[Federal Register Volume 89, Number 150 (Monday, August 5, 2024)]
[Rules and Regulations]
[Pages 63296-63325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16638]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 1, 2, and 26

[ET Docket No. 13-115; RM-11341; FCC 23-76; FR ID 234720]


Allocation of Spectrum for Non-Federal Space Launch Operations; 
Federal Earth Stations Communicating With Non-Federal Fixed Satellite 
Service Space Stations; and Federal Space Station Use of the 399.9-
400.05 MHz Band

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) adopts a new secondary allocation in the 2025-2110 MHz 
band for non-Federal space operations, removes the restriction on use 
of the 2200-2290 MHz secondary non-Federal space operation allocation 
to four specific sub-channels to make the entire 2200-2290 MHz band 
available, adds a non-Federal secondary mobile allocation to the 2200-
2290 MHz band, and adopts licensing and technical rules for space 
launch operations. Additionally, the Commission amends the allocation 
for the 399.9-400.05 MHz band to permit the deployment of Federal space 
stations.

DATES: 
    Effective date: Effective September 4, 2024, except for amendatory 
instructions 10 through 13 (adding Sec. Sec.  26.106, 26.108, 26.202, 
and 26.301, respectively), which are delayed indefinitely. The 
Commission will publish a document in the Federal Register announcing 
the effective date.
    Incorporation by reference: The incorporation by reference of 
certain material listed herein is approved by the Director of the 
Federal Register as of September 4, 2024.

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. For information 
regarding the Paperwork Reduction Act (PRA) information requirements 
contained in this document, contact Nicole Ongele, Office of Managing 
Director, at (202) 418-2991 or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Report and Order, in ET Docket No. 13-115; 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).

Procedural Matters

    Final Regulatory Flexibility Analysis. The Regulatory Flexibility 
Act of 1980 (RFA) requires that an agency prepare a regulatory 
flexibility analysis for notice and comment rulemakings, unless the 
agency certifies that ``the rule will not, if promulgated, have a 
significant economic impact on a substantial number of small 
entities.'' Accordingly, the Commission has prepared a Final Regulatory 
Flexibility Analysis (FRFA) concerning the possible impact of the rule 
changes contained in the Second Report and Order on small entities. The 
FRFA is set forth in Appendix B of the FCC document, https://docs.fcc.gov/public/attachments/FCC-23-76A1.pdf.
    Paperwork Reduction Act. The Second Report and Order contains new 
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, the Commission 
notes that pursuant to the Small Business Paperwork Relief Act of 2002, 
Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission previously 
sought specific comment on how it might further reduce the information 
collection burden for small business concerns with fewer than 25 
employees.
    Congressional Review Act. The Commission has determined, and the 
Administrator of the Office of Information and Regulatory Affairs, 
Office of Management and Budget, concurs, that this rule is non-major 
under the Congressional Review Act, 5 U.S.C. 804(2). The Commission 
will send a copy of the Second Report and Order to Congress and the 
Government Accountability office, pursuant to 5 U.S.C. 801(a)(1)(A).
    Accessing Materials. The Office of Federal Register (OFR) 
regulations require that agencies must discuss in the preamble of a 
final rule the ways that the materials incorporated by reference are 
reasonably available to interested parties and where interested parties 
can obtain the materials. In addition, OFR regulations require that the 
preamble of a final rule summarizes the material incorporated by 
reference.
    Section 26.302(a) and (b) of the regulations adopted herein 
incorporate by reference Annex J, Guidance for Determination of 
Necessary Bandwidth, and Annex M, Measurement Standards, of the 
National Telecommunications and Information Administration (NTIA) 
Manual of Regulations and Procedures for Federal Radio Frequency 
Management (NTIA Manual), January 2023 Revision (of the January 2021 
Edition). The information in these annexes provide guidance for 
determining the necessary bandwidth and the measurement requirements 
for the unwanted emission mask of space launch radiocommunication 
systems. Interested parties may inspect a copy of the NTIA Manual at 
the FCC's main office, 45 L Street NE, Washington, DC 20554; email: 
[email protected]. The NTIA Manual is also available online at https://www.ntia.gov/publications/redbook-manual.

[[Page 63297]]

Synopsis

    As discussed in greater detail below, the Commission continues its 
efforts to provide regulatory certainty and additional spectrum to 
promote innovation and investment in the United States commercial space 
launch industry.

Non-Federal Allocations for the 420-430 MHz, 2025-2110 MHz, 2200-2290 
MHz, and 5650-5925 MHz Bands

    Taking into account the record, the Commission finds sufficient 
support and justification for adopting an allocation for the 2025-2110 
MHz band and expanding the previously adopted 2200-2290 MHz band 
allocation. Given that use of the 420-430 MHz, 2360-2395 MHz, and 5650-
5925 MHz bands remains limited, the Commission is not convinced there 
is need for new allocations for any of these bands at this time.
    Allocation for the 420-430 MHz band. The 420-430 MHz band is used 
during launches from Federal launch sites to transmit a flight 
termination signal to a launch vehicle, resulting in its self-
destruction if necessary. While there was support on the record for 
adding this allocation, commenters differed in their suggested use of 
the band. Boeing suggest that the Commission restrict use of the band 
to only pre-launch testing and launches to prevent ancillary uses from 
interfering with safety-of-life transmissions. The United Launch 
Alliance (ULA), the Aerospace Industries Association (AIA), and the 
Industry Coalition Response (ICR), however, support flexible use of the 
band beyond the proposed self-destruct transmissions. Federal 
incumbents in the band also had differing opinions on adding the 
allocation to the band. The National Aeronautics and Space 
Administration (NASA) supports the allocation, if use of the band is 
limited and Federal incumbents are properly protected. The Department 
of Defense (DoD) does not oppose adopting such an allocation; however 
it recognizes that high power radar systems across the country could 
interfere with the reception of termination signals.
    The Commission concludes not to adopt a primary non-Federal 
Aeronautical Mobile allocation for the 420-430 MHz band. The FCC has 
not received any special temporary authorities (STAs) to use this band 
during space launches, as most current launch facilities have Federal 
systems in place for flight-termination purposes. Additionally, as ULA 
correctly observes, alternative flight-termination solutions for errant 
launches are already being implemented. For these reasons, and in light 
of the present and potential future limitations on use of the band 
raised by commenters, the Commission is not adopting the proposed 
allocation.
    Allocation for the 2025-2110 MHz band. The 2025-2110 MHz band is 
currently allocated for both Federal and non-Federal fixed and mobile 
uses. The Broadcast Auxiliary Service (BAS) makes up most of the non-
Federal use of the band and share the band with the Cable Television 
Relay Service (CARS) and the Local Television Transmission Service 
(LTTS). The band is also allocated on a primary basis for Federal space 
operation, Earth exploration satellite, and space research uses. While 
Federal use of the band is allocated on a co-primary basis, Federal use 
must not constrain BAS, CARS, and LTTS deployment. The 2025-2110 MHz 
band also includes primary Federal fixed and mobile allocations with 
use restricted to the military services, in order to facilitate 
relocation of military operations from the 1755-1780 MHz band. Federal 
use of the band has continued to increase, but coordination with non-
Federal users has been successful. This success is due in large part to 
the memorandum of understanding (MOU) created by broadcast incumbents 
and the Federal users. The Commission has issued many STAs in this band 
allowing space launch operations to transmit control signals to launch 
vehicles. The further notice of proposed rulemaking (FNPRM) (86 FR 
30860, June 10, 2021) sought comment on adding a co-primary non-Federal 
space operation (Earth-to-space) allocation to the 2025-2110 MHz band, 
in order to provide the space launch industry's increased use of the 
band with regulatory certainty.
    There was overwhelming support on the record for adopting the 
proposed allocation. While there was disagreement on the type of 
restrictions that should be adopted, all commenters were in agreement 
that any potential space launch operations in the band must be 
coordinated with all incumbents. According to NTIA, given the important 
missions of Federal agencies in the band it is important for all 
Federal users to maintain priority and for all commercial launches to 
remain subject to prior coordination.
    The Commission concludes that adopting a non-Federal secondary 
allocation for space launch operations with the same coordination 
requirements that currently apply to Federal users will sufficiently 
address the regulatory needs of the commercial space launch industry 
while ensuring the protection of incumbents. This spectrum is regularly 
used by commercial space launch providers and granting regulatory 
certainty will boost investment and promote innovation in this 
industry. Adopting this allocation will eliminate the time and expense 
required for seeking STAs, which also often lapse due to the need to 
reschedule launches, thus requiring multiple STAs per launch. Based on 
the Commission's experience with STAs in this band, the Commission 
believes the existing coordination requirements, already proven to 
facilitate frequency re-use and coordination, will sufficiently protect 
incumbents and readily grant launch providers access to spectrum. The 
Commission appreciates the concerns raised by the Federal agencies and 
are following their suggestion to adopt a secondary allocation instead 
of a primary allocation as proposed. While Federal space operations 
have primary allocation status, the restrictions on Federal operations 
to protect the long-established BAS and CARS licensees in the band in 
effect relegate the Federal space launch activities as secondary to 
these Commission licensees. As the commercial space launch providers 
will also have to coordinate with these terrestrial licensees, a 
secondary allocation appears to be more appropriate at this time. The 
coordination framework currently in place for Federal space operations 
has permitted a high degree of spectrum efficiency and reuse for non-
Federal and Federal operations. Adopting a secondary non-Federal Space 
Operation allocation for the 2025-2110 MHz band will allow the 
Commission to develop effective rules for the space launch industry, no 
longer requiring the lengthy experimental rules process. Hence, the 
Commission is implementing this secondary non-Federal Space Operation 
(Earth-to-space) allocation to the 2025-2110 MHz band in the U.S. 
Table. This allocation will be limited to space launch telecommand 
transmissions and will require commercial space launch providers to 
coordinate with non-Federal terrestrial licensees (i.e., BAS, LTTS, and 
CARS) and NTIA.
    While there was support on the record for making the band available 
for use for on-orbit service (OOS) and rendezvous and proximity 
operations (RPO), the Commission agrees with Boeing that the increased 
use of the band from the ongoing relocation of Federal operations 
provides reason to exercise caution in authorizing any additional non-
Federal space operations. The Commission therefore will address these 
operations through separate actions, taking into

[[Page 63298]]

account also the record developed in response to the Commission's 
Notice of Inquiry on In-space Servicing, Assembly, and Manufacturing 
(ISAM) (87 FR 56365, September 14, 2022). The Commission also does not 
agree with the National Association of Broadcasters (NAB) and Society 
of Broadcast Engineers, Inc. (SBE) that space launch operations in the 
band should be limited to specified geographic sites because the 
coordination requirement the Commission is adopting will ensure BAS, 
LTTS, CARS licensees in all geographic areas are protected from harmful 
interference.
    Allocation for the 2200-2290 MHz Band. The 2200-2290 MHz band is 
used for launch telemetry--i.e., sending diagnostic information from 
the space launch vehicle to ground controller stations during the 
launch to allow tracking of the performance of the launch vehicle. The 
2200-2290 MHz band is heavily used by DoD and other Federal agencies 
and has primary Federal Space Operation, Earth Exploration Satellite, 
Fixed, Mobile, and Space Research allocations. The Report and Order (86 
FR 33902, June 28, 2021) added a non-Federal secondary Space Operation 
(space-to-Earth) allocation to the band. Use of this allocation is 
limited by an Allocation Table footnote to pre-launch testing and space 
launch operations and coordination with NTIA is required prior to each 
launch. In addition, non-Federal space operations are restricted to the 
2208.5-2213.5 MHz, 2212.5-2217.5 MHz, 2270-2275 MHz, and 2285-2290 MHz 
portions of the band.
    The FNPRM proposed to remove the restriction on non-Federal use of 
the new Space Operation allocation to the four sub-bands and asked 
whether non-Federal use of the band should continue to be limited to 
channels with a necessary bandwidth of 5 megahertz. The FNPRM also 
sought comment on upgrading the secondary Space Operations allocation 
to a primary allocation noting that this would place commercial launch 
operators on an equal footing with other users of the band and provide 
greater certainty to incentivize investment as the commercial space 
industry continues to expand with more frequent launches, privately 
developed launch facilities, and manned space flights. The FNPRM also 
sought comment on adding a secondary Mobile allocation to the 2200-2290 
MHz band and whether use of the Mobile allocation should be subject to 
the same restrictions that apply to the non-Federal Space Operations 
allocation for the band and whether it should be subject to the same 
restrictions that apply to Federal users--i.e., should it be restricted 
to line-of-sight use only, exclude flight testing of manned aircraft, 
and prohibit the introduction of high-density mobile systems.
    The FNPRM noted that use of the secondary Space Operation 
allocation for the band is limited compared to what would normally be 
permitted under a Space Operation allocation. The Space Operation 
Service is defined in the Commission's rules as being ``concerned 
exclusively with the operation of spacecraft, in particular space 
tracking, space telemetry, and space telecommand.''
    Comments from the commercial space industry overwhelmingly support 
removal of the restrictions on non-Federal use of the band for launch 
operations. However, Boeing expressed some reservations. Federal 
agencies such as NASA, DoD, and the Department of Commerce (DoC) 
strongly oppose any changes to the restrictions on non-Federal use of 
the band. NTIA states that expanding the scope of non-Federal use of 
the band would worsen coordination efforts in an already heavily 
congested band. The Federal agencies also did not support upgrading the 
secondary non-Federal Space Operation allocation to primary status.
    The Commission concludes that it is appropriate to provide 
commercial space launch operators with access to a greater portion of 
the 2200-2290 MHz band beyond the four sub-bands currently provided. 
Most of the STAs that the Commission has issued for space launch 
telemetry in this band have regularly included use of channels that are 
outside of these four sub-channels. As all of these STAs have been 
coordinated with NTIA this indicates that coordination of use of 
channels outside of these sub-bands is achievable and that limiting use 
of 2200-2290 MHz for commercial space launches to these sub-bands does 
not fully meet the needs of the commercial space launch industry. 
Therefore, the Commission is removing the restriction of use of the 
non-Federal space operation allocation to the four sub-bands.
    However, the Commission will not upgrade the secondary non-Federal 
Space Operation allocation for the 2200-2290 MHz band to a primary 
allocation. When the Commission adopted the current secondary 
allocation for the band, the Commission noted that this would 
accomplish many of the goals it had sought to accomplish with the 
proposed primary allocation such as enabling the Commission to adopt 
service rules and issue spectrum authorizations, reduce the uncertainty 
of the launch-by-launch STA process, and permit the development of 
well-defined technical rules that licensees can design equipment to 
comply with. The Commission noted that even if it had adopted a primary 
non-Federal allocation for this band, individual launches would still 
need to be coordinated because of the heavy existing Federal use of the 
band. The Commission continues to believe for these same reasons that 
the current secondary allocation will meet the needs of the commercial 
space industry. The Commission is cognizant of the complications of 
sharing this band with the large number of Federal operations and the 
expressed preference of Federal agencies to maintain the current 
secondary allocation. In recognition of the need to work closely with 
the Commission's Federal partners in managing the use of this band, the 
Commission finds that maintaining the current secondary allocation as 
advised by NTIA is appropriate at this time.
    The Commission will add a secondary Mobile allocation to the band. 
Providing this Mobile allocation will facilitate the Commission 
adopting technical rules for space launch telemetry that follow the 
same approach that NTIA applies to Federal launches. NTIA treats 
telemetry systems during the first stage of a launch as an aeronautical 
mobile system and the second and later stages as a space operation 
system. Because many launch vehicles are used for both Federal and non-
Federal launches and many non-Federal launches occur at Federal launch 
facilities, the Commission believes it is important to have the 
flexibility to adopt technical rules that are in harmony with the 
technical standards applied to Federal launches. The secondary Mobile 
allocation the Commission is adopting for this band will be subject to 
the same restrictions as the non-Federal Space Operation allocation in 
the band. The non-Federal Mobile allocation will be restricted to use 
during pre-launch testing and space launch operations and subject to 
coordination for each launch. The only opposition to adding a Mobile 
allocation to the band came from Boeing, who expressed concern that 
adopting the Mobile allocation would prompt interest in making the band 
available for 5G and other future mobile services. Given the heavy 
restrictions on non-Federal use of this band the Commission does not 
agree with Boeing that it will be considered a candidate for commercial 
mobile use.
    The Commission will not remove the current limitation on use of the 
non-Federal Space Operation allocation to

[[Page 63299]]

pre-launch testing and space launch operations at this time. The heavy 
use of the band by Federal agencies necessitates that the Commission 
takes a cautious approach to making provisions for additional use cases 
of this band. While several commenters such as Northup Grumman and 
Axiom expressed interest in using this band for on-orbit activities, 
the record is sparse as to the technical details of these types of 
operations. The Commission does not currently have the information 
needed to reach a conclusion as to the impact of these operations on 
Federal users of the band.
    Allocation for the 5650-5925 MHz Band. The 5650-5925 MHz band is 
used for radar tracking of launch vehicles. During a launch, a radar 
transponder located on the launch vehicle is typically used to transmit 
tracking information down to the tracking station. A primary Federal 
allocation limits use of radiolocation services to military operations. 
Prior space launches that have used this band have relied on Federal 
facilities to provide tracking for launches occurring at Federal 
ranges. The band is also used by Unlicensed National Information 
Infrastructure (U-NII) devices operating under the Commission's part 15 
rules. The 5850-5925 MHz portion of the band has a primary non-Federal 
Mobile allocation limited to the Intelligent Transportation System 
radio service. While commercial use of the band remained limited at the 
time, the FNPRM sought comment on whether to adopt a non-Federal 
Radiolocation allocation for the 5650-5925 MHz band by adding a 
footnote to the U.S. Table. Of the few comments addressing this topic, 
there was no consensus on the record for adopting this allocation.
    Based on the record, the Commission concludes not to adopt a non-
Federal Radiolocation allocation for the 5650-5925 MHz band. While 
there was support for adding the allocation from some commercial space 
launch entities, interest in using the band remains low. Commenters 
failed to provide information on the number of launches likely to need 
access to this band in the future or other information requested in the 
FNPRM. In recent years only a small number of launches have obtained 
access to this band for radar transponders using STAs. As there has 
been limited use of this band in the past and the Commission has no 
reason to believe this will change in the future, there is no clear 
need to adopt this allocation. If space launch operators need access to 
this band for radar transponders, they may continue to use the STA 
process.

