[Federal Register Volume 90, Number 44 (Friday, March 7, 2025)]
[Rules and Regulations]
[Pages 11480-11493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02961]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 26
[ET Docket No. 13-115; FCC 24-132; FR ID 273296]
Allocation of Spectrum for Non-Federal Space Launch Operations
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) implements certain provisions of the Launch Communications
Act (LCA) enacted September 26, 2024, governing the authorization and
facilitation of commercial space operations in the 2025-2110 MHz, 2200-
2290 MHz, and 2360-2395 MHz bands (collectively, the LCA bands). To
meet this statutory mandate, the Commission builds upon its action in
the September 2023 Second Report and Order which, among other things,
reallocated the 2025-2110 MHz and 2200-2290 MHz bands for non-Federal
Space Operation on a secondary basis and adopted, for these two bands,
space launch licensing framework. Specifically, the Commission
reallocates the 2360-2395 MHz band on a secondary basis for Space
Operation. Next, the Commission incorporates the 2360-2395 MHz band
into its existing part 26 space launch regulatory framework that
includes, for example, space launch licensing and frequency
coordination rules. In order to protect critical Federal and non-
Federal flight testing operations, we incorporate into our certain
technical rules from our current. Finally, the Commission confirms that
the specific licensing, registration, frequency coordination, and
frequency coordinator selection procedures, to be refined by the
Wireless Telecommunications Bureau (Bureau or WTB) on delegated
authority, will apply to the LCA bands.
DATES: The rules are effective April 7, 2025, except for amendatory
instruction 9 (adding Sec. 26.202(d)), which is indefinitely delayed.
The Federal Communications Commission will publish a document in the
Federal Register announcing the effective date of this rule section.
ADDRESSES: Federal Communications Commission, 45 L St. NE, Washington,
DC 20554.
FOR FURTHER INFORMATION CONTACT: For additional information on this
proceeding, contact Nicholas Oros of the Office of Engineering and
Technology, at [email protected] or 202-418-0636; Mark DeSantis of
the Wireless Telecommunications Bureau at [email protected] or 202-
418-0678; or Julia Malette of the Space Bureau, at
[email protected] or 202-418-2453.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third
Report and Order in ET Docket No. 13-115; FCC 24-132, adopted on
December 23, 2024, and released on December 31, 2024. The full text of
this document is available for public inspection online at https://www.fcc.gov/document/fcc-expands-reliable-spectrum-resources-commercial-space-launches.
Synopsis
1. The LCA directs the Commission, within 90 days of enactment, to
complete any proceeding in effect as of the date of the LCA's enactment
relating to the adoption of service rules for access to the 2025-2110
MHz, 2200-2290 MHz, and 2360-2395 MHz bands for ``commercial space
launches and commercial space reentries . . . .'' As an initial matter,
we find that the Commission's actions in the Second Report and Order,
published at 89 FR 63296, August 5, 2024, satisfy our LCA obligations
regarding the 90-day requirement for the 2025-2110 MHz and 2200-2290
MHz bands, as we not only allocated these two frequency bands for Space
Operation, but also created the part 26 regulatory framework, which
includes service rules for space launch operations in those two bands,
including ``technical specifications, eligibility requirements, and
coordination procedures to preserve the defense capabilities of the
United States.'' In the Third Report and Order, the Commission modifies
its rules to satisfy the LCA's 90-day directive with respect to the
2360-2395 MHz band.
2. Consistent with the LCA's requirements and the record developed
in this proceeding, the Commission first modifies the U.S. Table and
adopt a non-Federal secondary allocation for Space Operation in the
2360-2395 MHz band. Second, the Commission amends its current part 26
licensing and technical rules to incorporate the 2360-2395 MHz band,
thereby leveraging a streamlined authorization and coordination
framework that will apply to all part 26 applicants and licensees
operating in the LCA bands. The Commission finds that this approach to
authorizing space launch operations in the 2360-2395 MHz band will help
ensure that incumbents, particularly Federal and non-Federal AMT flight
test operators, are protected from harmful interference. The
Commission's action in the Third Report and Order not only fulfills the
directives of the LCA to complete any proceeding in effect, but also
provides regulatory certainty and improved efficiency for commercial
space launch operations, and promotes
[[Page 11481]]
continued innovation and investment in the United States commercial
space launch industry.
3. The Commission recognizes that the LCA directs the Commission to
``complete any proceeding'' as it relates to a secondary allocation and
adoption of services rules for ``commercial space launches and
commercial space reentries'' in the LCA bands, and therefore clarify
that its decision today does not complete the proceeding as it relates
to other open issues raised in the Second Further Notice, published at
89 FR 6488, February 2, 2024. Specifically, the Third Report and Order
does not address, among other things: three footnotes to the U.S. Table
related to the use of spectrum by crewed and uncrewed spacecraft during
space missions, as raised by NTIA; additional allocations and licensing
needs for ISS-related space-to-space communications; spectrum
allocation and licensing needs related to suborbital spaceflight; or
the use of the 1435-1525 MHz band for space launch operations. These
issues remain open and subject to possible future Commission action.
4. Reallocating the 2360-2395 MHz Band for Space Operation Pursuant
to the LCA. The LCA requires, among other things, that the Commission
``allocate on a secondary basis [the 2025-2110 MHz, 2200-2290 MHz, and
2360-2395 MHz bands] for commercial space launches and commercial space
reentries.'' In the Second Report and Order, the Commission adopted a
non-Federal secondary allocation for Space Operation in the 2025-2110
MHz band and enhanced the existing secondary allocation for Space
Operation in the 2200-2290 MHz band, expanding it from four sub-
channels to span the entire band. In the Second Further Notice, the
Commission sought comment on several potential modifications to the
U.S. Table that could continue our efforts to provide regulatory
certainty and additional spectrum for space launch operations. Taking
into account the clear Congressional directive in the LCA, which
requires the Commission to ``allocate [the 2360-2395 MHz band] on a
secondary basis . . . for commercial space launches and commercial
space reentries,'' as well as the record in response to the Second
Further Notice, we find sufficient support and justification for
adopting a new secondary allocation for Space Operation in the 2360-
2395 MHz band.
5. In adopting the Space Operation allocations for the 2025-2110
MHz and 2200-2290 MHz bands, the Commission made space launch
operations subject to various conditions, including limiting them to
pre-launch testing and space launch operations. In the Second Report
and Order, the Commission defined ``space launch operations'' broadly,
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
Space Operation allocations the Commission adopted for these bands
therefore permit use for both commercial space launches and commercial
space reentries. Accordingly, the Commission concludes that the actions
taken in Second Report and Order satisfy the requirements of Sec.
2(a)(1)(B) of the LCA with respect to allocations of the 2025-2110 MHz
and 2200-2290 MHz bands. In the Third Report and Order, the Commission
addresses the allocation for the 2360-2395 MHz band and thereby satisfy
the requirements of Sec. 2(a)(1)(B) of the LCA with respect to this
band. To clearly reflect the extent of the activities permitted under
the Space Operation allocations for the LCA bands, the Commission adds
the definition of ``space launch operations'' that the Commission
adopted in the Second Report and Order into part 2 of our rules.
6. In the Third Report and Order, the Commission notes that ``Space
Operation Service'' is defined in the U.S. Table as ``a
radiocommunication service concerned exclusively with the operation of
spacecraft, in particular space tracking, space telemetry, and space
telecommand.'' The LCA, however, does not refer to an allocation for
``Space Operation.'' Rather, it requires a secondary allocation for
``frequencies for commercial space launches and commercial space
reentries,'' which it defines as a launch or reentry licensed under
chapter 509 of title 51, United States Code. The Commission finds that
the Space Operation allocation is sufficient to cover frequencies for
the launches and reentries that are licensed under chapter 509 of title
51, United States Code, as referenced in the LCA. The Commission also
notes that Sec. 2(a)(3) of the LCA provides that ``[a]ccess to the
frequencies . . . in accordance with the service rules'' and the
``allocation of such frequencies'' adopted under the specified
provisions of the LCA ``shall be limited to the use of such frequencies
for commercial space launches and commercial space reentries.'' The
Commission reads this language as specifying what the Commission is
required to adopt and allocate under the LCA, not as a limitation on
our authority to take actions in the public interest to carry out the
provisions of the Communications Act, consistent with our authority
under Title III, outside of the mandates of the LCA.
7. In the Second Further Notice, the Commission sought further
comment on expanding use of the 2360-2395 MHz band, both in the context
of additional uses to the band as well as expanding use in the band
beyond the three frequencies currently designated. The Commission
sought comment on whether to add a primary Space Operation allocation
to the band, subject to the same restrictions that apply to these
operations under the current Mobile allocation. The Commission received
limited comment on these issues.
