[Federal Register Volume 90, Number 122 (Friday, June 27, 2025)]
[Proposed Rules]
[Pages 27499-27514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-11966]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 25
[SB Docket No. 25-180; GN Docket No. 22-352; WT Docket No. 23-158; GN
Docket No. 14-177; FCC 25-29; FR ID 300039]
Satellite Spectrum Abundance
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) seeks further comment on ways to use the 12.7-13.25 GHz
band and the 42.0-42.5 GHz band more efficiently and intensively by
satellite communications and seeks comment on proposals to make
additional spectrum resources available for satellite communications in
the 51.4-52.4 GHz band and within certain W-band frequency ranges
(92.0-94.0 GHz, 94.1-100 GHz, 102.0-109.5 GHz, and 111.8-114.25 GHz).
DATES: Comments are due July 28, 2025. Reply comments are due August
26, 2025.
ADDRESSES: You may submit comments, identified by SB Docket No. 25-180,
GN Docket No. 22-352, WT Docket No. 23-158, and GN Docket No. 14-177,
by any of the following methods:
[ballot] FCC Website: https://apps.fcc.gov/ecfs. Follow the
instructions for submitting comments.
[ballot] People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Stephen Duall, 202-418-1103,
[email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Further Notice of Proposed Rulemaking (FNPRM) and Notice of Proposed
Rulemaking (NPRM), FCC 25-29, adopted May 22, 2025, and released May
27, 2025. The full text is available online at https://docs.fcc.gov/public/attachments/FCC-25-29A1.pdf. The document is also available for
inspection and copying during business hours in the FCC Reference
Center, 45 L Street NE, Washington, DC 20554. To request materials in
accessible formats for people with disabilities, send an email to
[email protected] or call the Consumer & Governmental Affairs Bureau at
202-418-0530 (voice), 202-418-0432 (TTY).
Procedural Matters
Comment Filing Requirements
Interested parties may file comments and reply comments on or
before the dates indicated in the DATES section above. Comments may be
filed using the Commission's Electronic Comment Filing System (ECFS).
[ballot] Electronic Filers. Comments may be filed electronically
using the internet by accessing the ECFS: https://www.fcc.gov/ecfs.
[ballot] Paper Filers. Parties who file by paper must include an
original and one copy of each filing.
[cir] Filings can be sent by commercial overnight courier, or by
first-class or overnight U.S. Postal Service mail. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
[cir] Hand-delivered or messenger-delivered paper filings for the
Commission's Secretary are accepted between 8:00 a.m. and 4:00 p.m. by
the FCC's mailing contractor at 9050 Junction Drive, Annapolis
Junction, MD 20701. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes and boxes must be disposed of
before entering the building.
[cir] Commercial courier deliveries (any deliveries not by the U.S.
Postal Service) must be sent to 9050 Junction Drive, Annapolis
Junction, MD 20701.
[cir] Filings sent by U.S. Postal Service First-Class Mail,
Priority Mail, and Priority Mail Express, must be sent to 45 L Street
NE, Washington, DC 20554.
[ballot] People with Disabilities. To request materials in
accessible formats for people with disabilities (braille, large print,
electronic files, audio format), send an email to [email protected] or
call the Consumer & Governmental Affairs Bureau at 202-418-0530
(voice), 202-418-0432 (TTY).
Ex Parte Presentations
Pursuant to 47 CFR 1.1200(a), this proceeding will be treated as a
``permit-but-disclose'' proceeding in accordance with the Commission's
ex parte rules. Persons making ex parte presentations must file a copy
of any written presentation or a memorandum summarizing any oral
presentation within two business days after the presentation (unless a
different deadline applicable to the Sunshine period applies). Persons
making oral ex parte presentations are reminded that memoranda
summarizing the presentation must (1) list all persons attending or
otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and
arguments made during the presentation. If the presentation consisted
in whole or in part of the presentation of data or arguments already
reflected in the presenter's written comments, memoranda or other
filings in the proceeding, the presenter may provide citations to such
data or arguments in his or her prior comments, memoranda, or other
filings (specifying the relevant page and/or paragraph numbers where
such data or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with 47 CFR 1.1206(b). In proceedings governed by
47 CFR 1.49(f) or for which the Commission has made available a method
of electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system available
for that proceeding, and must be filed in their native format (e.g.,
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding
should familiarize themselves with the Commission's ex parte rules.