Licensing and Technical Rules for Space Launch Operations

    The Commission also adopts rules for the new commercial Space 
Launch Services. These rules flexibly, efficiently, and effectively 
support the evolving spectrum requirements of commercial space launch 
operations while continuing to protect vital Federal operations in the 
2025-2110 MHz and 2200-2290 MHz bands. The Commission installs a 
licensing framework that will grant nationwide, non-exclusive licenses 
to non-Federal entities that conduct space launch operations in the 
2025-2110 MHz and 2200-2290 MHz bands. The Commission also adds a new 
part 26 to its rules that codifies the rules the Commission adopts in 
the Second Report and Order for space launch operations as well as any 
related rules that it may adopt in the future for other types of space 
activities. In addition, the Commission adopts rules defining the scope 
of the service it establishes in the Second Report and Order, as well 
as the types of entities that will be eligible to hold licenses in the 
new commercial Space Launch Services. Finally, the Commission adopts 
specific licensing rules governing shared frequency use, authorized 
bandwidth, license term and renewal, application processing rules, and 
coordination requirements, as well as technical rules that will foster 
interoperability of equipment used for non-Federal and Federal launches 
and rules regarding equipment authorization. In doing so, the 
Commission recognizes that licensee pre-launch coordination with NTIA 
may necessitate additional requirements and limitations on non-Federal 
launch operations in specific instances, in addition to those it 
establishes here.

Licensing Rules for Space Launch Operations

Creation of New Rule Part 26

    The Commission creates a new rule part 26 for the new commercial 
space launch service. The record regarding the question of where to 
incorporate the rules for space launch operations is mixed, due largely 
to varying opinions as to the activities that should be included in a 
space launch operation. The Commission agrees with commenters who argue 
that a standalone rule part is more efficient and flexible than 
regulating commercial space launch operations under existing rule 
parts.
    The Commission finds that locating rules into a new part will 
provide greater clarity and ease of reference regarding commercial 
space launch operations. Establishing a rule part specific to these 
operations rather than placing rules in existing rule parts appears 
more appropriate given that launch operations, while having elements 
applicable to parts 87 and 25 depending on the launch, do not fall 
completely under either one. Creating a new rule part is also forward-
looking; as discussed infra, while the rules the Commission is adopting 
here are specific to launch operations, it is seeking additional 
comment in another rulemaking proceeding on measures that the 
Commission can take to facilitate more routine licensing for certain 
payload and space operations. The use of a standalone rule part 
therefore could be used to accommodate rules relating to other types of 
space activities to the extent the Commission adopts rules regarding 
such operations. Accordingly, the Commission finds it appropriate to 
establish a new part 26.
    Issues Overlapping with ISAM Proceeding. In the FNPRM, the 
Commission asked multiple questions related to payload communications 
in the context of space launch operations. For example, the Commission 
sought comment on whether payload operations, currently addressed 
through experimental licensing, should be addressed in part 25 of the 
Commission's rules. Because these newer commercial operations were not 
considered when many of its rules were first adopted, the Commission 
sought comment on any modifications to the current part 25 rules (e.g., 
default rules, bond requirements, fees, etc.) that may facilitate 
licensing and whether a streamlined process along the lines of the 
recently adopted process for small satellites would be appropriate for 
such operations. The Commission also asked if there are other licensing 
models that can be better suited for the needs of these payload 
operations. In response many commenters in this proceeding raised 
issues related to space operations such as on-orbit servicing (OOS), 
rendezvous, proximity space operations (RPO), Earth-escape operations, 
and lunar orbit missions, to name a few. Several of the leading 
industry operators for these types of activities, while urging the 
Commission to develop rules to better account for such space 
activities, suggested that these issues should be considered in a 
further notice of proposed rulemaking.
    The Commission notes that many of the same operators that have 
commented on the need for spectrum allocation and licensing procedures 
for novel payload activities in this proceeding have also responded to 
the Commission's Notice of Inquiry on

[[Page 63300]]

ISAM in the ISAM proceeding. ISAM refers to a set of capabilities that 
are used on-orbit, in transit, or on the surface of space bodies. 
Within the category of ISAM, ``servicing'' includes activities such as 
use of one spacecraft to inspect another, to dock with other spacecraft 
and provide support such as maintaining the station in its orbital 
location in order to extend the period of operations, or to repair or 
modify a spacecraft after its initial launch. These activities 
typically include the process of maneuvering close to and operating in 
the near vicinity of the ``client'' spacecraft, a set of activities 
often referred to as rendezvous and proximity operations (RPO). 
``Servicing'' also involves transport of a spacecraft from one orbit to 
another and debris collection and removal. While the Commission 
acknowledges that this industry is advancing rapidly, it recognizes the 
importance and benefit of in-space services that could extend the life 
of satellites, reduce orbital debris, and more. The Commission agrees 
with commenters that it should not attempt to shoehorn these activities 
into a space launch licensing regime, nor is it necessarily appropriate 
to attempt to fit these operations into rules ``designed for a previous 
space age.'' Accordingly, the Commission will continue to expand the 
record on these in-space operations through its ISAM proceeding and 
welcomes continued comment and dialogue from the regulated community as 
the Commission seeks to develop short and long-term regulatory 
procedures for these operations.

Scope of Service

    In the FNPRM, the Commission sought comment on how to define 
certain key terms for purposes of licensing commercial space launch 
operations, including ``space launch operations,'' ``space launch 
vehicle,'' and ``reentry vehicle.'' The Commission also sought comment 
on an appropriate scope for the commercial use of the 2200-2290 MHz and 
2025-2110 MHz bands.
    Space Launch-related Definitions. In requesting comment on how to 
define non-Federal ``space launch operations,'' the FNPRM noted that 
the STAs that have previously been granted have included telemetry from 
the launch vehicle and the payload, during the initial space launch, 
recovery of the booster, and the orbital and re-entry phases for 
operations such as cargo and crew delivery to and from the ISS. The 
Commission asked whether it would serve the public interest to include 
all of these operations in the definition of ``space launch 
operations,'' and whether there is a need to either limit the 
definition or further expand the definition to other space operations. 
Commenters are divided on whether ``space launch operations'' should 
encompass payload and expanded in-orbit operations, such as rendezvous 
and proximity operations, ISS docking, and space-to-space links.
    While the Commission seeks to implement rules that will provide 
greater certainty and streamline access and use of the 2200-2290 MHz 
and 2025-2110 MHz bands, the Commission also remains cognizant that the 
two bands are already heavily encumbered and that there is a need to 
proceed cautiously regarding access to the bands for activities that go 
beyond the operations of a launch vehicle. Accordingly, the Commission 
finds that it is appropriate at this juncture to limit the definition 
of commercial space launch operations to activities associated only 
with the launch and recovery or reentry of a launch vehicle, and 
exclude payload and other on-orbit communications. The Commission 
concludes that the inclusion of payload and on-orbit operations, such 
as rendezvous and proximity operations, ISS docking, and space-to-space 
links, are outside of what can fairly be considered ``space launch 
operations.'' The Commission agrees with Boeing that such ancillary 
operations are outside the scope of the launch operations addressed in 
the FNPRM. The Commission therefore declines to extend the concept of 
commercial space launch beyond the operations of a launch vehicle 
itself. Because it is not clear from the record that the bands at issue 
can support streamlined authorization and access for payload and on-
orbit operations today, the Commission is seeking further comment on 
these issues in the Second FNPRM (89 FR 6488, February 1, 2024) and 
through the Commission's ISAM proceeding, noted above.
    Instead, the Commission finds it appropriate to adopt a definition 
of ``space launch operations'' that is specific to launch vehicle 
operations. The Commission defines non-Federal ``space launch 
operations'' as any activity that places a launch vehicle, whether an 
expendable launch vehicle or a reusable launch vehicle or a reentry 
vehicle used for launch, and any payload or human being from Earth in a 
suborbital trajectory in Earth orbit, or otherwise in outer space, 
including pre-launch testing and recovery or reentry of the launch 
vehicle. The Commission finds it appropriate to broadly define ``space 
launch operations'' instead of including in the definition an 
exhaustive list of permissible operations or defining a launch by 
stages given that operations may vary from launch to launch. This 
definition is similar to the broad definition that the Commercial Space 
Launch Act, as amended, and the Federal Aviation Administration's (FAA) 
commercial space transportation rules apply to ``launch.''
    In the FNPRM, the Commission sought comment on whether and how to 
define ``launch vehicle'' for space launch operations purposes. SpaceX 
and TechFreedom advocate for the Commission to make use of its existing 
part 2 definition of ``spacecraft.'' NASA disagrees, arguing that a 
launch vehicle does not constitute a spacecraft, making the 
Commission's part 2 definition inapplicable.
    The Commission agrees with NASA that the term ``spacecraft'' is not 
appropriate. The term would not cover certain launch operations, such 
as first stages that do not go beyond the major portion of Earth's 
atmosphere or suborbital launches, but yet would encompass other 
activities, such as on-orbit missions, that the Commission is not 
including as part of a launch operation at this juncture. Instead, in 
line with the Commission's definition of ``space launch operations,'' 
it defines ``launch vehicle'' more specifically as a vehicle built to 
place a payload or human beings from Earth in a suborbital trajectory, 
in Earth orbit, or otherwise in outer space.
    In seeking comment regarding the appropriate definition for 
``launch vehicle,'' the FNPRM asked whether the Commission should draw 
on the definitions of ``expendable launch vehicle'' and ``reusable 
launch vehicle'' under part 87, and also sought comment on whether 
there should be any distinction between a ``launch vehicle'' and a 
``reentry vehicle'' for space launch purposes. Few commenters addressed 
these issues. SpaceX and Relativity urge the Commission to avoid 
drawing distinctions that may become technologically outdated, while 
NASA states that the existing part 87 definitions for ``expendable 
launch vehicle'' and ``reusable launch vehicle'' are appropriate. As 
implied in the Commission's definition for ``space launch operations,'' 
it finds that a launch vehicle could be an ``expendable launch 
vehicle,'' a ``reusable launch vehicle,'' or a ``reentry vehicle'' used 
for launch. Accordingly, it is necessary for the Commission to define 
those terms. While Sec.  87.5 of the Commission's rules provides 
definitions for ``expendable launch vehicle'' and ``reusable launch 
vehicle'' in the context of launches administered under part 87, these

[[Page 63301]]

definitions describe such launch vehicles as ``booster rockets.'' 
Because the part 87 definitions may not adequately capture the launch 
vehicles that are in use today (or in the future), the Commission 
instead finds it appropriate to adapt definitions for launch vehicles 
using definitions from the FAA's commercial space transportation rules. 
The Commission defines ``expendable launch vehicle'' as a launch 
vehicle whose propulsive stages are used only once, and ``reusable 
launch vehicle'' as a launch vehicle that is designed to return to 
Earth substantially intact and may be launched more than one time or 
that contains vehicle stages that may be recovered by a launch operator 
for future use. Because it is feasible for commercial operators to 
conduct operations with a vehicle that cannot be solely described as a 
reusable launch vehicle (for example, the vehicle has the ability to be 
used for purposes other than launch), the Commission finds it 
appropriate to also include ``reentry vehicle'' and to adopt a 
definition similar to the FAA's definition of ``reentry vehicle'' as a 
vehicle designed to return from Earth orbit or outer space to Earth 
substantially intact. The Commission notes that because ``reentry 
vehicle'' under this definition could be applicable to either a launch 
vehicle or spacecraft designed to be capable of reentry, the Commission 
specifies that a reentry vehicle is regarded as a launch vehicle in the 
context of a space launch operation only to the extent that it is being 
used for launch purposes.
    Permissible operations. In the FNPRM, the Commission noted that the 
Report and Order limited non-Federal use in the 2200-2290 MHz band to 
telemetry and tracking operations of launch vehicles during pre-launch 
testing and launch operations. Because the 2200-2290 MHz allocation was 
originally limited to the 2208.5-2213.5 MHz, 2212.5-2217.5 MHz, 2270-
2275 MHz, and 2285-2290 MHz sub-bands, the FNPRM sought comment on 
whether the Commission should remove any presumptive limitation to the 
four sub-bands in the service rules to the extent that the Commission 
permits use beyond the original four sub-bands. Further, the FNPRM also 
proposed to restrict the commercial launch use of the 2025-2110 MHz 
band to telecommand uplink transmissions from the ground controller 
stations to the space launch vehicle. Noting the heavy usage of this 
band by BAS, CARS, and LTTS operations, as well as by Federal entities 
for space operations, Earth exploration satellite, space research, 
fixed, and mobile uses, the FNPRM asked whether it is feasible to 
accommodate uses in addition to the space launch telecommand uses.
    The Commission will clarify in its service rules that the use of 
the entire 2200-2290 MHz band is permissible for all launch vehicle-to-
ground communications associated with telemetry and tracking 
operations, and the 2025-2110 MHz band is available for all ground-to-
launch vehicle telecommand uses necessary to support space launch 
operations. As discussed above in section III.A., the Commission is 
revising Footnote US96 to enable use of the entire 2200-2290 MHz band. 
Accordingly, the Commission finds that it is necessary to also make 
clear in its service rules, in addition to the changes made to Footnote 
US96, that space launch telemetry activities are permitted throughout 
the band.
    Further, given that the 2025-2110 MHz band is heavily used, the 
Commission finds it necessary to limit the band to telecommand 
operations. Given the increasingly heavy use of the 2025-2110 MHz band 
and the importance in ensuring that incumbent operations are adequately 
protected, the Commission finds that it should not expand space launch 
uses beyond telecommand for this band.
    Permissible uses for the 2200-2290 MHz and 2025-2110 MHz bands, 
therefore, will be limited to telemetry, tracking, and command 
activities for space launch operations. Telemetry, tracking, and 
command necessary to support space launch operations may include, but 
are not limited to: (1) pre-launch testing, such as pre-flight checks, 
ground testing, and telemetry; (2) vehicle tracking, including the 
transmission of parameter data from a launch vehicle to ground; (3) 
telecommand signals for propulsive maneuvering of a launch vehicle and 
separation of payload from launch vehicle; and (4) telecommand signals 
for propulsive maneuvering of a reentry vehicle for return and 
recovery.
    The Commission emphasizes that these telemetry, tracking, and 
command communications are authorized only during space launch 
operations as defined above. This includes preparation for launch, 
launch of the launch vehicle, the launch vehicle's flight path, release 
of payload, and recovery or reentry of the launch vehicle. On-orbit 
communications after a launch vehicle separates from its payload are 
outside the scope of the service the Commission adopts today. The 
Commission recognizes that there may be circumstances where telemetry, 
tracking, or command activities may be necessary for the incidental 
orbital period of a launch vehicle before or after it has separated 
from its payload. The Commission will allow such incidental use only to 
the extent necessary to successfully complete a launch operation. 
However, incidental use must be limited only to the extent necessary, 
and communications on these frequencies that are not related to space 
launch operations as defined are not permitted.
    Launch Vehicle-Satellite Communications. In the FNPRM, the 
Commission sought comment on the possibility of authorizing 
communications between space launch vehicles and satellite systems used 
for data relay, noting that radios designed as earth stations for 
communications with the Globalstar or Iridium satellite systems have 
been used on space launch vehicles in order to utilize those systems 
for data relay, including for telemetry, tracking, and command (TT&C) 
purposes. Given this, the Commission asked whether these types of 
operations should continue to be licensed on an experimental basis. In 
response to these questions, Globalstar asserted that authorization for 
these types of operations in the L-band at 1610-1626 MHz should 
continue on an experimental basis only, given the limited number of 
launch vehicle customers and limited nature of the message traffic. 
Several other commenters generally voiced support for allowing such 
operations, while others noted concerns. The Commission agrees with 
Globalstar that currently the experimental licensing process serves as 
an adequate mechanism for licensing these types of communications. As 
Globalstar points out, current demand for these operations is limited.

