    [Federal Register Volume 90, Number 84 (Friday, May 2, 2025)]
    [Rules and Regulations]
    [Pages 18800-18804]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 2025-07641]

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    FEDERAL COMMUNICATIONS COMMISSION

    47 CFR Part 26

    [WT Docket No. 24-687; DA 25-269; FRS 289896]

    Wireless Telecommunications Bureau Announces Mechanism and
    Criteria for Selecting Space Launch Frequency Coordinator

    AGENCY: Federal Communications Commission.

    ACTION: Final action.

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    SUMMARY: In this document, the Wireless Telecommunications Bureau (WTB
    or Bureau) announces a mechanism and criteria for selecting the Space
    Launch Frequency Coordinator for the Federal Communications
    Commission's (Commission) Space Launch Service. Specifically,
    interested parties will file applications electronically using the
    Commission's Electronic Comment Filing System in WT Docket 24-687,
    through which they will demonstrate certain minimum qualifying
    criteria.

    ADDRESSES: Federal Communications Commission, 45 L St. NE, Washington,
    DC 20554.

    FOR FURTHER INFORMATION CONTACT: Mark DeSantis, Wireless
    Telecommunications Bureau, Mobility Division, (202) 418-0678 or
    mark.desantis@fcc.gov. For information regarding the PRA information
    collection requirements, contact Cathy Williams, Office of Managing
    Director, at 202-418-2918 or Cathy.Williams@fcc.gov.

    SUPPLEMENTARY INFORMATION: This is a summary of the WTB document, WT
    Docket No. 24-687; DA 25-269, released on March 25, 2025. The released,
    formatted version of this document is available at https://docs.fcc.gov/public/attachments/DA-25-269A1.pdf. Text and Microsoft
    Word formats are also available (replace ``.pdf'' in the link with
    ``.txt'' or ``.docx'', respectively. Alternative formats are available
    for people with disabilities (braille, large print, electronic files,
    audio format), by sending an email to fcc504@fcc.gov or call the
    Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530
    (voice), (202) 418-0432 (TTY).

    Supplemental Initial Regulatory Flexibility Analysis

        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.'' If an agency files a
    certification with a rulemaking, the certification must contain a
    statement that provides a factual basis for its conclusion that there
    will not be significant economic impact on a substantial number of
    small entities. Accordingly, the Commission has prepared a Final
    Regulatory Flexibility Certification (FRFC) certifying that the rule
    and policy changes contained in this document will not have a
    significant economic impact on a substantial number of small entities.

    Paperwork Reduction Act Analysis

        This document 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 section 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, pursuant to the
    Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44
    U.S.C. 3506(c)(4), the Bureau previously sought specific comment on how
    the Commission might further reduce the information collection burden
    for small business concerns with fewer than 25 employees.

    Synopsis

        By this document, as directed by the Commission in the Third Report
    and Order (90 FR 11480-01, March 7, 2025) in this proceeding, the
    Bureau establishes a mechanism and criteria for selecting the third-
    party frequency coordinator for the part 26 commercial Space Launch
    Service. Specifically, the Bureau sets forth an application process and
    required contents for applications from parties requesting to be
    certified as the space launch frequency coordinator, and sets forth
    minimum qualifying criteria for such applicants. The Bureau issues this
    document at this time as part of an effort to meet the statutorily
    mandated deadlines set forth in the Launch Communications Act.