8. The Commission concludes that adopting a non-Federal secondary
Space Operation allocation for the 2360-2395 MHz band is necessary in
order to satisfy the requirements of the LCA. The Commission also
believes that making this band available for space launch operations
and increasing spectrum capacity beyond the 2025-2110 MHz and 2200-2290
MHz bands will provide additional regulatory certainty and promote
innovation and investment as the United States' commercial space launch
industry continues to grow. In making this determination, the
Commission acknowledges the concerns AFTRCC raises regarding potential
interference to AMT flight test operations from expanding use of the
2360-2395 MHz band for space launch operations. However, the Space
Operation allocation that the Commission adopts today pursuant to the
LCA directive is on a secondary basis, and thus, space launch
operations conducted under this allocation will be prohibited from
causing harmful interference to AMT flight test operations in the 2360-
2395 MHz band. The Commission also recognizes that the 2390-2395 MHz
portion of the band has a co-primary allocation for the Amateur
Service. Commercial space launch operations conducted under this
allocation therefore will be prohibited from causing harmful
interference to entities operating pursuant to the Amateur Service
allocation.
9. The Commission also finds it appropriate to impose restrictions
on this Space Operation allocation similar to those imposed on the
Mobile allocation in this band and on the Space Operation allocations
for the 2025-2110 MHz and 2200-2290 MHz bands. Space
[[Page 11482]]
Operations in the 2360-2395 MHz band will therefore be limited to
telemetering and associated telecommand operations during pre-launch
testing and space launch operations. Space Operations in this band will
also be subject to coordination prior to each launch, as discussed in
detail below, allowing parties to make necessary adjustments to their
operations to both avoid causing and receiving harmful interference.
However, unlike the co-primary Mobile allocation limiting telemetering
and associated telecommand operations of expendable and re-usable
launch vehicles to three frequencies, as specified in footnote US276 of
the U.S. Table, the secondary Space Operation allocation we adopt here
covers the entire 2360-2395 MHz band. The Commission also notes that
the existing co-primary allocation for Mobile operations in this band
remains unchanged, which will enable commercial space launch operators
seeking interference protection from flight test operations to continue
to seek authorization to use the three frequencies identified in Sec.
87.303(d)(1) of the Commission's rules and in footnote US276 of the
U.S. Table under existing conditions.
10. Licensing Space Launch Operations in the 2360-2395 MHz Band. In
the Second Report and Order, the Commission established part 26 of the
Commission's rules to implement a regulatory framework authorizing
space launch operations under a new standalone rule part, rather than
integrating those rules into multiple existing Commission rule
subparts. In so doing, the Commission sought to establish a nationwide
licensing framework that would provide prospective space launch
licensees with greater certainty through streamlined access and use of
the 2200-2290 MHz and 2025-2110 MHz bands. In the Second Further
Notice, the Commission sought general comment on administering space
launch operations in the 2360-2395 MHz band.
11. After review of the record, the Commission believes that
expanding our current part 26 rules to allow eligible entities to
utilize the 2360-2395 MHz band for space launch operations not only
satisfies the Congressional mandate to complete any proceeding in
effect related to the adoption of specified service rules for access to
frequencies in this band in the required near-term timeframe, but also
furthers key Commission goals by providing regulatory certainty to
licensees and leveraging efficiencies of scale and scope that will spur
innovation, investment, and rapid deployment of space launch
operations. The Commission also finds it in the public interest to
build upon the Commission's action in the Second Report and Order in
which it created a standalone rule part that will enable more efficient
regulation and authorization of space launch operations, while also
protecting incumbent operations from harmful interference. As such, the
Commission finds that expanding the part 26 rules to include the 2360-
2395 MHz band is the most efficient and cost-effective way to harmonize
our approach to authorizing space launch operations across the LCA
bands and also to reduce administrative burdens.
12. Given the LCA's clear directive to establish near-term access
to the 2360-2395 MHz band for space launch operations, the Commission
finds that the most practical and efficient way to satisfy that mandate
is to incorporate the 2360-2395 MHz band into the part 26 licensing
framework. The Commission also finds it unnecessary to require a
conventional cost-benefit analysis since our action today is fulfilling
a Congressional mandate. In addition, the Commission finds that there
are multiple public interest benefits that flow from expanding the part
26 space launch licensing framework to incorporate the 2360-2395 MHz
band, including establishing a clear set of rules for authorizing and
coordinating spectrum access for space launch operations, and
maximizing the overall use of the 2360-2395 MHz band. Further, the
Commission concludes that integrating the 2360-2395 MHz band into the
current part 26 licensing framework will offer commercial space launch
operators the flexibility to accommodate and account for future
expansion in the space launch industry, without having to extensively
rely on the site-by-site, temporary part 5 experimental STA process.
Such expansion includes not only the construction of more launch sites
(Federal or non-Federal) and a growing number of entities conducting
space launch operations in the LCA bands, but also the introduction of
new and improved launch vehicle technologies.
13. Part 26 Nationwide License and Eligibility. In expanding the
current part 26 licensing framework, the Commission clarifies that an
eligible entity seeking to conduct space launch operations may apply
for a nationwide, non-exclusive license to operate in any of the LCA
bands. The grant of a license under part 26 to operate in any or all of
the LCA bands will continue to serve as a prerequisite for registering
launch sites and operational parameters, space launch vehicle stations,
and itinerant stations needed to support a launch. In developing the
part 26 licensing framework, the Commission found that ``[n]ationwide
licensing offers the advantages of a simpler, more streamlined
application process that shifts the burden of information coordination
from the licensing stage to post-licensing site registration and per-
launch coordination with the relevant [f]ederal and non-[f]ederal
entities.'' Expanding the Commission's part 26 rules to include the
2360-2395 MHz band aligns with the Congressional mandate to adopt
regulations that streamlines the process for granting access to all of
the authorized LCA bands for space launch operations in a manner that
is efficient and flexible for prospective part 26 licensees, while also
protecting incumbent operations in each of the bands.
14. In addition to creating a more streamlined application process
for the 2360-2395 MHz band, expanding our nationwide, non-exclusive
licensing framework to this band results in part 26 licensees having
``equal rights to the use of the spectrum [in all three of the LCA
bands] as long as they comply with all applicable licensing, service,
and operating rules'' while also establishing the ``mutual obligation
to cooperate and avoid causing harmful interference to other users in
the band[s].'' In the Second Report and Order, the Commission reasoned
that offering access to the 2025-2110 MHz and 2200-2290 MHz bands on a
shared, non-exclusive basis would offer a more ``predictable,
collaborative, and flexible means of gaining access to the spectrum,''
and we believe that this reasoning applies equally to our extension of
this licensing regime to the 2360-2395 MHz band. Moreover, given the
potential for many different launch vehicle operators to use a given
launch facility, the Commission continues to believe that authorizing
space launch operations on a shared and cooperative basis is a
reasonable approach for providing spectrum access to multiple space
launch entities.
15. The Commission recognizes that incumbents conduct critical
operations in the LCA bands, and as further discussed herein, the
Commission will continue to require all part 26 licensees to abide by
their mutual obligation to cooperate with and avoid causing harmful
interference to other users in these bands. The Commission believes
that its part 26 space launch operations licensing framework, including
the post-license grant, per-launch frequency coordination requirement,
will aid in ensuring that co-channel entities operating in the LCA
bands, whether
[[Page 11483]]
Federal or non-Federal, are protected from harmful interference. The
Commission therefore finds it in the public interest to apply the part
26 framework to the 2360-2395 MHz band.
16. Scope of Service. In integrating the 2360-2395 MHz band into
the part 26 regulatory framework consistent with the Second Report and
Order, the Commission also continues to limit the scope of operations.
In adopting the part 26 rules, the Commission limited the definition of
commercial ``space launch operations'' to activities associated only
with the launch and recovery or reentry of a launch vehicle, which
excludes payload and other on-orbit communications. The Commission,
however, found that this definition was sufficiently broad and
therefore it did not need to include ``an exhaustive list of
permissible operations or defin[e] a launch by stages given that
operations may vary from launch to launch.'' The Commission also found
that this definition was similar to the definition applied to the term
``launch'' in both the Commercial Space Launch Act, as amended, and the
Federal Aviation Administration's (FAA) commercial space transportation
rules. Given the LCA's mandate to provide access to the 2360-2395 MHz
band for commercial space launches and reentries, including its
specific use of the terms ``commercial space launch'' and ``commercial
space reentry'' as defined in Sec. 2(e) of the LCA, we continue to
believe that the Commission's definition of ``space launch operations''
is appropriate and therefore apply it to part 26 operations in the
2360-2395 MHz band. The Commission also notes that its decision today
aligns with AFTRCC's proposal that the Commission continue to limit the
scope of operations in this way. Accordingly, in expanding our part 26
licensing framework to include an additional band, the Commission
maintains the scope of space launch operations to activities associated
only with launch, recovery, and reentry of a launch vehicle.