Eligibility

    In the FNPRM, the Commission sought comment about the appropriate 
eligibility criteria for holding commercial space launch licenses. The 
Commission proposed to use the supplemental eligibility criteria for 
part 87 flight test stations as a model for eligibility criteria.
    After reviewing the record, the Commission adopts a modified 
version of the part 87 model and FNPRM proposal. Specifically, in order 
to be eligible to hold a commercial space launch license, an applicant 
must qualify as one of the following: a non-Federal entity that 
conducts space launch operations, or a parent of such entity or a 
subsidiary of such entity if either conducts space launch operations. 
Commenters expressed unanimous support for providing

[[Page 63302]]

eligibility for commercial space launch licenses to those individuals 
and entities that conduct space launch operations.
    The Commission declines to extend eligibility at this time to 
educational institutions and persons engaged in the design, 
development, modification, and flight test evaluation of a launch or 
reentry vehicle or launch or reentry vehicle components, as proposed in 
the FNPRM.
    Commenters expressed concerns over extending eligibility in this 
fashion, arguing, for example, that such operations would be difficult 
to monitor and control. Given the congested nature of the bands at 
issue, the Commission opts to limit eligibility for permanent 
authorization at this time to only those entities that conduct 
commercial space launch operations, as recommended by NTIA/NASA. The 
Commission may revisit its eligibility criteria in the future, if 
needed.
    The Commission also declines to require commercial space launch 
license applicants to include a separate certification with their 
application to establish eligibility. As Boeing observed, license 
applicants using Form 601 already must certify as to their eligibility 
to hold the license for which they are applying. General Certification 
Statement 7 on Form 601 requires the applicant certify that ``it has 
reviewed the appropriate Commission Rules defining eligibility to hold 
the requested license(s), and is eligible to hold the requested 
license(s).'' The Commission concludes that requiring a separate 
eligibility certification would be a superfluous requirement for 
license applicants.

Shared Frequency Use and Cooperative Use of Facilities

    Consistent with the Commission's decision to allocate the 2025-2110 
MHz band for commercial space launch operations on a secondary basis 
and modify the allocation of the 2200-2290 MHz band, the Commission 
adopts its proposal to provide non-Federal space launch operators 
access to both bands on a shared, non-exclusive basis. The Commission 
understands that these allocations will be used by space launch 
operators to conduct telemetry, tracking, and command operations of 
launch vehicles during pre-launch testing and space launch operations 
and that they will more than often be working with the same launch site 
operators given the finite number of suitable launch sites. As the 
Commission noted in the FNPRM, given the potential for many different 
launch vehicle operators to use a given launch facility, authorizing 
commercial space operations on a shared and cooperative basis appears 
to be a reasonable approach for providing spectrum access to multiple 
space launch entities. The Commission finds therefore that providing 
access on a shared, non-exclusive basis will offer the burgeoning 
commercial space launch industry a more predictable, collaborative, and 
flexible means of gaining access to spectrum, one that will provide 
greater regulatory certainty and foster continued growth in this 
sector. The Commission's decision is supported by the record in this 
proceeding as the majority of commenters filed in support of spectrum 
sharing on a non-exclusive basis through the use of coordination 
techniques.
    The Commission received few responses to the question raised in the 
FNRPM regarding whether it should adopt a non-discrimination policy for 
all space launch operations similar to the rule imposed by the part 87 
rules on access to flight test facilities and none of these commenters 
support imposing such a requirement. The Commission agrees with Boeing 
that the cooperative use of space launch facilities are more 
appropriately addressed through the use of private contractual 
arrangements and will not impose a non-discrimination policy in this 
context. Moreover, because the Commission grants licenses on a shared, 
non-exclusive basis at a nationwide level, the Commission will not be 
issuing only a single site-based authorization per launch site, which, 
as SpaceX points out, obviates the need for the Commission to adopt a 
non-discrimination requirement because launch vehicle operators will 
have other sites around the country to choose from.

Licensing

    In the FNPRM, the Commission indicated that its goals in licensing 
space launch operations are two-fold: (1) to encourage innovations and 
investments in the U.S. space commerce; and (2) to ensure a regulatory 
environment conducive to the establishment of a competitive U.S. 
commercial space launch sector while protecting Federal and other users 
in the bands. To meet these goals and to facilitate the shared spectrum 
access approach discussed above, the Commission will issue space launch 
licenses on a nationwide, non-exclusive basis.
    The Commission sought comment on various licensing models with the 
aim of providing regulatory certainty in the marketplace while 
minimizing administrative burdens and duplicative regulations. 
Specifically, the Commission asked commenters whether it should 
consider applying a site-based licensing model in a shared use 
situation as fixed, well-defined areas of operation can simplify 
coordination during the application process for services requiring 
frequency coordination, and facilitate intensive spectrum sharing. The 
Commission also suggested that a site-based approach would enable 
stakeholders to identify quickly licensees in the band and their 
specific areas of operation in the event interference issues arise thus 
allowing parties to resolve such issues in the shortest timeframe 
practicable.
    The Commission also sought comment on other licensing models that 
may be suitable in the space launch operations context. Among other 
things, the Commission asked whether it should consider a new approach 
combining various aspects of space-based services and aeronautical 
service licensing rules or whether it would be appropriate to license 
space launch vehicles similar to space stations and their communicating 
ground/earth stations on a single or multiple site basis. In addition 
to inquiring about conditioning ground/earth station operations on the 
filing of a certification that any required frequency coordination has 
been satisfactorily completed prior to a space launch, the Commission 
asked whether it could license space launch operations in a manner 
similar to previous licensing models applicable to certain wireless 
services such as the 3650-3700 MHz band. In doing so, the Commission 
sought to provide space launch operators access to various spectrum 
bands on a non-exclusive, yet protected, basis, subject to measures 
designed to promote shared use of spectrum, such as a registration and 
frequency coordination requirement prior to each launch. The FNRPM also 
considered ways to reduce potential administrative burdens and 
streamline the information that would be needed for initial licensing 
and then registration and coordination prior to a planned launch.
    As discussed above, the Commission finds that space launch access 
to spectrum on a shared basis is appropriate and finds that permitting 
such access on a nationwide basis similar to the licensing mechanism 
established for the 3650-3700 MHz band is also warranted. There is wide 
support in the record for licensing commercial space launch operations 
on a nationwide, non-exclusive basis covering related launch vehicles 
across multiple launch sites. The Commission finds that such an 
approach will give certainty to licensees and provide the efficiencies 
of scale and scope that will

[[Page 63303]]

spur innovation, investment, and rapid deployment of space launch 
services.
    The Commission also agrees with commenters who assert that a 
licensing framework based on nationwide, non-exclusive licenses offers 
a number of distinct advantages over a site-based licensing regime. In 
short, the record shows that a single nationwide, non-exclusive license 
offers greater administrative and regulatory efficiencies than either a 
site-based licensing regime or the arduous STA process, particularly as 
the volume of commercial space launch activities continues to grow.
    Nationwide licensing offers the advantages of a simpler, more 
streamlined application process that shifts the burden of information 
collection from the licensing stage to post-licensing site registration 
and per-launch coordination with the relevant Federal and non-Federal 
entities. Moreover, nationwide, non-exclusive licensing offers space 
launch operators the benefit of only having to file a single license to 
cover a range of different launch sites shared by multiple co-frequency 
operators, a far more straightforward process than the site-by-site STA 
process. The Commission agrees with SpaceX that granting a series of 
authorizations by site, frequency band, and mission phase would create 
unnecessary burdens and that structuring the license in a comprehensive 
way enables each launch provider to have a ``single, all-in-one 
authorization'' to cover all of its activities thereby obviating the 
need for multiple licenses to cover different launch sites, different 
recovery sites, and different launch vehicles.
    From an operational standpoint, nationwide licensing offers space 
launch operators the flexibility to accommodate future expansion in the 
space launch industry as more launch sites (Federal or non-Federal) are 
constructed, new and improved launch vehicle technologies are 
introduced, and the number of licensees operating in the bands 
continues to grow. As ULA notes, nationwide licensing affords space 
launch operators the operational flexibility to launch from any U.S. 
launch site to account for the multitude of variables, including 
weather delays, payload changes, orbital-path and/or destination 
shifts, and other ``uncontrollable'' factors that can affect the 
location and timing of launches. Such flexibility is critical as launch 
vehicle operators are not always the same entity as the launch site 
operator, with variability from launch-to-launch in terms of the 
entities involved on any given launch on any given date and time.
    Prospectively, nationwide, non-exclusive licensing also could 
provide the Commission with a strong foundation to build upon as it 
develops a regulatory scheme that will accommodate space-to-space 
communications through the record being developed by the Second FNPRM. 
With the input of Federal and non-Federal stakeholders, the Commission 
anticipates that it will develop a record to determine the best path 
forward for licensing on-orbit services, including RPO and OOS. As 
discussed in further details below, the Commission would pair a 
nationwide licensing scheme with post-licensing coordination to ensure 
cooperation with and avoid harmful interference to co-frequency 
entities. Post-licensing coordination under this framework would permit 
non-Federal licensees who are sharing the frequency bands to address 
specific areas of operation associated with each specific launch 
(launch site location and corresponding stations, launch vehicle, in-
flight trajectories or coordinates, etc.) in a manner similar to 
existing coordination processes.
    The Commission concludes that the 3650-3700 MHz licensing framework 
that authorized nationwide, non-exclusive licenses for terrestrial 
operations on a cooperative shared basis offers a suitable template to 
license commercial space launch operations in a similar streamlined 
fashion. The Commission bases this conclusion on the unique nature of 
the service, including the variability of launches. The Commission 
agrees with the Satellite Industry Association (SIA) that a modified 
version of the 3650-3700 MHz licensing model would provide a good 
licensing framework for space launch operators to obtain nationwide, 
non-exclusive licenses for shared spectrum use. The Commission also 
agrees with ULA that it should apply elements of the 3650-3700 MHz 
licensing framework, including the requirement that operators can 
obtain a nationwide license only if they agree to cooperate with and 
avoid harmful interference to co-frequency licensees and cannot 
commence operations until they register the sites affiliated with their 
launch service. In the 3650-3700 MHz proceeding, the Commission 
indicated that nationwide, non-exclusive licenses would serve as a 
prerequisite for registering individual fixed and base stations, i.e., 
a licensee cannot operate a fixed or base station before registering it 
under its license and must delete registrations for unused fixed or 
base stations to facilitate proper coordination.
    Like the 3650-3700 MHz licensing regime, any space launch operator 
interested in obtaining a nationwide, non-exclusive license can do so 
on the condition that they agree to cooperate with and avoid harmful 
interference to co-frequency entities and complete coordination efforts 
to avoid in-band interference, including providing the information 
necessary to conduct coordination via site registration. All commercial 
space launch licensees in the band will have equal rights to the use of 
the spectrum as long as they comply with all applicable licensing, 
service, and operating rules but all the licensees will have a mutual 
obligation to cooperate and avoid causing harmful interference to other 
users in the band. Applicant qualification for non-exclusive nationwide 
wireless licenses in the space launch service will be assessed in 
accordance with FCC Form 601 and Commission rules. There will be no 
limit to the number of non-exclusive nationwide wireless licenses that 
may be granted for the spectrum allocated to commercial space launch 
services, and these licenses will serve as a prerequisite for 
registering launch sites and operational parameters, space launch 
vehicle stations, individual ground/earth stations, and itinerant 
stations needed to support a launch. The Commission notes that the 
registration process will be streamlined to the extent possible and 
will be done electronically through the Universal Licensing System 
(ULS) as suggested by several commenters. The initial filing date for 
these commercial space launch licenses, along with directions on how to 
use the ULS, will be announced in a future Wireless Telecommunications 
Bureau (WTB) Public Notice. The Commission notes that in order to keep 
the ULS licensing and registration database for space launch services 
accurate and up-to-date, the Commission delegates to the WTB the 
authority to adopt rules regarding the reporting of database 
information including reporting of any license or secondary markets 
transactions. WTB will issue a Public Notice seeking comment on these 
issues, as appropriate.
    As stated above, the Commission is hereby creating a new rule part 
26 that will set forth the licensing, operation, and service rules for 
the space launch service. With respect to their regulatory status under 
the Communications Act, space launch service licensees operating in 
these shared use bands will be providing services on a non-common 
carrier basis after they obtain their

[[Page 63304]]

licenses and register the launch site and corresponding fixed, base, 
and itinerant stations as well as mobile stations associated with the 
launch vehicle to comply with post-license grant coordination 
requirements. Consistent with the non-exclusive nature of the licensing 
scheme the Commission is adopting here, it will not impose any spectrum 
aggregation limits, either in-band or out-of-band, or eligibility 
restrictions other than the eligibility criteria discussed above and 
statutory foreign ownership restrictions. All potential space launch 
service providers will have equal access to these bands and by opening 
this spectrum to as wide a range of eligible applicants as possible, 
the Commission aims to encourage new entry and investment as well as 
entrepreneurial efforts to develop new launch-related technologies and 
services, while helping to ensure efficient spectrum use. The 
Commission further believes that this approach will promote economic 
opportunity and competition in the subject bands. The Commission will 
not impose a performance or build-out requirement because space launch 
sites and launch vehicles may vary from launch to launch, making 
specific construction requirements impractical. Of course, any 
interested party is free to, depending on the site, construct 
facilities and may operate according to its particular business plan at 
any time, as long as it has a valid wireless license, registers its 
stations, and complies with coordination requirements as well as other 
applicable rules. However, the Commission strongly expects space launch 
service providers to consult with NTIA in advance of commencing 
construction on a new launch site. The Commission concludes such a 
consultation is in the provider's best interest, as providers will have 
the information needed from NTIA to make an informed decision about 
whether to proceed with construction at a given site. Although the 
Commission does not impose a performance requirement, it will require 
that space launch licensees delete registrations for unused sites and 
unused fixed, base, itinerant, and mobile stations in order to maintain 
ULS database integrity and facilitate efficient coordination between 
licensees.
    Any eligible party may apply at any time for a license in these 
frequency bands regardless of the presence of other licensees in the 
geographic area where it intends to use the spectrum and licensees may 
assign or transfer their non-exclusive nationwide authorizations, upon 
application to and prior approval from the Commission. However, the 
Commission's decision to license the space launch services on a non-
exclusive nationwide basis obviates the need to adopt partitioning and 
disaggregation provisions because partitioning and disaggregation is 
only pertinent in geographic licensing settings where the licensee has 
exclusive use of a particular area. For similar reasons, the Commission 
need not make its spectrum leasing rules applicable to licensees 
because the non-exclusive licensing scheme the Commission employs here, 
coupled with the required post-license coordination, permits a high 
degree of access and spectrum re-use in these bands by multiple users, 
while minimizing the likelihood of harmful interference. Accordingly, 
the spectrum leasing arrangements described in the Secondary Markets 
Report and Order (68 FR 66252, November 25, 2003) are not applicable, 
and the Commission does not see a need to apply those spectrum leasing 
rules and policies to this spectrum at this time.

Authorized Bandwidth

    In the FNPRM, the Commission proposed to grant licenses for 
commercial space launch operations using a 5 megahertz bandwidth for 
the 2200-2290 MHz band and sought comment on the appropriate bandwidth 
for the 2025-2110 MHz band. The Commission also sought comment on 
whether to permit licensees to use larger bandwidths upon adequate 
justification, and also on whether to authorize operations using a 
range of bandwidths instead of a fixed bandwidth of 5 megahertz. After 
reviewing the record, as well as the space launch operations the 
Commission has licensed on experimental bases to date, the Commission 
will issue licenses of any bandwidth a licensee chooses, up to 5 
megahertz, for both bands. In the event a licensee requires a bandwidth 
greater than 5 megahertz, the Commission will authorize a bandwidth 
exceeding 5 megahertz upon adequate justification for why such 
bandwidth is necessary for space launch operations in a particular 
launch. For purposes of such requests, licensees must demonstrate that 
the bandwidth requested is that which is necessary to accomplish the 
specific telemetry, tracking, or command operation(s) at issue. This 
framework is similar to the Commission's licensing of the 2360-2395 MHz 
band space launch telemetry and telecommand operations, which are 
licensed on a range of bandwidths capped at 5 megahertz, with larger 
bandwidths available on a case-by-case basis.
    Given that the majority of requests for experimental licenses for 
the 2200-2290 MHz band to date have requested bandwidths smaller than 5 
megahertz, the Commission finds it appropriate to impose a 5 megahertz 
maximum bandwidth limitation. In light of the existing usage of this 
band, the Commission finds it appropriate to limit the authorized 
bandwidth to only that which is generally necessary for a launch. The 
Commission notes that the limit for Federal space launches using the 
2200-2290 megahertz band is 5 megahertz, and NASA supports applying a 5 
megahertz maximum bandwidth to non-Federal launch operations as well. 
While there was limited discussion in the record regarding the 
appropriate bandwidth limit for the 2025-2110 MHz band, NOAA notes that 
Federal entities are limited to a maximum bandwidth of 5 megahertz in 
both the 2025-2110 MHz and 2200-2290 MHz bands in order to reduce 
congestion and to ensure compatibility with existing operations. The 
Commission concludes that it would be appropriate to apply a 5 
megahertz limit to non-Federal uses of the 2025-2110 MHz band for these 
reasons as well. While some industry commenters advocated for an 
authorized bandwidth exceeding 5 megahertz, the Commission finds that a 
5 megahertz limit for both the 2025-2110 MHz band and the 2200-2290 MHz 
band will help to lessen impacts to other users in these bands, and put 
commercial space launch operators on par with Federal entities as well 
as those using the 2360-2395 MHz band for launch operations. And as 
explained below, the Commission is allowing licensees to exceed the 5 
megahertz bandwidth to the extent they can demonstrate such additional 
bandwidth is necessary for a given launch.
    Further, the Commission finds that allowing licensees to choose 
their own bandwidth, up to 5 megahertz, will provide licensees with the 
flexibility to undertake a variety of commercial space launch 
activities, including future industry developments. No commenters 
opposed this approach, while NASA supports allowing non-Federal users 
to use any bandwidth up to and including 5 megahertz, noting that the 
narrower emissions will be easier to coordinate with existing Federal 
users. For those reasons, the Commission will allow licensees to choose 
a bandwidth of any size, up to 5 megahertz.
    While the Commission finds that it should impose a maximum 
bandwidth of 5 megahertz as a means to help lessen the impact of 
commercial space launch operations on these bands, the