    I. Background

        In the Second Report and Order (89 FR 63296-01, August 5, 2024) in
    this proceeding, the Commission adopted a new secondary allocation in
    the 2,025-2,110 MHz band for non-federal Space Operation and, with
    respect to the 2,200-2,290 MHz band, lifted a prior restriction
    limiting such operations to four sub-bands, thus making the entire band
    available on a secondary basis for non-federal Space Operation. These
    allocations are subject to various conditions, including being limited
    to pre-launch testing and space launch operations. The Commission also
    adopted a licensing framework for these two bands under a new part 26
    Space Launch Service. Through that framework, eligible space launch
    operators seeking authorization in the Space Launch Service will: (1)
    apply for and obtain a non-exclusive nationwide license via the
    Commission's Universal Licensing System (ULS); (2) register in ULS each
    launch site and each corresponding station (fixed, base, itinerant, or
    mobile) that will be used in their space launch operations; (3)
    complete a frequency coordination process using a third-party frequency
    coordinator; and (4) following successful coordination, register in ULS
    the technical and operating parameters associated with each specific
    coordinated launch prior to commencing operations. A space launch
    operator must register the final coordinated technical parameters in
    ULS to be authorized to commence launch operations.
        The Launch Communications Act. Following the Commission's adoption
    of the Second Report and Order, Congress enacted the Launch
    Communications Act (LCA) on September 26, 2024. The LCA requires
    Commission action with respect to three frequency bands: the 2,025-
    2,110 MHz and 2,200-2,290 MHz bands that were the subject of the Second
    Report and Order, and the 2,360-2,395 MHz band, upon which the
    Commission sought comment in the Second Further Notice, and that was
    addressed in the Third Report and Order. The LCA first requires the
    Commission, within 90 days of the LCA's enactment, to allocate each of
    these bands on a secondary basis for commercial space launches and
    reentries and to complete any proceeding in effect related to the
    adoption of service rules for these three bands. The Commission also
    must issue, within 180 days of the LCA's enactment, new regulations to
    streamline the process for granting authorizations for access to these
    three bands. These

    [[Page 18801]]

    regulations must provide for, among other things: (1) authorizations
    that include multiple uses of the frequencies for multiple launches and
    reentries from one or more private and federal launch and reentry
    sites; (2) electronic filing and processing of applications for access
    to such frequencies for commercial space launches and reentries; and
    (3) improved coordination with the National Telecommunications and
    Information Administration (NTIA) to increase the speed of review of
    applications for authorizations to access frequencies for space launch
    and reentry through increased automation similar to an approach
    currently used for the 70/80/90 GHz bands.
        Delegations of Authority. In the Second Report and Order, the
    Commission delegated authority to the Bureau to issue a public notice
    proposing and seeking comment on issues related to the licensing
    framework for the Space Launch Service to refine the application
    process and accommodate frequency coordination, including required
    information for license registrations and frequency coordination
    requests. The Commission also delegated authority to the Bureau to
    issue a public notice seeking further comment on the designation of the
    third-party space launch coordinator, including a mechanism for its
    selection. The Bureau issued both of these public notices on December
    6, 2024. In the Frequency Coordinator Comment PN (89 FR 104499-01,
    December 23, 2024), the Bureau proposed and sought comment on the
    mechanism for selecting the space launch frequency coordinator and the
    minimum industry and technical expertise that parties interested in
    being designated as the space launch frequency coordinator must
    demonstrate. The Bureau proposed that the applicant selected from this
    process to serve as the space launch frequency coordinator would be
    required to execute a Memorandum of Understanding (MOU) with the
    Commission, formally memorializing its duties and obligations.
        Third Report and Order. On December 23, 2024, the Commission issued
    a Third Report and Order that reallocated the third band, 2,360-2,395
    MHz, on a secondary basis for non-federal Space Operation and
    incorporated the band into its part 26 Space Launch Service framework.
    The Commission satisfied the 90-day LCA requirement to complete any
    proceeding in effect through a combination of: (1) previously adopting
    the Second Report and Order, thereby creating the part 26 licensing
    framework for authorizing commercial space launches and commercial
    space reentries and allocating the 2,025-2,110 MHz and 2,200-2,290 MHz
    bands for non-federal Space Operation on a secondary basis; and (2)
    adopting the Third Report and Order, which allocated the 2,360-2,395
    MHz band on a secondary basis for non-federal Space Operation, and
    extended the part 26 licensing framework to that band. The Commission
    in the Third Report and Order also affirmed the Bureau's proposals in
    the Frequency Coordinator Comment PN and, expanding on the delegation
    provided in the Second Report and Order, delegated it authority to
    establish a mechanism and criteria for the Bureau to select the space
    launch frequency coordinator responsible for coordinating requests to
    operate in all three bands identified in the LCA.

