[Federal Register Volume 89, Number 22 (Thursday, February 1, 2024)]
[Proposed Rules]
[Pages 6488-6498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01995]
[[Page 6488]]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 2
[ET Docket No. 13-115 and RM-11341; FCC 23-76; FR ID 198084]
Allocation of Spectrum for Non-Federal Space Launch Operations
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this document the Commission proposes to adopt three
footnotes to the Table of Frequency Allocations to address the use of
spectrum by manned and unmanned spacecraft during space missions. The
Commission also seeks further comment on whether to include new
spectrum allocations in specific bands for communications with cargo
and crew capsules and payload communications with the International
Space Station (ISS) and other crewed space stations. In addition, the
Commission seeks further comment on expanding the use of the 2360-2395
MHz band, both in the context of additional uses to the band as well as
expanding use in the band beyond the three frequencies currently
designated for telemetry and telecommand operations of launch vehicles.
DATES: Comments are due on or before March 4, 2024 and reply comments
are due on or before April 1, 2024.
ADDRESSES: Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's
rules, 47 CFR 1.415, 1.419, interested parties may file comments and
reply comments on or before the dates indicated on the first page of
this document. Comments may be filed using the Commission's Electronic
Comment Filing System (ECFS). See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121 (1998). You may submit comments,
identified by ET Docket No. 13-115 and RM-11341, by any of the
following methods:
Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: https://www.fcc.gov/ecfs/.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
Filings can be sent by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701.
U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 45 L Street NE, Washington, DC 20554.
Effective March 19, 2020, and until further notice, the
Commission no longer accepts any hand or messenger delivered filings.
This is a temporary measure taken to help protect the health and safety
of individuals, and to mitigate the transmission of COVID-19. See FCC
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, 35 FCC Rcd 2788, 2788-89 (OS 2020),
https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
People with Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, computer
diskettes, audio recordings), send an email to [email protected] or call
the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice),
202-418-0432 (TTY).
FOR FURTHER INFORMATION CONTACT: Nicholas Oros of the Office of
Engineering and Technology, at [email protected] or 202-418-0636;
Linda Chang of the Wireless Telecommunications Bureau at
[email protected] or 202-418-1339; or Julia Malette of the Space
Bureau at [email protected] or 202-418-2453.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second
Further Notice of Proposed Rulemaking (FNPRM), ET Docket No. 13-115 and
RM-11341; FCC 23-76, adopted on September 21, 2023 and released on
September 22, 2023. The full text of this document is available for
public inspection and can be downloaded at: https://docs.fcc.gov/public/attachments/FCC-23-76A1.pdf. Alternative formats are available
for people with disabilities (Braille, large print, electronic files,
audio format) by sending an email to [email protected] or calling the
Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530
(voice), (202) 418-0432 (TTY).
The proceeding this Notice initiates shall be treated as a
``permit-but-disclose'' proceeding in accordance with the Commission's
ex parte rules.\1\ Persons making ex parte presentations must file a
copy of any written presentation or a memorandum summarizing any oral
presentation within two business days after the presentation (unless a
different deadline applicable to the Sunshine period applies). Persons
making oral ex parte presentations are reminded that memoranda
summarizing the presentation must (1) list all persons attending or
otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and
arguments made during the presentation. If the presentation consisted
in whole or in part of the presentation of data or arguments already
reflected in the presenter's written comments, memoranda or other
filings in the proceeding, the presenter may provide citations to such
data or arguments in his or her prior comments, memoranda, or other
filings (specifying the relevant page and/or paragraph numbers where
such data or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with rule 1.1206(b). In proceedings governed by
rule 1.49(f) or for which the Commission has made available a method of
electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system available
for that proceeding, and must be filed in their native format (e.g.,
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding
should familiarize themselves with the Commission's ex parte rules.
---------------------------------------------------------------------------
\1\ 47 CFR 1.1200 et seq.