17. Permissible Operations. In addition to establishing the part 26
scope of service to exclude on-orbit and payload communications, the
Commission, in the Second Report and Order explained that certain
communications are authorized only during space launch operations,
which 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. The Commission also clarified that on-
orbit communications after a launch vehicle separates from its payload
are not permitted pursuant to the part 26 framework. It then tailored
specific use limitations that acknowledged the limits of the allocation
in each respective band (e.g., Earth-to-space, space-to-Earth). In
particular, the Commission limited use of the 2025-2110 MHz band to
ground-to-launch vehicle telecommand uses necessary to support space
launch operations, and also limited use of the 2200-2290 MHz band to
launch vehicle-to-ground communications associated with telemetry and
tracking operations.
18. After review of the record, the Commission finds it appropriate
to rely on our prior decision in the Second Report and Order, as well
as the current part 87 rule limitations applicable to space launches,
to establish the scope of permissible uses in the 2360-2395 MHz band.
As an initial matter, consistent with the Commission's decision in the
Second Report and Order applicable to the 2025-2110 MHz and 2200-2290
MHz bands, the Commission finds that a part 26 licensee may only
operate in the 2360-2395 MHz band during space launch operations. The
Commission also finds that on-orbit communications in the 2360-2395 MHz
band after a launch vehicle separates from its payload are not
permitted, other than incidental use to the extent necessary to
successfully complete a launch operation, as provided in Sec. 26.3(c)
of our rules. Although the Commission recognizes that some stakeholders
advocate for an expanded range of permissible uses in the 2360-2395 MHz
band, we find that expanding operations in this band in the manner
specified by stakeholders is inappropriate at this time. This approach
is consistent with the LCA's directive to the Commission to limit
access to the 2360-2395 MHz band pursuant to the secondary allocation
that the Commission adopts today for Space Operations, which includes
``commercial space launches and commercial space reentries.'' Applying
this limitation to the 2360-2395 MHz band also aligns with the
Commission's decision in the Second Report and Order to permit part 26
space launch operations in a manner that aids in ensuring that
incumbent operations are adequately protected. Further, while the
Commission expands access for part 26 space launch operations to the
entire 2360-2395 MHz band per the LCA's directive, we find it
appropriate to pattern our approach after the relevant part 87
permissible use limitations applicable to the three frequencies in the
2360-2395 MHz band currently available for space launch operations.
Accordingly, the Commission amends its part 26 rules to specifically
permit the use of the entire 2360-2395 MHz band for ground-to-launch
vehicle and launch vehicle-to-ground communications associated with
telemetry and telecommand uses necessary to support space launch
operations. This approach ensures that part 26 licensees can access the
2360-2395 MHz band in a manner that promotes co-existence with current
operations in the band.
19. In incorporating the 2360-2395 MHz band into the part 26
framework, the Commission seeks to align space launch operations with
current operations in that band. This conforms with the approach taken
in the Second Report and Order, which maintained the pre-existing
Federal Space Operation allocations' restrictions relating to uplink or
downlink for two of the LCA bands, as follows: 2025-2110 MHz band
(Earth-to-space) and 2200-2290 MHz band (space-to-Earth). The 2360-2395
MHz band is currently available, through a primary Mobile allocation
that is not limited to uplink or downlink, for AMT flight testing for
telemetry and telecommand of launch vehicles in the three specific
frequencies as discussed. As stated, in this Third Report and Order the
Commission allocates the 2360-2395 MHz band for secondary Space
Operation (Earth-to-space and space-to-Earth). Accordingly, the
Commission finds it appropriate to permit part 26 licensees in the
2360-2395 MHz band to use the Space Operation allocation for either
uplink or downlink, consistent with the scope of operations and
permissible uses discussed above, specifically for ground-to-launch
vehicle and launch vehicle-to-ground communications associated with
telemetry and telecommand uses necessary to support space launch
operations.
20. License Term, Renewal, Discontinuance of Service Rules, and
Performance Requirements. Consistent with the LCA, which requires the
Commission to complete any proceeding in effect related to adoption of
service rules for the LCA bands for commercial space launch and
reentry, the Commission finds it appropriate to apply the rules
previously adopted for the 2025-2110 MHz and 2200-2290 MHz bands to the
2360-2395 MHz band. Although the Commission received no comments
addressing these specific service rule issues, for administrative
efficiency and to provide regulatory certainty to applicants and
licensees, the Commission applies the current license term and renewal
rules. All part 26 space launch licenses will be
[[Page 11484]]
issued for an initial license term of ten years. In addition, a part 26
licensee will be eligible for a subsequent license term of 10 years
upon successful demonstration by the licensee that it qualifies for
license renewal. A licensee will also be entitled to renewal if it
remains otherwise qualified and can certify that it has: (1) operated
and is continuing to operate consistent with Commission rules and the
terms of its existing authorization; and (2) complied with the required
coordination throughout its license term. The Commission continues to
believe that imposing this requirement will aid the Commission in
verifying that part 26 licensees are operating within licensed
parameters, thereby helping to manage use and prevent interference
within congested bands. Due to the nature of space launch operations
and to maintain consistency with the part 26 framework governing the
2025-2110 MHz and 2200-2290 MHz bands, the Commission will not apply
our permanent discontinuance rules to space launch operations in the
2360-2395 MHz band. Further, consistent with the approach taken in the
Second Report and Order, which noted the ``variable nature of space
launch operations,'' including the fact that ``a space launch operator
might not have ground facilities,'' the Commission declines to impose a
construction requirement on part 26 licensees operating in the 2360-
2395 MHz band.
21. Secondary Markets Limitations. Finally, the Commission
clarifies that once an entity receives a license for space launch
operations, including in the 2360-2395 MHz band, it may assign or
transfer its part 26 license pursuant to Sec. 1.948 of the
Commission's rules. Consistent with the Commission's approach in the
Second Report and Order relating to the 2025-2110 MHz and 2200-2290 MHz
bands, however, the Commission finds that licensees in the 2360-2395
MHz band will only be permitted to assign or transfer their part 26
nationwide, non-exclusive license in full, and shall not be permitted
to partition or disaggregate. Similarly, as the Commission is applying
our non-exclusive licensing framework to the 2360-2395 MHz band, such
licensees are not permitted to lease spectrum pursuant to part 1,
subpart X of our rules, which provides for leasing arrangements
involving exclusive spectrum. The Commission finds that its streamlined
approach in the Second Report and Order, as extended in today's action,
coupled with the required post-grant, per-launch coordination, will
nonetheless permit a high degree of access and spectrum re-use in these
bands by multiple users.
22. Part 26 License and Registration Filing Requirements. In the
Third Report and Order, the Commission incorporates the 2360-2395 MHz
band into our streamlined part 26 licensing and registration process,
consistent with the decision to expand our overall part 26 regulatory
framework. The part 26 rules established in the Second Report and Order
include a licensing framework designed to allow applicants to request
authorization covering all launches within their license terms and to
allow access to various spectrum bands on a non-exclusive basis. Those
rules require an eligible space launch operator to first apply for a
part 26 license by submitting a FCC Form 601 in ULS through which it
will provide administrative details and certify regarding its
eligibility. The Commission found that space launch operators need only
provide the administrative information and eligibility certifications
in the application for a nationwide, non-exclusive license, and would
later register data associated with specific coordinated launches after
license grant. By adding the 2360-2395 MHz band to the part 26
regulatory framework, the Commission applies the same application
filing requirement for eligible entities interested in applying for a
part 26 nationwide license that includes this band.
23. Similarly, the Commission also applies its part 26 launch site,
station, and launch registration requirements for space launch
operations in the 2360-2395 MHz band. In particular, the Commission
will require a space launch operator that has been granted a part 26
license for operations in any of the LCA bands to then register in ULS
its launch sites and operational parameters, space launch vehicle
stations, and itinerant stations needed to support each launch.
Following initial registration of stations and launch sites, a
licensee, through a third party frequency coordinator, must coordinate
specific launch parameters with NTIA and other non-Federal users.
Following successful coordination, a licensee must then register in ULS
the specific technical and operating parameters associated with the
coordinated launch. A licensee is only authorized for space launch
operations after it has registered the coordinated technical and
operational parameters in ULS, subject to the condition that the
licensee re-register, if necessary, and re-coordinate the launch if
technical or operational details change. A licensee must also maintain
and update the registered sites and stations, including deleting any
unused or superseded launch site or station information.
