[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]
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