESIMs pose no interference risk to incumbent 
services and place no constraints upon such services if they are not 
entitled to protection. Viasat similarly argues that permitting ESIM 
operations would pose no interference threat to incumbent services and 
would allow the band to be used more productively in the public 
interest. Hughes claims that ESIM receiving earth stations can be 
accommodated in the 17.3-17.8 GHz band without interference protections 
and argues that there is no need to limit FSS network flexibility in 
determining how to operate in the 17 GHz band, particularly as DBS site 
locations are well known and receiving ESIM stations pose no 
interference threat themselves to other users. Viasat rejects CTIA's 
assertion that ESIMs present a different coexistence challenge from 
other FSS receiving earth stations, or that they would further 
complicate an already complex sharing situation, as AT&T has argued. 
Viasat further argues that sharing studies are not needed as a 
prerequisite to allowing receiving ESIM operations. As with blanket-
licensed earth stations generally, Viasat urges the Commission to 
extend full interference protection to ESIM earth stations.
    We will adopt the proposals to facilitate authorization of blanket-
licensed earth stations and ESIMs to operate in the 17.3-17.8 GHz band 
on an unprotected basis. As stated above, such (receiving) stations 
pose no interference threat to other services, nor will they place any 
undue coordination burden on incumbent operators if operating on an 
unprotected basis. AT&T states that a ``service that could potentially 
be interfered into on a regular basis, resulting in a substandard 
service, would be contrary to the public interest.'' Given the well-
established locations of DBS feeder uplink and the ability to design 
satellite networks to avoid interfering signals and switch operations 
to other available frequencies, we believe that FSS earth station 
operators can avoid subjecting their operations to regular unwanted 
interference. Thus, we see no justification to prohibit blanket-
licensed earth stations or ESIMs and limit FSS operators' flexibility 
in designing their networks, or a need to delay our decision as AT&T 
and CTIA suggest. We find that it would serve the public interest to 
allow blanket-licensed earth stations and ESIMs in the band, subject to 
conditions discussed herein, including that operations are on an 
unprotected basis, to increase FSS operators' flexibility to use the 
band more efficiently for provisioning of advanced satellite services 
for the benefit of American consumers.
    We reject CTIA's concerns about future terrestrial use as 
speculative. There is no allocation of any part of the 17.3-17.8 GHz 
band to the mobile service in the United States, nor is there

[[Page 72398]]

currently any plan, a proceeding or proposal before us to make such an 
allocation. Based on the record, allowing blanket-licensed earth 
stations or ESIMs in the band would be consistent with sound spectrum 
policy principles increasing efficient and effective use of the 
spectrum without causing harmful interreference to incumbent users 
today. With respect to any potential for harmful interference from FSS 
(space-to-Earth) operations to fixed service operations, we find that 
the risk is minimal, and the technical standards adopted herein to 
prevent harmful interference to other services, including the fixed 
service, are sufficient to protect those services irrespective of 
whether or not we permit blanket-licensed earth stations or ESIMs in 
the band. Accordingly, we modify our rules to facilitate authorization 
of blanket-licensed receiving earth stations as well as FSS ESIMs in 
the 17.3-17.8 GHz band on an unprotected basis. There is nothing in the 
record to demonstrate that receiving ESIM earth stations could pose 
interference threat to incumbent users in the band. Accordingly, we do 
not believe that completion of ITU sharing and feasibility studies for 
receiving ESIMs are needed before we allow receiving ESIMs in the band 
on an unprotected basis, as AT&T appears to suggest. Moreover, because 
ESIMs will not be afforded interference protection, they should not 
increase the coordination burden on incumbent users in the band either. 
As with other types of blanket-licensed earth stations however, ESIMs 
operations will only be allowed on an unprotected basis with respect to 
DBS feeder link operations as well as terrestrial operations in the 
17.7-17.8 GHz band. Accordingly, we amend Sec.  25.202 and footnote 
NG527A to streamline authorization of receiving ESIM earth stations on 
an unprotected basis in the 17.3-17.8 GHz band.
4. Other Proposed Rule Changes
    The Commission proposed various conforming modifications to our 
rules that are required as a result of the changes proposed above. 
Specifically, the Commission proposed to modify the definition of a 
two-degree compliant space station in Sec.  25.103 to include FSS 
satellites transmitting in the 17.3-17.8 GHz band. In addition, the 
Commission proposed to modify Sec.  25.114 to identify 17.3-17.8 GHz 
space-to-Earth FSS applicants alongside information requirements 
applicable to such applications, specifically in Sec.  25.114(d)(7), 
(15), and (18). Similarly, the 17 GHz FSS NPRM proposed to modify Sec.  
25.115(e) to identify the information required for receiving earth 
station applicants in this band. Finally, the Commission proposed to 
modify Sec.  25.117(d)(2)(v) to permit 17.3-17.8 GHz FSS operators to 
modify certain restrictions that might be associated with their 
licenses according to the same procedures afforded to 17/24 GHz BSS 
operators. No commenters opposed these proposed conforming 
modifications, and we adopt them.
    Radio Astronomy. The Commission sought comment on whether there was 
a need for any additional measures that the Commission should consider 
with respect to radio astronomy in the adjacent 17.2-17.3 GHz band. No 
commenter proposed any new rule or changes to our existing rules. The 
Satellite Companies stated that no new rules were necessary, noting 
that there were no concerns regarding adverse effects to radio 
astronomy from the 17/24 GHz downlink transmissions already using the 
band which are functionally equivalent to FSS downlinks. Accordingly, 
we find that no rule change is necessary with respect to Radio 
Astronomy.

C. Defining the Extended Ka-Band and Creating Rules for Routine License 
Application Processing in This Band

    In the 17 GHz FSS NPRM, the Commission proposed adding a definition 
for the extended Ka-band in section 25.103. Specifically, the 17 GHz 
FSS NPRM proposed to define the extended Ka-band as 17.3-18.3 GHz 
(space-to-Earth), 18.8-19.4 GHz (space-to-Earth), 19.6-19.7 GHz (space-
to-Earth), 27.5-28.35 GHz (Earth-to-space) and 28.6-29.1 GHz, (Earth-
to-space). The Commission also proposed two approaches to facilitate 
routine licensing of extended Ka-band earth stations communicating with 
GSO FSS space stations to streamline and harmonize extended Ka-band 
earth station licensing with licensing in other FSS bands. The first 
proposal was to extend the routine license off-axis EIRP density limits 
for conventional Ka-band earth stations contained in Sec.  25.218(i) to 
extended Ka-band earth stations. The second proposal was to extend an 
alternative approach to routine licensing now contained in Sec.  
25.212(e) to extended Ka-band earth stations. To implement this 
alternative approach the 17 GHz FSS NPRM proposed modifying Sec.  
25.212(e) and (h) to permit such applicants to similarly demonstrate 
compliance with the off-axis gain requirements in Sec.  25.209(a) and 
(b) combined with an input power density limit of 3.5 dBW/MHz. In the 
17 GHz FSS NPRM, the Commission also proposed modifications to Sec.  
25.209(a) and (b) to extend the Ka-band off-axis antenna gain 
requirements across the full 27.5-30 GHz band, and to reference these 
alternative routine license application processing requirements in 
Sec. Sec.  25.115(g) and (k) and 25.220(a).
    Most commenters supported these proposals, arguing that they would 
facilitate streamlined licensing of extended Ka-band FSS earth 
stations. We add a definition of extended Ka-band and adopt the rule 
changes proposed in the 17 GHz FSS NPRM to facilitate streamlined earth 
station licensing in the extended Ka-band similar to licensing in other 
FSS bands. CTIA argues, however, that the proposed rules lack clarity, 
and because the Commission has not adequately considered the downstream 
consequences or explained any impact on affected stakeholders, we 
should provide further explanation and opportunity for comment before 
adopting them. CTIA questions in particular what filing requirements in 
lieu of Sec.  25.220 would apply, or whether these earth stations might 
be newly eligible for autogrant under Sec.  25.115(a)(3).
    We note that the uplink power levels in question are defined at the 
geostationary orbit and are intended to obviate the need for 
coordination between co-frequency GSO FSS space station operations in a 
two-degree spacing environment. Lacking any extended Ka-band uplink 
off-axis power limits in our current rules with which to demonstrate 
conformance--and which our rules currently define for GSO earth station 
applicants in most other FSS bands--extended Ka-band earth station 
applicants have no choice but to make the more burdensome off-axis EIRP 
density showings relative to the geostationary arc, as defined in Sec.  
25.115(g)(1).
    Under our current rules, extended Ka-band transmitting earth 
station applications in bands shared with terrestrial services (i.e., 
27.5-28.35 GHz) must be filed on FCC Form 312, Main Form, and Schedule 
B. Filing requirements include any relevant information required by 
paragraphs (a)(5) through (10) or paragraph (g) or (j) of Sec.  25.115. 
Although we are not changing this, we adopt the Commission's proposals 
in the 17 GHz NPRM to allow conforming extended Ka-band applicants to 
file in accordance with the requirements of Sec.  25.115(g)(1), instead 
of paragraph (g)(2). CTIA erroneously suggests that extended Ka-band 
earth station applicants should comply with the requirements of Sec.  
25.220. This rule currently applies to the conventional Ka-band, but 
not the