24. In the Third Report and Order the Commission finds that
expanding our part 26 application and registration process to include
the 2360-2395 MHz band is the appropriate mechanism for fulfilling
Congress' directive, and we agree with SpaceX that using our part 26
application process for the 2360-2395 MHz band would result in a more
flexible and efficient licensing process. Specifically, the mechanism
created in the Second Report and Order with respect to the 2025-2110
MHz and 2200-2290 MHz bands, and extended through today's action to the
2360-2395 MHz band, will ultimately replace the STA approach that
requires space launch operators to submit an application for each
launch. The Commission believes that integrating the 2360-2395 MHz band
into the part 26 regulatory framework satisfies the LCA directives by
streamlining the process for granting authorizations to the LCA bands
that includes, among other things, multiple uses of multiple frequency
bands for multiple launches. Accordingly, the Commission applies its
part 26 application and registration process for authorizing space
launch operations in the 2360-2395 MHz band.
25. ITU Process. The International Telecommunication Union (ITU)
Radio Regulations are treaty provisions binding on the United States,
and require that no transmitting station may be established or operated
by a private person or by any enterprise without a license by or on
behalf of the government of the country to which the station in
question is subject. Section 303 of the Communications Act authorizes
the Commission to take actions to implement the ITU Radio Regulations.
In the Second Report and Order, recognizing its duty to carry out the
United States' treaty obligations, the Commission opted to require part
26 licensees, on a case-by-case basis, to submit appropriate draft
documentation for submission to the ITU if the scope and nature of the
space launch operations would have the potential to cause harmful
interference in another country. Consistent with the LCA's directive to
streamline the authorization process, as well as the Commission's
action taken in the Second Report and Order, in this Third Report and
Order the Commission will also require draft ITU submission(s) on a
case-by-case basis for the 2360-2395 MHz band, rather than adopting a
blanket requirement.
26. Frequency Coordination. Through this part 26 regulatory
framework, the Commission requires the licensee to
[[Page 11485]]
initiate coordination by filing a frequency coordination request with
the frequency coordinator after it has registered its station(s) and
launch site information associated with the launch in ULS. After
verifying that the operator is licensed, the frequency coordinator must
initiate coordination by submitting the licensee's site and station
registration to NTIA with the licensee's corresponding technical and
operating parameters. To assist NTIA's review, the 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 with co-frequency entities. Further, the current
part 26 framework requires the frequency coordinator to coordinate with
non-Federal users in the 2025-2110 MHz through the local BAS frequency
coordinator.
27. Federal Coordination in the 2360-2395 MHz Band. As directed by
the LCA and consistent with the Commission's decision in the Second
Report and Order regarding Federal coordination of space launch
operations, we extend our part 26 NTIA coordination framework to the
2360-2395 MHz band and will require part 26 licensees seeking access to
that band to complete NTIA coordination through the space launch
frequency coordinator. The Commission finds that continuing this
approach, as first implemented in the Second Report and Order for the
2025-2110 MHz and 2200-2290 MHz bands, meets the LCA's directive to
adopt ``. . . coordination procedures to preserve the defense
capabilities of the United States.'' More specifically, to protect
Federal incumbents in the 2360-2395 MHz band, we will require the part
26 frequency coordinator to conduct a post-grant, per-launch
coordination with NTIA by providing the part 26 licensee's site and
station registration with the licensee's corresponding technical and
operational parameters to initiate the coordination process for each
proposed launch. 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.
28. The Commission believes that extending this existing post-grant
coordination process to the 2360-2395 MHz band will provide space
launch operators access to needed spectrum and relief from the
administrative burdens associated with the current launch-by-launch
part 5 experimental STA authorization process. Post-grant coordination
will also give space launch operators the operational flexibility to
modify their launch parameters (e.g., frequencies, 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.
Accordingly, the Commission extends its part 26 NTIA coordination
framework to the 2360-2395 MHz band consistent with the LCA.
29. Non-Federal Coordination in the 2360-2395 MHz Band. The
Commission also amends its part 26 rules to incorporate a post-grant,
per-launch coordination requirement with AFTRCC for part 26 licensees
seeking access to the 2360-2395 MHz band. In the Second Further Notice,
the Commission acknowledged that the 2360-2395 MHz band is heavily used
for AMT flight test purposes and sought comment on how it should revise
the part 26 rules, including the provisions related to coordination, to
facilitate increased use of space launch operations in that band. The
Commission acknowledges AFTRCC's position that it not prematurely
incorporate the 2360-2395 MHz band into our part 26 regulatory
framework. The Commission finds, however, that expanding its current
part 26 rules to allow eligible entities to utilize the 2360-2395 MHz
band for space launch operations satisfies the clear Congressional
mandate in the required near-term timeframe, and is supported by the
record. The Commission also believes that adopting certain coordination
procedures specific to the 2360-2395 MHz band will provide additional
regulatory certainty to licensees, while also ensuring that space
launch operations in the band can occur without causing harmful
interference to part 87 incumbent operations.
30. Given the incumbent uses in the 2360-2395 MHz band, including
critical AMT for flight testing, the Commission will continue to
require all part 26 licensees to abide by their mutual obligation to
cooperate with and avoid causing harmful interference to other users in
this band. In addition, taking into account AFTRCC's concerns regarding
the potential for harmful interference, the Commission adopts a post-
grant, per-launch coordination requirement with AFTRCC, as the part 87
coordinating committee, for space launch operations in the 2360-2395
MHz band based upon the coordination procedures adopted above relating
to protection of Federal and non-Federal users in the band. In
establishing these requirements, the Commission also takes into
consideration the coordination procedures provided by AFTRCC in its
comments as well as certain relevant aspects of Sec. 87.305 of the
Commission's rules. The Commission declines, however, to require part
26 licensees to first seek access to the 2025-2110 MHz and 2200-2290
MHz bands prior to seeking access to the 2360-2395 MHz band. The
Commission believes that doing so is inconsistent with the LCA
directive to provide access to the entire 2360-2395 MHz band, could
unnecessarily restrict use of the band, and reduce incentives to
innovate and invest in the United States' commercial space launch
industry. The Commission likewise declines to adopt requirements
related to the interoperability of equipment used for part 26 space
launch operations. Although AFTRCC states that this requirement could
``maximize flexibility to respond'' to coordination requests, the
Commission believes that imposing this requirement departs from the
Commission's longstanding adherence to technology-neutral policies. The
Commission also finds that adopting such a requirement could lead to
fewer equipment options, thereby stifling innovation and potentially
raising equipment costs.
31. The Commission finds it in the public interest to require the
part 26 frequency coordinator to conduct a post-grant, per-launch
coordination with AFTRCC by providing the part 26 licensee's site and
station registration with the licensee's corresponding technical and
operational parameters to initiate the coordination process for each
proposed launch. To assist AFTRCC'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 part 26 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.
32. The Commission believes that adopting this post-grant, per-
launch coordination requirement for the 2360-2395 MHz band in part 26
of the
[[Page 11486]]
Commission's rules, rather than in part 87, will aid in streamlining
the space launch authorization process by creating regulatory and
administrative certainty for part 26 licensees, as compared to the
current part 87 coordination framework. For the following reasons, the
Commission finds that the part 26 authorization framework is more
appropriate to govern the coordination of space launch operations. The
Commission believes that the part 26 framework creates a more efficient
regulatory process by allowing a space launch operator to apply for and
receive a license from the Commission that includes access to the LCA
bands for a ten-year term without imposing lengthy, prior coordination
requirements that could potentially delay the entity's initial entry
into those bands. The part 26 framework also utilizes a post-grant,
per-launch coordination process that provides the licensee, after it
receives the license, the opportunity and flexibility to register
specific areas of operation (site location, launch vehicle, in-flight
trajectories, power levels, etc.) for each individual launch event. The
Commission also notes that utilizing this post-grant, per-launch
coordination process for space launch operations in the 2360-2395 MHz
band will increase efficiencies and is generally supported by AFTRCC.
33. In contrast, the current part 87 licensing framework requires
each entity seeking authorization for space launch operations to pre-
coordinate all of its technical and operational parameters prior to
submitting a new or modification application. Pursuant to part 1 of the
Commission's rules, all applications, including part 87 applications
and modifications, require prior Commission approval where that
application requires frequency coordination pursuant to the
Commission's rules, or requests to add a frequency or frequency block
for which the applicant is not currently authorized. Thus, if the space
launch operator were required to utilize the part 87 framework for
space launch authorizations in the 2360-2395 MHz band, the operator
would have to submit an application for a modification to its existing
license seeking prior Commission approval each time it seeks to add to
or modify the requested frequencies, power levels, emissions, antenna
height, antenna location, and/or area of operation.
34. After review of the record, the Commission finds that the part
26 framework not only aids in protecting incumbents from harmful
interference, but also furthers the Commission's goals of ensuring that
we implement a coordination process that is not overly burdensome and
that provides certainty as to spectrum access. For purposes of
administrating licensing of space launch operations, the Commission
believes that the part 87 pre-coordination framework is arguably less
efficient, and may not fully account for 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. Moreover,
adopting the coordination framework for the 2360-2395 MHz band in part
26 is consistent with the Commission's decision today to adopt or apply
similar part 26 rules across all three LCA bands. Accordingly, the
Commission applies its part 26 post-grant, per-launch coordination
framework to non-Federal coordination in the 2360-2395 MHz band, and
amend our rules to require that part 26 licensees seeking to operate in
the 2360-2395 MHz band coordinate with part 87 frequency coordinating
committee through the third party frequency coordinator.