[[Page 63305]]

Commission is aware that there may be instances when wider bandwidths 
may be necessary for a given launch. The Commission therefore finds it 
appropriate to permit commercial space launch operators to use 
bandwidths exceeding 5 megahertz on a case-by-case basis. Several 
commenters advocate for bandwidths exceeding 5 megahertz. Conversely, 
NASA argues that authorized bandwidth should be capped at 5 megahertz, 
arguing that the same restriction applies to Federal users in the 2200-
2290 MHz range. However, bandwidths exceeding 5 megahertz in the 2200-
2290 MHz band are available to Federal users upon adequate 
justification. In addition, commercial launches in the 2200-2290 MHz 
range using bandwidths exceeding 5 megahertz have been successfully 
coordinated with NTIA in the past. Similarly, as noted, although launch 
operations in the 2360-2395 MHz band have a limit of 5 megahertz, the 
Commission's rules permit applicants to seek authorization for wider 
bandwidths.
    Accordingly, for those commercial space launch operators seeking 
authorizations for bandwidths exceeding 5 megahertz in the 2200-2290 
MHz and 2025-2100 MHz bands, the Commission will apply the NTIA 
framework for such requests. Specifically, the requesting space launch 
operator shall submit a justification as part of the registration 
process for a launch on why the requested bandwidth is necessary for 
the specific TT&C space launch operation, including an explanation of 
why the operator's requirements cannot be satisfied using a bandwidth 
of 5 megahertz or less. The applicant's justification will be carefully 
assessed to determine whether a request for bandwidth in excess of 5 
megahertz for a given launch will be granted. Such requests will not be 
routinely granted given the goal of limiting impacts to other users in 
the band. As discussed below, all launch operations must be 
coordinated; the Commission notes that, given the heavy usage of these 
bands, it may be difficult to successfully coordinate operations 
involving requests for bandwidths greater than 5 megahertz.

License Term and Renewal

    The Commission adopts a ten-year license term for commercial space 
launch operations. In the FNPRM, the Commission tentatively concluded 
that a ten-year term would provide sufficient certainty and flexibility 
for space launch providers. The Commission has applied ten-year license 
terms to similar services, such as part 87 aviation, part 90 
radiolocation, and part 90 telemetry and remote control operations. 
More generally, ten-year license terms are common among the 
Commission's various wireless services.
    Several commenters support the Commission's ten-year term proposal 
while others advocate for a 15-year license term. The Commission does 
not agree that a longer 15-year term is necessary for commercial space 
launch operations. Regarding space stations and earth stations, the 
operation of satellite communications under part 25 presents a distinct 
set of factors from space launch considerations, including the scope 
and extent of deployment. Although the Commission has also adopted 15-
year license terms under certain circumstances for non-satellite 
wireless services, it has done so to address circumstances not present 
here, such as the complexities surrounding 5G deployment, relocation 
and repacking of incumbent operations, and support for network 
expansion and densification. The Commission instead agrees with SIA 
that a ten-year term is sufficient to provide launch operators with the 
certainty of a longer license term, and will encourage launch operators 
to make long-term investments. And while the Commission seeks to 
provide commercial space launch operators with as much certainty as 
possible, the Commission also finds it necessary to set timeframes that 
will enable us to adequately verify that licensees are operating within 
their authorized parameters. Given the congested nature of the bands at 
issue, the Commission conclude that such review should take place after 
ten years, not 15.
    Given the heavy use of these bands, the Commission also finds it 
appropriate to require space launch operators to demonstrate that they 
qualify for license renewal. In 2017, the Commission harmonized the 
renewal processes for numerous Wireless Radio Services (WRS). The 
Commission determined that a site-based WRS licensee would meet the 
Commission's renewal standard if it could certify that it is continuing 
to operate consistent with its most recently filed construction 
notification (or most recent authorization, when no construction 
notification is required), and make certifications regarding permanent 
discontinuance and substantial compliance with Commission rules and 
policies. The Commission also provided that, for geographic-based 
licenses to qualify for renewal at the end of an initial license term, 
the licensee must show that it timely constructed to any level(s) 
required by the service-specific rules for either provision of service 
to the public or for the licensee's private and internal needs, and, 
thereafter, consistent with the Commission's permanent discontinuance 
rules, continuously provided service or operated at or above the 
required level(s) for the remainder of the license term. The WRS Order 
(82 FR 41530, September 1, 2017) does not apply to Wireless Radio 
Services that are licensed by rule or on a ``personal'' basis or that 
have no construction/performance obligation.
    Because launch operations are dissimilar to most other wireless 
services, the Commission does not find it appropriate to apply to 
commercial space launch licensees the same renewal standards that are 
applied to geographic-based or site-based WRS licensees. Instead, a 
commercial space launch licensee will be entitled to renewal if it 
remains otherwise qualified and can certify that (1) it has operated 
and is continuing to operate consistent with Commission rules and the 
terms of its existing authorization, and (2) it has complied with the 
required coordination throughout its license term. Given the nature of 
space launch operations (for example, there may be significant periods 
of time between launches), the Commission will not apply discontinuance 
of operations rules.
    Most of those commenting on this issue support a presumptive 
renewal expectancy and oppose renewal showings. Commenters that oppose 
the use of a renewal showing claim that one is not necessary given the 
non-exclusive nature of the band, which, commenters claim, prevents 
spectrum warehousing by itself. While the Commission agrees that a non-
exclusive band presents different considerations from an exclusive 
licensing regime, the Commission concludes that imposing this 
requirement will aid us in verifying that space launch entities are 
operating within licensed parameters, thereby helping to manage use and 
prevent interference within congested bands. As noted in the FNPRM, the 
Commission concludes that requiring a renewal showing from commercial 
space launch entities would facilitate efficient spectrum use by 
ensuring that licensees use the spectrum productively, collaboratively, 
and in compliance with Commission rules. For that reason, the 
Commission adopts the aforementioned renewal standard.

Application Process

    The Commission concludes that it serves the public interest and the

[[Page 63306]]

Commission's policy objectives to promote innovation and investment in 
the United States commercial space launch industry by assigning non-
exclusive nationwide licenses for the space launch services which will 
not result in mutually exclusive applications and therefore will not be 
subject to the competitive bidding requirements of section 309(j) of 
the Communications Act. Consistent with the Commission's decision to 
adopt a non-exclusive nationwide licensing scheme, the Commission will 
adopt an application process modeled after the 3650-3700 MHz licensing 
framework to permit space launch operators access to various spectrum 
bands on a non-exclusive basis, subject to measures designed to promote 
shared use of spectrum, that will impose a post-license grant frequency 
coordination and registration requirement prior to each launch.
    Application Form and Licensing Database. Building on the 
Commission's decision to utilize a modified version of the 3650-3700 
MHz licensing model, it will require space launch operators to apply 
for and obtain a nationwide, non-exclusive license in ULS. Once 
licensed, space launch operators, working through a third-party 
coordinator, must coordinate each launch with NTIA and other non-
Federal users, as discussed infra. After that per-launch, per-site 
coordination process has been successfully completed, space launch 
operators must then register in ULS the technical and operating 
parameters associated with the coordinated launches. Only after the 
final technical parameters of a given launch are registered under their 
license can space launch operators commence their launch service 
subject to the condition that they re-coordinate a launch if 
operational details change and agree to maintain and update those 
registered sites and stations, including deleting any unused or 
superseded launch site or station information to facilitate 
coordination. The information required for the application, 
coordination and registration processes will be identified in a Public 
Notice.
    A number of commenters weighed in on the use of a common database 
to receive applications for launch operators seeking authorization to 
provide commercial space launch services and to register terrestrial 
sites and associated stations. Several commenters advocated for the use 
of the Commission's existing licensing databases, Universal Licensing 
System (ULS) or International Communications Filing System (ICFS), and 
their associated forms and schedules. The Commission agrees with Boeing 
that requiring applicants to file FCC Form 601 and its associated 
schedules through the ULS would be expedient and administratively 
efficient and notes that the 3650-3700 MHz band upon which it is basing 
the Commission's licensing approach has been successfully administered 
through ULS. The Commission therefore declines to use Form 312 and 
Schedule S and ICFS at this time. While several commenters urged the 
Commission to consider using FCC Form 312 and Schedule S in the ICFS 
system in line with part 25 authorizations, the Commission agrees with 
Boeing that Form 312 and Schedule S would require significant revisions 
to accommodate space launch licenses, changes that would be difficult 
to implement with the older ICFS software. The Commission also finds 
using the ULS database to field applications is consistent with its 
decision to create a new rule part 26 for the space launch service 
rather than shoehorning a unique and fast developing service into 
existing rule parts like part 87, 90, or 25.
    Filing requirements and station registration to facilitate post-
licensing coordination with frequency coordinators and NTIA/DoD. The 
Commission received only a few comments regarding the information that 
applicants should provide in an application. The Commission finds that 
these comments have merit, but that technical data such as frequencies 
would be most useful for coordinating and registering specific 
launches. For purposes of applying for the nationwide, non-exclusive 
license, the Commission finds that it is only necessary for launch 
providers to provide administrative information and later register data 
associated with a specific launch operation, such as the name of the 
launch sites and their latitude, longitude, address, corresponding 
stations, and area of operation for mobile stations. Indeed, data such 
as frequencies and technical parameters will vary from launch to launch 
and are not necessary for assessing an application for a nationwide, 
non-exclusive license.
    The Commission will delegate to the WTB the authority to further 
review and refine the filing process. As stated previously, the initial 
filing date for these commercial space launch applications, along with 
directions on how to use the ULS, will be announced in a future WTB 
Public Notice. Correspondingly, the Commission also delegates to the 
WTB the authority to specify application information, to make any 
necessary modifications to the FCC Form 601 and its related schedules, 
including any reprogramming of the ULS software, to accommodate the 
application and post-license site and station registration and 
frequency coordination process prior to each launch. The WTB will issue 
a Public Notice, in consultation with the Space Bureau and Office of 
Engineering and Technology, seeking comment on these issues, as 
appropriate, to further refine the Commission's online application 
process and accommodate frequency coordination.
    As discussed infra, the Commission will require space launch 
operators to coordinate every launch with applicable Federal and non-
Federal entities. While the WTB after seeking comment will issue a 
Public Notice identifying information that will be required with 
respect to the application and coordination processes as well as post-
license grant registrations, licensees will likely be expected to 
provide, at a minimum, the same operational and technical parameters 
currently required of applicants seeking special temporary authority 
for their space launches to facilitate post-licensing coordination. The 
Commission anticipates that licensees will identify requisite site and 
station information, including the specific coordinates of fixed, base, 
and itinerant stations (e.g., latitude and longitude), frequency 
channels, launch trajectories, launch window or planned launch date, 
and any other technical and operational information (e.g., antenna 
characteristics, power levels, emission designators, launch vehicle 
trajectory) needed by a third-party frequency coordinator to submit the 
launch coordination request to the relevant non-Federal and Federal 
entities. Other information could include coordinates and operational 
parameters of the earth/ground stations launch operators will be using 
to provide service at a particular launch site, including whether the 
sites are Federal or FAA-licensed commercial spaceports or non-Federal 
launch sites (e.g., Spaceport America in New Mexico and Mojave Air and 
Space Port in California). Operators may also be asked to provide any 
coordination agreements that they have already entered into with co-
frequency entities or successfully completed coordination conducted by 
the designated frequency coordinator. As part of this post-license 
grant coordination process, launch providers must consistent with the 
Commission's service rules comply with the continuing obligation to 
update their licenses to ensure proper coordination. As noted, the WTB 
Public Notice will

[[Page 63307]]

seek comment on collection of this coordination data as well.
    Space Launch Vehicle Operations with Earth Stations Outside the 
United States. The Commission agrees with commenters that any launch 
vehicle operator that requires communication with a foreign earth 
station must obtain the necessary approvals for operations of the earth 
station from the appropriate regulatory body in that country. However, 
this does not mean that the launch vehicle can be correctly viewed as 
licensed by that same regulatory body. The Commission is unaware of any 
International Telecommunications Commission (ITU) Administration that 
views a U.S. launch vehicle upper stage as a station subject to its 
licensing (See Article 18.1) simply because it communicates with an 
earth station within its territory, and similarly this is not the 
approach taken for non-U.S. launch vehicles communicating with U.S. 
earth stations. More generally the Commission's current licensing of 
space stations, including under parts 5, 25, and 97, accounts for space 
station operations with earth stations outside the United States. The 
conditions that the Commission places on a satellite license continue 
to be in effect for the duration of satellite operations regardless of 
whether the satellite communicates with non-U.S. licensed earth 
stations, and in some circumstances the space station authorization may 
involve communications exclusively with earth stations outside the 
United States.
    Operations Inside the United States with non-United States Space 
Launch Vehicles. The commission received limited comments on this 
issue. The Commission agrees with Boeing that there may not be a 
current demand for these types of communications. The Commission 
concludes that it can address any requests for these communications 
through the experimental licensing process for the time being. The 
Commission believes this approach addresses Astra Space's comments as 
well by providing an avenue for operators to seek authorization.
    ITU Process. Commenters generally oppose requiring submissions to 
the ITU related to space launch operations. The Commission agrees with 
commenters that under current circumstances many U.S.-based space 
launches may not result in the realistic potential for international 
harmful interference, particularly with respect to the first stage of a 
launch vehicle or a single stage launch vehicle, for which radio 
operations may be limited to line-of-sight communications with ground 
stations in U.S. territory and occur while the launch vehicle is over 
oceanic areas. As such, engaging in a filing process with the ITU might 
be viewed as an unnecessary administrative hurdle, and any interference 
concerns can be addressed bilaterally with adjacent countries. However, 
the Commission also recognizes its duty to carry out the United States' 
treaty obligations as a ratifying member of the ITU convention, and 
that this includes an obligation to ensure that U.S.-licensed 
operations do not cause harmful interference on an international scale. 
This concern is of greater significance for launch vehicle upper stage 
operations involving earth stations outside the United States, as those 
operations do present the potential for interference in multiple 
countries. These competing considerations must be taken into account in 
determining whether ITU filings should either be uniformly required for 
licensed part 26 operations, or whether operators should be exempted 
from such requirements.
    A third option is to require applicants to submit appropriate draft 
documentation for submission to the ITU on a case-by-case basis, as is 
the current practice, if the scope and nature of the space launch 
operations would have the potential to cause harmful interference in 
another country. For example, the Commission may consider requiring a 
filing if the upper stages of a launch vehicle will be communicating 
with earth stations outside the United States. This would align the 
U.S. with the practice of other countries that submit materials to the 
ITU for upper stage orbital operations. The Commission concludes that 
this third option is preferrable. The Commission will not adopt a 
blanket requirement that all space launches require an ITU filing, yet 
it does not preclude its ability to require such a filing in the event 
the Commission deems that such a filing would be necessary and prudent 
in order to avoid harmful interference with other countries. The 
Commission has taken steps to create a flexible licensing regime for 
space launches under the new part 26, including allowing one launch 
license to cover multiple launches and nationwide launch locations, and 
a 10-year license duration. Particularly given the longer-term aspects 
of the licensing approach adopted, requiring an ITU submission as part 
of the license application process will not create an undue burden to 
operators in the event a filing is deemed necessary and appropriate. 
The Commission also notes that it will be bound by any future ITU 
requirements related to space launch filings and so its current 
position is subject to change upon the issuing of new ITU regulations 
in this area.

Frequency Coordination

    In the FNPRM, the Commission sought comment on the appropriate 
coordination process between Federal and non-Federal entities to be 
used prior to the grant of an application for space launch frequencies 
as well as a coordination process for the ongoing use of these 
frequencies by operators during their license terms. The Commission 
also sought comment on whether it should require applicants for a 
license in space launch frequencies to undergo a pre-application 
coordination requirement similar to that specified in Sec.  87.305, or 
whether, in the alternative, the Commission should impose a different 
coordination process.
    As a general matter, all of the commenters in the record support 
the use of frequency coordination and spectrum deconfliction to prevent 
harmful interference to co-frequency non-Federal/Federal operations and 
ensure the efficient use of spectrum in these bands. Where they differ 
is when the coordination process should take place. While a few 
commenters argue in favor of a pre-license grant coordination approach, 
most commenters favor a post-license grant coordination and spectrum 
deconfliction process. Comments submitted by Federal stakeholders 
emphasize the importance of coordinating on a case-by-case, launch-by-
launch basis to ensure that Federal users in the bands are protected 
from harmful interference.
    Based on the record in this proceeding, the Commission finds that 
post-license grant coordination will ensure cooperation with and avoid 
harmful interference to co-frequency entities, both Federal and non-
Federal, operating in the 2025-2110 MHz and 2200-2290 MHz bands. The 
Commission believes that post-license grant coordination in concert 
with a comprehensive nationwide, non-exclusive licensing regime will 
provide space launch operators access to the spectrum they need and 
relief from the administrative burdens associated with either a site-
based licensing approval process or the current launch-by-launch STA 
regime. Post-license grant coordination will also endow them with the 
operational flexibility to modify their launch parameters (e.g., 
frequency channels, antenna height, trajectory, power level) closer in 
time to the launch event and the latitude to adjust their services to 
accommodate demand as it arises.