[[Page 72399]]

extended Ka-band. We also adopt the proposals in the 17 GHz FSS NPRM, 
to apply the process in Sec.  25.220 if extended Ka-band applicants do 
not conform to the uplink off-axis power limits adopted herein. With 
regard to an autogrant procedure in Sec.  25.115(a)(3), to be eligible, 
earth stations must meet the criteria specified in Sec.  25.115(a)(2), 
which among other things list specific qualifying frequency bands. The 
extended Ka-band frequency ranges are not included in this list, nor 
has the Commission proposed any modification to add them. Accordingly, 
extended Ka-band applicants are not eligible for that procedure.
    We believe that CTIA's concerns may stem from an erroneous 
assumption that the uplink power limits adopted herein and the 
associated routine processing would somehow permit FSS earth station 
applicants in the extended Ka-bands to bypass other existing Commission 
rules. In particular, in the 27.5-28.35 GHz extended Ka-band segment, 
transmitting FSS earth stations will be sharing the band with Upper 
Microwave Flexible Use Service (UMFUS) stations, and the requirements 
of Sec.  25.136(a) for FSS earth stations seeking to operate in this 
band include a requirement to coordinate, when warranted, in accordance 
with the procedures of Sec. Sec.  25.136(a) and 101.103(d).\13\ We make 
clear that as defined in our rules, routine licensing requires 
qualifying applications to be consistent with all Commission rules, and 
will continue to include all requirements contained in Sec.  25.136(a) 
for earth station applicants in the 27.5-28.35 GHz band. Accordingly, 
we can envision no adverse effect on terrestrial Ka-band stakeholders 
with these rule changes. These rule changes will streamline and 
harmonize extended Ka-band earth station licensing with licensing in 
other FSS bands. Accordingly, we find that it would serve the public 
interest to adopt the conforming and streamlining changes proposed in 
the 17 GHz FSS NPRM.
---------------------------------------------------------------------------

    \13\ This latter section requires that coordination 
notifications include relevant technical details of the proposal. At 
minimum, this should include, as applicable, the following: 
Applicant's name and address; Transmitting station name; 
Transmitting station coordinates; Frequencies and polarizations to 
be added, changed or deleted; Transmitting equipment type, its 
stability, actual output power, emission designator, and type of 
modulation(s) (loading); An indication if modulations lower than the 
values listed in the table to Sec.  101.141(a)(3) of the 
Commission's rules will be used; Transmitting antenna type(s), 
model, gain and, if required, a radiation pattern provided or 
certified by the manufacturer; Transmitting antenna center line 
height(s) above ground level and ground elevation above mean sea 
level; Receiving station name; Receiving station coordinates; 
Receiving antenna type(s), model, gain, and, if required, a 
radiation pattern provided or certified by the manufacturer; 
Receiving antenna center line height(s) above ground level and 
ground elevation above mean sea level; Path azimuth and distance; 
Estimated transmitter transmission line loss expressed in dB; 
Estimated receiver transmission line loss expressed in dB.
---------------------------------------------------------------------------

Procedural Matters

Final Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act of 1980, as amended 
(RFA),\14\ an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in Amendment of Parts 2 and 25 of the Commission's Rules 
to Enable GSO Fixed-Satellite Service (Space-to-Earth) Operations in 
the 17.3-17.8 GHz Band, to Modernize Certain Rules Applicable to 17/24 
GHz BSS Space Stations, and to Establish Off-Axis Uplink Power Limits 
for Extended Ka-Band FSS Operations, Notice of Proposed Rulemaking (86 
FR 7660 (Feb. 1, 2021)). The Commission sought written public comment 
on the proposals in the NPRM, including comment on the IRFA. No 
comments were received on the IRFA. This present Final Regulatory 
Flexibility Analysis (FRFA) conforms to the RFA.\15\
---------------------------------------------------------------------------

    \14\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-12, has been 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996, Public Law 104-121, Title II, 110 Stat. 857 (1996).
    \15\ See 5 U.S.C. 604.
---------------------------------------------------------------------------

A. Need for, and Objectives of, the Final Rule

    This final rule creates a new allocation for the fixed-satellite 
service (FSS) (space-to-Earth) in the 17.3-17.8 GHz frequency band, 
adopts technical rules for the use of this band by GSO FSS satellites 
and for sharing the band between satellites of different satellite 
services and stations in the terrestrial fixed service, and defines the 
``extended Ka-band'' and adopts rules to harmonize extended Ka-band 
licensing with licensing in other FSS bands.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    There were no comments filed that specifically addressed the rules 
and policies proposed in the IRFA.

C. Response to Comments by the Chief Counsel for Advocacy of the Small 
Business Administration

    Pursuant to the Small Business Jobs Act of 2010, which amended the 
RFA, the Commission is required to respond to any comments filed by the 
Chief Counsel for Advocacy of the Small Business Administration (SBA), 
and to provide a detailed statement of any change made to the proposed 
rules as a result of those comments.\16\ The Chief Counsel did not file 
any comments in response to the proposed rules in this proceeding.
---------------------------------------------------------------------------

    \16\ 5 U.S.C. 604(a)(3).
---------------------------------------------------------------------------

D. Description and Estimate of the Number of Small Entities to Which 
Rules Will 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 the rules adopted herein.\17\ The RFA generally defines the 
term ``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' \18\ In addition, the term ``small business'' has the 
same meaning as the term ``small business concern'' under the Small 
Business Act.\19\ 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).\20\ Below, we describe and 
estimate the number of small entities that may be affected by adoption 
of the final rules.
---------------------------------------------------------------------------

    \17\ Id.
    \18\ 5 U.S.C. 601(6).
    \19\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small-business concern'' in the Small Business Act, 15 U.S.C. 
632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a 
small business applies ``unless an agency, after consultation with 
the Office of Advocacy of the Small Business Administration and 
after opportunity for public comment, establishes one or more 
definitions of such term which are appropriate to the activities of 
the agency and publishes such definition(s) in the Federal 
Register.''
    \20\ 15 U.S.C. 632.
---------------------------------------------------------------------------

    Satellite Telecommunications. This industry 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.'' \21\ Satellite 
telecommunications service providers include satellite and earth 
station operators. The SBA small business size standard for this 
industry classifies a business with $35 million or less in annual 
receipts as small.\22\ U.S. Census Bureau data for 2017 show that 275 
firms in this industry operated for the entire year.\23\ Of this 
number, 242 firms