35. Delegation of Authority and Required Bureau Public Notices.
Although the Commission in the Second Report and Order adopted rules
relating to application filing, licensing, registration and frequency
coordination, it delegated authority to the Bureau to issue public
notices seeking comment on, and to subsequently finalize, issues
related to refining the application process and accommodating frequency
coordination, including information required for license registrations
and frequency coordination requests. In addition, the Commission
delegated authority to the Bureau to adopt specific procedures for
effectuating that coordination and selecting a frequency coordinator
through public notices, including seeking comment on, and finalizing, a
mechanism and criteria for selecting the space launch frequency
coordinator.
36. On December 6, 2024, the Bureau released the Licensing
Procedures Public Notice, published at 89 FR 104502 on December 23,
2024, proposing data requirements to be included in frequency
coordination requests, and seeking comment on the specific procedures
relating to launch site, station, and launch registrations through ULS.
This included the technical data to be provided to the Commission for
purposes of registering launch sites, corresponding stations, and
coordinated launches under a part 26 space launch license, and the
required procedures and data submissions for part 26 licensees to
coordinate each individual launch with both Federal and non-Federal
users via a third-party frequency coordinator to be selected at a later
date. On the same date, the Bureau also released the Frequency
Coordinator Procedures Public Notice published at 89 FR 104499 on
December 23, 2024, on delegated authority proposing criteria and
procedures for selecting a space launch frequency coordinator. We note
that the delegation of authority through the Second Report and Order
was necessarily limited, given its scope, to procedures relating to the
2025-2110 MHz and 2200-2290 MHz bands. However, the Bureau's December
Public Notices acknowledge the recent passage of the LCA, including the
requirement that the Commission conclude any ``proceeding in effect''
within 90 days of enactment that relates to the adoption of specified
service rules for access to frequencies in the LCA bands, including the
2360-2395 MHz band. The Bureau's December Public Notices also
acknowledge that Sec. 2(b)(5) of the LCA requires the Commission to
improve coordination by the Commission with NTIA in the LCA bands, by
increasing the speed of review of applications for authorizations,
including coordination to increase automation similar to our 70/80/90
GHz service rules. Accordingly, both of the Bureau's December Public
Notices include proposals relating not only to the 2025-2110 and 2200-
2290 MHz bands, but also to the 2360-2395 MHz band.
37. We affirm the Bureau's proposals in the December Public Notices
and, building upon the express delegation afforded through the Second
Report and Order, hereby delegate authority to the Bureau to: (1)
specify, among other things, application, licensing, registration, and
frequency coordination procedures, including the data requirements to
be included in frequency coordination requests for space launch
registrations for all three of the LCA bands: 2025-2110 MHz, 2200-2290
MHz, and 2360-2395 MHz; and (2) establish a mechanism and criteria for
the Bureau to select the space launch frequency coordinator responsible
for coordinating requests to operate in the LCA bands.
38. Technical Rules for Space Launch Operations in the 2360-2395
MHz Band. To facilitate space launch operations in the 2360-2395 MHz
band in a manner that will support the evolving interests and
requirements of commercial space entities, while also minimizing
harmful interference between Federal and non-Federal operations, we
adopt technical
[[Page 11487]]
specifications--modeled after the part 87 technical specifications
currently governing the band--that we will incorporate into our part 26
rules. After reviewing the record, the Commission adopts part 26
technical requirements that mirror the part 87 rules for space launch
operations in the 2360-2395 MHz band. The Commission finds that
organizing our space launch-related rules into a single rule part, as
suggested by SpaceX, will promote administrative efficiencies and
regulatory certainty. The Commission also notes that the LCA requires
the Commission to act in the first instance by December 25, 2024, and
thus, the Commission believes that employing a wait-and-see approach to
gain extensive experience with the part 26 technical rules is not
practicable. The Commission does find merit, however, in AFTRCC's view
that the Commission should implement the existing part 87 technical
rules for 2360-2395 MHz space launch operations, given the multi-decade
track record of facilitating coexistence in the band. This approach
will not only facilitate interoperability and greater predictability in
the band, but will also minimize harmful interference to incumbent
operations, specifically, primary AMT flight test operations. Moreover,
the Commission believes that adopting a technical framework reliant on
coordination with Federal and non-Federal users that are subject to
similar emissions and power limits will also promote co-existence
between commercial space launch operations and other users in the band.
For these reasons, the Commission incorporates certain part 87
technical rules for the 2360-2395 MHz band into our part 26 regulatory
framework.
39. Authorized Bandwidth. Based upon our review of the record, the
Commission finds it in the public interest to apply the part 26
limitation of 5 megahertz authorized bandwidth to commercial space
launch operations to the 2360-2395 MHz band, while permitting
submission of case-by-case justifications to exceed this bandwidth
limit. This approach is not only consistent with the Commission's
action in the Second Report and Order for the 2025-2110 MHz and 2200-
2290 MHz bands, but also aligns with AFTRCC's proposal, since the
current part 87 rules governing the band allows bandwidths in excess of
5 megahertz upon adequate justification. As stated in the Second Report
and Order, the Commission cautions that the applicant's justification
for exceeding 5 megahertz will be carefully assessed and will not be
routinely granted. The Commission also notes that a licensee's ability
to operate in excess of 5 megahertz is dependent on its ability to
coordinate such a bandwidth, which may be difficult given the congested
nature of, and the existence of critical AMT incumbent operations in,
the 2360-2395 MHz band. Accordingly, the Commission extends its part 26
regulatory framework to launch operators seeking access to the 2360-
2395 MHz band, such that we will allow them to choose any bandwidth, up
to 5 megahertz, and to exceed a 5 megahertz bandwidth where they can
demonstrate why a larger bandwidth is necessary for a specific space
launch operation, including an explanation of why the licensee's
requirements cannot be satisfied using a bandwidth of 5 megahertz or
less.
40. Emission Limits. In the Second Further Notice, the Commission
sought comment on whether it should continue to apply the technical
rules that currently apply to space launch operations in the 2360-2395
MHz band, and also sought comment on whether and how it should
harmonize those rules with the part 26 rules. As previously mentioned,
none of the commenters to the Second Further Notice addressed the issue
of which emission mask should apply to space launch operations in the
2360-2395 MHz band, and commenters were divided on the broader issue of
how to harmonize the 2360-2395 MHz band with the two other bands
authorized for part 26 space launch operations. Though the record is
sparse on this issue, the Commission finds it appropriate to
incorporate the part 87 emission mask for space launch operations in
the 2360-2395 MHz band into our part 26 rules. The Commission believes
that this approach aligns with AFTRCC's proposal to the extent that we
are not amending the underlying part 87 rules governing space launch
operations. The Commission agrees with AFTRCC that there is merit to
relying on the existing part 87 technical framework for this congested
band, which already provides for space launch operations on three
frequencies in the band, and particularly in light of the near-term
timeframes established for compliance with the LCA and the decades-long
track record in the band of successfully facilitating coexistence among
different users.
41. For these reasons, the Commission adds a new emission mask
specific to the 2360-2395 MHz band to our part 26 rules, modeled after
the Commission's current rule Sec. 87.139(e) and (f) that specifies
the emission mask that currently applies to the 2360-2395 MHz band. The
Commission notes that the mask in Sec. 87.139 differs depending on the
authorized bandwidth and requires attenuation based on frequency
instead of necessary bandwidth. The mask also applies uniformly
throughout the operation, in contrast to the dual mask approach adopted
for the 2200-2290 MHz band.
For authorized bandwidths in the 2360-2395 MHz band less than or
equal to 1 megahertz, emissions must be attenuated as follows: (1) On
any frequency removed from the assigned frequency by more than 100% of
the authorized bandwidth up to and including 100% plus 0.5 megahertz,
the attenuation must be at least 60 decibels, when measured in a 3.0
kilohertz bandwidth. This signal needs not be attenuated more than 25
decibels below 1 milliwatt; and (2) on any frequency removed from the
assigned frequency by more than 100% of the authorized bandwidth plus
0.5 megahertz, the attenuation must be at least 55 + 10
log10 pY dB when measured in a 3.0 kilohertz bandwidth. For
authorized bandwidths greater than 1 megahertz, emissions must be
attenuated as follows: (1) on any frequency removed from the assigned
frequency by more than 50% of the authorized bandwidth plus 0.5
megahertz up to and including 50% of the authorized bandwidth plus 1.0
megahertz, the attenuation must be 60 decibels, when measured in a 3.0
kilohertz bandwidth. The signal need not be attenuated more than 25
decibels below 1 milliwatt; and (2) on any frequency removed from the
assigned frequency by more than 50 percent of the authorized bandwidth
plus 1.0 megahertz, the attenuation must be at least 55 + 10
log10 pY dB, when measured in a 3.0 kilohertz bandwidth.