---------------------------------------------------------------------------
Procedural Matters
Paperwork Reduction Act. This document may contain proposed
modified information collection requirements. The Commission, as part
of its continuing effort to reduce paperwork burdens, invites the
general public and the Office of Management and Budget to comment on
the information collection requirements contained in this document, as
required by the Paperwork Reduction Act of 1995, Public Law 104-13. In
addition, pursuant to the Small Business Paperwork Relief Act of 2002,
Public Law 107-198, see 44 U.S.C. 3506(c)(4)), we seek specific comment
on how we might further reduce the information collection burden for
small business concerns with fewer than 25 employees.
Initial Regulatory Flexibility Analysis. As required by the
Regulatory Flexibility Act, the Commission has prepared an Initial
Regulatory Flexibility Analysis (IRFA) of the
[[Page 6489]]
possible significant economic impact on a substantial number of small
entities of the proposals addressed in this Second Further Notice of
Proposed Rulemaking. The IRFA is set forth in Appendix E of the FCC
document found at https://docs.fcc.gov/public/attachments/FCC-23-76A1.pdf. Written public comments are requested on the IRFA. These
comments must be filed in accordance with the same filing deadlines for
comments on the Second Further Notice of Proposed Rulemaking, and
should have a separate and distinct heading designating them as
responses to the IRFA.
Accessing Materials
Providing Accountability Through Transparency Act: The Providing
Accountability Through Transparency Act requires each agency, in
providing notice of a rulemaking, to post online a brief plain-language
summary of the proposed rule. Accordingly, the Commission will publish
the required summary of the Second Further Notice of Proposed
Rulemaking at https://www.fcc.gov/proposed-rulemakings.
Synopsis
NASA Footnotes
NTIA has requested that the Commission add three footnotes to the
Allocation Table to address the use of spectrum by manned and unmanned
spacecraft during space missions. The text of these requested footnotes
is as follows:
USxxx Use of the bands 2290-2293 MHz and 2297-2300 MHz by
Federal and non-Federal space stations may be authorized on a
primary basis for the specific purpose of emergency transmissions
from manned spacecraft used in the exploration and use of outer
space, including the Moon and other celestial bodies. This
allocation is restricted to emergency transmissions from manned
spacecraft when experiencing emergency situations. Additionally, the
bands 2025-2110 MHz and 2110-2120 MHz may also be authorized on a
primary basis for transmissions of related commands to the
spacecraft. Such operations should be conducted in accordance with
Recommendation ITU-R SA.1863.
USyyy In the band 2213.5-2218.5 MHz, non-Federal space stations
operating in the space operation service providing transportation
service of crew to and from the International Space Station, may be
authorized on a primary basis to transmit in the space-to-Earth
direction, to authorized receiving stations, subject to such
conditions as may be applied on a case-by-case basis. Such
transmissions shall not cause harmful interference to authorized
Federal stations. The power flux-density at the Earth's surface from
such emissions from these non-Federal stations shall not exceed -144
to -154 dBW/m\2\/4 kHz, depending on the angle of arrival, in
accordance with ITU Radio Regulation No. 21.16.
USzzz In the band 2200.2-2206.2 MHz, non-Federal space stations
operating in the space operation service may be authorized on a
primary basis to transmit to the International Space Station (ISS)
while within 30 km of the ISS, subject to such conditions as may be
applied on a case-by-case basis. Such transmissions shall not cause
harmful interference to authorized Federal stations. The power-flux-
density of such emissions at the Earth's surface from these non-
Federal stations shall not exceed -144 to -154 dBW/m\2\/4 kHz,
depending on the angle of arrival, in accordance with ITU Radio
Regulation No. 21.16. ITU Radio Regulation No. 5.392 also applies.