[[Page 72400]]

had revenue of less than $25 million.\24\ Additionally, based on 
Commission data in the 2021 Universal Service Monitoring Report, as of 
December 31, 2020, there were 71 providers that reported they were 
engaged in the provision of satellite telecommunications services.\25\ 
Of these providers, the Commission estimates that approximately 48 
providers have 1,500 or fewer employees.\26\ Consequently using the 
SBA's small business size standard, a little more than half of these 
providers can be considered small entities.
---------------------------------------------------------------------------

    \21\ See U.S. Census Bureau, 2017 NAICS Definition, ``517410 
Satellite Telecommunications,'' https://www.census.gov/naics/?input=517410&year=2017&details=517410.
    \22\ See 13 CFR 121.201, NAICS Code 517410.
    \23\ See U.S. Census Bureau, 2017 Economic Census of the United 
States, Selected Sectors: Sales, Value of Shipments, or Revenue Size 
of Firms for the U.S.: 2017, Table ID: EC1700SIZEREVFIRM, NAICS Code 
517410, https://data.census.gov/cedsci/table?y=2017&n=517410&tid=ECNSIZE2017.EC1700SIZEREVFIRM&hidePreview=false.
    \24\ Id. The available U.S. Census Bureau data does not provide 
a more precise estimate of the number of firms that meet the SBA 
size standard. We also note that according to the U.S. Census Bureau 
glossary, the terms receipts and revenues are used interchangeably, 
see https://www.census.gov/glossary/#term_ReceiptsRevenueServices.
    \25\ Federal-State Joint Board on Universal Service, Universal 
Service Monitoring Report at 26, Table 1.12 (2021), https://docs.fcc.gov/pubId.lic/attachments/DOC-379181A1.pdf.
    \26\ Id.
---------------------------------------------------------------------------

    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.\27\ 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.\28\ Establishments providing internet services or voice over 
internet protocol (VoIP) services via client-supplied 
telecommunications connections are also included in this industry.\29\ 
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.\30\ For this category, U.S. Census 
Bureau data for 2012 show that there were 1,442 firms that operated for 
the entire year.\31\ 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.\32\ Thus, the Commission estimates that the 
majority of ``All Other Telecommunications'' firms potentially affected 
by our action can be considered small.
---------------------------------------------------------------------------

    \27\ See U.S. Census Bureau, 2017 NAICS Definition, ``517919 All 
Other Telecommunications'', https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=517919&search=2017+NAICS+Search&search=2017.
    \28\ Id.
    \29\ Id.
    \30\ See 13 CFR 121.201, NAICS Code 517919.
    \31\ See U.S. Census Bureau, 2012 Economic Census of the United 
States, Table ID: EC1251SSSZ4, Information: Subject Series--Estab 
and Firm Size: Receipts Size of Firms for the U.S.: 2012, NAICS Code 
517919, https://data.census.gov/cedsci/table?text=EC1251SSSZ4&n=517919&tid=ECNSIZE2012.EC1251SSSZ4&hidePreview=false.
    \32\ Id. The available U.S. Census Bureau data does not provide 
a more precise estimate of the number of firms that meet the SBA 
size standard of annual receipts of $35 million or less.
---------------------------------------------------------------------------

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

    This final rule adopts several rule changes that would affect 
compliance requirements for space station and earth station operators. 
For example, this final rule adopts rules for operations by space 
station FSS operators in the 17.3-17.8 GHz band, including revisions to 
some existing technical requirements that would now apply to these FSS 
operations. This final rule also adopts changes that would affect earth 
station operator licensing. The Commission adopts changes to harmonize 
extended Ka-band earth station licensing with licensing in other FSS 
bands. In total, the actions in this final rule 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.

F. Steps Taken To Minimize the Significant Economic Impact on Small 
Entities and Significant Alternatives Considered

    The RFA requires an agency to describe any significant alternatives 
that it has considered in developing its 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 rule 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.\33\
---------------------------------------------------------------------------

    \33\ 5 U.S.C. 603(c)(1)-(4).
---------------------------------------------------------------------------

    In this final rule, the Commission considered whether and how to 
apply various technical rules to enable GSO FSS operations to share the 
17.3-17.8 GHz band with other services in an efficient and effective 
manner. This include consideration, for example, of power levels, 
orbital spacing, and other technical considerations, and what 
information the Commission may need to assess compliance with technical 
requirements, taking into consideration potential impact on the 
applicant or operator. As one example, the Commission declines to 
require submission of certain measured data six months before satellite 
launch, instead requiring the data submission only two months prior to 
launch. As another example, the Commission considered whether to 
streamline certain earth station application rules to enable more 
routine processing of applications for the extended Ka-band. Overall, 
the actions in this document will reduce burdens on the affected 
licensees, including small entities.

G. Report to Congress

    The Commission will send a copy of the Report and Order, including 
the FRFA, in a report to be sent to Congress pursuant to the 
Congressional Review Act.\34\ In addition, the Commission will send a 
copy of the Report and Order, including the FRFA, to the Chief Counsel 
for Advocacy of the SBA. A copy of the Report and Order and FRFA (or 
summaries thereof) will also be published in the Federal Register.\35\
---------------------------------------------------------------------------

    \34\ 5 U.S.C. 801(a)(1)(A).
    \35\ See 5 U.S.C. 604(b).
---------------------------------------------------------------------------

Ordering Clauses

    Accordingly, It is 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), 
the Report and Order is hereby adopted.
    It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center will send a 
copy of the Report and Order, 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.

List of Subjects

47 CFR Part 2

    Radio, Table of Frequency Allocations.

47 CFR Part 25

    Administrative practice and procedure, Earth stations, Satellites.


[[Page 72401]]


Federal Communications Commission.
Marlene Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 2 and 25 as follows:

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

0
1. The authority citation for part 2 continues to read as follows:

    Authority:  47 U.S.C. 154, 302a, 303, and 336, unless otherwise 
noted.


0
2. Section 2.106, the Table of Frequency Allocations, is amended as 
follows:
0
a. Revise page 52;
0
b. In the list of United States (US) Footnotes, remove footnote US271 
and revise footnote US402; and
0
c. In the list of Non-Federal Government (NG) Footnotes, add footnote 
NG58, remove footnote NG163, and revise footnote NG527A.
    The additions and revisions read as follows:


Sec.  2.106   Table of Frequency Allocations.

* * * * *
BILLING CODE 6712-01-P

[[Page 72402]]

[GRAPHIC] [TIFF OMITTED] TR25NO22.050


[[Page 72403]]


BILLING CODE 6712-01-C
* * * * *

United States (US) Footnotes

* * * * *
    US402 In the band 17.3-17.7 GHz, existing Federal satellites and 
associated earth stations in the fixed-satellite service (Earth-to-
space) are authorized to operate on a primary basis in the frequency 
bands and areas listed below. Non-Federal receiving earth stations in 
the broadcasting-satellite and fixed-satellite services within the 
bands and areas listed below shall not claim protection from Federal 
earth stations in the fixed-satellite service.
    (a) 17.600-17.700 GHz for stations within a 120 km radius of 
38[deg]49' N latitude and 76[deg]52' W longitude.
    (b) 17.375-17.475 GHz for stations within a 160 km radius of 
39[deg]42' N latitude and 104[deg]45' W longitude.
* * * * *