42. Power Limits. In the Second Further Notice, the Commission
sought comment on whether to use our part 26 space launch technical
framework or the part 87 technical framework currently governing
operations in the band. The Commission received no comments
specifically addressing the appropriate power limits for space launch
operations in the 2360-2395 MHz band. The Commission believes that
utilizing the part 87 power limits that currently govern space launch
operations in the 2360-2395 MHz band and incorporating those limits
into our part 26 regulatory framework is appropriate at this time. The
Commission relies on the existing part 87 technical limits for this
congested band, as these limits already provide parameters for space
launch operations on three frequencies in the 2360-2395 MHz band.
Moreover, given the successful track record of facilitating coexistence
in the band using part 87
[[Page 11488]]
technical parameters, the Commission finds it in the public interest to
take the same approach to power limits as we do herein for emission
limits. Section 87.131 of the Commission's rules limits power for
flight testing operations in the 2360-2395 MHz band to 25 watts,
provided that transmitter power may be increased to overcome line and
duplexer losses. Accordingly, the Commission adopts a power limit of 25
watts for the part 26 space launch operations the 2360-2395 MHz band.
As with the part 87 flight test technical rules, the Commission will
allow transmitter power to be increased above that 25-watt limit to
overcome line and duplexer losses, so long as the power delivered to
the antenna does not exceed 25 watts.
43. Equipment Authorization. In the Second Report and Order, the
Commission, acknowledging the limited number of licensees conducting
these operations, declined to require equipment used for part 26 space
launch operations to be authorized under part 2, subpart J. The
Commission continues to expect that this equipment will be deployed by
a limited number of licensees that will be responsible for ensuring
that their transmitters comply with our rules and, accordingly, the
Commission does not believe there is utility in implementing an
equipment authorization requirement for part 26 licensees operating in
the 2360-2395 MHz band. This decision is consistent with the
Commission's part 87 rules that exempt flight test transmitters used
for limited periods from needing equipment certification.
Procedural Matters
Paperwork Reduction Act
44. The Third Report and Order may contain new or modified
information collection requirements subject to the Paperwork Reduction
Act of 1995 (PRA), Public Law 104-13. All such requirements will be
submitted to the Office of Management and Budget (OMB) for review under
Sec. 3507(d) of the PRA. OMB, the general public, and other Federal
agencies will be invited to comment on any 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), it
previously sought specific comment on how the Commission might further
reduce the information collection burden for small business concerns
with fewer than 25 employees.
45. In this present document, the Commission has assessed the
effects of incorporating the 2360-2395 MHz band into our part 26
regulatory framework, and find that it will have a small impact on
small space launch operators, mainly related to the collection of
information from part 26 licensees when submitting part 26 license
applications and registrations for authorization to operate in the
2360-2395 MHz band. Due to the significant costs involved in space
launch operations, the Commission anticipates that few entities
impacted by this rulemaking would qualify as small businesses.
Final Regulatory Flexibility Analysis
46. The Regulatory Flexibility Act of 1980, as amended (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 Third Report and
Order on small entities. The FRFA is set forth in Appendix C of the
Third Report and Order.
Congressional Review Act
47. 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
Third Report and Order to Congress and the Government Accountability
Office pursuant to 5 U.S.C. 801(a)(1)(A).
Final Regulatory Flexibility Analysis
48. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the First Further Notice of Proposed Rulemaking (First
Further Notice) released in April 2021, published at 86 FR 30860, June
10, 2021, and Second Further Notice of Proposed Rulemaking (Second
Further Notice) released in September 2023, published at 89 FR 6488,
February 2, 2024. The Federal Communications Commission (Commission)
sought written public comment on the proposals in the First and Second
Further Notices, including comment on the IRFA. No comments were filed
addressing the IRFAs. This present Final Regulatory Flexibility
Analysis (FRFA) conforms to the RFA.
A. Need for, and Objectives of, the Report and Order
49. In the Third Report and Order, the Commission implements
certain provisions of the recently enacted Launch Communications Act
(LCA) governing the authorization and facilitation of commercial space
operations in the 2025-2110 MHz, 2200-2290 MHz, and 2360-2395 MHz bands
(collectively, LCA bands). The LCA directs the Commission, within 90
days of enactment, to allocate these three bands for commercial space
launch operations on a secondary basis, and to complete any proceeding
in effect related to the adoption of service rules for accessing these
bands for space launch operations. To meet this statutory mandate, we
build upon the Commission's action in the September 2023 Second Report
and Order, published at 89 FR 63296, August 5, 2024, which reallocated
the 2025-2110 MHz and 2200-2290 MHz bands for Space Operation on a
secondary basis and adopted, for these two bands, the Commission's part
26 space launch licensing framework. Specifically, in the Third Report
and Order, the Commission added a secondary non-Federal Space Operation
allocation to the 2360-2395 MHz band, and incorporated this band into
its part 26 rules that were adopted in the Second Report and Order.
50. The part 26 rules adopted by the Commission contain the
licensing, operation and service rules for space launch services and
serve to both clarify the rules as well as improve the ability of those
seeking guidance in this regulatory area to more easily reference the
applicable rules. The space launch licensees will receive non-exclusive
nationwide licenses with a ten-year term, which will provide both
certainty and flexibility for space launch providers. Upon receiving
their licenses, licensees may register their launch site and
corresponding fixed, base, and itinerant stations as well as their
mobile stations associated with the launch vehicles. The newly adopted
part 26 technical rules for the 2360-2395 MHz band are similar to the
current framework applicable to Federal operators in these bands, and
also include emission mask and power limits that are consistent with
the National Telecommunications and Information Administration's (NTIA)
rules applicable to these bands.
51. The addition of a secondary Space Operation allocation to the
2360-2395 MHz band enables the Commission to issue licenses for use of
this band during commercial space launches. This
[[Page 11489]]
spectrum, which is regularly used by commercial space launch providers
for sending control signals to launch vehicles, will be subject to the
same coordination requirements that currently apply to Federal users
and will also sufficiently address the regulatory needs of the
commercial space launch industry while ensuring the protection of
incumbents. This band requires coordination of its use, as it is
utilized by part 87 licensees as well as Federal agencies.
52. Lastly, space launch licensees will be required to comply with
post-license grant coordination requirements for each launch. The post-
license grant coordination regime will be facilitated by a third-party
space launch frequency coordinator in a two-part process: (1) for the
2360-2395 MHz band, a site-specific coordination of the operator's
stations and launch parameters with part 87 operations that requires
the operator to submit its registered sites and stations to a
designated third-party coordinator to initiate a launch coordination
request(s), and (2) for all of the authorized bands, coordination on a
per-launch basis with NTIA unless not required by applicable
coordination agreements with co-frequency entities or prior
coordination. This will protect part 87 operations and previously
coordinated Federal incumbents that share these bands. In short, the
rules adopted in the Third Report and Order provide much-needed updates
to spectrum allocation and licensing for commercial space launch
operations that will enable the Commission's objectives of fostering
innovation, investment and growth in the United States commercial space
launch industry.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
53. There were no comments filed that specifically addressed the
proposed rules and policies presented in the IRFA.
C. Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
54. Pursuant to the Small Business Jobs Act of 2010, which amended
the RFA, the Commission is required to respond to any comments filed by
the Chief Counsel for Advocacy of the Small Business Administration
(SBA), and to provide a detailed statement of any change made to the
proposed rules as a result of those comments. The Chief Counsel did not
file any comments in response to the proposed rules or policies in this
proceeding.
D. Description and Estimate of the Number of Small Entities to Which
the Rules Will Apply
55. The RFA directs agencies to provide a description of, and where
feasible, an estimate of, the number of small entities that may be
affected by the rules adopted herein. The RFA generally defines the
term ``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A ``small business concern'' is one which: (1) is independently
owned and operated; (2) is not dominant in its field of operation; and
(3) satisfies any additional criteria established by the SBA.
56. Small Businesses, Small Organizations, Small Government
Jurisdictions. Our actions, over time, may affect small entities that
are not easily categorized at present. We therefore describe, at the
outset, three broad groups of small entities that could be directly
affected herein. First, while there are industry specific size
standards for small businesses that are used in the regulatory
flexibility analysis, according to data from the Small Business
Administration's (SBA) Office of Advocacy, in general a small business
is an independent business having fewer than 500 employees. These types
of small businesses represent 99.9% of all businesses in the United
States, which translates to 33.2 million businesses.