[[Page 63308]]

    The Commission reaches this decision based on the length of the 
license term (10 years) and a record that demonstrates the complicated 
logistics surrounding space launch operations, including multi-factored 
variability of launch elements that are beyond the licensee's control, 
as well as changes in the operational environment on and around Federal 
ranges and other sites that are likely to occur over time. On balance, 
these factors suggest that a one-time pre-licensing coordination would 
be insufficient to protect co-frequency entities from harmful 
interference in spectrum bands that commenters suggest are already 
congested. Moreover, given the anticipated growth of space launch 
services, the Commission finds that a one-time pre-licensing 
coordination is unlikely to cover all the space launches that will 
occur over the life of an operator's license nor would it be able to 
anticipate the introduction of new launch sites, changes in launch 
vehicles, or technological innovations that are likely to occur during 
those ten years. For these reasons, the Commission believes that third-
party coordination and spectrum deconfliction would be better executed 
post-license grant.
    Post-licensing coordination affords space launch operators who are 
sharing these frequency bands (and launch facilities) the opportunity 
and flexibility to adjust specific areas of operation (site location, 
launch vehicle, or in-flight trajectories, etc.) as they come up with 
each individual launch event, particularly as they get closer to the 
scheduled launch date. For space launch operators seeking launch 
clearance, it is critically important that their post-grant 
coordination requests cover the key elements of a launch so they can 
adequately complete the required per-launch coordination process. 
Consistent with the Commission's decision to adopt allocation and 
service rules for space launch services for two distinct bands, 2200-
2290 MHz (space-to-earth) and 2025-2110 MHz (earth-to-space), the 
Commission will adopt a post-license grant coordination approach that 
takes into account the unique characteristics of these bands. The 
Commission will also approach coordination in a manner that reflects 
its decision to apply a modified 3650-3700 MHz licensing framework to 
grant space launch operators a nationwide, non-exclusive blanket 
license on the condition that they agree to cooperate with and avoid 
harmful interference to co-frequency entities and cannot operate launch 
sites and corresponding radio stations (earth/ground stations, stations 
on their launch vehicles, and any associated mobile stations on the 
ground) until they have first registered them under their license after 
completion of coordination through a third-party coordinator.
    The Commission finds significant efficiencies justifying the use of 
a third-party frequency coordinator in the bands at issue. Given the 
variety of non-Federal and Federal stakeholders sharing this spectrum, 
all with different operational and technical needs, and the 
administrative burdens licensees face in having to submit to different 
coordination processes, the Commission finds it prudent to designate a 
single entity that will serve as both a clearinghouse and as an 
intermediary in negotiating operational parameters with SBE, NTIA, 
government automated frequency coordination (AFCs), and co-frequency 
operators. Currently, space launch operators are tasked with 
determining the impact of their services on non-Federal and Federal 
users whose operations may or may not have already been coordinated by 
SBE to protect BAS, CARS, and LTTS in the 2025-2110 MHz band as well as 
the effect on co-frequency operators and Federal incumbents that must 
be protected in both bands. The Commission finds that a single third-
party coordinator armed with knowledge of the operational guidelines 
imposed by prior coordination can cross reference that data with new 
requests for coordination in real time and act as an intermediary with 
SBE and NTIA to speed up the review process and thus expedite 
deployment in the bands. Absent the assistance of a centralized 
coordinator familiar with the operational and protection needs of non-
Federal operators and Federal incumbents as well as the terms of 
previously completed launch coordination, individual space launch 
operators will find it far more difficult to navigate the requisite 
layers of approval in a timely fashion, particularly considering the 
short turnaround times and multi-factored variability of space launches 
and the fluctuating needs of Federal users in these heavily trafficked 
bands. Having a third-party entity perform those duties on behalf of 
the operators will streamline the coordination process, offer greater 
flexibility to operators as they approach scheduled launch dates, and 
ensure protection for incumbent operations against harmful 
interference.
    Accordingly, the Commission hereby adopts a post-license grant 
coordination regime that will be facilitated by a third-party space 
launch frequency coordinator and require a two-part process: (1) for 
the 2025-2110 MHz band, a site-specific coordination of the operator's 
stations and launch parameters with BAS operations; and (2) for both 
bands, coordination on a per-launch basis with NTIA. In practice, as 
described in more detail below, coordination processes for the two 
bands will be different given the existing 2025-2110 MHz coordination 
process currently conducted by SBE to protect BAS, CARS, and LTTS 
operations and previously coordinated Federal incumbents in the band.
    2025-2110 MHz Post-license Coordination (Earth-to-Space). Once a 
launch operator registers its site and corresponding station 
information with the Commission in ULS and it is made available to the 
space launch frequency coordinator, the coordinator will verify that 
the operator is licensed and then contact the SBE Frequency 
Coordination Manager and the relevant SBE local market coordinator for 
the 2025-2110 MHz band to initiate coordination for the local launch 
site to protect non-Federal incumbents.
    For this process, the Commission adopts an approach that mirrors 
the coordination approach that Federal users in the band must follow. 
As noted in the FNPRM, Federal entities seeking to use the 2025-2110 
MHz band for TT&C uplink purposes must coordinate with all BAS and 
other non-Federal incumbents that may be affected by the Federal 
operation prior to submitting an application, and must engage the local 
BAS frequency coordinator(s) in support of achieving such coordination. 
In the context of pre-license grant coordination, the Commission sought 
comment on whether to require commercial space launch operators seeking 
to use the band to follow the same coordination process to help ensure 
that launch operations will not cause harmful interference to 
applicable non-Federal and Federal incumbents in the band. In its 
comments, SBE described this Federal precedent and pointed out that the 
terms of a subsequent SBE-NAB-DoD Memorandum of Understanding (MOU) are 
currently being used to coordinate Federal entities seeking to use the 
2025-2110 MHz band for TT&C uplink purposes. Engineers for the 
Integrity of Broadcast Auxiliary Services Spectrum (EIBASS), NAB, and 
SpaceX supported the use of the BAS coordination approach set forth in 
the SBE-NAB-DoD MOU.
    Accordingly, the Commission adopts the same site-specific BAS 
coordination process (and any re-coordination of the launch site) for 
commercial space

[[Page 63309]]

launch services for the Commission's post-license grant coordination 
regime. The Commission finds merit in SBE's suggestion that this means 
that each space launch communications operator, through a third-party 
space launch frequency coordinator, should either complete BAS 
coordination for its identified sites or provide a showing to the space 
launch frequency coordinator (a) that it has previously coordinated its 
proposed operations with the SBE Frequency Coordination Manager; (b) 
that it has ascertained that its proposal will not constrain, preclude, 
nor interfere with incumbents in the band, including BAS, CARS, and 
LTTS licensees; and (c) that it has demonstrated in a technical showing 
that its proposed operation will not create more than 0.5 dB increase 
in the noise threshold of a receiver at a fixed or temporary fixed 
electronic news gathering (ENG) receive site.
    The Commission does not anticipate that there is a need for a 
subsequent per-launch coordination with BAS as long as the site 
operation for the proposed launch is consistent with the technical 
characteristics and launch parameters that were successfully 
coordinated previously and complies with any conditions or agreements 
resulting from such prior coordination. In other words, there is no 
need to conduct a per-launch coordination with BAS if the operator/
frequency coordinator can perform the technical calculations to show 
its proposed uplink operations will meet the SBE-NAB-DoD protection 
criteria. The Commission finds that this approach will streamline the 
coordination process with BAS, particularly for space launch operators 
who provide multiple launches over their license term with the same 
sites that were previously coordinated and retain the same technical 
and operational characteristics. The Commission notes, however, that if 
these conditions are not met then the site must be re-coordinated 
pursuant to the site-specific BAS coordination process outlined above.
    With respect to protecting Federal users in the band, the 
Commission will require coordination with NTIA on a post-grant, per-
launch basis. This process will be initiated after the operator obtains 
its license and provides applicable launch site and corresponding 
station information to the Commission in ULS, and submits this data, 
along with its proposed operational parameters, in a coordination 
request to the third-party space launch frequency coordinator. Given 
the variability of space launches, per-launch coordination offers an 
effective means of protecting co-frequency Federal users in the 2025-
2110 MHz band from any potentially harmful interference stemming from a 
particular launch. The Commission notes that per-launch coordination is 
particularly well suited for accommodating the changing nature of 
Federal spectrum use. As demonstrated by NTIA's Federal Government 
Spectrum Use Reports, Federal spectrum uses and needs continue to 
evolve over time. The timely nature of a per-launch coordination with 
NTIA, facilitated by a third-party frequency coordinator, would account 
for the fluctuating needs of Federal TT&C used to track mobile 
satellites and the shifting demands of Federal mobile users that tend 
to change locations over time. The Commission contemplates a process 
that will be functionally similar to the current per-launch STA 
coordination procedures. As noted in the record, frequency coordination 
has been an effective tool in ensuring equitable spectrum sharing by 
co-frequency non-Federal and Federal users without causing harmful 
interference. While the Commission adopts baseline power and emissions 
standards to facilitate spectrum sharing and interoperability among 
Federal and non-Federal operations, as explained in further detail 
below, per-launch coordination will be critical in determining 
additional technical and operational parameters necessary to permit 
space launch operators to carry out missions without causing harmful 
interference to other users of the spectrum. Given the intermittent 
nature of space launch operations as well as evolving Federal spectrum 
uses, this targeted per-launch approach ensures timely and accurate 
guidance closer to the launch date by affording parties the flexibility 
to make adjustments necessary to protect co-frequency Federal users.
    2200-2290 MHz Post-license Coordination (Space-to-Earth). 
Similarly, for the 2200-2290 MHz band, a space launch operator must 
identify applicable site and corresponding station information with the 
Commission in ULS and make it, along with its proposed operational 
details, available to the third-party space launch frequency 
coordinator, who verifies that the operator is licensed and that the 
request comports with rules, to initiate the coordination process with 
NTIA. Coordination with NTIA will be functionally similar to the 
current STA coordination process (i.e., site-specific and per-launch 
coordination with NTIA and the relevant Federal offices). Similar to 
the 2025-2110 MHz band, the coordination process will enable any 
necessary adjustments regarding the operational and technical 
parameters on a per-launch basis to protect against harmful 
interference.
    The Commission directs WTB to seek further comment on the 
circumstances attending the designation of a third-party space launch 
coordinator, including a mechanism for selecting a frequency 
coordinator. As noted, WTB will issue a public notice regarding the 
coordination process after reviewing the record, which will include 
information regarding the third-party frequency coordinator.

Technical Rules for Space Launch Operations

    As noted in the FNPRM, the Commission seeks to establish technical 
parameters for commercial space launch operations that will support the 
evolving interests and requirements of commercial space entities while 
minimizing harmful interference between Federal and non-Federal 
operations. The Commission proposed that the current framework 
applicable to Federal operators would offer a predictable and tested 
model that facilitates the efficient use of spectrum while minimizing 
interference among users in these bands, and proposed to adopt a 
similar set of technical rules for non-Federal space launch operations 
in the 2200-2290 MHz and 2025-2110 MHz bands. The Commission finds that 
adopting baseline emissions and power limits similar to that which 
currently apply to Federal operations will facilitate interoperability 
and greater predictability regarding operations in these bands. As 
discussed previously, however, the variability of space launches and 
the changing needs of Federal operations may require additional or 
alternative technical requirements for a given launch as determined 
pursuant to the coordination process. The Commission concludes that 
adopting a technical framework that relies on close coordination 
between Federal and non-Federal entities as well as the use of similar 
emissions and power limits will help users of the bands to avoid 
harmful interference while allowing commercial launch providers to 
benefit from the economies of scale inherent from using the same 
communications systems for both Federal agencies and commercial 
customers.

2200-2290 MHz Band

    The FNPRM noted that space launch operations may potentially 
operate under a dual regulatory approach, and

[[Page 63310]]

sought comment on the appropriate technical requirements under both a 
space operations and aeronautical mobile allocation. The Commission 
asked whether these technical rules align with NTIA's requirements for 
both Federal and non-Federal space operations and how the Commission 
might promote consistency between and among the various, similarly 
situated services authorized in the band.
    Emission masks. In the FNPRM, the Commission sought comment on 
whether to apply NTIA rules that require that earth and space stations 
in the space operations service above 470 MHz comply with the emissions 
mask standard established in section 5.6.2 of the NTIA Manual. Section 
5.6.2 provides that for frequencies offset from the assigned frequency 
less than the 50 percent of the necessary bandwidth, no attenuation is 
required. At a frequency offset equal to 50 percent of the necessary 
bandwidth, an attenuation of at least 8 dB is required, while 
frequencies offset more than 50 percent of the necessary bandwidth 
should be attenuated in accordance with a specified formula dependent 
on necessary bandwidth and frequency displaced from the center of the 
emission bandwidth.
    Further, the Commission noted that section 5.3.9 of the NTIA Manual 
provides that aeronautical telemetry operations in the 2200-2290 MHz 
band must meet the emissions limits from Chapter 2 of the Inter-Range 
Instrumentation Group (IRIG) Standard 106-15, part 1. Chapter 2 of IRIG 
Standard 106-15, part 1 (hereinafter IRIG Standard 106-15), in turn, 
includes the following aeronautical telemetry spectral mask: all 
spectral components larger than -[55 + 10xlog(P)] dBc (i.e., larger 
than -25 dBm) at the transmitter output must be within the spectral 
mask calculated using the following equation:

M(f) = K + 90 log(R)-100 log [verbar]f-fc[verbar]; [verbar]f-fc[verbar] 
>= R/m

Where

M(f) = power (dBc) at frequency f (MHz)
K = -20 for analog signals
K = -28 for binary signals
K = -61 for FQPSK-B, FQPSK-JR, SOQPSK-TG
K = -73 for ARTM CPM
fc = transmitter center frequency (MHz)
R = bit rate (Mbps) for digital signals or ([Delta]f +fmax)(MHz) for 
analog FM signals
M = number of states in modulating signal (m = 2 for binary signals, 
m = 4 for quaternary signals and analog signals)
[Delta]f = peak deviation
fmax = maximum modulation frequency

    The Commission also requested comment on the utility of using a 
single mask for non-Federal operations in the band rather than NTIA's 
dual emissions mask approach. The Commission asked, for example, 
whether to apply the section 5.6.2 space operations emissions mask to 
all stages of flight, or whether alternatively to apply emissions 
limits set forth in the Commission's rules for space stations found in 
part 25 or an alternative mask found in Sec.  87.139.
    There was limited comment regarding the emissions limit(s) that 
should be applied. Of the few commenting on this issue, SpaceX supports 
the use of a single mask over NTIA's dual emissions mask approach, 
while ULA supports following NTIA's dual mask approach.
    The Commission agrees with ULA that it should adopt NTIA's dual 
mask approach, and the Commission's adoption of a Mobile allocation for 
this band facilitates this approach. As noted, NTIA regards launch 
vehicles as undergoing two stages: an aeronautical mobile stage and a 
space operation stage. The NTIA rules treat the telemetry system during 
the first stage of a launch vehicle as an aeronautical mobile system. 
The NTIA rules provide that after the first stage (which it views as 
the first 15 minutes of flight), the launch vehicle operates as a space 
operation service during the second stage or higher stages of a launch. 
As the Commission has noted, it seeks to align the technical parameters 
used by Federal and non-Federal operations to facilitate 
interoperability with respect to use of the 2200-2290 MHz band, and to 
provide predictability regarding such operations for other users of the 
band. While the Commission appreciates SpaceX's desire to avoid 
``artificial delineations,'' the application of the dual approach best 
accommodates operations in this band as it is the approach that is 
already being utilized and which has proven to be effective in 
protecting operations in the band. Accordingly, the Commission will 
apply the dual aeronautical mobile and space operation emissions masks 
similar to those found in the NTIA rules.
    Power limits. As noted in the FNPRM, the IRIG Standard 106-15 that 
NTIA applies to aeronautical telemetry in the 2200-2290 MHz band 
provides that the effective isotropic radiated power of a transmitter 
shall not exceed 25 watts and that the output power shall not exceed 25 
watts. In contrast, NTIA's requirements for space operations do not 
impose a power limit, and instead rely on a power flux-density limit 
established by the ITU. The FNPRM sought comment on whether, consistent 
with the NTIA rules, to limit first-stage operations to an effective 
isotropic radiated power of 25 watts and a transmitter output power of 
up to 25 watts, and sought comment on whether to apply a power flux-
density limit on operations after the first stage. Alternatively, to 
the extent the Commission adopts a power flux-density limit in the 
band, the FNPRM asked whether no further limit on power is necessary, 
or whether the Commission should adopt an alternative to the power 
limit in IRIG Standard 106-15.
    As in the case of emissions masks, the Commission received limited 
comment on this issue. ULA argues that these limits are appropriate for 
aeronautical applications, but not for orbital launches. SpaceX 
supports the adoption of a single power flux-density limit for all 
aspects of launch operations rather than the use of power limits.
    Upon review, the Commission finds that it is in the public interest 
to apply the dual stage aeronautical mobile and space operations 
approach for power limits as specified in the NTIA rules. While the 
Commission recognizes that there may be individual launch operations 
that requires the use of technical parameters outside of the norm, 
there is insufficient information in the record that would support 
deviation from limits currently used by NTIA during the first/ascent 
stage--either with respect to a power increase or to the use of a power 
flux-density limit. Neither would serve the Commission's goal of 
facilitating interoperability with Federal launch operations. With 
respect to ULA's request to adopt much higher power limits to support 
orbital launches, the Commission concludes that any orbital flight 
phase would be better governed by established space operation 
requirements, i.e. the NTIA/ITU space operation power flux-density 
limit. Further, the Commission does not find the use of the space 
operation power flux-density limit for all phases of a launch to be 
appropriate given that, as ULA notes, launch vehicles remain too close 
to the Earth's surface during the launch phase to comply with the 
limit. Moreover, neither commenter discusses the impact of their 
proposals on other users of the 2200-2290 MHz band. Absent support that 
these proposals would not adversely affect other operations in the band 
and provide advantages to commercial space launch entities that would 
exceed those that result from being able to operate with both Federal 
and non-Federal launch systems, the Commission finds it appropriate to 
follow the NTIA dual stage approach.
    The FNPRM sought comment regarding the point at which the 
Commission should apply the ITU