Non-Federal Government (NG) Footnotes

* * * * *
    NG58 In the band 17.3-17.8 GHz, the following provisions shall 
apply to the broadcasting-satellite, fixed, and fixed-satellite 
services:
    (a) The use of the band 17.3-17.8 GHz by the broadcasting-satellite 
and fixed-satellite (space-to-Earth) services is limited to 
geostationary satellites.
    (b) The use of the band 17.3-17.8 GHz by the fixed-satellite 
service (Earth-to-space) is limited to feeder links for broadcasting-
satellite service.
    (c) The use of the band 17.7-17.8 GHz by the broadcasting-satellite 
service is limited to receiving earth stations located outside of the 
United States and its insular areas.
    (d) In the band 17.7-17.8 GHz, earth stations in the fixed-
satellite service may be authorized for the reception of FSS emissions 
from geostationary satellites, subject to the condition that these 
earth stations shall not claim protection from transmissions of non-
Federal stations in the fixed service that operate in that band.
* * * * *
    NG527A Earth Stations in Motion (ESIMs), as regulated under 47 CFR 
part 25, are an application of the fixed-satellite service (FSS) and 
the following provisions shall apply:
    (a) In the bands 10.7-11.7 GHz, 19.3-19.4 GHz, and 19.6-19.7 GHz, 
ESIMs may be authorized for the reception of FSS emissions from 
geostationary and non-geostationary satellites, subject to the 
conditions that these earth stations may not claim protection from 
transmissions of non-Federal stations in the fixed service and that 
non-geostationary-satellite systems not cause unacceptable interference 
to, or claim protection from, geostationary-satellite networks.
    (b) In the bands 11.7-12.2 GHz (space-to-Earth), 14.0-14.5 GHz 
(Earth-to-space), 18.3-18.8 GHz (space-to-Earth), 19.7-20.2 GHz (space-
to-Earth), 28.35-28.6 GHz (Earth-to-space), and 29.25-30.0 GHz (Earth-
to-space), ESIMs may be authorized to communicate with geostationary 
satellites on a primary basis.
    (c) In the bands 11.7-12.2 GHz (space-to-Earth), 14.0-14.5 GHz 
(Earth-to-space), 18.3-18.6 GHz (space-to-Earth), 19.7-20.2 GHz (space-
to-Earth), 28.4-28.6 GHz (Earth-to-space), and 29.5-30.0 GHz (Earth-to-
space), ESIMs may be authorized to communicate with non-geostationary 
satellites, subject to the condition that non-geostationary-satellite 
systems may not cause unacceptable interference to, or claim protection 
from, geostationary-satellite networks.
    (d) In the band 17.8-18.3 GHz, ESIMs may be authorized for the 
reception of FSS emissions from geostationary and non-geostationary 
satellites on a secondary basis, subject to the condition that non-
geostationary-satellite systems not cause unacceptable interference to, 
or claim protection from, geostationary-satellite networks.
    (e) In the bands 18.8-19.3 GHz (space-to-Earth) and 28.6-29.1 GHz 
(Earth-to-space), ESIMs may be authorized to communicate with 
geostationary and non-geostationary satellites, subject to the 
condition that geostationary-satellite networks may not cause 
unacceptable interference to, or claim protection from, non-
geostationary satellite systems in the fixed-satellite service.
    (f) In the band 17.3-17.8 GHz, ESIMs may be authorized for the 
reception of FSS emissions from geostationary satellites on an 
unprotected basis.
* * * * *

PART 25--SATELLITE COMMUNICATIONS

0
3. The authority citation for part 25 continues to read as follows:

    Authority:  47 U.S.C. 154, 301, 302, 303, 307, 309, 310, 319, 
332, 605, and 721, unless otherwise noted.


0
4. Amend Sec.  25.103 by adding a definition for ``Extended Ka-band'' 
in alphabetical order and revising the definition of ``Two-degree-
compliant space station'' to read as follows:


Sec.  25.103   Definitions.

* * * * *
    Extended Ka-band. The 17.3-18.3 GHz (space-to-Earth), 18.8-19.4 GHz 
(space-to-Earth), 19.6-19.7 GHz (space-to-Earth), 27.5-28.35 GHz 
(Earth-to-space), and 28.6-29.1 GHz (Earth-to-space) FSS frequency 
bands.
* * * * *
    Two-degree-compliant space station. A GSO FSS space station 
operating in the conventional or extended C-bands, the conventional or 
extended Ku-bands, the 24.75-25.25 GHz band, or the conventional or 
extended Ka-bands within the limits on downlink equivalent 
isotropically radiated power (EIRP) density or PFD specified in Sec.  
25.140(a)(3) or (b)(3) and communicating only with earth stations 
operating in conformance with routine uplink parameters specified in 
Sec.  25.211(d), Sec.  25.212(c), (d), or (f), or Sec.  25.218.
* * * * *

0
5. Amend Sec.  25.114 by revising paragraphs (d)(7), (15), and (18) to 
read as follows:


Sec.  25.114   Applications for space station authorizations.

* * * * *
    (d) * * *
    (7) Applicants for authorizations for space stations in the Fixed-
Satellite Service, including applicants proposing feeder links for 
space stations operating in the 17/24 GHz Broadcasting-Satellite 
Service, must also include the information specified in Sec.  
25.140(a). Applicants for authorizations for space stations in the 17/
24 GHz Broadcasting-Satellite Service or applicants seeking 
authorization for FSS space stations transmitting in the 17.3-17.8 GHz 
band (space-to-Earth), must also include the information specified in 
Sec.  25.140(b);
* * * * *
    (15) Each applicant for a space station license in the 17/24 GHz 
Broadcasting-Satellite Service or the FSS transmitting in the 17.3-17.8 
GHz band, shall include the following information as an attachment to 
its application:
    (i) If the applicant proposes to operate in the 17.3-17.8 GHz band, 
a demonstration that the proposed space station will comply with the 
applicable power flux density limits in Sec.  25.140(a)(3)(iii) or 
(b)(3) unless the applicant provides a certification under paragraph 
(d)(15)(ii) of this section.
    (ii) In cases where the proposed space station will not comply with 
the applicable power flux density limits set forth in Sec.  
25.140(a)(3)(iii) or (b)(3), the applicant will be required to provide 
a certification that all potentially affected parties acknowledge and 
do not object to the use of the applicant's higher power flux 
densities. The affected parties with whom the applicant must

[[Page 72404]]

coordinate are those GSO 17/24 GHz BSS satellite networks or FSS 
satellite networks with space stations transmitting in the 17.3-17.8 
GHz band that are located up to 6[deg] away. Excesses of 
more than 3 dB above the applicable power flux density levels specified 
in Sec.  25.140(a)(3)(iii) or (b)(3), must also be coordinated with 17/
24 GHz BSS satellite networks located up to 10[deg] away.
    (iii) Any information required by Sec.  25.264(a)(6), (b)(4), or 
(d).
* * * * *
    (18) For space stations in the Direct Broadcast Satellite service, 
the 17/24 GHz Broadcasting-Satellite Service, or FSS space stations 
transmitting in the 17.3-17.8 GHz band, maximum orbital eccentricity.

0
6. Amend Sec.  25.115 by revising paragraphs (e), (g) introductory 
text, and (k) to read as follows:


Sec.  25.115  Applications for earth station authorizations.