Draft footnote USxxx applies to emergency transmissions to and from
manned spacecraft in two portions of the 2200-2290 MHz band as well as
the 2025-2110 MHz and 2110-2120 MHz bands. The Commission proposes to
add this footnote to the allocations table recognizing the importance
of emergency communications to safeguard human life during manned space
missions. The Commission seeks comment on this proposal. Because
emergency communications from manned spacecraft are likely to occur
infrequently the Commission tentatively concludes that making this
spectrum available for this purpose will not present a significant
interference risk to other users of these bands. As the 2200-2290 MHz
band has a space operation allocation in the space-to-earth direction,
permitting transmissions from spacecraft is appropriate. The 2025-2110
MHz band has a primary Federal space operations allocation in the
Earth-to-space direction which is consistent with making transmissions
to manned spacecraft. The 2110-2120 MHz band has a primary space
research service (deep space) (Earth-to-space) allocation at Goldstone
California. Given that use of the 2110-2120 MHz for space transmissions
is currently limited to this one location, should USXXX have a similar
limitation on use of this band? Should any other restrictions be placed
on the use of these bands for emergency communications for manned
spacecraft to avoid harmful interference from occurring to other users
of these bands?
Draft footnote USyyy applies to transmissions to ground stations by
non-Federal spacecraft transporting crew to and from the International
Space Station (ISS). NASA currently has contracts with SpaceX and
Boeing to shuttle crew members to the ISS. There is currently a federal
Space Operation space-to-Earth allocation for the 2200-2290 MHz band,
but the non-federal Space Operation allocation for this band is limited
to use for pre-launch testing and space launch operations and therefore
does not permit transmissions by crew transport spacecraft after the
launch phase of the mission. Given the importance of reliable
communications in safeguarding human life during manned space missions,
the Commission proposes to add this footnote to the Allocation Table.
The Commission tentatively concludes that the power flux limits on
these transmissions will prevent interference from occurring to
receivers on the earth's surface from these transmissions. The
Commission seeks comment on this proposal.
Draft footnote USzzz applies to spacecraft that are transmitting in
portions of the 2200-2290 MHz band within 30 kilometers of the ISS.
NASA has contracts with commercial companies to transport both supplies
and crew to the ISS. These spacecraft need to communicate with the ISS
when they are docking. As the Space Operation allocation for the 2200-
2290 MHz band is limited to use for pre-launch testing and space launch
operations, there is no allocation that permits these non-Federal
spacecraft to communicate with the ISS in this band. The Commission
proposes to add this footnote to the Allocation Table in recognition of
the importance of these space missions as well as the limited number of
such missions which should present a minimal risk of interference
occurring to other users of the band. As with USyyy, the Commission
tentatively concludes that the power flux limits on these transmissions
will prevent interference from occurring to receivers on the earth's
surface from these transmissions. The Commission seeks comment on this
proposal.
NASA has adopted a transition plan that envisions deorbiting the
ISS in early 2031. Prior to deorbiting the ISS, NASA intends to
purchase crew time from at least two Commercial LEO Destinations
(CLDs)--i.e., private space stations. As the projected lifetime of the
ISS is now less than eight years, the Commission seeks comment on
whether the new proposed footnotes USyyy and USzzz should be limited to
spacecraft traveling to the ISS. Should these footnotes also apply to
future manned space stations that are operated by commercial entities?
Should they be limited to manned space stations only in low earth orbit
or apply more generally to manned space stations anywhere beyond the
Earth's atmosphere?
Space Operation
In this FNPRM the Commission continues its efforts to support the
expanding activities of the commercial
[[Page 6490]]
space sector that benefit the public interest. Specifically, the
Commission focuses on the question of spectrum allocation and licensing
processes for certain post-space launch activities, particularly with
respect to certain space operations communications currently addressed
through experimental licensing, such as crew or cargo capsules destined
for the International Space Station (ISS), or similar operations
planned for the future, such as spectrum requirements for commercial
crewed space stations. Commenters also raised a number of issues that
overlap the topics currently being considered in the Space Innovation;
Facilitating Capabilities for In-space Servicing, Assembly, and
Manufacturing proceeding (FCC 22-66, IB Dockets 22-271, 22-272). This
broader range of topics will be addressed separately and concurrently
with that proceeding, as noted in the accompanying Second Report and
Order.