[[Page 63311]]

power-flux density limits in the event the Commission adopts the dual 
aeronautical mobile and space operation service approach. The 
Commission finds it appropriate to apply the NTIA aeronautical mobile 
power limits to first stage launch operations (first 15 minutes of 
flight) and ITU-derived space operation power flux-density limits to 
launch operations beyond the first stage. The Commission will adopt the 
NTIA approach which regards the first stage of a launch as an 
aeronautical mobile operation and treats the second stage or higher 
stages of a launch as space operations. While Rocket Lab and NASA note 
the difficulties associated with defining the dividing line between 
aeronautical mobile operations and space operations according to launch 
stages, the Commission finds that doing so provides a predictable 
approach and permits the similar treatment of Federal and non-Federal 
space launch operations. To the extent that this approach presents 
technical issues for a given launch (for example, the approach would 
require the application of the power flux-density limit too early in a 
launch), operators may seek a waiver of this provision.

2025-2110 MHz Band

    Emissions Limits. As discussed in the FNPRM, the most analogous 
authorized Federal operation in the 2025-2110 MHz band is earth station 
telecommand transmissions to spacecraft, which operate under space 
operations rules. As discussed above, NTIA requires that earth and 
space stations in the space operations service above 470 MHz comply 
with the emissions mask standards established in section 5.6.2 of the 
NTIA Manual. Section 5.6.2 provides that for frequencies offset from 
the assigned frequency less than the 50 percent of the necessary 
bandwidth, no attenuation is required. At a frequency offset equal to 
50 percent of the necessary bandwidth, an attenuation of at least 8 dB 
is required, while frequencies offset more than 50 percent of the 
necessary bandwidth should be attenuated in accordance with a specified 
formula dependent on necessary bandwidth and frequency displaced from 
the center of the emission bandwidth. The FNPRM proposed to adopt the 
NTIA's emissions mask for commercial space launch transmissions in the 
2025-2110 MHz band, except that the Commission proposed to apply 
attenuation requirements to the licensee's assigned frequencies rather 
than requiring a separate calculation of necessary bandwidth.
    SpaceX agrees that the Commission should apply the emissions mask 
applicable to space operation service for operations in the 2025-2110 
MHz band. Other than SpaceX, the Commission received no other comment 
regarding the appropriate emissions limit for this band. Accordingly, 
in line with the Commission's overall approach for space launch 
technical rules, the Commission will apply an emissions mask using the 
same limit as that set forth in section 5.6.2 of the NTIA Manual.
    Further, the Commission will retain the provision in section 5.6.2 
which specifies attenuation requirements based on a separate 
calculation of necessary bandwidth. Although SpaceX supports the 
FNPRM's proposal to apply attenuation requirements based on a 
licensee's assigned frequencies, the Commission finds that it is more 
appropriate to apply the same methodology that is used currently. Given 
that the Commission seeks to apply a technical framework that provides 
predictability and minimizes the risk of interference among users in 
the band, the Commission finds that applying the section 5.6.2 
methodology will provide consistency and prevent confusion. 
Accordingly, the Commission will not adopt its proposal to permit space 
launch operators to determine applicable attenuation requirements using 
the licensee's assigned frequencies.
    Power limits. Section 8.2.35 of the NTIA manual requires that the 
EIRP transmitted in any direction towards the horizon by a Federal 
earth station in bands between 1 GHz and 15 GHz that are shared with 
stations in the fixed or mobile service, which includes the 2025-2110 
MHz band, shall not (with limited exceptions) exceed the following 
limits:

+40 dBW in any 4 kHz band for u <=0[deg]
+40+3u dBW in any 4 kHz band for 0[deg]< u <=5[deg]

Where:

u is the angle of elevation of the horizon viewed from the center of 
radiation of the antenna of the earth station and measured in 
degrees as positive above the horizontal plane and negative below 
it.

    As in the case with the 2200-2290 MHz band, SpaceX supports 
adoption of a single power flux-density limit for all aspects of launch 
operations in lieu of a specific power limit on the grounds that it 
would obviate the need for any additional limitations on power or for 
adopting artificial distinctions between various launch activities.
    As the Commission noted with respect to SpaceX's proposal to apply 
a power flux-density limit to 2200-2290 MHz band operations, SpaceX 
does not provide sufficient information regarding the impact to other 
users of the 2025-2110 MHz band and provides no support as to whether 
using the space operation power flux-density limit will adequately 
protect other operations. Instead, SpaceX mainly argues that adopting a 
single flux-density limit for all aspects of a launch operation will 
simplify compliance for launch operators. While the Commission seeks to 
adopt rules that will help space launch entities to simplify or 
streamline operations, it is necessary that any measures that the 
Commission takes will also ensure that other users of the band are 
protected. Further, although SpaceX argues that ITU and NTIA 
regulations permit the use of the power flux-density limit for the 
2025-2110 MHz band, the power limits above are the requirements that 
both ITU and NTIA specify for earth stations in bands that are shared 
with stations in the fixed or mobile service. Accordingly, the 
Commission adopts the same power limits as those set forth in section 
8.2.35 of the NTIA Manual.
    Compliance with technical specifications. In its Reply Comments, 
Northrop Grumman notes that because launch providers operate from 
Federal launch sites, launch vehicles and associated ground stations 
meet applicable Federal technical requirements, including emission 
limits, power limits, and power flux-density limits. Northrop Grumman 
recommends that, to ensure consistency and to avoid differing standards 
among launch sites, the Commission permit operators to demonstrate 
compliance with either (1) any new FCC requirements adopted in this 
proceeding or (2) existing Federal requirements serving the same 
purpose. Northrop Grumman argues that the latter is necessary to ensure 
that any new rules that the Commission apply to launch vehicle 
operators do not require that existing launch equipment be redesigned 
or modified or be subject to further regulatory requirements. 
Alternatively, Northrop Grumman argues that if the Commission imposes 
new technical standards, it should grandfather existing operators and 
exempt their current launch vehicles from these requirements. Northrop 
Grumman asserts that this flexibility is necessary to ensure that the 
application of any new technical standards does not delay or impact 
upcoming launches or require that existing launch vehicles be

[[Page 63312]]

modified or subject to further regulatory requirements.
    While the Commission seeks to adopt rules that will facilitate the 
continued growth of the commercial space launch sector, and avoid 
policies that will negatively impact launch operations, the Commission 
is hesitant to grandfather operations that may not meet current 
required technical specifications. For example, Northrop Grumman notes 
that transmitters on its launch vehicles are designed to meet IRIG 
Standard 106-07, a previous IRIG Standard 106 version. While that 
standard shares many of the specifications as IRIG Standard 106-15, it 
is not clear that the use of IRIG Standard 106-07 or other standards 
meet all necessary technical specifications set forth here or in 
current NTIA requirements, and accordingly, the Commission is not 
prepared at this juncture to grandfather all existing launch vehicles.

Equipment Authorization

    In the FNPRM, the Commission asked whether it should require part 2 
equipment authorization for the radio frequency (RF) devices that are 
being used to provide space launch operations and if so, which 
procedure. The Commission also asked if there any analogous 
authorization models found in other any rule parts (specifically noting 
parts 25, 87, and 90) that could provide additional or alternative 
compliance requirements that may be appropriate for space launch RF 
devices.
    Few comments addressed the issue of equipment authorization. ULA 
and Boeing both oppose specific equipment authorization rules, citing, 
in part, the current part 25 rules that do not include such 
requirements. Northrop Grumman ``takes no position'' on such 
requirements, however it does ask for a 5 year grandfathered period 
should the Commission decide to adopt rules in this regard.
    The Commission shall not require that equipment used for space 
launch telemetry and telecommand during space launches under the part 
26 rules be authorized under 47 CFR part 2, subpart J. The Commission 
expects that this equipment will be deployed by a limited number of 
licensees who will be responsible for ensuring that their transmitters 
comply with Commission's rules. Given the small number of licensees the 
Commission does not believe there is utility in implementing an 
authorization requirement. This decision is consistent with the 
Commission's part 87 rules which exempt flight test transmitters used 
for limited periods from needing equipment certification.

Expanded Federal Use of the Non-Federal Fixed Satellite Service (FSS) 
and Mobile Satellite Service (MSS) Bands

    In the 2013 NPRM (78 FR 39200, July 1, 2013), the Commission 
specifically sought comment on two proposals for expanding Federal use 
of non-Federal FSS and MSS satellites. One proposal was to add co-
primary Federal FSS or MSS allocations to several bands together with a 
footnote that limits primary Federal use of the bands to earth stations 
communicating with non-Federal space stations. The other proposal was 
to add a footnote to the Table of Allocations outlining circumstances 
under which Federal earth stations operating with non-Federal space 
stations would be entitled to interference protection. In the FNPRM, 
the Commission sought to refresh the record on its proposals for 
expanding Federal use of non-Federal FSS and MSS satellites, noting 
that in the eight years since the NPRM was adopted ``the spectrum 
landscape in non-Federal FSS and MSS allocations has changed 
significantly.''
    The Commission continues to believe that improvements to its 
policies and processes for communications between earth stations 
utilized by government agencies and commercial satellites are desirable 
and may ultimately serve the public interest. However, the Commission 
believes that this issue, while related to space launch operations 
generally, implicates different licensing processes and ultimately 
would require implementation distinct from the changes to launch 
frequency licensing the Commission is adopting here. Therefore, the 
Commission concludes that Federal access would be better addressed 
through a separate proceeding specifically focused on communications 
between commercial satellites and Federal users. Accordingly, the 
Commission will continue to examine the record on expanded Federal 
earth station access to non-Federal FSS and MSS satellites through a 
separate proceeding, and the Commission welcomes continued comment and 
dialogue from both Federal and non-Federal stakeholders as it seeks to 
address this issue, incorporating by reference the record to date on 
this issue from this proceeding. The Commission directs the Office of 
Engineering and Technology (OET) to issue a public notice opening a new 
docket for comments on this issue and provides additional context for 
interested parties to provide additional comments. After receiving 
additional comments on this issue, OET is directed to develop a 
recommendation so as to enable Commission consideration not later than 
one year from the release of this item.

Federal Space Stations in the 399.9-400.05 MHz MSS Band

    As requested by NTIA the Commission will revise footnote US319 of 
the Allocation Table to permit Federal space stations (i.e., 
satellites) to operate in the 399.9-400.05 MHz band. Currently, U.S. 
Table footnote US319 prevents Federal space stations from operating in 
the 399.9-400.05 MHz band even though there is a primary Federal Mobile 
Satellite Service allocation for this band. NTIA requests that the 
footnote be modified to delete the 399.9-400.05 MHz band thereby 
allowing Federal satellites to operate in this band. Footnote US319 
currently provides that ``US319: In the bands 137-138 MHz, 148-149.9 
MHz, 149.9-150.05 MHz, 399.9-400.05 MHz, 400.15-401 MHz, 1610-1626.5 
MHz, and 2483.5-2500 MHz, Federal stations in the mobile-satellite 
service shall be limited to earth stations operating with non-Federal 
space stations.''
    NTIA made this request to allow the 399.9-400.05 MHz band to be 
used for a new satellite system that will assume some of the non-
environmental traffic currently handled by the Argos satellite system. 
Argos is a satellite system that was established by the French Space 
Agency, NASA, and the National Oceanic and Atmospheric Administration 
(NOAA). Argos is used for a large number of applications such as 
monitoring the oceans at thousands of fixed and drifting buoys, 
tracking the movements of wildlife, relaying information by 
humanitarian agencies from remote areas, monitoring water resources, 
and tracking the locations of ships. The latest version of the Argos 
satellite system, the Argos-4 was launched on October 7, 2022. 
According to NTIA, the newly established satellite system in the 399.9-
400.05 MHz band would allow non-environmental applications to be 
removed from the Argos system which will result in lower interference, 
higher capacity, and improved reliability and service for both the 
environmental applications remaining on Argos and the non-environmental 
applications moved to the new system.
    The Commission first made the 399.9-400.05 MHz band along with 
three other frequency bands available for MSS in 1993 to allow 
deployment of non-geosynchronous low Earth orbit (LEO) satellite 
systems, called ``Little

[[Page 63313]]

LEO'' systems, to provide non-voice services such as data messaging and 
position determination. In 2019, the Commission's International Bureau 
initiated a processing round for non-voice non-geostationary systems in 
this band as well as the 400.15-401 MHz band. The Commission's Space 
Bureau has granted market access for the 399.9-400.05 MHz band to three 
of these applicants while other applications remain pending or have 
been withdrawn. In the past two years other companies have filed 
applications to operate in the 399.9-400.05 MHz band.
    The Commission received four comments and two reply comments in 
response to the FNPRM. Myriota Pty Ltd. (Myriota) and Fleet Space 
Technologies Pty. Ltd. (Fleet) express concerns regarding the impact to 
Internet of Things (IoT) connectivity and the coordination requirements 
needed to ensure there will be no interference between non-Federal and 
Federal space stations in the 399.9-400.05 MHz band. According to 
Myriota, making this modification to US319 would permit an unidentified 
number of Federal satellites to operate in the band and leave 
commercial operators who have invested in the band without adequate 
safeguards to ensure their operations will not be constrained. Myriota 
suggests that if the Commission makes this modification to US319 it 
should adhere to the stated purpose of the modification by permitting 
only a single Argos satellite and that NTIA and NOAA should consider 
whether commercial satellite operators could meet their mission 
requirements rather than operating Federal satellites in the band. 
Fleet points out that the 399.9-400.05 MHz band is the only globally 
harmonized UHF band for commercial smallsat MSS and claims that 
permitting Federal satellites in the band would disrupt the 
coordination among commercial satellite operators and delay deployment 
of innovative MSS applications. Blacksky Global supports amending 
footnote US319 and believes that allowing the band to assume some of 
the traffic currently handled by the Argos system would alleviate the 
pressure from Federal systems in adjacent bands and result in 
relaxation of the coordination conditions on non-Federal systems in the 
401-402 MHz band. NTIA and DoC both emphasize the need to implement 
this modification of footnote US319 to ensure that the role of the 
United States in the Argos-4 program can proceed without any risk to 
its operation.
    The Commission is revising US319 as NTIA requests to enable 
establishment of a new satellite system to supplement the Argos program 
to further the reliable provision of important services. The Commission 
appreciates the concerns expressed by Myriota and Fleet that the use of 
this band by a Federal satellite system may complicate the interference 
environment and create coordination burdens. However, any Federal 
satellites that will operate in the band and the associated earth 
stations will be subject to coordination between NTIA and the 
Commission. During this coordination process any issues regarding 
coexistence between the Federal and non-Federal systems can be 
addressed. As applicants who filed during the processing round 
indicated that they are capable of sharing with current and future 
licensees in these bands, the Commission is confident that at the 
conclusion of this coordination process the Federal satellites will be 
able to share the band with the existing systems without harmful 
interference occurring. As the demand for spectrum continues to 
increase the Commission must continue to look for opportunities to more 
intensively use spectrum where possible. Therefore, the Commission sees 
no reason to reject NTIA's request to modify US319.