* * * * *
    (e) GSO FSS earth stations in 17.3-30 GHz. (1) An application for a 
GSO FSS earth station license in the 17.3-19.4 GHz, 19.6-20.2 GHz, 
27.5-29.1 GHz, or 29.25-30 GHz bands not filed on FCC Form 312EZ 
pursuant to paragraph (a)(2) of this section must be filed on FCC Form 
312, Main Form and Schedule B, and must include any information 
required by paragraphs (a)(5) through (10) or paragraph (g) or (j) of 
this section.
    (2) Individual or blanket license applications may be filed for 
operation in the 17.3-17.8 GHz band; however, blanket licensed earth 
stations shall operate on an unprotected basis with respect to DBS 
feeder link earth stations. All receiving FSS earth stations shall 
operate on an unprotected basis with respect to the Fixed Service in 
the 17.7-17.8 GHz band.
* * * * *
    (g) Additional requirements for certain GSO earth stations. 
Applications for earth stations that will transmit to GSO space 
stations in any portion of the 5850-6725 MHz, 13.75-14.5 GHz, 24.75-
25.25 GHz, 27.5-29.1 GHz, or 29.25-30.0 GHz bands must include, in 
addition to the particulars of operation identified on FCC Form 312 and 
associated Schedule B, the information specified in either paragraph 
(g)(1) or (2) of this section for each earth station antenna type.
* * * * *
    (k) Permitted Space Station List. (1) Applicants for FSS earth 
stations that qualify for routine processing in the conventional or 
extended C-bands, the conventional or extended Ku-bands, the 
conventional or extended Ka-bands, or the 24.75-25.25 GHz band, 
including ESV applications filed pursuant to paragraph (m)(1) or (n)(1) 
of this section, VMES applications filed pursuant to paragraph (m)(1) 
or (n)(1) of this section, and ESAA applications filed pursuant to 
paragraph (m)(1) or (n)(1) of this section, may designate the Permitted 
Space Station List as a point of communication. Once such an 
application is granted, the earth station operator may communicate with 
any space station on the Permitted Space Station List, provided that 
the operation is consistent with the technical parameters and 
conditions in the earth station license and any limitations placed on 
the space station authorization or noted in the Permitted Space Station 
List.
    (2) Notwithstanding paragraph (k)(1) of this section, an earth 
station that would receive signals in the 17.7-20.2 GHz band may not 
communicate with a space station on the Permitted Space Station List in 
that band until the space station operator has completed coordination 
under Footnote US334 to Sec.  2.106 of this chapter.
* * * * *

0
7. Amend Sec.  25.117 by revising paragraph (d)(2)(v) to read as 
follows:


Sec.  25.117   Modification of station license.

* * * * *
    (d) * * *
    (2) * * *
    (v) Any operator of a space station transmitting in the 17.3-17.8 
GHz band, whose license is conditioned to operate at less than the 
power level otherwise permitted by Sec.  25.140(a)(3)(iii) and/or 
(b)(3), and is conditioned to accept interference from a neighboring 
17/24 GHz BSS space station, may file a modification application to 
remove those two conditions in the event that the license for that 
neighboring space station is cancelled or surrendered. In the event 
that two or more such modification applications are filed, and those 
applications are mutually exclusive, the modification applications will 
be considered on a first-come, first-served basis pursuant to the 
procedure set forth in Sec.  25.158.
* * * * *

0
8. Amend Sec.  25.140 by revising paragraphs (a)(2), (a)(3)(iii), and 
(b)(3) through (5), adding paragraph (b)(6), and revising the 
introductory text of paragraph (d) to read as follows:


Sec.  25.140  Further requirements for license applications for GSO 
space station operation in the FSS and the 17/24 GHz BSS.

    (a) * * *
    (2) In addition to the information required by Sec.  25.114, an 
applicant for GSO FSS space station operation, including applicants 
proposing feeder links for space stations operating in the 17/24 GHz 
BSS, that will be located at an orbital location less than two degrees 
from the assigned location of an authorized co-frequency GSO space 
station, must either certify that the proposed operation has been 
coordinated with the operator of the co-frequency space station or 
submit an interference analysis demonstrating the compatibility of the 
proposed system with the co-frequency space station. Such an analysis 
must include, for each type of radio frequency carrier, the link noise 
budget, modulation parameters, and overall link performance analysis. 
(See Appendices B and C to Licensing of Space Stations in the Domestic 
Fixed-Satellite Service, FCC 83-184, and the following public notices, 
copies of which are available in the Commission's EDOCS database, 
available at https://www.fcc.gov/edocs: DA 03-3863 and DA 04-1708.) The 
provisions in this paragraph (a)(2) do not apply to proposed analog 
video operation, which is subject to the requirement in paragraph 
(a)(1) of this section. Proposed GSO FSS space-to-Earth transmissions 
in the 17.3-17.8 GHz band are subject to the requirements of paragraphs 
(b)(4) through (6) of this section with respect to possible 
interference into 17/24 GHz BSS networks. Proposed GSO FSS space-to-
Earth transmissions in the 17.3-17.8 GHz band are subject to the 
requirements of Sec.  25.264 with respect to possible interference to 
the reception of DBS feeder link transmissions (Earth-to-space) in this 
band.
    (3) * * *
    (iii) With respect to proposed FSS operation in the conventional or 
extended Ka-bands, a certification that the proposed space station will 
not generate power flux density at the Earth's surface in excess of the 
limits in paragraphs (a)(3)(iii)(A) and (B) of this section, and that 
associated uplink operation will not exceed applicable EIRP density 
envelopes in Sec.  25.218(i) unless the non-routine uplink and/or 
downlink operation is coordinated with operators of authorized co-
frequency space stations at assigned locations within six degrees of 
the orbital location and except as provided in paragraph (d) of this 
section.

[[Page 72405]]

    (A) -118 dBW/m\2\/MHz, except as provided in paragraph 
(a)(3)(iii)(B) of this section.
    (B) For space-to-Earth FSS transmissions in the 17.3-18.8 GHz band 
in the region of the contiguous United States, located west of 100 West 
Longitude: -121 dBW/m\2\/MHz.
* * * * *
    (b) * * *
    (3) An applicant for a license to operate a 17/24 GHz BSS space 
station transmitting in the 17.3-17.8 GHz band must certify that the 
downlink power flux density on the Earth's surface will not exceed the 
regional power flux density limits given in paragraphs (b)(3)(i) 
through (iv) of this section, or must provide the certification 
specified in Sec.  25.114(d)(15)(ii):
    (i) In the region of the contiguous United States, located south of 
38[deg] North Latitude and east of 100[deg] West Longitude: -115 dBW/
m\2\/MHz.
    (ii) In the region of the contiguous United States, located north 
of 38[deg] North Latitude and east of 100[deg] West Longitude: -118 
dBW/m\2\/MHz.
    (iii) In the region of the contiguous United States, located west 
of 100[deg] West Longitude: -121 dBW/m\2\/MHz.
    (iv) For all regions outside of the contiguous United States 
including Alaska and Hawaii: -115 dBW/m\2\/MHz.
    (4) Except as described in paragraph (b)(5) of this section, the 
following applicants must either certify that their proposed operations 
have been coordinated with the adjacent operator of a previously 
authorized or proposed co-frequency space station, or must provide an 
interference analysis of the kind described in paragraph (a) of this 
section, except that the applicant must demonstrate that its proposed 
network will not cause more interference to the adjacent space station 
transmitting in the 17.3-17.8 GHz band operating in compliance with the 
technical requirements of this part, than if the applicant were located 
at an orbital separation of four degrees from the previously licensed 
or proposed space station.
    (i) Applicants for a 17/24 GHz BSS space station transmitting in 
the 17.3-17.8 GHz band to be located less than four degrees from a 
previously authorized or proposed co-frequency 17/24 GHz BSS space 
station;
    (ii) Applicants for a FSS space station transmitting in the 17.3-
17.8 GHz band to be located less than four degrees from a previously 
authorized or proposed co-frequency 17/24 GHz BSS space station; and
    (iii) Applicants for a 17/24 GHz BSS space station transmitting in 
the 17.3-17.8 GHz band to be located less than four degrees from a 
previously authorized or proposed co-frequency FSS space station 
transmitting in the 17.3-17.8 GHz band.
    (5) Where an authorized or proposed 17/24 GHz BSS or FSS space 
station is located within four degrees of a previously authorized or 
proposed 17/24 GHz BSS space station, no new third proposed 17/24 GHz 
BSS or FSS space station may be located within eight degrees of the 
first authorized or proposed space station in the same direction as the 
second authorized or proposed space station, unless the applicant for 
the third space station certifies that its proposed operation has been 
coordinated with the operator of the first previously authorized or 
proposed 17/24 GHz BSS space station, or the applicant for the third 
proposed space station provides an interference analysis of the kind 
described in paragraph (a) of this section, or the applicant for the 
third proposed space station demonstrates that its proposed network 
will not cause more interference to the first previously authorized or 
proposed space station than if the applicant for the third proposed 
space station were located at an orbital separation of eight degrees 
from the first previously authorized or proposed 17/24 GHz BSS space 
station.
    (6) In addition to the requirements of paragraphs (b)(3), (4), and 
(5) of this section, the link budget for any satellite transmitting in 
the 17.3-17.8 GHz band (space-to-Earth) must take into account 
longitudinal station-keeping tolerances. Any applicant for a space 
station transmitting in the 17.3-17.8 GHz band that has reached a 
coordination agreement with an operator of another space station to 
allow that operator to exceed the pfd levels specified in paragraph 
(a)(3)(iii) or (b)(3) of this section, must use those higher pfd levels 
for the purpose of this showing.
* * * * *
    (d) An operator of a GSO FSS space station in the conventional or 
extended C-bands, conventional or extended Ku-bands, 24.75-25.25 GHz 
band (Earth-to-space), or conventional or extended Ka-bands may notify 
the Commission of its non-routine transmission levels and be relieved 
of the obligation to coordinate such levels with later applicants and 
petitioners.
* * * * *