Spectrum Allocation for Certain Post-Space Launch Payload
Operations. The Commission seeks further comment on whether to include
new spectrum allocations in specific bands for communications with
cargo and crew capsules and payload communications with the ISS and
other crewed space stations. In the FNPRM the Commission sought comment
on whether there are improvements to the licensing process that could
facilitate more routine licensing for certain payload activities
currently addressed through experimental licensing. Specifically, the
Commission noted the current use by SpaceX of S-band frequencies for
cargo and crew capsules and links with the ISS as well as use by
Orbital Sciences Corporation, a Northrop Grumman Systems Corporation
Affiliate, of 2287.5 MHz (space-to-Earth) as well as 2287.5 MHz for
links between the Cygnus spacecraft and TDRSS, and 2203.2 MHz for links
between the Cygnus and the ISS. The Commission sought comment on
whether any changes to the Table of Frequency Allocations being adopted
or proposed for the 2025-2110 MHz and 2200-2290 MHz frequency bands
were needed to provide for these cargo and crew capsule communications,
what are the spectrum requirements for such operations, and if there
are other frequency bands that the Commission should also consider for
such uses.
In response, SpaceX noted that it has, through the STA process,
used the 2025-2110 MHz band for its Dragon capsule to communicate with
the ISS and TDRSS, and supports an expanded approach for 2200-2290 MHz
band, which would alleviate the need for seeking an STA to cover
communication between SpaceX's Dragon and the ISS and TDRSS. Northrop
Grumman also noted its use of the 2200-2290 MHz band for ISS-related
communications and supports the inclusion of payload operations in the
allocation for this band, which is used by its Cygnus mission. Northrop
Grumman also suggested that the Commission adopt a fleet licensing
process for payload activities, in specific for ISS-related activities,
such as its Cygnus mission.
Other commenters supported allocations in the S-band as well as the
L-band and X-band for OOS and RPO operations generally. Industry
Participants assert that slightly expanding the 2200-2290 MHz and 2025-
2110 MHz allocations to include RPO alongside space launch and reentry
``would provide a safer space environment for time-critical RPO
communications, where failure can result in loss of spacecraft,
termination of a mission, and potentially loss of human lives.'' They
also note that commercial operators have already invested in technology
that supports OOS operations in the S-band. Black Sky suggests opening
the band for all on-orbit missions to put the U.S. industry on an equal
footing with international operators. Spaceflight recommended that the
Commission consider 8025-8400 MHz (X-band) and 1610-1626.5 MHz (L-band)
for secondary allocation for payload operations specifically. In
response to Spaceflight's suggestion for allocation in the L-band,
Globalstar asserts that allocation for inter satellite links and space-
to-space communication between a launch vehicle and satellites in the
L-band is unnecessary and should continue to be authorized only on an
experimental basis. In particular Globalstar focuses on the Big LEO
band where Globalstar operates and has concerns of harmful
interference. Federal agencies were generally opposed to changing the
status of the S-band for payload operations as discussed in the
accompanying Second Report and Order, however NTIA, NASA, DOD, and DOC
note that the 2360-2395 MHz band could be used as an alternative to
expanding allocation in 2200-2290 MHz band. The Commission considers
this alternative in further discussion below.
As discussed in the accompanying Second Report and Order, the
Commission concludes that deliberations for providing S-band, or other
possible bands (such as L-band and X-band suggestions by Spaceflight),
allocation for OOS/RPO more generally be continued via the ongoing ISAM
proceeding. However, the Commission seeks further comment on possible
necessary changes to the Table of Frequency Allocations to account for
space-to-space communications between a crew or cargo capsule and
crewed space stations, including in bands outside the S-band. Do the
three footnotes requested by NTIA meet this need? Should the Commission
adopt an allocation for ISS-related space-to-space communications in
this proceeding? Should the Commission expand such an allocation to
account for future crewed space stations and operations not connected
to the ISS? Should the rules addressing these operations be included in
part 25 of the FCC's rules?