    II. Discussion

        We received four comments and three ex parte letters in response to
    the Frequency Coordinator Comment PN. After reviewing the record, the
    Bureau adopts herein an application process and minimum qualifying
    criteria for parties interested in being selected as the space launch
    frequency coordinator. As discussed below, interested parties shall
    submit applications in the Commission's Electronic Comment Filing
    System (ECFS) using WT Docket No. 24-687. Further, applicants must
    demonstrate in their applications the extent to which they meet minimum
    qualifying criteria, including a willingness and capability to complete
    coordination using machine-to-machine interface with any NTIA automated
    coordination process, a key objective of the LCA. The selected
    applicant will be required to execute an MOU with the Commission.

    A. Mechanism for Selection of the Space Launch Frequency Coordinator

        Application Mechanism. In the Frequency Coordinator Comment PN, the
    Bureau proposed and sought comment on the mechanism for selecting the
    space launch frequency coordinator, as well as the minimum industry and
    technical expertise that parties interested in being designated as the
    space launch frequency coordinator must demonstrate. Specifically, we
    proposed to rely on a mechanism for the Bureau to select a third-party
    frequency coordinator similar to those that have been successfully
    implemented in other radio services where the Bureau was tasked with
    designating a single frequency coordinator. Following those prior
    examples, we proposed to require interested parties to file
    applications electronically using ECFS in WT Docket 24-687 with the
    following information:
        1. A description of the entity requesting to be the space launch
    frequency coordinator and its qualifications, including how it meets or
    will meet minimum qualifying criteria ultimately specified by the
    Bureau;
        2. How the applicant will prevent conflicts of interest;
        3. A proposed fee structure; and
        4. The length of time before the applicant will be able to begin
    duties as the space launch frequency coordinator.
        We received no comments addressing the vehicle for accepting
    applications, and we adopt our proposal for applicants to submit their
    applications in ECFS in WT Docket 24-687. We also adopt the four
    required application contents as proposed. Information regarding the
    minimum qualifying criteria and how applicants will demonstrate those
    criteria are outlined below.
        Conflicts of Interest. We sought comment on how to ensure that the
    space launch frequency coordinator administers its responsibilities in
    a neutral and non-discriminatory manner. The Aerospace and Flight Test
    Radio Coordinating Council, Inc. (AFTRCC) suggests that an applicant
    should explain what it will treat as a conflict and how it will prevent
    those conflicts, including any details regarding its experience dealing
    with such issues if it is an existing coordinator. Further, AFTRCC
    proposes that incumbent coordinators that apply to become the space
    launch frequency coordinator explain how they envision distinguishing
    between the carrying out of their duties as the space launch frequency
    coordinator and their existing duties in the bands they already
    coordinate. Virgin Galactic proposes that applicants be required to
    disclose any relationships they hold with FCC licensees.
        Based on the record, we find it in the public interest to require
    each applicant to describe any interest held in FCC licenses, including
    interests held through a subsidiary or affiliate, and similarly adopt a
    requirement that applicants disclose how it will prevent personal or
    organizational conflicts of interest. To that end, we find it
    appropriate to require applicants to disclose any interests,
    activities, or relationships involving FCC licensees that may implicate
    personal or organizational conflicts of interest. We also will require
    applicants to disclose any interests, activities, or relationships
    specifically involving space launch operators that may implicate
    personal or organizational conflicts of interest. We