0
9. Amend Sec.  25.202 by:
0
a. Redesignating paragraphs (a)(10) introductory text, (a)(10)(i), and 
(a)(10)(ii) as paragraphs (a)(10)(i), (ii), and (iii), respectively; 
and
0
b. Revising newly redesignated paragraph (a)(10)(ii).
    The revision reads as follows:


Sec.  25.202  Frequencies, frequency tolerance, and emission limits.

    (a) * * *
    (10) * * *
    (ii) The following frequencies are available for use by Earth 
Stations in Motion (ESIMs) communicating with GSO FSS space stations, 
subject to the provisions in Sec.  2.106 of this chapter:
    (A) 10.7-11.7 GHz (space-to-Earth).
    (B) 11.7-12.2 GHz (space-to-Earth).
    (C) 14.0-14.5 GHz (Earth-to-space).
    (D) 17.3-17.7 GHz (space-to-Earth).
    (E) 17.7-17.8 GHz (space-to-Earth).
    (F) 17.8-18.3 GHz (space-to-Earth).
    (G) 18.3-18.8 GHz (space-to-Earth).
    (H) 18.8-19.3 GHz (space-to-Earth)
    (I) 19.3-19.4 GHz (space-to-Earth).
    (J) 19.6-19.7 GHz (space-to-Earth).
    (K) 19.7-20.2 GHz (space-to-Earth).
    (L) 28.35-28.6 GHz (Earth-to-space).
    (M) 28.6-29.1 GHz (Earth-to-space).
    (N) 29.25-30.0 GHz (Earth-to-space).
* * * * *

0
10. Amend Sec.  25.203 by revising the table in paragraph (m)(1) and 
paragraph (m)(3) to read as follows:


Sec.  25.203  Choice of sites and frequencies.

* * * * *
    (m) * * *
    (1) * * *

                                           Table 2 to Paragraph (m)(1)
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Space service designation in
 which the transmitting earth
 station operates...............                                  Fixed-Satellite
----------------------------------------------------------------------------------------------------------------
Frequency bands (GHz)...........                     17.3-17.7
                                             17.3-17.8
----------------------------------------------------------------------------------------------------------------
Space service designation in
 which the receiving earth
 station operates...............              Broadcasting-Satellite
                                          Fixed-Satellite
----------------------------------------------------------------------------------------------------------------
Orbit...........................                        GSO
                                                GSO
----------------------------------------------------------------------------------------------------------------
Modulation at receiving earth
 station........................                    N (digital)
                                            N (digital)
----------------------------------------------------------------------------------------------------------------

[[Page 72406]]

 
Receiving earth station
 interference parameters and
 criteria:......................                   17/24 GHZ BSS
                                                FSS
----------------------------------------------------------------------------------------------------------------
    p (%).......................                       0.015
                                               0.003
----------------------------------------------------------------------------------------------------------------
    n...........................                         2
                                                 2
----------------------------------------------------------------------------------------------------------------
    p (%).......................                       0.015
                                              0.0015
----------------------------------------------------------------------------------------------------------------
    N(dB).......................                         1
                                                 1
----------------------------------------------------------------------------------------------------------------
    M (dB)......................   In the area specified in Sec.   25.140(b)(3)
                                   In the area specified in Sec.
                                         25.140(a)(3)(iii)
----------------------------------------------------------------------------------------------------------------
                                   (i) and (iv)            (ii)           (iii)             (A)             (B)
----------------------------------------------------------------------------------------------------------------
                                            4.8             3.0             1.8             2.5             0.8
----------------------------------------------------------------------------------------------------------------
    W(dB).......................                         4
                                                 0
----------------------------------------------------------------------------------------------------------------
Receiving earth station
 parameters:....................                   17/24 GHz BSS
                                                FSS
----------------------------------------------------------------------------------------------------------------
    G (dBi).....................                        36
                                                N/A
----------------------------------------------------------------------------------------------------------------
    G...........................                         0
                                                 0
----------------------------------------------------------------------------------------------------------------
    e...........................                      20[deg]
                                              5[deg]
----------------------------------------------------------------------------------------------------------------
    T (K).......................                        150
                                                300
----------------------------------------------------------------------------------------------------------------
Reference bandwidth: B (Hz).....                                       10\6\
----------------------------------------------------------------------------------------------------------------
Permissible interference power:
 P(p) (dBW) in B................   In the area specified in Sec.   25.140(b)(3)
                                   In the area specified in Sec.
                                         25.140(a)(3)(iii)
----------------------------------------------------------------------------------------------------------------
                                   (i) and (iv)            (ii)           (iii)             (A)             (B)
----------------------------------------------------------------------------------------------------------------
                                         -146.8          -149.8          -152.8            -144          -150.1
----------------------------------------------------------------------------------------------------------------

* * * * *
    (3) Each applicant for such new or modified feeder-link earth 
stations shall file with its application memoranda of coordination with 
each co-frequency licensee authorized to construct BSS receive earth 
stations or an individually licensed FSS receive earth station within 
the coordination zone. Feeder link earth station applicants are not 
required to complete coordination with blanket-licensed receiving FSS 
earth stations in the 17.3-17.8 GHz band.
* * * * *


Sec.  25.208  [Amended]

0
11. Amend Sec.  25.208 by removing and reserving paragraph (w).

0
12. Amend Sec.  25.209 by revising the introductory text of paragraphs 
(a)(1), (3), (4), and (6) and (b)(1) through (3) to read as follows:


Sec.  25.209   Earth station antenna performance standards.

    (a) * * *
    (1) In the plane tangent to the GSO arc, as defined in Sec.  
25.103, for earth stations not operating in the conventional Ku-band, 
the 24.75-25.25 GHz band, or the 27.5-30 GHz band:
* * * * *
    (3) In the plane tangent to the GSO arc, for earth stations 
operating in the 24.75-25.25 GHz or 27.5-30 GHz bands:
* * * * *
    (4) In the plane perpendicular to the GSO arc, as defined in Sec.  
25.103, for earth stations not operating in the conventional Ku-band, 
the 24.75-25.25 GHz band, or the 27.5-30 GHz band:
* * * * *
    (6) In the plane perpendicular to the GSO arc, for earth stations 
operating in the 24.75-25.25 GHz or 27.5-30 GHz bands:
* * * * *
    (b) * * *
    (1) In the plane tangent to the GSO arc, for earth stations not 
operating in the 24.75-25.25 GHz or 27.5-30 GHz bands:
* * * * *
    (2) In the plane perpendicular to the GSO arc, for earth stations 
not operating in the 24.75-25.25 GHz or 27.5-30 GHz bands:
* * * * *
    (3) In the plane tangent to the GSO arc or in the plane 
perpendicular to the GSO arc, for earth stations operating in the 
24.75-25.25 GHz or 27.5-30 GHz bands:
* * * * *

0
13. Amend Sec.  25.210 by:
0
a. Revising paragraph (f); and
0
b. Removing and reserving paragraph (i).
    The revision reads as follows:


Sec.  25.210  Technical requirements for space stations.