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 rulemaking proceedings, 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 an Initial Regulatory Flexibility Analysis
(IRFA) concerning the possible impact of potential rule and policy
changes contained in the NPRM on small entities. The IRFA is set forth
in Appendix A of the Commission document, https://docs.fcc.gov/public/attachments/FCC-25-29A1.pdf. The Commission invites the general public,
in particular small businesses, to
[[Page 27500]]
comment on the IRFA. Comments must be filed by the deadlines for
comments indicated on the first page of this document and must have a
separate and distinct heading designating them as responses to the
IRFA.
Paperwork Reduction Act
This document does not contain proposed information collections
subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-
13. In addition, therefore, it does not contain any new or modified
information collection burden for small business concerns with fewer
than 25 employees, pursuant to the Small Business Paperwork Relief Act
of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
Providing Accountability Through Transparency Act
Consistent with the Providing Accountability Through Transparency
Act, Public Law 118-9, a summary of this document will be available on
https://www.fcc.gov/proposed-rulemakings.
Synopsis
I. Introduction
1. The satellite industry is delivering a new wave of innovation
and investment as demand for high-speed connectivity skyrockets thanks
to streaming, cloud services, global connectivity initiatives, and
emerging AI applications. With major investment in the ecosystem and
next-generation satellite systems promising faster, more reliable, and
lower-latency service, having abundant satellite spectrum is more
critical than ever. To ensure U.S. leadership in this rapidly evolving
sector and to keep pace with global developments, the Commission is
committed to achieving spectrum abundance for the growing competitive
ecosystem of existing and emerging satellite services. The Commission
initiates these proceedings to explore opportunities to make over
20,000 megahertz of spectrum available for satellite use across four
bands.
2. In the Further Notice of Proposed Rulemaking (FNPRM), the
Commission seeks further comment on ways to use the 12.7-13.25 GHz band
(12.7 GHz band) and the 42.0-42.5 GHz band (42 GHz band) more
efficiently and intensively, in order to promote technological
innovation, the growth of the nation's economy, and greater
connectivity for the American public. Previously, the Commission has
sought comment on ways that the 12.7 GHz band and 42 GHz band could be
used more intensively by terrestrial wireless communications to achieve
these goals. The FNPRM seeks comment on ways that these bands could be
used more intensively by satellite communications, as an alternative or
a complement to the previous proposals for terrestrial wireless
communications in these bands.
3. The Commission is interested in opening the 12.7 GHz band to a
wider range of satellite operations by eliminating regulatory
restrictions that prevent intensive satellite use of the band.
Geostationary orbit (GSO) operations in the 12.75-13.25 GHz band are
currently limited to communications between domestic and international
points. Meanwhile, non-geostationary satellite orbit (NGSO) fixed-
satellite service (FSS) operations in this band are limited to uplink
communications with individually licensed earth stations. The
Commission is also interested in exploring more intensive use of the
greenfield 42 GHz band by seeking comment on an allocation for fixed-
satellite service. In both instances, the Commission seeks comment on
ways to protect any incumbent spectrum users in the bands, as well as
ways to protect spectrum users, particularly Federal operators, in
adjacent bands.
4. In the accompanying NPRM, the Commission seeks comment on
proposals to make additional spectrum resources available for satellite
communications, particularly satellite broadband, in two bands the
Commission has not previously considered. First, the Commission invites
comment on proposals to open up spectrum for satellite communications
in the 51.4-52.4 GHz band (52 GHz band). Next, the Commission seeks
comment on certain ``W-band'' frequencies (92.0-94.0 GHz, 94.1-100 GHz,
102.0-109.5 GHz, and 111.8-114.25 GHz). Both bands represent large
swathes of spectrum that are largely unused for non-Federal services
today. They are also the subject of considerable interest by
stakeholders for commercial satellite use. Allocations for satellite
services in these bands could facilitate the growth and innovation of
next-generation satellite services and present a ``first-mover''
advantage for U.S. licensed operators.
II. Further Notice of Proposed Rulemaking
A. Background
1. 12.7 GHz Band
5. The 12.7 GHz band is currently shared by a mixture of
terrestrial wireless and satellite uses, with limited Federal
operations in the band. In the United States, the U.S. Table of
Frequency Allocations (Table of Allocations) allocates the 12.7 GHz
band on a primary basis for non-Federal use to fixed service (FS), FSS
(Earth-to-space), and the mobile service (MS). The band is shared among
fixed microwave services (FS--part 101), fixed and mobile Broadcast
Auxiliary Service (BAS) (part 74), fixed and mobile Cable Relay Service
(CARS) (part 78), and FSS (FSS--part 25). Although the 12.7-12.75 GHz
portion of the 12.7 GHz band has the same primary allocations for FSS,
FS, and MS as the 12.75-13.25 GHz portion, there are no part 25 service
rules cross-referenced in Table of Allocations in the 12.7-12.75 GHz
band.