57. Next, the type of small entity described as a ``small
organization'' is generally ``any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.''
The Internal Revenue Service (IRS) uses a revenue benchmark of $50,000
or less to delineate its annual electronic filing requirements for
small exempt organizations. Nationwide, for tax year 2022, there were
approximately 530,109 small exempt organizations in the U.S. reporting
revenues of $50,000 or less according to the registration and tax data
for exempt organizations available from the IRS.
58. Finally, the small entity described as a ``small governmental
jurisdiction'' is defined generally as ``governments of cities,
counties, towns, townships, villages, school districts, or special
districts, with a population of less than fifty thousand.'' U.S. Census
Bureau data from the 2022 Census of Governments indicate there were
90,837 local governmental jurisdictions consisting of general purpose
governments and special purpose governments in the United States. Of
this number, there were 36,845 general purpose governments (county,
municipal, and town or township) with populations of less than 50,000
and 11,879 special purpose governments (independent school districts)
with enrollment populations of less than 50,000. Accordingly, based on
the 2022 U.S. Census of Governments data, we estimate that at least
48,724 entities fall into the category of ``small governmental
jurisdictions.''
59. Frequency Coordinators. Frequency coordinators are entities or
organizations certified by the Commission to recommend frequencies for
use by licensees in the Private Land Mobile Radio Services (PLMR) that
will most effectively meet the applicant's needs while minimizing
interference to licensees already operating within a given frequency
band. Neither the Commission nor the SBA have developed a small
business size standard specifically applicable to spectrum frequency
coordinators. Business Associations, which comprises establishments
primarily engaged in promoting the business interests of their members,
is the closest applicable industry with a SBA small business size
standard.
60. The SBA small business size standard for Business Associations
classifies firms with annual receipts of $15.5 million or less as
small. For this industry, U.S. Census Bureau data for 2017 show that
there were 14,540 firms that operated for the entire year. Of these
firms, 11,215 had revenue of less than $5 million. Based on this data,
the majority of firms in the Business Associations industry can be
considered small. However, the Business Associations industry is very
broad and does not include specific figures for firms that are engaged
in frequency coordination. Thus, the Commission is unable to ascertain
exactly how many of the frequency coordinators are classified as small
entities under the SBA size standard. According to Commission data,
there are 13 entities certified to perform frequency coordination
functions under part 90 of the Commission's rules. For purposes of this
FRFA, the Commission estimates that a majority of the 13 FCC-certified
frequency coordinators are small.
61. Satellite Telecommunications. This industry comprises firms
``primarily engaged in providing telecommunications services to other
establishments in the telecommunications and broadcasting industries by
forwarding and receiving communications signals via a system of
[[Page 11490]]
satellites or reselling satellite telecommunications.'' Satellite
telecommunications service providers include satellite and earth
station operators. The SBA small business size standard for this
industry classifies a business with $44 million or less in annual
receipts as small. U.S. Census Bureau data for 2017 show that 275 firms
in this industry operated for the entire year. Of this number, 242
firms had revenue of less than $25 million. Consequently, using the
SBA's small business size standard most satellite telecommunications
service providers can be considered small entities. The Commission
notes however, that the SBA's revenue small business size standard is
applicable to a broad scope of satellite telecommunications providers
included in the U.S. Census Bureau's Satellite Telecommunications
industry definition. Additionally, the Commission neither requests nor
collects annual revenue information from satellite telecommunications
providers, and is therefore unable to more accurately estimate the
number of satellite telecommunications providers that would be
classified as a small business under the SBA size standard.
62. All Other Telecommunications. This industry is comprised of
establishments primarily engaged in providing specialized
telecommunications services, such as satellite tracking, communications
telemetry, and radar station operation. This industry also includes
establishments primarily engaged in providing satellite terminal
stations and associated facilities connected with one or more
terrestrial systems and capable of transmitting telecommunications to,
and receiving telecommunications from, satellite systems. Providers of
internet services (e.g., dial-up ISPs) or Voice over Internet Protocol
(VoIP) services, via client-supplied telecommunications connections are
also included in this industry. The SBA small business size standard
for this industry classifies firms with annual receipts of $40 million
or less as small. U.S. Census Bureau data for 2017 show that there were
1,079 firms in this industry that operated for the entire year. Of
those firms, 1,039 had revenue of less than $25 million. Based on this
data, the Commission estimates that the majority of ``All Other
Telecommunications'' firms can be considered small.
63. Commercial Space Transportation. Neither the Commission nor the
SBA have developed a small business size standard for commercial space
transport. Nonscheduled Charter Passenger Air Transportation is the
closest industry with a SBA small business size standard. This U.S.
industry comprises establishments primarily engaged in providing air
transportation of passengers or passengers and cargo with no regular
routes and regular schedules. This industry also includes air taxi
services, aircraft charter passenger services and charter air passenger
services which would encompass air space transportation. The SBA small
business size standard for this industry classifies a business as small
if it has 1,500 employees or less. U.S. Census Bureau data for 2017
indicates there were 1,148 firms in this industry that operated for the
entire year. Of this number 1,129 firms had less than 250 employees.
Thus, the major of Nonscheduled Charter Passenger Air Transportation
firms can be considered small. We note however, that this category
encompasses various types of commercial air transportation firms and
does not exclusively represent the number of firms engaged in passenger
space transport.
64. The Commission believes that the following business entities
are the principle entities currently comprising the commercial space
transportation launch operator industry in the United States: Blue
Origin, Lockheed Martin Corporation, Northrup Grumman, Space
Exploration Technologies (Space X), The Boeing Company, and Virgin
Galactic. In May 2020, Space Exploration Technologies with NASA
astronauts in a commercially built and operated spacecraft launched
from American soil to the International Space Station for the first
time in history. More recently, in July 2021, Virgin Galactic and Blue
Origin both successful launched manned space flights. Additionally, The
Boeing Company has been working with NASA on its commercial Starliner
spacecraft to incorporate various lessons learned as it prepares for
its second unmanned launch of the Starliner--Orbital Flight Test (OFT-
2).
65. The commercial space industry is a nascent industry and the
Commission does not have data on the size of these entities. We
therefore cannot reach definite conclusions as to the number of small
entities that will be affected by our actions in this proceeding, but
due to the significant costs involved in space launch operations, we
anticipate that few entities impacted by this rulemaking would qualify
as small businesses. NASA has agreements with two companies to design
and develop human space flight capabilities: Space Exploration
Technologies, and The Boeing Company.
E. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
66. The Commission anticipates that the rule changes adopted in the
Third Report and Order will create de minimis new compliance
requirements for small entities. The Commission notes that the rules
adopted in the Third Report and Order do not create any significant
additional compliance requirements for small entities because the Third
Report and Order is implementing compliance requirements for the 2360-
2395 MHz band that was implemented by the Second Report and Order in
the other two bands authorized for space launch operations. To the
contrary, the framework adopted by the Commission streamlined the
application process by allowing small and other entities to shift 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. However, in assessing the
cost of compliance for small entities, at this time the Commission is
not in a position to determine whether these actions will require small
entities to hire professionals to comply, and cannot quantify the cost
of compliance with the rule changes that were adopted. Nevertheless,
the Commission believes the benefits gained from the adopted rules by
part 26 licensees and more optimized use of the band outweigh potential
compliance costs incurred.
F. Steps Taken To Minimize the Significant Economic Impact on Small
Entities and Significant Alternatives Considered
67. The RFA requires an agency to provide, ``a description of the
steps the agency has taken to minimize the significant economic impact
on small entities . . . including a statement of the factual, policy,
and legal reasons for selecting the alternative adopted in the final
rule and why each one of the other significant alternatives to the rule
considered by the agency which affect the impact on small entities was
rejected.''
68. The Commission has considered the economic impact on small
entities in reaching its final conclusions and through the actions we
have taken in this proceeding. For example, in the Third Report and
Order, the Commission adopted a secondary allocation in the 2360-2395
MHz band as well as service rules for accessing these bands for
commercial space launch operations. In addition, we considered proposed
alternatives that
[[Page 11491]]
would limit space launch operations for the use of the 2360-2395 MHz
band to specified geographic sites and pre-licensing coordination.
However, the actions we have taken in this proceeding will provide more
efficient use of spectrum in those ranges, create a more certain
regulatory regime, protect incumbent users from harmful interference
and provide economic growth opportunities to small and other launch
providers utilizing the bands.
69. Additionally, the Third Report and Order incorporated the 2360-
2395 MHz band into the licensing and technical rules governing spectrum
requirements for Space Launch Services that were adopted in the Second
Report and Order. Prior to the adoption of these rules in the Second
Report and Order, the Commission had granted special temporary
authority (STA) under the part 5 experimental licensing rules for each
individual launch. Rather than retaining a site-by-site STA process,
which are only valid for a single launch and expire after six months,
our decision to adopt a nationwide, non-exclusive licensing approach
provides small and other space launch operators the efficiency of only
having to file one license to cover a host of launch sites that are
shared by multiple co-frequency operators. Further, small entities who
manufacture and/or develop launch vehicles and spacecraft or conduct
launches will benefit because they will be able to obtain licenses for
spectrum to use during launches instead of being subject to the added
burden and uncertainty of having to obtain STA licenses for each
launch.