    [[Page 18802]]

    confirm that each applicant must explain in detail how it will carry
    out its duties as space launch frequency coordinator in a neutral and
    nondiscriminatory manner. As raised by AFTRCC, we find it particularly
    relevant that an applicant proposing to serve as the space launch
    frequency coordinator while also serving as a frequency coordinator for
    a different Commission radio service fully explain how it will carry
    out its dual roles in a neutral and non-discriminatory manner. Though
    we require a demonstration with each application, we provide applicants
    flexibility with respect to the supporting details. For example,
    applicants are free to describe, as commenters suggest, any existing
    policies or those that will be implemented, such as publicly posting
    their coordination policies and points of contact, providing clear
    procedures for licensees to file a complaint regarding coordination,
    and any internal procedures for responding to complaints.
        Fee Structure. We sought comment in the Frequency Coordinator
    Comment PN on whether the Bureau should impose any limits on the space
    launch frequency coordinator's fee structure, including whether it can
    charge fees on a per-application basis. AFTRCC suggests that the space
    launch frequency coordinator should have flexibility in establishing
    its proposed fee structure, provided it clearly explains the structure
    in its application. AFTRCC explains that each applicant's proposed fee
    structure will make clear on its own how those fees will be applied on
    a neutral and non-discriminatory basis. Federated Wireless supports our
    proposal to require applicants to disclose their fee structures. No
    other commenter addressed this issue.
        We agree with AFTRCC regarding the need to afford the coordinator
    flexibility in charging fees, recognizing the complexity of
    facilitating space launch coordination with federal and non-federal
    incumbent users across multiple frequency bands. We find it in the
    public interest to require, as proposed, that frequency coordination
    fees be applied in a neutral and non-discriminatory manner, and that
    fees be reasonable. Consistent with the Commission's approach in the
    ``white space'' database context, the Bureau will, upon request, review
    the space launch frequency coordinator's fees and require changes to
    those fees if they are found to be excessive.
        To properly evaluate an application, we will require each applicant
    to provide and clearly explain its proposed fee structure, while also
    describing how it will assess fees in a neutral and non-discriminatory
    manner. Consistent with our approach to wireless medical telemetry
    frequency coordination, we will permit the space launch frequency
    coordinator to determine an appropriate fee structure, and do not
    mandate that fees be limited to recovery of costs on a not-for-profit
    basis. We note, however, that an applicant may indicate whether it
    intends to provide space launch coordination services on a not-for-
    profit basis, which we will consider as a factor in evaluating
    applications. An applicant seeking to become the space launch frequency
    coordinator on a for-profit basis must include a description of its
    anticipated costs, as well as the proposed mark-up for services to be
    provided. If an applicant proposes to collect the fees charged by
    incumbent non-federal coordinators, in addition to its own fees, it
    must explain how it will collect and distribute the fees charged by
    incumbent coordinators.
        As part of our decision to allow the space launch frequency
    coordinator flexibility in charging and administering its fees, we
    decline to adopt AFTRCC's suggestion to require the frequency
    coordinator to publicly post its fees. AFTRCC also requests that we
    impose certain administrative requirements on the space launch
    frequency coordinator, such as the requirement that point(s) of contact
    be clearly posted on the coordinator's website, as well as clear
    procedures for users to lodge a complaint or concern with the
    coordinator. We decline to mandate these specific details, finding it
    appropriate for the space launch frequency coordinator to have
    flexibility in providing its coordination services. As noted above,
    however, we encourage applicants to detail any such administrative
    policies currently in place or that they will implement as part of a
    demonstration as to how they will provide frequency coordination
    services in a neutral and non-discriminatory manner.
        Deadline for Provision of Service. We sought comment on whether to
    impose a deadline by which an applicant must be able to begin its
    duties as the space launch frequency coordinator. No commenter
    specifically addressed this issue. AFTRCC does, however, suggest that
    the selected frequency coordinator have 150 days to develop any
    necessary interfaces upon notice from NTIA that NTIA's automated
    mechanism is operational. At this time, we decline to adopt a specific
    deadline or timeframe for the space launch frequency coordinator to
    commence service, consistent with our approach in other frequency
    coordinator selection processes. We will establish the date by which
    the selected frequency coordinator must commence service as a term in
    the MOU executed with the Commission as addressed below, taking into
    consideration the status of NTIA's development and implementation of an
    automated mechanism.
        Memorandum of Understanding. The Bureau proposed that the applicant
    selected from this process to serve as space launch frequency
    coordinator would be required, consistent with precedent, to execute an
    MOU with the Commission formally memorializing its duties and
    obligations. Commenters support this approach and we received no
    objections. Accordingly, we adopt our proposal.