6. The international allocations for the 12.75-13.25 GHz band are
similar to the Table of Allocations in most respects. However, FSS
(space-to-Earth) transmissions are permitted at 12.7-12.75 GHz in
International Telecommunications Union (ITU) Regions 1 and 3 but not in
Region 2. Domestically, Footnote NG52 of the Table of Allocations
precludes most FSS systems using satellites in geostationary orbit from
using the 12.75-13.25 GHz band for domestic services, which limits the
deployment of FSS earth stations in the band. In addition, Footnote
NG57 limits the use of the 12.75-13.25 GHz band by FSS systems using
satellites in non-geostationary orbit to communications with
individually licensed earth stations.
7. The lower adjacent 12.2-12.7 GHz band is allocated on a primary
basis for non-Federal use for Broadcasting Satellite Service (BSS)
(referred to domestically as Direct Broadcast Satellite (DBS)), NGSO
FSS (space-to-Earth), and FS. While the three services are co-primary,
NGSO FSS and FS are allocated on a non-harmful interference basis to
DBS. Currently there are three services operating in the band: DBS
providers operating under the primary BSS allocation, NGSO FSS
licensees operating under the co-primary NGSO FSS allocation, and
Multi-Channel Video and Data Distribution Service (MVDDS) licensees
operating under the co-primary FS allocation.
8. The 12.75-13.25 GHz portion of the 12.7 GHz band has an
allocation for a single Federal user--the National Aeronautics and
Space Administration (NASA), which operates a receive-only earth
station for its Deep Space Network (DSN) at Goldstone, California, that
is authorized to receive transmissions across the entire 12.75-13.25
GHz band.
9. In the adjacent 13.25-13.4 GHz band, there is a primary
allocation for non-Federal use in the Aeronautical Radionavigation
service, and there are secondary allocations for non-Federal use for
the Earth exploration-satellite
[[Page 27501]]
(active) and space research (active) services. There are also primary
allocations for Federal use of all three of these services in this
band. Although there are no allocations for the radio astronomy service
(RAS) in the 12.7-13.25 GHz band, opportunistic observations made by
the Green Bank Telescope in West Virginia are carried out throughout
this band, making use of the unique regulatory and electromagnetic
environment provided by the National Radio Quiet Zone (NRQZ).
Additionally, certain other radio astronomy sites, located in remote
locations, may carry out opportunistic observations in this band, or in
nearby frequency bands allocated to the radio astronomy service.
10. In October 2022, the Commission released its 12.7 GHz Notice of
Inquiry (12.7 GHz NOI) to broadly seek information on the current use
of the 12.7 GHz band, how the Commission could encourage more efficient
and intensive use of the band, and whether the band is suitable for
mobile broadband or other expanded use. As part of the 12.7 GHz NOI,
the Commission extended a temporary freeze on 12.7 GHz band
applications pending the outcome of GN Docket No. 22-352. This
temporary freeze applied to the filing of new or modified applications
for licenses in the 12.7 GHz band, in order to preserve the landscape
of authorized operations in the band pending the Commission's
consideration of actions that might encourage the larger and more
effective use of radio in the public interest.
11. In May 2023, the Commission released an NPRM in GN Docket No.
22-352 (12.7 GHz Band NPRM) that proposed to repurpose some or all of
the 550 megahertz of the 12.7 GHz band spectrum for mobile terrestrial
broadband or other expanded use. It also sought comment on various
proposals for transitioning some or all of the 12.7 GHz band to mobile
broadband and other expanded use, as well as on alternatives that could
promote use of the band on a shared basis.
12. Under the proposals of the 12.7 GHz NPRM to repurpose the 12.7
GHz band, incumbent point-to-point fixed licenses licensed under parts
74, 78, and 101 of the Commission's rules would be relocated from the
band or, alternatively, would become secondary (i.e. operate on an
unprotected, non-interference basis) to new licensed mobile broadband
or expanded use operations on a sunset date, consistent with the
Commission's Emerging Technologies principles. Incumbent mobile BAS/
CARS licensees would be ``repacked'' into a portion of the 12.7 GHz
band that would be designated for mobile BAS/CARS operations. FSS
incumbent space and earth stations that were authorized to serve or
operate in the United Sates based on applications filed before
September 19, 2022 would not be relocated or be subject to sunsetting.