Suborbital Spaceflight Operations. Additionally, the Commission
seeks further comment on spectrum allocation and licensing needs
related to suborbital spaceflight. Are there aspects of suborbital
commercial spaceflight that fall outside of the definition the
Commission has adopted for space launch operations that requires
further licensing and spectrum allocation considerations? In response
to the FNPRM, Virgin Galactic noted its use, through experimental
licensing, of the VHF band, L-band, and S-band for its suborbital
flights and suggested that the Commission develop and adopt rules
allowing allocation for commercial spaceflight operations in these
bands. Specifically, Virgin Galactic has operated in the 123.225 MHz,
123.275 MHz, 123.375 MHz, 123.450 MHz, and 123.525 MHz (VHF)
frequencies, the 1445.5 MHz, 1451.5 MHz, 1462.5 MHz, 1470.5 MHz 1480.5
MHz (L-band) frequencies, and the 2360-2390 MHz (S-band) frequencies.
Communications in these bands have included telemetry as well as video
and voice communications. The Second Report and Order the Commission
adopted has limited use of the S-band to telemetry and tracking
communications for launch under part 26. Should the Commission
establish allocations beyond experimental or STA licensing for voice or
video communications for these types of crewed suborbital spaceflight
operations?
In further considering communication related to crewed suborbital
operations the Commission notes the importance of safety of life
communications. Currently, operators who obtain experimental licensing
approvals or STAs for these activities are communicating on a non-
protected, non-interference basis and must cease operations in the
event interference with a primary or secondary allocated operator
occurs. The Commission seeks comment on how it should ensure a
[[Page 6491]]
more permanent level of protection for suborbital spaceflight operation
communications, while recognizing the need to avoid harmful
interference with other important operations in already encumbered
bands. Should any of the portions of the VHF, L-band, or S-band that
have been authorized experimentally for communications beyond telemetry
be allocated for suborbital spaceflight operations on a primary or
secondary basis? Are there other bands beyond those the Commission is
considering today that might be suitable for these operations?
Use of 2360-2395 MHz Band or Other Bands for Commercial Space Launch
Three frequencies in the 2360-2395 MHz band are available for both
Federal and non-Federal telemetry and telecommand operations of launch
vehicles. Beyond these three frequencies, the band is assigned
primarily for aeronautical telemetry and telecommand operations for
flight testing of aircraft and missiles. In the FNPRM, the Commission
requested comment on changes that it could take in administering the
2360-2395 MHz space launch rules. For example, the Commission sought
comment on whether it should administer the 2360-2395 MHz space launch
use, which is currently regulated under subpart J of the Commission's
part 87 rules, under the same rule part as the commercial space launch
rules applicable to the 2200-2290 MHz band adopted in the Second R&O or
retain the current part 87 designation.
In response to the FNPRM, certain commenters filed in support of
expanding space launch use in the 2360-2395 MHz band. For example,
SpaceX argues that uses of the band should extend to the full range of
space operations, while Virgin Galactic encourages the Commission to
ensure that any primary allocation of the band, as well as associated
service and technical rules, facilitate telemetry and video downlink,
which it states is consistent with Virgin Galactic's use of the
spectrum to monitor the health and safety of its spaceflight
participants and crew. NTIA, NASA, and DOD advocate the use of the
2360-2395 MHz band as an alternative to the 2200-2290 MHz and 2025-2110
MHz bands, arguing that the three existing frequencies in the 2360-2395
MHz band provide additional spectrum.
AFTRCC, however, argues that there should not be an expansion of
the band and urges the Commission to limit the allocation in that band
to just the three channels already allocated for space launches, and
avoid proposing allocations for space operations that include bands
needed for flight testing and space launches. In support, AFTRCC
asserts that space launches create large interference cones to flight
test operations, and that even a few seconds of interference could
disrupt the most critical portions of a flight test and would add a
significant risk factor to aircraft flight tests in this band.
Similarly, Boeing advises that the Commission should exercise caution
with respect to the use of additional portions of the 2360-2395 MHz
band for launch operations or in-orbit activities. Boeing asserts that
the greater 2360-2395 MHz band is heavily used to support non-federal
flight test operations in locations throughout the United States, and
that use of the band by commercial aircraft manufacturers is intensive
and increasing.