    B. Minimum Qualifying Criteria

        In addition to the mechanism for selecting the coordinator, we
    proposed and sought comment on minimum qualifying criteria for entities
    interested in being designated as the space launch frequency
    coordinator. We proposed that interested parties be required to
    demonstrate in their applications the extent to which they meet the
    following qualifications:
        1. Ability to implement a mechanism to receive technical data from
    licensees and maintain a database of transmitter locations and
    operational parameters;
        2. Knowledge of or experience with wireless telemetry;
        3. Knowledge of or experience with space launch and aerospace
    transmissions;
        4. Technical expertise in analyzing and avoiding interference
    between licensees/operators in various frequency bands;
        5. Knowledge of frequency coordination processes;
        6. Willingness and capability to complete coordination using
    machine-to-machine interface with any NTIA automated coordination
    process, and the ability to promptly notify the licensee of the
    response from the automated coordination process;
        7. Ability to address requests for operation at launch sites that
    potentially could be located anywhere in the United States and its
    territories; and
        8. Experience analyzing and interpreting FCC rules and policies.
        After review of the record, we find it in the public interest to
    adopt the above minimum qualifying criteria proposed in the Frequency
    Coordinator Comment PN. After fully considering commenter suggestions,
    we discuss and clarify below potential approaches to demonstrating how
    such criteria can be met.

    [[Page 18803]]