* * * * *
    (f) All space stations in the Fixed-Satellite Service operating in 
any portion of the 3600-4200 MHz, 5091-5250 MHz, 5850-7025 MHz, 10.7-
12.7 GHz, 12.75-13.25 GHz, 13.75-14.5 GHz, 15.43-15.63 GHz, 17.3-17.8 
GHz (space-to-Earth), 18.3-20.2 GHz, 24.75-25.25 GHz, or 27.5-30.0 GHz 
bands, including feeder links for other space services, and in the 
Broadcasting-Satellite Service in the 17.3-17.8 GHz band (space-to-
Earth), shall employ state-of-the-art full frequency reuse, either 
through the use of orthogonal polarizations within the same beam and/or 
the use of spatially independent beams. This requirement does not apply 
to telemetry, tracking, and command operation.
* * * * *

0
14. Amend Sec.  25.212 by revising paragraphs (e) and (h) to read as 
follows:


Sec.  25.212   Narrowband analog transmissions and digital 
transmissions in the GSO FSS.

* * * * *
    (e) An earth station may be routinely licensed for digital 
transmission in the conventional or extended Ka-bands if

[[Page 72407]]

the input power spectral density into the antenna will not exceed 3.5 
dBW/MHz and the application includes certification pursuant to Sec.  
25.132(a)(1) of conformance with the antenna gain performance 
requirements in Sec.  25.209(a) and (b).
* * * * *
    (h) Applications for authority for fixed earth station operation in 
the conventional C-band, the extended C-band, the conventional Ku-band, 
the extended Ku-band, the conventional Ka-band, or the extended Ka-band 
that do not qualify for routine processing under relevant criteria in 
this section, Sec.  25.211, or Sec.  25.218 are subject to the 
requirements in Sec.  25.220.

0
15. Amend Sec.  25.218 by revising paragraph (a), adding a heading for 
paragraph (b), and revising paragraphs (i) heading and (j) to read as 
follows:


Sec.  25.218   Off-axis EIRP density envelopes for FSS earth stations 
transmitting in certain frequency bands.

    (a) Applicability. This section applies to applications for fixed 
and temporary-fixed FSS earth stations transmitting to geostationary 
space stations in the conventional C-band, extended C-band, 
conventional Ku-band, extended Ku-band, conventional Ka-band, extended 
Ka-band, or 24.75-25.25 GHz, and applications for ESIMs transmitting in 
the conventional C-band, conventional Ku-band, conventional Ka-band, 
except for applications proposing transmission of analog command 
signals at a band edge with bandwidths greater than 1 MHz or 
transmission of any other type of analog signal with bandwidths greater 
than 200 kHz.
    (b) Routine processing. * * *
    (i) Digital earth station operation in the conventional or extended 
Ka-band. * * *
    (j) Non-qualifying applications. Applications for authority for 
fixed earth station operation in the conventional C-band, extended C-
band, conventional Ku-band, extended Ku-band, conventional Ka-band, 
extended Ka-band, or 24.75-25.25 GHz, that do not qualify for routine 
processing under relevant criteria in this section, Sec.  25.211, or 
Sec.  25.212 are subject to the requirements in Sec.  25.220.

0
16. Amend Sec.  25.220 by revising paragraph (a) to read as follows:


Sec.  25.220   Non-routine transmit/receive earth station operations.

    (a) The requirements in this section apply to applications for, and 
operation of, earth stations transmitting in the conventional or 
extended C-bands, the conventional or extended Ku-bands, or the 
conventional or extended Ka -bands that do not qualify for routine 
licensing under relevant criteria in Sec.  25.211, Sec.  25.212, or 
Sec.  25.218.
* * * * *

0
17. Revise Sec.  25.262 to read as follows:


Sec.  25.262   Licensing and domestic coordination requirements for 17/
24 GHz BSS space stations and FSS space stations transmitting in the 
17.3-17.8 GHz band.

    (a) A 17/24 GHz BSS or FSS applicant seeking to transmit in the 
17.3-17.8 GHz band may be authorized to operate a space station at 
levels up to the maximum power flux density limits defined in 
paragraphs (a)(1) and (2) of this section without coordinating its 
power flux density levels with adjacent licensed or permitted 
operators, as follows:
    (1) For 17/24 GHz BSS applicants, up to the power flux density 
levels specified in Sec.  25.140(b)(3) only if there is no licensed 
space station, or prior-filed application for a space station 
transmitting in the 17.3-17.8 GHz band at a location less than four 
degrees from the orbital location at which the applicant proposes to 
operate; and
    (2) For FSS space station applicants transmitting in the 17.3-17.8 
GHz band, up to the maximum power flux density levels in Sec.  
25.140(a)(3)(iii), only if there is no licensed 17/24 GHz BSS space 
station, or prior-filed application for a 17/24 GHz BSS space station, 
at a location less than four degrees from the orbital location at which 
the FSS applicant proposes to operate, and there is no licensed FSS 
space station, or prior-filed application for an FSS space station 
transmitting in the 17.3-17.8 GHz band, at a location less than two 
degrees from the orbital location at which the applicant proposes to 
operate.
    (b) Any U.S. licensee or permittee authorized to transmit in the 
17.3-17.8 GHz band that does not comply with the applicable power flux-
density limits set forth in Sec.  25.140(a)(3)(iii) and/or (b)(3) shall 
bear the burden of coordinating with any future co-frequency licensees 
and permittees of a space station transmitting in the 17.3-17.8 GHz 
band as required in Sec.  25.114(d)(15)(ii).
    (c) If no good faith agreement can be reached, the operator of the 
FSS space station transmitting in the 17.3-17.8 GHz band that does not 
comply with Sec.  25.140(a)(3)(iii) or the operator of the 17/24 GHz 
BSS space station that does not comply with Sec.  25.140(b)(3), shall 
reduce its power flux-density levels to be compliant with those 
specified in Sec.  25.140(a)(3)(iii) and/or (b)(3) as appropriate.
    (d) Any U.S. licensee or permittee of a space station transmitting 
in the 17.3-17.8 GHz band that is required to provide information in 
its application pursuant to Sec.  25.140(a)(2) or (b)(4) must accept 
any increased interference that may result from adjacent space stations 
transmitting in the 17.3-17.8 GHz band that are operating in compliance 
with the rules for such space stations specified in Sec. Sec.  
25.140(a) and (b), 25.202(a)(9) and (e) through (g), 25.210(i) through 
(j), 25.224, 25.262, 25.264(h), and 25.273(a)(3).
    (e) Notwithstanding the provisions of this section, licensees and 
permittees will be allowed to apply for a license or authorization for 
a replacement satellite that will be operated at the same power level 
and interference protection as the satellite to be replaced.

0
18. Amend Sec.  25.264 by revising the section heading and the 
introductory text to paragraph (a), paragraphs (a)(4) and (6), the 
introductory text to paragraph (b), the introductory text to paragraph 
(b)(2), paragraphs (b)(2)(ii), (b)(3) and (4), and (c), the 
introductory text to paragraph (d), paragraph (d)(1)(ii), the 
introductory text to paragraph (d)(2), the introductory text to 
paragraphs (e) and (e)(1) and (2), paragraph (e)(3), the introductory 
text to paragraph (f), paragraphs (f)(2) and (g), and the introductory 
text to paragraphs (h) and (i) to read as follows:


Sec.  25.264  Requirements to facilitate reverse-band operation in the 
17.3-17.8 GHz band.