The Commission seeks further comment on expanding the use of the
2360-2395 MHz band, both in the context of additional uses to the band
as well as expanding use in the band beyond the three frequencies
currently designated. While the Commission is aware that this band is
heavily used for flight test purposes and agrees that it should proceed
cautiously with respect to measures that have the potential to
introduce additional interference to operations in the band, the
Commission also recognizes that the 2200-2290 MHz and 2025-2110 MHz
bands may not accommodate the increasing numbers of operations in the
future. While the Commission finds that providing space launch
operators with increased certainty regarding access to the 2200-2290
MHz and 2025-2110 MHz band is in the public interest and that careful
coordination will be effective in enabling use of these bands, the
record supports further review of additional spectrum options.
Accordingly, the Commission seeks to better understand the current use
of the 2360-2395 MHz band. The Commission seeks information on how both
flight testing and launch operations in the band are coordinated and
conducted, and whether there are measures that could help increase use
by space launch operations without increasing the risk of interference
to flight test operations. For example, space launch operations in the
band are subject to pre-grant frequency coordination, but do not have a
coordination requirement once an authorization is granted. Would
revising the 2360-2395 MHz band rules to apply provisions that are now
applicable to the 2200-2290 MHz and 2025-2110 MHz band, including the
per launch coordination requirement, help to facilitate increased use
of space launch operations in the 2360-2395 MHz band?
Further, the Commission received limited comment on how to
administer rules relating to the 2360-2395 MHz band, in particular
comment regarding whether and how to harmonize existing 2360-2395 MHz
licensing and technical rules with rules now applicable to the 2200-
2290 MHz and 2025-2110 MHz band. Accordingly, the Commission seeks
further comment on certain 2360-2395 MHz issues that were first raised
in the FNPRM. The Commission requests additional comment on how best to
administer the space launch rules for this band. Should the Commission
incorporate the 2360-2395 MHz space launch use into new part 26 or
should it retain the part 87 designation? If the Commission administers
the 2360-2395 MHz space launch use under the new rule part, should the
Commission revises its rules to apply the same non-exclusive licensing
scheme the Commission adopts today or retain the existing licensing
framework provided under the current part 87 flight testing rules? In
that event, should the Commission continues to apply the technical
rules currently applicable to these services? The Commission also notes
that space launch telemetry and telecommand operations in the 2360-2395
MHz band occur under a Mobile allocation. The Commission seeks further
comment on whether it should add a primary Space Operation allocation
to the band, subject to the same restrictions as apply to such
operations under the Mobile allocation as specified in footnote US276
of the U.S. Table. Further, Industry Participants state that, while
they appreciate the suggestion of increased 2360-2395 MHz band use in
light of congestion in the S-band, the International Table of Frequency
Allocations reserves this band for Fixed Service, Mobile Service,
Amateur, and Radiolocation services, and consequently it would be
necessary to modify that allocation to permit use of that band at the
international level. Industry Participants state that a failure to
obtain such a modification would be a hardship for on-orbit operators
seeking mission support from non-U.S. ground stations. The Commission
requests comment regarding this issue.
With respect to additional spectrum options for space launch
operations, Virgin Galactic suggests that the Commission expand the use
of the 1435-1525 MHz band for telemetry and safety of flight during
spaceflight operations. As in the case of the 2360-2395 MHz band, the
1435-1525 MHz band is assigned primarily for
[[Page 6492]]
aeronautical telemetry and telecommand functions associated with flight
testing. Space launch and reentry operations are permissible uses of
the band. AFTRCC, however, argues that this band is the ``workhorse
spectrum'' for aeronautical flight testing, and that interference with
sensitive flight test equipment risks pilot safety and the success of
test maneuvers. Accordingly, says AFTRCC, this band should be reserved
for aeronautical mobile telemetry uses. The Commission seeks comment on
whether the 1435-1525 MHz band can effectively accommodate space launch
operations, or whether such use should be discouraged despite being
permissible under our rules. As in the case with the 2360-2395 MHz band
above, the Commission seeks information regarding the current usage of
this band, how operations are conducted and coordinated, and whether
there are measures that may be taken to successfully integrate space
launch use along with flight test operations. Would per launch
coordination including an enhanced scheduling mechanism be helpful? To
the extent that commenters agree that space launch activities can occur
along with flight test operations, the Commission request that
commenters also speak to any changes--similar to those discussed above
for the 2360-2395 MHz band--the Commission should make to harmonize any
space launch use in this band with rules applicable to the 2200-2290
MHz and 2025-2110 MHz bands. However, in the event that commenters
believe that increased use of either of these bands for space launch
uses should not be accommodated, the Commission requests comment on
other spectrum bands that may be appropriate candidates.