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 Sec.  1.411 of the Commission's rules, 47 CFR 
1.411, the Second Report and Order is hereby adopted.
    It is further ordered that the amendments of parts 2 and 26 of the 
Commission's rules as set forth in Appendix A of the Second Report and 
Order, are adopted, effective thirty (30) days after publication in the 
Federal Register, with the exception of Sec. Sec.  26.106, 26.108, 
26.202, and 26.301, which contain new or modified information 
collection requirements that require review by the Office of Management 
and Budget (OMB) under the Paperwork Reduction Act. The Commission 
directs the Wireless Telecommunications Bureau to announce the 
effective date of those information collections in a document published 
in the Federal Register after the Commission receives OMB approval, and 
directs the Wireless Telecommunications Bureau to cause these rule 
sections to be revised accordingly.
    It is further ordered that the Office of the Secretary, Reference 
Information Center, shall send a copy of the Second Report and Order, 
including the Final Regulatory Flexibility Analysis and the Initial 
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of 
the Small Business Administration.
    It is further ordered that the Commission shall send a copy of the 
Second Report and Order in a report to be sent to Congress and the 
Government Accountability Office pursuant to the Congressional Review 
Act, see 5 U.S.C. 801(a)(1)(A).

List of Subjects

47 CFR Part 0

    Authority delegations (Government agencies), Reporting and 
recordkeeping requirements, Telecommunications.

47 CFR Part 1

    Administrative practice and procedure.

47 CFR Part 2

    Radio, Space transportation and exploration, Telecommunications.

47 CFR Part 26

    Incorporation by reference, Radio, Space transportation and 
exploration, Telecommunications.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR chapter I as follows:

PART 0--COMMISSION ORGANIZATION

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

    Authority:  47 U.S.C. 151, 154(i), 154(j), 155, 225, 409, and 
1754, unless otherwise noted.


0
2. Amend Sec.  0.331 by adding paragraph (h) to read as follows:


Sec.  0.331  Authority delegated.

* * * * *
    (h) Authority concerning space launch services programs and 
licensing. The Chief of the Wireless Telecommunications Bureau is 
delegated authority to administer the Commission's space launch 
services programs (part 26 of this chapter) and the issuing of space 
launch services licenses. The Chief is delegated authority to develop 
specific methods that will be used to develop an application filing 
procedure for initial authorization and subsequent station 
registration; to seek comment on the circumstances attending the 
designation

[[Page 63314]]

of a third-party space launch frequency coordinator, including a 
mechanism for selecting a frequency coordinator; to develop procedures 
that the space launch frequency coordinator will use to ensure 
compliance with the coordination requirements for space launch 
operations; and to perform other functions as needed for the 
administration of the space launch services.

PART 1--PRACTICE AND PROCEDURE

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

    Authority:  47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note; 47 
U.S.C. 1754, unless otherwise noted.


0
4. Revise Sec.  1.901 to read as follows:


Sec.  1.901  Basis and purpose.

    This subpart is issued pursuant to the Communications Act of 1934, 
as amended, 47 U.S.C. 151 et seq. The purpose of this subpart is to 
establish the requirements and conditions under which entities may be 
licensed in the Wireless Radio Services as described in this part and 
in parts 13, 20, 22, 24, 26, 27, 74, 80, 87, 90, 95, 96, 97, and 101 of 
this chapter.

0
5. Revise Sec.  1.902 to read as follows:


Sec.  1.902  Scope.

    In case of any conflict between the rules set forth in this subpart 
and the rules set forth in parts 13, 20, 22, 24, 26, 27, 74, 80, 87, 
90, 95, 96, 97, and 101 of this chapter, the rules in this subpart 
shall govern.

0
6. Amend Sec.  1.907 by revising the definitions of ``Covered 
geographic licenses'' and ``Wireless Radio Services'' to read as 
follows:


Sec.  1.907  Definitions.

* * * * *
    Covered geographic licenses. Covered geographic licenses consist of 
the following services: 1.4 GHz Service (part 27, subpart I, of this 
chapter); 1.6 GHz Service (part 27, subpart J); 24 GHz Service and 
Digital Electronic Message Services (part 101, subpart G, of this 
chapter); 218-219 MHz Service (part 95, subpart F, of this chapter); 
220-222 MHz Service, excluding public safety licenses (part 90, subpart 
T, of this chapter); 600 MHz Service (part 27, subpart N); 700 MHz 
Commercial Services (part 27, subparts F and H); 700 MHz Guard Band 
Service (part 27, subpart G); 800 MHz Specialized Mobile Radio Service 
(part 90, subpart S); 900 MHz Specialized Mobile Radio Service (part 
90, subpart S); 900 MHz Broadband Service (part 27, subpart P); 3.45 
GHz Service (part 27, subpart Q); 3.7 GHz Service (part 27, subpart O); 
Advanced Wireless Services (part 27, subparts K and L); Air-Ground 
Radiotelephone Service (Commercial Aviation) (part 22, subpart G, of 
this chapter); Broadband Personal Communications Service (part 24, 
subpart E, of this chapter); Broadband Radio Service (part 27, subpart 
M); Cellular Radiotelephone Service (part 22, subpart H); Citizens 
Broadband Radio Service (part 96, subpart C, of this chapter); 
Dedicated Short Range Communications Service, excluding public safety 
licenses (part 90, subpart M); Educational Broadband Service (part 27, 
subpart M); H Block Service (part 27, subpart K); Local Multipoint 
Distribution Service (part 101, subpart L); Multichannel Video 
Distribution and Data Service (part 101, subpart P); Multilateration 
Location and Monitoring Service (part 90, subpart M); Multiple Address 
Systems (EAs) (part 101, subpart O); Narrowband Personal Communications 
Service (part 24, subpart D); Paging and Radiotelephone Service (part 
22, subpart E; part 90, subpart P); VHF Public Coast Stations, 
including Automated Maritime Telecommunications Systems (part 80, 
subpart J, of this chapter); Space Launch Services (part 26 of this 
chapter); Upper Microwave Flexible Use Service (part 30 of this 
chapter); and Wireless Communications Service (part 27, subpart D).
* * * * *
    Wireless Radio Services. All radio services authorized in parts 13, 
20, 22, 24, 26, 27, 74, 80, 87, 90, 95, 96, 97 and 101 of this chapter, 
whether commercial or private in nature.
* * * * *

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

0
7. 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
8. Amend Sec.  2.106 by:
0
a. In paragraph (a), revising pages 26, 36, and 37;
0
b. Adding paragraph (c)(94); and
0
c. Revising paragraphs (c)(96) and (319).
    The revisions and addition read as follows:


Sec.  2.106  Table of Frequency Allocations.

    (a) * * *
BILLING CODE 6712-01-P

[[Page 63315]]

[GRAPHIC] [TIFF OMITTED] TR05AU24.000


[[Page 63316]]


[GRAPHIC] [TIFF OMITTED] TR05AU24.001


[[Page 63317]]


[GRAPHIC] [TIFF OMITTED] TR05AU24.002


[[Page 63318]]


[GRAPHIC] [TIFF OMITTED] TR05AU24.003


[[Page 63319]]


[GRAPHIC] [TIFF OMITTED] TR05AU24.004


[[Page 63320]]


[GRAPHIC] [TIFF OMITTED] TR05AU24.005

BILLING CODE 6712-01-C

[[Page 63321]]

* * * * *
    (c) * * *
    (94) US94 In the band 2025-2110 MHz, the non-Federal space 
operation service shall be subject to the following conditions:
    (i) Transmissions are restricted to telecommand use for pre-launch 
testing and space launch operations.
    (ii) Subject to coordination with the National Telecommunications 
and Information Administration (NTIA) prior to each launch.
    (iii) Subject to coordination with non-Federal fixed and mobile 
stations.
* * * * *
    (96) US96 The band 2200-2290 MHz is allocated to the space 
operation service (space-to-Earth) and mobile service on a secondary 
basis for non-Federal use subject to the following conditions. Non-
Federal stations shall be:
    (i) Restricted to use for pre-launch testing and space launch 
operations, except as provided under US303; and
    (ii) Subject to coordination with NTIA prior to each launch.
* * * * *
    (319) US319 In the bands 137-138 MHz, 148-149.9 MHz, 149.9-150.05 
MHz, 400.15-401 MHz, 1610-1626.5 MHz, and 2483.5-2500 MHz, Federal 
stations in the mobile-satellite service shall be limited to earth 
stations operating with non-Federal space stations.
* * * * *

0
9. Add part 26 to read as follows:

PART 26--SPACE LAUNCH SERVICES

Subpart A--General Information
Sec.
26.1 Basis and purpose.
26.2 Frequencies.
26.3 Scope of service.
26.4 Other applicable rule parts.
26.5 Terms and definitions.
Subpart B--Applications and Licenses
26.101 Eligibility.
26.102 License period; renewal.
26.103 Licensing.
26.104 Regulatory status.
26.105 Authorization required.
26.106 [Reserved]
26.107 Restrictions on the operation of stations.
26.108 [Reserved]
26.109 Assignment and transfer.
Subpart C--Frequency Coordination
26.201 Policies governing the assignment of frequencies.
26.202 [Reserved]
Subpart D--Technical Standards
26.301 [Reserved]
26.302 Emission masks.
26.303 Power limits.
26.304 Antenna structures; air navigation safety.
26.305 Incorporation by reference.

    Authority: 47 U.S.C. 151, 152, 154, 301, 303, unless otherwise 
noted.

Subpart A--General Information


Sec.  26.1  Basis and purpose.

    This section contains the statutory basis for the rules in this 
part and provides the purpose for which this part is issued.
    (a) Basis. The rules for Space Launch Services in this part are 
promulgated under the provisions of the Communications Act of 1934, as 
amended, that vest authority in the Federal Communications Commission 
(Commission or FCC) to regulate radio transmission and to issue 
licenses for radio stations. All rules in this part are in accordance 
with applicable treaties and agreements to which the United States is a 
party.
    (b) Purpose. This part states the conditions under which spectrum 
is made available and licensed for the provision of Space Launch 
Services. This part does not govern the licensing of radio systems 
belonging to and operated by the United States.


Sec.  26.2  Frequencies.

    The following frequencies are available for assignment on a 
nationwide, non-exclusive basis for Space Launch Services:
    (a) 2025-2110 MHz; and
    (b) 2200-2290 MHz.


Sec.  26.3  Scope of service.

    (a) Space launch stations are restricted to the following uses:
    (1) 2025-2110 MHz band. The use of Space Launch Services licenses 
in the 2025-2110 MHz band is restricted to ground-to-launch vehicle 
telecommand uses necessary to support space launch operations.
    (2) 2200-2290 MHz band. The use of Space Launch Services licenses 
in the 2200-2290 MHz band is restricted to launch vehicle-to-ground 
communications associated with telemetry and tracking operations.
    (b) Telemetry, tracking, and telecommand functions permissible as 
space launch operations include, but are not limited to:
    (1) Pre-launch testing, such as pre-flight checks, ground testing, 
and telemetry;
    (2) Vehicle tracking, including the transmission of parameter data 
from a launch vehicle to ground;
    (3) Telecommand signals for propulsive maneuvering of a launch 
vehicle and separation of payload from launch vehicle; and
    (4) Telecommand signals for propulsive maneuvering of a reentry 
vehicle for return and recovery.
    (c) The use of Space Launch Services licenses for on-orbit 
communications after a launch vehicle separates from its payload are 
not permitted, provided that a space launch station may be used for 
telemetry, tracking, and telecommand activities for the incidental 
orbiting of a launch vehicle before or after it has separated from its 
payload. The use of Space Launch Services licenses for such incidental 
orbiting are permitted only to the extent necessary for space launch 
operations.


Sec.  26.4  Other applicable rule parts.

    Other FCC rule parts applicable to the Space Launch Services 
include the following:
    (a) Part 0. Part 0 of this chapter describes the Commission's 
organization and delegations of authority. Part 0 also lists available 
Commission publications, standards, and procedures for access to 
Commission records, and location of Commission Field Offices.
    (b) Part 1. Part 1 of this chapter includes rules of practice and 
procedure for license applications, adjudicatory proceedings, 
procedures for reconsideration and review of the Commission's actions; 
provisions concerning violation notices and forfeiture proceedings; 
competitive bidding procedures; and the environmental requirements 
that, together with the procedures specified in Sec.  17.4(c) of this 
chapter, if applicable, must be complied with prior to the initiation 
of construction. Subpart F of part 1 includes the rules for the 
Wireless Radio Services and the procedures for filing electronically 
via the Universal Licensing System (ULS).
    (c) Part 2. Part 2 of this chapter contains the Table of Frequency 
Allocations and special requirements in international regulations, 
recommendations, agreements, and treaties. Part 2 also contains 
standards and procedures concerning the marketing and importation of 
radio frequency devices, and for obtaining equipment authorization.
    (d) Part 5. Part 5 of this chapter contains rules prescribing the 
manner in which parts of the radio frequency spectrum may be made 
available for experimentation.
    (e) Part 15. Part 15 of this chapter sets forth the requirements 
and conditions applicable to certain radio frequency devices.
    (f) Part 17. Part 17 of this chapter contains requirements for the 
construction, marking and lighting of

[[Page 63322]]

antenna towers, and the environmental notification process that must be 
completed before filing certain antenna structure registration 
applications.
    (g) Part 25. Part 25 of this chapter contains the requirements for 
satellite communications, including satellite digital audio radio 
service (DARS).
    (h) Part 74. Part 74 of this chapter sets forth the requirements 
and conditions applicable to experimental radio, auxiliary, special 
broadcast, and other program distributional services.
    (i) Part 87. Part 87 of this chapter sets forth the requirements 
and conditions applicable to aviation services.


Sec.  26.5  Terms and definitions.

    Base station. A station at a specified site authorized to 
communicate with mobile stations.
    Equivalent isotropically radiated power (EIRP). The product of the 
power supplied to the antenna and the antenna gain in a given direction 
relative to an isotropic antenna (absolute or isotropic gain).
    Expendable launch vehicle. A launch vehicle whose propulsive stages 
are used only once.
    First stage of a launch. The first 15 minutes of flight.
    Fixed service. A radio communication service between specified 
fixed points.
    Fixed station. A station in the fixed service.
    Frequency coordination. The process of obtaining the recommendation 
of a frequency coordinator for a frequency(ies) that will most 
effectively meet the applicant's needs while minimizing interference to 
licensees already operating within a given frequency band.
    Frequency coordinator. An entity or organization that has been 
certified by the Commission to recommend frequencies for use by 
licensees in the Space Launch Services.
    Harmful interference. For the purposes of resolving conflicts 
between stations operating under this part, any emission, radiation, or 
induction which specifically degrades, obstructs, or interrupts the 
service provided by such stations.
    Itinerant operation. Operation of a radio station at unspecified 
locations for varying periods of time.
    Launch vehicle. A vehicle built to place a payload or human beings 
from Earth in a suborbital trajectory, in Earth orbit, or otherwise in 
outer space.
    Mobile service. A radio communication service between mobile and 
land stations, or between mobile stations.
    Mobile station. A station in the mobile service intended to be used 
while in motion or during halts at unspecified points.
    Reentry vehicle. A vehicle designed to return from Earth orbit or 
outer space to Earth substantially intact. A reentry vehicle is 
regarded as a launch vehicle in the context of a space launch operation 
only to the extent that it is being used for launch purposes.
    Reusable launch vehicle. A launch vehicle that is designed to 
return to Earth substantially intact and may be launched more than one 
time or that contains vehicle stages that may be recovered by a launch 
operator for future use.
    Space launch operations. Any activity that places a launch vehicle, 
whether an expendable launch vehicle or a reusable launch vehicle or 
reentry vehicle used for launch, and any payload or human being from 
Earth in a suborbital trajectory, in Earth orbit, or otherwise in outer 
space, including pre-launch testing and recovery or reentry of the 
launch vehicle.
    Telecommand. The transmission of non-voice signals for the purpose 
of remotely controlling a device.
    Telemetry. The transmission of non-voice signals for the purpose of 
automatically indicating or recording measurements at a distance from 
the measuring instrument. In the context of space launch operations, 
telemetry is diagnostic information, transmitted from the launch 
vehicle to ground controller stations during the flight, which allows 
the ground controller station to track the performance of the launch 
vehicle.
    Universal Licensing System (ULS). The consolidated database, 
application filing system, and processing system for all Wireless 
Telecommunications Services. The ULS offers Wireless Telecommunications 
Bureau (WTB) applicants and the general public electronic filing of all 
applications requests, and full public access to all WTB licensing 
data.

Subpart B--Applications and Licenses


Sec.  26.101  Eligibility.

    The following entities are eligible for Space Launch Services 
licenses:
    (a) A non-Federal entity that conducts space launch operations; or
    (b) A parent of such entity or a subsidiary of such entity if 
either conducts space launch operations.


Sec.  26.102  License period; renewal.

    Licenses for stations in the Space Launch Services will be issued 
for a term of ten years from the date of original issuance, or renewal. 
Prior to expiration of the term of a license, the space launch licensee 
shall submit to the Commission an application for the renewal in 
accordance with part 1, subpart F, of this chapter. Such renewal 
application shall certify that, during the preceding license term, the 
licensee operated and continues to operate consistent with Commission 
rules in this chapter and the terms of its existing authorization, 
including the operation of stations consistent with the terms of 
frequency coordination performed during its license term.


Sec.  26.103  Licensing.

    The 2025-2110 MHz and 2200-2290 MHz bands are authorized on a non-
exclusive nationwide basis for Space Launch Services. Non-exclusive 
nationwide licenses will serve as a prerequisite for registering launch 
sites and individual fixed, base, itinerant, and mobile stations, as 
well as individual coordinated launches. A Space Launch Services 
licensee cannot operate a launch site and corresponding fixed, base, 
itinerant, or mobile stations before registering it under its license 
and may only operate a station after that station has been cleared to 
operate in a particular frequency band in connection with a particular 
launch pursuant to the post-grant frequency coordination process set 
forth in subpart C of this part. Space Launch Services licensees must 
delete registrations for unused launch sites and unused fixed, base, 
itinerant, and mobile stations to maintain database integrity and 
facilitate coordination with other users of the 2025-2110 MHz and 2200-
2290 MHz bands.