        As an initial matter, we note that SpaceX reiterates its
    overarching view, initially expressed in response to the Licensing and
    Coordination Comment PN (89 FR 104502-01, December 23, 2024) that the
    Commission remove unnecessary complexity in its current and proposed
    rules. SpaceX states that the Commission could achieve this by
    ``consolidating initial site and station registration, per-launch
    coordination, and final coordinated parameter registration within the
    third-party frequency coordinator, rather than by bifurcating initial
    registration, coordination, and final registration across the
    coordinator and the Commission's 1990s-era Universal Licensing System
    (ULS).'' As reflected in today's Licensing and Coordination Procedures
    PN, we find that requests seeking fundamental changes to the adopted
    part 26 licensing framework are outside the scope of the Bureau's
    delegated authority derived from the Second Report and Order and Third
    Report and Order.
        SpaceX also requests, however, certain modifications to the
    Bureau's proposals that we deem within our delegated authority, for
    example, that a space launch frequency coordinator applicant be
    required to: (1) demonstrate that it ``can and will facilitate
    coordination between spectrum users in the most efficient, expeditious
    and unbiased manner possible to keep pace with increasing launch
    cadence and growing demand . . .''; (2) demonstrate that ``the system
    minimizes the process steps and manual intervention necessary to
    coordinate and re-coordinate individual launches . . .''; and (3)
    provide an explanation as to ``how their solution minimizes the risk of
    vendor `lock-in' '' so as to avoid ``trap[ping] agencies and end users
    in outdated, inefficient, and expensive proprietary tools for years or
    even decades.'' We agree that a demonstration addressing these points
    could support an applicant's contention that it meets the minimum
    qualifying criteria set forth above to be selected as the space launch
    frequency coordinator. We recognize that certain proprietary decisions
    regarding database implementation will be informed by the requirement
    to be capable of interfacing with an NTIA automated mechanism under
    development. We nonetheless encourage applicants to fully discuss how
    their proposed frequency coordination strategies, policies, and
    solutions can maximize efficiencies in a commercial space launch
    environment with increasing cadence, while remaining flexible to adapt
    to, and accommodate, future innovation.
        Commenters also suggest that we add specific types of experience as
    minimum qualifying criteria that applicants must possess to be
    considered as the space launch frequency coordinator. For example,
    Virgin requests that we adopt as part of any minimum qualifying
    criteria experience with orbital and suborbital missions, knowledge of
    frequency coordination processes in Space Launch Delta 30 and Space
    Launch Delta 45, and experience in high-cadence operations at other
    federal or military test ranges with specialized or localized
    processes. SBE asserts that an additional minimum qualifying criterion
    should be relevant experience resolving disputes between industry
    stakeholders. AFTRCC argues we should give additional weight to certain
    criteria over others, such as experience coordinating space launch
    operations.
        Rather than weighting the adopted criteria, we conclude that it is
    in the public interest to evaluate each application encompassing the
    totality of factors, with careful consideration of how the applicant
    meets each qualifying criterion. In addition, we received comments in
    response to the Licensing and Coordination Comment PN expressing
    concern regarding the submission of what commenters describe as
    ``sensitive and/or proprietary information'' to the space launch
    frequency coordinator. We need not address here the potential sensitive
    or propriety nature of any information related to commercial space
    launch operations, which under Commission rules is a fact-specific
    determination. We generally find merit, however, in requiring a
    prospective space launch frequency coordinator, as an additional
    minimum qualifying criterion, to demonstrate the willingness and
    ability to secure the information submitted by part 26 applicants and,
    unless otherwise required by law, to share such information only with
    NTIA/related incumbent federal coordinators, the government agencies
    comprising the Interdepartment Radio Advisory Committee, the
    Commission, and applicable non-federal frequency coordinators necessary
    to complete frequency coordination.
        With respect to the specific coordination experience commenters
    believe the space launch frequency coordinator should demonstrate, we
    clarify that an applicant is free to provide information supporting any
    relevant experience in those areas. We find it unnecessary, however, to
    establish as a minimum qualifying criterion that the coordinator
    possess a particular level of experience, as doing so might decrease
    the potential pool of applicants for consideration as the space launch
    frequency coordinator. In this vein, we encourage applicants to
    describe their experience with specific spaceports and launch ranges,
    if applicable, as well as any experience coordinating suborbital
    missions, and we will factor such experience in assessing an
    application. We will also take into account any relevant dispute
    resolution experience with relevant stakeholders that an applicant can
    demonstrate.
        We next sought comment on how applicants should demonstrate an
    ability to complete frequency coordination using an NTIA automated
    process such that the Commission is able to fulfill its statutory
    obligation under the LCA to increase automation with NTIA coordination
    similar to the automation in the 70/80/90 GHz service rules. As a
    general matter, commenters support our proposal to require applicants
    to demonstrate their ability to complete frequency coordination using
    an NTIA automated process. Federated Wireless requests that applicants
    demonstrate the ability to support automation for ``green light'' and
    ``yellow light'' responses, enabling rapid resolution of potential
    interference issues. AFTRCC suggests that we seek a demonstration that
    applicants have experience developing software tools for automation of
    coordination requests, which would indicate the applicant's level of
    experience.
        We adopt our proposal to require applicants to demonstrate an
    ability to complete frequency coordination using an NTIA automated
    process. Although we require this demonstration, we decline to compel a
    specific type of system or process. This approach provides the
    prospective space launch frequency coordinator flexibility in
    developing an appropriate interface, while ensuring that the LCA
    directive is met. Although it is unclear at this time whether NTIA's
    automated system for coordinating space launch requests will in fact
    incorporate a ``green light'' and ``yellow light'' response
    functionality similar to that currently available for coordination
    requests in the Commission's 70/80/90 GHz service, we will consider a
    demonstration of this capability, if available, as a factor in
    evaluating space launch frequency coordinator applications.
        The Bureau will subsequently issue a Public Notice announcing the
    opening of a filing window for interested parties to submit
    applications on ECFS,

    [[Page 18804]]

    including instructions for obtaining an FCC Registration Number and for
    filing applications.
        This document shall be effective 30 days after publication in the
    Federal Register, except for new or modified information collections
    contained herein, for which the Bureau will seek such review by the
    Office of Management and Budget as provided below. Following completion
    of OMB review, the Bureau will announce the effective date of any such
    new or modified information collections.

    Federal Communications Commission.
    Amy Brett,
    Chief of Staff, Wireless Telecommunications Bureau.
    [FR Doc. 2025-07641 Filed 5-1-25; 8:45 am]
    BILLING CODE 6712-01-P