70. Lastly, with the incorporation of the 2360-2395 MHz band into
the part 26 rules adopted in the Second Report and Order, the
Commission can provide launch providers with ten-year term licenses,
which serve the Commission's goals of minimizing administrative burdens
to small and other entities and encouraging long-term investment in
these services, while still allowing the Commission to retain proper
oversight over commercial space launch operations. We gave
consideration to comments suggesting a 15-year term in the Second
Report and Order, however, we rejected such an approach as inefficient,
given the congested nature of the bands at issue. Further, the adopted
10-year term will still provide small entities with a reduced
administrative burden, while providing much-needed certainty to their
operations, and incentivizing their ability to make longer term
investments in their businesses. In addition, while coordination of
each launch will still be required because of the other Federal and
non-Federal operations in these bands, the adopted rules take the step
of establishing a coordination process that should streamline the
process of providing access to spectrum during space launches, which
will provide an economic benefit to small entities with limited human
and economic resources that would otherwise have to navigate a less
efficient approach to launch coordination.
G. Report to Congress
71. The Commission will send a copy of the Third Report and Order,
including this FRFA, in a report to Congress pursuant to the
Congressional Review Act. In addition, the Commission will send a copy
of the Third Report and Order, including this FRFA, to the Chief
Counsel for Advocacy of the SBA. A copy of the Third Report and Order,
and FRFA (or summaries thereof) will also be published in the Federal
Register.
Ordering Clauses
72. Accordingly, it is ordered that, pursuant to the authority
found in Sec. Sec. 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. 2 of the
Launch Communications Act, Public Law 118-85, 138 Stat. 1546 Sec. 2,
this Third Report and Order is hereby adopted.
73. It is further ordered that this Third Report and Order shall be
effective 30 days after publication in the Federal Register.
74. It is further ordered that the amendments of parts 2 and 26 of
the Commission's rules as set forth in Appendix B, are adopted,
effective thirty (30) days after publication in the Federal Register,
except Sec. 26.202, which may contain new or modified information
collection requirements, and will not become effective until the Office
of Management and Budget completes review of any information collection
requirements that the Wireless Telecommunications Bureau determines is
required under the Paperwork Reduction Act. The Commission directs the
Wireless Telecommunications Bureau to announce the effective date of
this rule by subsequent Public Notice.
75. It is further ordered that the Commission's Office of the
Secretary, shall send a copy of this Third Report and Order, including
the Final Regulatory Flexibility Analysis, to the Chief Counsel for
Advocacy of the Small Business Administration.
76. It is further ordered that the Office of the Managing Director,
Performance Program Management, shall send a copy of this Third 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 2
Radio, Space transportation and exploration, Telecommunications.
47 CFR Part 26
Radio, Space transportation and exploration, Telecommunications.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
For the reasons discussed in the document above, the Federal
Communications Commission amends 47 CFR parts 2 and 26 as follows:
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
1. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
0
2. Section 2.1 is amended by adding a definition for ``Space Launch
Operations'' to paragraph (c) in alphabetical order to read as follows:
Sec. 2.1 Terms and definitions.
* * * * *
(c) * * *
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.
* * * * *
0
3. Section 2.106 is amended in paragraph (a) by revising page 38 and
adding paragraph (d)(42) to read as follows:
Sec. 2.106 Table of Frequency Allocations.
* * * * *
[[Page 11492]]
[GRAPHIC] [TIFF OMITTED] TR07MR25.000
(d) * * *
(42) NG42. The band 2360-2395 MHz is allocated to the space
operation service (Earth-to-space and space-to-Earth) on a secondary
basis for non-Federal use subject to the following conditions:
(i) Transmissions shall be restricted to telemetry and telecommand
use for pre-launch testing and space launch operations;
(ii) Non-Federal stations shall not cause harmful interference to
stations of primary services; and
(iii) Telemetry and telecommand use for pre-launch testing and
space launch operations are subject to coordination with NTIA prior to
each launch.
* * * * *
PART 26--SPACE LAUNCH SERVICES
0
4. The authority citation for part 26 continues to read as follows:
Authority: 47 U.S.C. 151, 152, 154, 301, and 303, unless
otherwise noted.
0
5. Section 26.1 is amended by revising paragraph (a) to read as
follows:
Sec. 26.1 Basis and purpose.
* * * * *
(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
to regulate radio transmission and to issue licenses for radio
stations, and the Launch Communications Act, Public Law 118-85, 138
Stat. 1546 (2024). All rules in this part are in accordance with
applicable treaties and agreements to which the United States is a
party.
* * * * *
0
6. Section 26.2 is revised to read as follows:
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;
(b) 2200-2290 MHz; and
(c) 2360-2395 MHz.
0
7. Section 26.3 is amended by adding paragraph (a)(3) and revising
paragraph (b) introductory text to read as follows:
Sec. 26.3 Scope of service.
(a) * * *
(3) 2360-2395 MHz band. The use of Space Launch Services licenses
in the 2360-2395 MHz band is restricted to ground-to-launch vehicle and
launch vehicle-to-ground communications associated with telemetry and
telecommand uses necessary to support space launch operations.
(b) Telemetry, tracking, and telecommand functions permissible as
space launch operations, subject to the restrictions in paragraph (a)
of this section, include, but are not limited to:
* * * * *
0
8. Section 26.103 is revised to read as follows:
Sec. 26.103 Licensing.
The 2025-2110 MHz, 2200-2290 MHz, and 2360-2395 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, 2200-2290 MHz, and 2360-2395 MHz bands.
[[Page 11493]]
0
9. Delayed indefinitely, Sec. 26.202, added and delayed indefinitely
at 89 FR 63926, is further amended by adding paragraph (d) to read as
follows:
Sec. 26.202 Frequency coordinator requirements.
* * * * *
(d) In the 2360-2395 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 part
87 frequency coordinating committee as well as Federal entities that
have completed coordination with that committee.
(ii) Upon request, the space launch frequency coordinator and/or
the Space Launch Services licensee must provide any additional
information requested by the part 87 frequency coordinating committee
regarding a pending recommendation that it has processed but that has
not yet been granted.
(iii) 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 part 87 frequency
coordinating committee. 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 NTIA that a
launch request must be denied.
(2) Per-launch coordination with the National Telecommunications
and Information Administration (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.
0
10. Section 26.302 is amended by adding paragraph (c) to read as
follows:
Sec. 26.302 Emission masks.
* * * * *
(c) 2360-2395 MHz. (1) When using frequency modulation or digital
modulation for telemetry or telecommand with an authorized bandwidth
equal to or less than 1 MHz the emissions must be attenuated as
follows:
(i) On any frequency removed from the assigned frequency by more
than 100 percent of the authorized bandwidth up to and including 100
percent plus 0.5 MHz, the attenuation must be at least 60 dB, when
measured in a 3.0 kHz bandwidth. This signal need not be attenuated
more than 25 dB below 1 milliwatt.
(ii) On any frequency removed from the assigned frequency by more
than 100 percent of the authorized bandwidth plus 0.5 MHz, the
attenuation must be at least 55 + 10 log10 pY dB when
measured in a 3.0 kHz bandwidth.
(2) When using frequency modulation or digital modulation for
telemetry or telecommand with an authorized bandwidth greater than 1
MHz, the emissions must be attenuated as follows:
(i) On any frequency removed from the assigned frequency by more
than 50 percent of the authorized bandwidth plus 0.5 MHz up to and
including 50 percent of the authorized bandwidth plus 1.0 MHz, the
attenuation must be 60 dB, when measured in a 3.0 kHz bandwidth. The
signal need not be attenuated more than 25 dB below 1 milliwatt.
(ii) On any frequency removed from the assigned frequency by more
than 50 percent of the authorized bandwidth plus 1.0 MHz, the
attenuation must be at least 55 + 10 log10 pY dB, when
measured in a 3.0 kHz bandwidth.
0
11. Section 26.303 is amended by adding paragraph (c) to read as
follows:
Sec. 26.303 Power limits.
* * * * *
(c) 2360-2395 MHz. The EIRP of any station in the 2360-2395 MHz
band of the Space Launch Services shall not exceed 25 Watts and the
transmitter output power shall not exceed 25 Watts. Transmitter power
may be increased to overcome line and duplexer losses but must not
exceed 25 Watts delivered to the antenna.
[FR Doc. 2025-02961 Filed 3-6-25; 8:45 am]
BILLING CODE 6712-01-P