Sec.  26.104  Regulatory status.

    Licensees are permitted to provide services on a non-common carrier 
basis. A licensee may render communications services consistent with 
the regulatory status in its license and with the Commission's rules in 
this chapter applicable to the Space Launch Services.


Sec.  26.105  Authorization required.

    (a) General rule. Stations in the Space Launch Services must be 
used and operated only in accordance with the service rules set forth 
in this part, including the terms of the frequency coordination 
performed pursuant to subpart C of this part, and with a valid 
authorization granted by the Commission under the provisions of this 
part, except as specified in paragraph (b) of this section.
    (b) Restrictions. The holding of an authorization does not create 
any rights beyond the terms, conditions, and period specified in the 
authorization.

[[Page 63323]]

Authorizations may be granted upon proper application, provided that 
the Commission finds that the applicant is qualified in regard to 
citizenship, character, financial, technical, and other criteria, and 
that the public interest, convenience, and necessity will be served. 
See 47 U.S.C. 301, 308, 309, and 310.


Sec.  26.106  [Reserved]


Sec.  26.107  Restrictions on the operation of stations.

    Stations in the Space Launch Services may operate in a particular 
frequency band only if they have been registered pursuant to this 
subpart and cleared to operate in that frequency band by the space 
launch frequency coordinator using the frequency coordination process 
set forth in subpart C of this part.


Sec.  26.108  [Reserved]


Sec.  26.109  Assignment and transfer.

    Licensees may assign or transfer their non-exclusive nationwide 
licenses upon application to and prior approval from the Commission, 
and any stations registered under those licenses will remain associated 
with those licenses unless otherwise agreed upon by the parties to the 
assignment or transfer and approved by the Commission.

Subpart C--Frequency Coordination


Sec.  26.201  Policies governing the assignment of frequencies.

    (a) Frequencies assigned to Space Launch Services stations are 
available on a shared basis only and will not be assigned for the 
exclusive use of any licensee.
    (b) Any base, fixed, itinerant, or mobile station operating in the 
band must comply with the frequency coordination requirements set forth 
in this subpart.
    (c) All applicants and licensees shall cooperate in the selection 
and use of frequencies for Space Launch Services and comply with the 
frequency coordination requirements in this subpart in order to 
minimize the potential for interference and make the most effective use 
of the authorized facilities. Information regarding registered launch 
sites, stations, and launches that have completed the frequency 
coordination process set forth in this subpart will be available at 
https://wireless.fcc.gov/uls. Licensees should examine this information 
before registering individual launch operations, and make every effort 
to ensure that their planned launch operations will not interfere or 
conflict with previously registered operations. Licensees of stations 
suffering or causing harmful interference are expected to cooperate and 
resolve this problem by mutually satisfactory arrangements.


Sec.  26.202  [Reserved]

Subpart D--Technical Standards.


Sec.  26.301  [Reserved]


Sec.  26.302  Emission masks.

    (a) 2025-2110 MHz. For frequencies offset from the assigned 
frequency less than the 50 percent of the necessary bandwidth, no 
attenuation is required. At a frequency offset equal to 50 percent of 
the necessary bandwidth, an attenuation of at least 8 dB is required. 
Frequencies offset more than 50 percent of the necessary bandwidth 
shall be attenuated by the following mask:
Equation 1 to Paragraph (a)
[GRAPHIC] [TIFF OMITTED] TR05AU24.006

Where:

fd is the frequency displaced from the center of the 
emission bandwidth.
Bn is the necessary bandwidth, which is determined in 
accordance with Annex J of the NTIA Manual of Regulations and 
Procedures for Federal Radio Frequency Management (NTIA Manual) 
(incorporated by reference, see Sec.  26.305).
dBsd is dB attenuation in a 4 kHz bandwidth, relative to the maximum 
power in any 4 kHz bandwidth within the necessary bandwidth (0 
dBsd), where attenuation in this sense refers to the reduction in 
level relative to the reference, 0 dBsd, unless otherwise specified.

    The unwanted emission mask rolls off at 40 dB per decade to a 
maximum attenuation of 60 dBsd, at which point it continues on both 
sides of the carrier for all frequencies beyond this point; see Annex M 
of the NTIA Manual regarding measurement requirements (incorporated by 
reference, see Sec.  26.305); for any narrowband or single frequency 
unwanted emission which is not spread by the modulation process, the 
required attenuation shall be at least 60 dBc, where dBc is attenuation 
below the mean transmit power, rather than the dBsd value determined in 
equation 1 to this paragraph (a).
    (b) 2200-2290 MHz. (1) During the first stage of a launch, all 
spectral components larger than -[55 + 10xlog(P)] dBc (i.e., larger 
than -25 dBm) at the transmitter output must be within the spectral 
mask calculated using the following equation:
Equation 2 to Paragraph (b)(1)
M(f) = K + 90 log(R)-100 log [verbar]f-fc[verbar]; [verbar]f-fc[verbar] 
>= R/m

Where:

M(f) = power (dBc) at frequency f (MHz).
K = -20 for analog signals.
K = -28 for binary signals.
K = -61 for FQPSK-B, FQPSK-JR, SOQPSK-TG.
K = -73 for ARTM CPM.
fc = transmitter center frequency (MHz).
R = bit rate (Mbps) for digital signals or ([Delta]f +fmax)(MHz) for 
analog FM signals.
M = number of states in modulating signal (m = 2 for binary signals, 
m = 4 for quaternary signals and analog signals).
f = peak deviation.
fmax = maximum modulation frequency.

    (2) After the first stage of a launch, the emission mask set forth 
in paragraph (a) of this section shall apply.


Sec.  26.303  Power limits.

    (a) 2025-2110 MHz. The equivalent isotropically radiated power 
(EIRP) transmitted in any direction towards the horizon by an earth 
station in the 2025-2110 MHz band of the Space Launch Services shall 
not (with limited exceptions) exceed the following limits:
    (1) +40 dBW in any 4 kHz band for u <=0[deg];
    (2) +40+3u dBW in any 4 kHz band for 0[deg]< u <=5[deg]; and
    (3) Where u is the angle of elevation of the horizon viewed from 
the center of radiation of the antenna of the earth station and 
measured in degrees as positive above the horizontal plane and negative 
below it.
    (b) 2200-2290 MHz. During the first stage of a launch, the EIRP of 
any station in the 2200-2290 MHz band of the Space Launch Services 
shall not exceed 25 Watts and the transmitter output power shall not 
exceed 25 Watts. In addition, the power flux-density at the Earth's 
surface produced by emissions from a transmitter operating after the 
first stage of a launch for all conditions and for all methods of 
modulation shall not exceed the following limits:

[[Page 63324]]

    (1) -154 dB(W/m2) in any 4 kHz for angles of arrival less than 
5[deg] above the horizontal plane;
    (2) -154 + 0.5 ([delta]-5) dB(W/m2) in any 4 kHz for angles of 
arrival [delta] (degrees) between 5[deg] and 25[deg] above the 
horizontal plane; and
    (3) -144 dB(W/m2) in any 4 kHz for angles of arrival between 
25[deg] and 90[deg] above the horizontal plane.


Sec.  26.304  Antenna structures; air navigation safety.

    A licensee that owns its antenna structure(s) must not allow such 
antenna structure(s) to become a hazard to air navigation. In general, 
antenna structure owners are responsible for registering antenna 
structures with the FCC if required by part 17 of this chapter, and for 
installing and maintaining any required marking and lighting. However, 
in the event of default of this responsibility by an antenna structure 
owner, the FCC permittee or licensee authorized to use an affected 
antenna structure will be held responsible by the FCC for ensuring that 
the antenna structure continues to meet the requirements of part 17. 
See Sec.  17.6 of this chapter.
    (a) Marking and lighting. Antenna structures must be marked, 
lighted and maintained in accordance with part 17 of this chapter and 
all applicable rules and requirements of the Federal Aviation 
Administration (see Sec. Sec.  77.5 through 77.11 of this chapter). For 
any construction or alteration that would exceed the requirements of 
Sec.  17.7 of this chapter, licensees must notify the appropriate 
Regional Office of the Federal Aviation Administration (FAA Form 7460-
1) and file a request for antenna height clearance and obstruction 
marking and lighting specifications (FCC Form 854) with the FCC, WTB, 
1270 Fairfield Road, Gettysburg, PA 17325.
    (b) Maintenance contracts. Antenna structure owners (or licensees 
and permittees, in the event of default by an antenna structure owner) 
may enter into contracts with other entities to monitor and carry out 
necessary maintenance of antenna structures. Antenna structure owners 
(or licensees and permittees, in the event of default by an antenna 
structure owner) that make such contractual arrangements continue to be 
responsible for the maintenance of antenna structures in regard to air 
navigation safety.


Sec.  26.305  Incorporation by reference.

    Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by 
reference (IBR) material is available for inspection at the Federal 
Communications Commission (FCC) and at the National Archives and 
Records Administration (NARA). Contact the FCC at the address indicated 
in Sec.  0.401(a) of this chapter; phone: (202) 418-0270; email: 
[email protected]. For information on the availability of this material 
at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or 
email [email protected]. The material may be obtained from 
National Telecommunications and Information Administration (NTIA), 
Office of Spectrum Management, 1401 Constitution Avenue NW, Room 1087, 
Washington, DC 20230; phone (202) 482-1850; website: www.ntia.gov/office/office-spectrum-management-osm:
    (a) NTIA Manual of Regulations and Procedures for Federal Radio 
Frequency Management, Annex J: Guidance for Determination of Necessary 
Bandwidth, NTIA Manual of Regulations and Procedures for Federal Radio 
Frequency Management, January 2023 Revision (of the January 2021 
Edition); IBR approved for Sec.  26.302. (Available at www.ntia.gov/sites/default/files/2023-11/j_2021_edition_rev_2023.pdf.)
    (b) NTIA Manual of Regulations and Procedures for Federal Radio 
Frequency Management, Annex M: Measurement Methods, January 2023 
Revision (of the January 2021 Edition); IBR approved for Sec.  26.302. 
(Available at www.ntia.gov/sites/default/files/2023-11/m_2021_edition_rev_2023.pdf.)

0
10. Delayed indefinitely, add Sec.  26.106 to read as follows:


Sec.  26.106  Submission and filing of applications.

    (a) Applications for authorizations in the Space Launch Services 
must be filed in the Universal Licensing System (ULS) in accordance 
with part 1, subpart F, of this chapter. All modifications or renewals 
of licenses, assignments or transfers of control of licenses or any 
rights thereunder, and waiver requests associated with any of the 
foregoing shall be granted only upon an application filed pursuant to 
part 1, subpart F, as well. Applicants should also refer to the 
Commission rules regarding the payment of statutory charges (subpart G 
of part 1) and the use of the FCC Registration Number (FRN) (see 
subpart W of part 1).
    (b) All applications and other filings using the application and 
notification forms listed in part 1, subpart F, of this chapter or 
associated schedules must be filed electronically in accordance with 
the electronic filing instructions provided by ULS. The Commission will 
announce by public notice the deployment date of the service in ULS and 
provide corresponding filing instructions.

0
11. Delayed indefinitely, add Sec.  26.108 to read as follows:


Sec.  26.108  Content of applications; registration of stations.

    (a) Application for authorization. Each application for 
authorization required by this part shall be specific and complete with 
regard to the information requested by the application forms in part 1, 
subpart F, of this chapter and associated public notice(s). Applicants 
must provide any additional information requested by the National 
Telecommunications and Information Administration (NTIA) or the 
frequency coordinator to complete the frequency coordination process 
set forth in subpart C of this part.
    (b) Station registration. Once authorization is granted, Space 
Launch Services licensees must register in ULS each launch site and 
each corresponding station (fixed, base, itinerant, or mobile) that 
will be used in their space launch operations, as well as each 
individual launch that has completed the frequency coordination process 
set forth in subpart C of this part.
    (c) Update of data. Space Launch Services licensees have a 
continuing obligation to update their licenses and corresponding site 
and station registration data as soon as the operational or technical 
details of a launch changes to ensure proper coordination.

0
12. Delayed indefinitely, add Sec.  26.202 to read as follows:


Sec.  26.202  Frequency coordinator requirements.

    Once an application for a new Space Launch Services authorization 
is granted, each Space Launch Services licensee must submit, for each 
proposed launch operation, the applicable launch site and corresponding 
fixed, base, itinerant, and mobile stations consistent with this 
subpart and submit their technical and operational parameters to the 
space launch frequency coordinator to initiate post-grant frequency 
coordination. Any changes to the technical and operational parameters 
for a launch event that occur after completion of post-grant frequency 
coordination also require coordination, and these changes shall be 
provided to initiate an updated post-frequency grant coordination.
    (a) The space launch frequency coordinator may request, and Space 
Launch Services licensees are required

[[Page 63325]]

to provide, all appropriate technical information, system requirements, 
and justification for requested station parameters when such 
information is necessary to identify and recommend the most appropriate 
frequency.
    (b) In the 2025-2110 MHz band:
    (1) Site-based local coordination. (i) The space launch frequency 
coordinator must initiate a post-grant coordination request for site-
specific coordination with the local Broadcast Auxiliary Service (BAS) 
frequency coordinator, including the provision of all necessary 
technical and operational parameters for each space launch licensee, to 
protect BAS, Cable Television Relay Service (CARS), and Local 
Television Transmission Service (LTTS) operations, as well as Federal 
entities that have completed coordination with the BAS frequency 
coordinator.
    (ii) The space launch frequency coordinator is not required to 
initiate a post-grant coordination request for site-specific 
coordination with the local BAS frequency coordinator if the Space 
Launch Services licensee provides a showing to the space launch 
frequency coordinator that:
    (A) It has previously coordinated its proposed launch operations 
with the appropriate local BAS frequency coordinator and continues to 
comply with any conditions or agreements resulting from such prior 
coordination, or that it has entered into applicable coordination 
agreements with co-frequency entities;
    (B) It has ascertained that its proposal will not constrain, 
preclude, nor interfere with incumbents in the band, including BAS, 
CARS, and LTTS licensees and previously coordinated Federal operations; 
and
    (C) It has demonstrated in a technical showing that its proposed 
operation will not create more than 0.5 dB increase in the noise 
threshold of a receiver at a fixed or temporary fixed electronic news 
gathering (ENG) receive site.
    (iii) Upon request, the space launch frequency coordinator and/or 
the Space Launch Services licensee must provide any additional 
information requested by the local BAS frequency coordinator regarding 
a pending recommendation that it has processed but has not yet been 
granted.
    (iv) It is the responsibility of the space launch frequency 
coordinator to ensure that its frequency recommendations do not 
conflict with the frequency recommendations of the local BAS frequency 
coordinator. Should a conflict arise, the affected coordinators are 
jointly responsible for taking action to resolve the conflict, up to 
and including notifying the Commission and the National 
Telecommunications and Information Administration (NTIA) that a launch 
request must be denied.
    (2) Per-launch coordination with NTIA. (i) To protect Federal users 
in the band, the space launch frequency coordinator shall conduct a 
post-grant, per-launch coordination with NTIA by providing the Space 
Launch licensee's site and station registration with their 
corresponding technical and operational parameters to initiate the 
coordination process for each proposed launch.
    (ii) To assist NTIA's review, the space launch frequency 
coordinator may provide a showing that the operational and technical 
parameters of a proposed launch are consistent with a prior successful 
coordination and that the space launch licensee continues to comply 
with any conditions or agreements resulting from such prior 
coordination or that its proposed launch is covered by an applicable 
coordination agreement(s) with co-frequency entities.
    (c) In the 2200-2290 MHz band:
    (1) Per-launch coordination with NTIA. (i) To protect Federal users 
in the band, the space launch frequency coordinator shall conduct a 
post-grant, per-launch coordination with NTIA by providing the Space 
Launch Services licensee's site and station registration with their 
corresponding technical and operational parameters to initiate the 
coordination process for each proposed launch.
    (ii) To assist NTIA's review, the space launch frequency 
coordinator may provide a showing that the operational and technical 
parameters of a proposed launch are consistent with a prior successful 
coordination and that the space launch licensee continues to comply 
with any conditions or agreements resulting from such prior 
coordination or that its proposed launch is covered by an applicable 
coordination agreement(s) with co-frequency entities.
    (2) [Reserved]

0
13. Delayed indefinitely, add Sec.  26.301 to read as follows:


Sec.  26.301  Authorized bandwidth.

    The Commission shall issue licenses in the Space Launch Services 
with bandwidths up to and including 5 megahertz, provided that the 
Commission may issue licenses with a maximum bandwidth exceeding 5 
megahertz upon adequate justification from a license applicant 
explaining why the requested bandwidth is necessary for specific space 
launch operations, including an explanation of why the applicant's 
operations cannot be satisfied using a bandwidth of 5 megahertz or 
less.

[FR Doc. 2024-16638 Filed 8-2-24; 8:45 am]
BILLING CODE 6712-01-P