Ordering Clauses
Accordingly, it is ordered that pursuant to Sections 1, 2, 4(i),
5(c), 301, 303(c), 303(f), and 303(r) of the Communications Act of
1934, as amended, 47 U.S.C. 151, 152, 154(i), 155(c), 301, 303(c),
303(f), and 303(r), and section 1.411 of the Commission's rules, 47 CFR
1.411, this Second Report and Order and Second Further Notice of
Proposed Rulemaking is hereby adopted.
It is further ordered that the Office of the Secretary, Reference
Information Center, shall send a copy of the Second Report and Order
and Second Further Notice of Proposed Rulemaking including the Final
Regulatory Flexibility Analysis and the Initial Regulatory Flexibility
Analysis, to the Chief Counsel for Advocacy of the Small Business
Administration.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 2 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. Amend Sec. 2.106 paragraph (a) by revising the Table of Frequency
Allocations, pages 36 and 37 to read as follows:
Sec. 2.106 Table of Frequency Allocations.
(a) * * *
BILLING CODE 6712-01-P
[[Page 6493]]
[GRAPHIC] [TIFF OMITTED] TP01FE24.109
[[Page 6494]]
[GRAPHIC] [TIFF OMITTED] TP01FE24.110
[[Page 6495]]
[GRAPHIC] [TIFF OMITTED] TP01FE24.111
[[Page 6496]]
[GRAPHIC] [TIFF OMITTED] TP01FE24.112
[[Page 6497]]
[GRAPHIC] [TIFF OMITTED] TP01FE24.113
[[Page 6498]]
0
3. Amend Sec. 2.106 by adding (c)(96)(i) through (iii) to read as
follows:
(c) * * *
(96) * * *
(i) USxxx Use of the bands 2290-2293 MHz and 2297-2300 MHz by
Federal and non-Federal space stations may be authorized on a primary
basis for the specific purpose of emergency transmissions from manned
spacecraft used in the exploration and use of outer space, including
the Moon and other celestial bodies. This allocation is restricted to
emergency transmissions from manned spacecraft when experiencing
emergency situations. Additionally, the bands 2025-2110 MHz and 2110-
2120 MHz may also be authorized on a primary basis for transmissions of
related commands to the spacecraft. Such operations should be conducted
in accordance with Recommendation ITU-R SA.1863.
(ii) USyyy In the band 2213.5-2218.5 MHz, non-Federal space
stations operating in the space operation service providing
transportation service of crew to and from the International Space
Station, may be authorized on a primary basis to transmit in the space-
to-Earth direction, to authorized receiving stations, subject to such
conditions as may be applied on a case-by-case basis. Such
transmissions shall not cause harmful interference to authorized
Federal stations. The power flux-density at the Earth's surface from
such emissions from these non-Federal stations shall not exceed -144 to
-154 dBW/m\2\/4 kHz, depending on the angle of arrival, in accordance
with ITU Radio Regulation No. 21.16.
(iii) USzzz In the band 2200.2-2206.2 MHz, non-Federal space
stations operating in the space operation service may be authorized on
a primary basis to transmit to the International Space Station (ISS)
while within 30 km of the ISS, subject to such conditions as may be
applied on a case-by-case basis. Such transmissions shall not cause
harmful interference to authorized Federal stations. The power-flux-
density of such emissions at the Earth's surface from these non-Federal
stations shall not exceed -144 to -154 dBW/m\2\/4 kHz, depending on the
angle of arrival, in accordance with ITU Radio Regulation No. 21.16.
ITU Radio Regulation No. 5.392 also applies.
* * * * *
[FR Doc. 2024-01995 Filed 1-31-24; 8:45 am]
BILLING CODE 6712-01-C