Although incumbent earth stations in the 12.75-13.25 GHz band operating
in the Earth-to-space direction would be grandfathered, the Commission
proposed that no additional earth stations would be authorized in the
12.7 GHz band.
13. At the same time, the Commission declined to authorize two-way,
high-powered terrestrial mobile services in the adjacent 12.2-12.7 GHz
band, finding that they would impose significant risk of harmful
interference to existing and emergent services in the band, including
satellite services. The Commission sought comment, however, on the
potential to expand terrestrial fixed use or to permit unlicensed use
in the 12.2-12.7 GHz band. In response to the 12.7 GHz Band NPRM, the
National Telecommunications and Information Administration (NTIA)
provided analyses and recommendations in support of maintaining federal
applications and missions.
B. 42-42.5 GHz Band
14. The 42 GHz band is not currently used for any existing services
in the United States. It is allocated to non-Federal FS and MS on a
primary basis. Although the Commission sought comment previously on
proposed service rules for this band among other bands above 24 GHz,
none are currently in place, and the band has no incumbent licensees.
Accordingly, the 42 GHz band represents ``greenfield'' spectrum that
gives greater flexibility in designing a licensing scheme that may be
optimized for future use and that can take advantage of new
technological developments more easily than a band with existing
deployments.
15. There is no allocation for satellite services in the 42 GHz
band. The Commission has previously twice declined to add an FSS
(space-to-Earth) allocation in the 42 GHz band. The lower adjacent 40-
42 GHz band has been designated for satellite use, with allocations on
a primary basis for FSS (space-to-Earth) and Broadcasting-Satellite.
Similarly, there is no Federal allocation in the 42 GHz band, but the
upper adjacent 42.5-43.5 GHz band is allocated to the radio astronomy
service on a primary basis for Federal and non-Federal use and to the
Federal FS, FSS (Earth-to-space), and MS--except aeronautical mobile--
services on a primary basis.
16. In June 2023, the Commission released an NPRM in WT Docket No.
23-158 and GN Docket No. 14-177 (42 GHz NPRM), which sought comment on
proposals to provide increased access to the 42 GHz band, particularly
by smaller wireless service providers, to support efficient, intensive
use of the band. Specifically, the Commission sought comment on a
variety of potential approaches to licensing the 42 GHz band for
flexible use by FS and MS operations on a shared basis, as well as on
any alternatives that might better promote the Commission's goals of
more efficient spectrum use and lower barriers to spectrum access
compared with traditional exclusive-use licensing in this band. The
Commission proposed to authorize flexible MS and FS operations in the
42 GHz band, provided that RAS could be protected in the adjacent 42.5-
43.5 GHz band, and it proposed to require licensees in the 42 GHz band
to limit emissions into the 42.35-43.5 GHz band in order to protect RAS
at observatory locations.
B. Discussion
17. The Commission seeks to supplement the record in the 12.7 GHz
band and 42 GHz band proceedings by seeking comment on alternative
proposals for increasing the use of these two bands by satellite
communications. Although the Commission has previously sought comment
on proposals to provide increased access to both bands for terrestrial
wireless services, including mobile broadband or other expanded uses,
the Commission now seeks to further develop the record on whether
increasing access by satellite communications might better encourage a
more efficient and intensive use of these bands on a more expedited
basis than the previous proposals. The Commission also seeks comment on
whether increasing the use of these bands by satellite communications
may be more harmonious with existing users of the bands, both
domestically and internationally, and with spectrum users in adjacent
bands, particularly Federal operations.
18. The Commission also seeks comment on whether there are cross-
border coordination mechanisms in either the 12.7 GHz band or the 42
GHz band that the Commission should review or seek to remove to ensure
efficient and adequate transitions, and sufficient protection from
harmful interference, at the borders? Commenters should provide
detailed information on any potential cross-border interference
concerns and other international considerations as well as possible
actions to address them.