    (a) Each applicant or licensee for a space station transmitting in 
the 17.3-17.8 GHz band must submit a series of tables or graphs 
containing predicted off-axis gain data for each antenna that will 
transmit in any portion of the 17.3-17.8 GHz band, in accordance with 
the following specifications. Using a Cartesian coordinate system 
wherein the X axis is tangent to the geostationary orbital arc with the 
positive direction pointing east, i.e., in the direction of travel of 
the satellite; the Y axis is parallel to a line passing through the 
geographic north and south poles of the Earth, with the positive 
direction pointing south; and the Z axis passes through the satellite 
and the center of the Earth, with the positive direction pointing 
toward the Earth, the applicant or licensee must provide the predicted 
transmitting antenna off-axis antenna gain information:
* * * * *
    (4) At a minimum of one measurement frequency at the center of the 
portion of the 17.3-17.8 GHz frequency band over which the space 
station is designed to transmit. Applicants or licensees must provide 
additional measurement data at 5 MHz

[[Page 72408]]

above the lower edge of the band and/or at 5 MHz below the upper edge 
of the band, upon request by the Commission staff.
* * * * *
    (6) The predictive gain information must be submitted to the 
Commission for each license application that is filed for a space 
station transmitting in any portion of the 17.3-18.8 GHz band no later 
than two years after license grant for the space station.
    (b) A space station applicant or licensee transmitting in any 
portion of the 17.3-17.8 GHz band must submit power flux density (pfd) 
calculations based on the predicted gain data submitted in accordance 
with paragraph (a) of this section, as follows:
* * * * *
    (2) The calculations must take into account the aggregate pfd 
levels at the DBS receiver at each measurement frequency arising from 
all antenna beams on the space station transmitting in the 17.3-17.8 
GHz band. They must also take into account the maximum permitted 
longitudinal station-keeping tolerance, orbital inclination and orbital 
eccentricity of both the space station transmitting in the 17.3-17.8 
GHz band and DBS space stations, and must:
* * * * *
    (ii) Indicate the extent to which the calculated pfd of the space 
station's transmissions in the 17.3-17.8 GHz band exceed the threshold 
pfd level of -117 dBW/m2/100 kHz at those prior-filed U.S. DBS space 
station locations.
    (3) If the calculated pfd exceeds the threshold level of -117 dBW/
m2/100 kHz at the location of any prior-filed U.S. DBS space station, 
the applicant or licensee must also provide with the pfd calculations a 
certification that all affected DBS operators acknowledge and do not 
object to such higher off-axis pfd levels. No such certification is 
required in cases where the frequencies assigned to the DBS and to the 
space station transmitting in the 17.3-17.8 GHz band do not overlap.
    (4) The information and any certification required by paragraph (b) 
of this section must be submitted to the Commission for each license 
application that is filed for a space station transmitting in any 
portion of the 17.3-17.8 GHz band no later than two years after license 
grant for the space station.
    (c) No later than two months prior to launch, each licensee of a 
space station transmitting in any portion of the 17.3-17.8 GHz band 
must update the predicted transmitting antenna off-axis gain 
information provided in accordance with paragraph (a) of this section 
by submitting measured transmitting antenna off-axis gain information 
over the angular ranges, measurement frequencies and polarizations 
specified in paragraphs (a)(1) through (5) of this section. The 
transmitting antenna off-axis gain information should be measured under 
conditions as close to flight configuration as possible. As an 
alternative, licensees authorized to operate at locations one degree or 
greater from a prior-filed DBS space station may submit simulated 
transmitting antenna off-axis gain data in lieu of measured data, over 
the same angular ranges, frequencies and polarizations.
    (d) No later than two months prior to launch, or when applying for 
authority to change the location of a space station transmitting in any 
portion of the 17.3-17.8 GHz band that is already in orbit, each such 
space station licensee must provide pfd calculations based on the 
measured off-axis gain data submitted in accordance with paragraph (c) 
of this section, as follows:
    (1) * * *
    (ii) At the location of any subsequently filed U.S. DBS space 
station where the pfd level in the 17.3-17.8 GHz band calculated on the 
basis of measured gain data exceeds -117 dBW/m\2\/100 kHz. In this 
paragraph (d)(1)(ii), the term ``subsequently filed U.S. DBS space 
station'' refers to any co-frequency Direct Broadcast Satellite service 
space station proposed in a license application filed with the 
Commission after the operator of a space station transmitting in any 
portion of the 17.3-17.8 GHz band submitted the predicted data required 
by paragraphs (a) and (b) of this section but before submission of the 
measured data required by this paragraph. Subsequently filed U.S. DBS 
space stations may include foreign-licensed DBS space stations seeking 
authority to serve the United States market. The term does not include 
any applications (or authorizations) that have been denied, dismissed, 
or are otherwise no longer valid, nor does it include foreign-licensed 
DBS space stations that have not filed applications with the Commission 
for market access in the United States.
    (2) The pfd calculations must take into account the maximum 
permitted longitudinal station-keeping tolerance, orbital inclination 
and orbital eccentricity of both the transmitting 17.3-17.8 GHz and DBS 
space stations, and must:
* * * * *
    (e) If the aggregate pfd level calculated from the measured data 
submitted in accordance with paragraph (d) of this section is in excess 
of the threshold pfd level of -117 dBW/m2/100 kHz:
    (1) At the location of any prior-filed U.S. DBS space station as 
defined in paragraph (b)(1) of this section, then the operator of the 
space station transmitting in any portion of the 17.3-17.8 GHz band 
must either:
* * * * *
    (2) At the location of any subsequently filed U.S. DBS space 
station as defined in paragraph (d)(1) of this section, where the 
aggregate pfd level submitted in accordance with paragraph (d) of this 
section is also in excess of the pfd level calculated on the basis of 
the predicted data submitted in accordance with paragraph (a) of this 
section that were on file with the Commission at the time the DBS space 
station application was filed, then the operator of the space station 
transmitting in the 17.3-17.8 GHz band must either:
* * * * *
    (3) No coordination or adjustment of operating parameters is 
required in cases where there is no overlap in frequencies assigned to 
the DBS and the space station transmitting in the 17.3-17.8 GH band.
    (f) The applicant or licensee for the space station transmitting in 
the 17.3-17.8 GHz band must modify its license, or amend its 
application, as appropriate, based upon new information:
* * * * *
    (2) If the operator of the space station transmitting in the 17.3-
17.8 GHz band adjusts its operating parameters in accordance with 
paragraph (e)(1)(ii) or (e)(2)(ii) or this section.
    (g) Absent an explicit agreement between operators to permit more 
closely spaced operations, U.S. authorized 17/24 GHz BSS or FSS space 
stations transmitting in the 17.3-17.8 GHz band and U.S. authorized DBS 
space stations with co-frequency assignments may not be licensed to 
operate at locations separated by less than 0.2 degrees in orbital 
longitude.
    (h) All operational space stations transmitting in the 17.3-17.8 
GHz band must be maintained in geostationary orbits that:
* * * * *
    (i) U.S. authorized DBS networks may claim protection from space 
path interference arising from the reverse-band operations of U.S. 
authorized space stations transmitting in the 17.3-17.8 GHz band to the 
extent that the DBS space station operates within the bounds of 
inclination and eccentricity listed in paragraphs (i)(1) and (2) of 
this section. When the geostationary orbit of

[[Page 72409]]

the DBS space station exceeds these bounds on inclination and 
eccentricity, it may not claim protection from any additional space 
path interference arising as a result of its inclined or eccentric 
operations and may only claim protection as if it were operating within 
the bounds listed in paragraphs (i)(1) and (2) of this section:
* * * * *
[FR Doc. 2022-23674 Filed 11-23-22; 8:45 am]
BILLING CODE 6712-01-P