[[Page 27502]]
1. 12.7 GHz Band
a. Expanding Use of 12.7 GHz Band by Satellite Communications
19. The Commission seeks further comment on whether expanding the
use of the 12.7 GHz band by satellite communications might better
encourage a more efficient and intensive use of the band than previous
proposals to repurpose this band for mobile broadband or other expanded
uses. Comments from satellite operators in response to the 12.7 GHz NOI
and 12.7 GHz NPRM state that there is an increasing demand for
satellite services, particularly broadband services, and a growing need
for sufficient spectrum to enable such services. They assert that,
although the 12.7 GHz band is not currently heavily used by satellite
communications in the United States, this is due to regulatory
restrictions on the use of this band, rather than to the lack of
utility of the band for satellite communications or the desire of
satellite operators to make use of this band. They assert that the
quickest way to make more intensive use of the 12.7 GHz band is to lift
these regulatory restrictions. Satellite operators also state that
lifting these regulatory restrictions and expanding the use of the 12.7
GHz band by satellite communications could harmonize the use of the
12.7 GHz band in the United States with global spectrum allocations and
could better protect incumbent users in adjacent bands from harmful
interference than previous proposals. The Commission seeks further
comment on these assertions and statements.
20. The Commission seeks further comment on the demand and need for
the 12.7 GHz band to support satellite communication services,
particularly any changes that have occurred in the time since the 12.7
GHz NPRM was adopted in 2023. How would expanding access by satellite
communications to the 12.7 GHz band enable more efficient and intensive
use of this band? What should be the metric for such a determination?
Should it be based on total throughput over all users of the band?
Which specific types of communications would be enabled or enhanced by
expanding the use of the 12.7 GHz band by satellite communications?
What would be the expected timeframe for achieving the benefits from
expanding the use of the band by satellite communications and how does
this timeframe compare to that expected under previous proposals to
repurpose the 12.7 GHz band for mobile broadband or other expanded
uses? The Commission seeks comment on these questions.
21. The Commission seeks further comment on whether a more
efficient and intensive use of the 12.7 GHz band can be achieved by
eliminating existing regulatory restrictions on the use of the band by
satellite communications. Footnote NG52 limits GSO FSS in 12.75-13.25
GHz band (Earth-to-space) to international systems, that is, other than
domestic systems. This limitation was designed to protect incumbent
BAS, CARS, and fixed microwave operations from a large number of
satellite earth station deployments. Satellite operators claim that
Footnote NG52 artificially limits FSS deployments in the 12.7 GHz band
and is no longer needed if the Commission determines that the growth of
incumbent BAS, CARS, and fixed microwave use is no longer considered as
important as it might have been in 2000. The Commission seeks further
comment on whether Footnote NG52 is still needed to protect incumbent
BAS, CAS, and fixed microwave operations in the 12.7 GHz band, or
whether there are means other than Footnote NG52 to protect incumbent
FS and MS operations in the band that would not restrict satellite
access to the band unnecessarily.
22. The Commission seeks comment on whether to eliminate the
regulatory restriction of Footnote NG52 that limits the use of the 12.7
GHz band by GSO satellite communications to international systems.
Would increasing access to the 12.75-13.25 GHz portion of the 12.7 GHz
band by satellite communications be most efficiently and expeditiously
achieved by amending the text of Footnote NG52 to remove its
applicability to the 12.75-13.25 GHz band, as proposed by commenters?
Are any additional changes to Footnote NG52 or other footnotes needed
to eliminate regulatory restrictions that limit the use of the 12.7 GHz
band by satellite communications? Are any other changes to the
Commission's part 25 rules or other rule parts necessary to remove
regulatory restrictions on the use of the 12.75-13.25 GHz band by
satellite communications?
23. The Commission also seeks comment on whether the more efficient
and intensive use of the 12.7 GHz band can be achieved by expanding the
use of the band by Earth Stations in Motion (ESIMs). The Commission has
already authorized ESIMs operations with NGSO FSS systems in the
adjacent 12.2-12.7 GHz band in the space-to-Earth direction. Would the
12.7 GHz band be more efficiently and intensively used, and would the
American public have better connectivity, if the band were also
available for ESIMs operations? The Commission seeks comment on this
question.
24. As a result of agenda item 1.15 at the 2023 World Radio
Conference (WRC), international Footnote 5.496A was adopted for all
three ITU regions. Footnote 5.496A provides that the 12.75-13.25 GHz
band can be used by ESIMs on aircraft and vessels communicating with
GSO FSS space stations. Such use is also subject to Resolution 121
(WRC-23), which addresses the use of the 12.75-13.25 GHz band by ESIMS
on aircraft and vessels. Although the Commission has not incorporated
Footnote 5.496A into the international table of the Table of
Allocations, wide-spread adoption of this footnote into national
frequency allocations could harmonize the use of the 12.75-13.25 GHz
band globally by satellite communications for ESIMs operations in the
Earth-to-space direction.
25. The Commission seeks comment on whether it should build upon
the decisions of WRC-23, particularly Footnote 5.496A, by amending the
text of Footnote NG527A to permit authorization of ESIMs, as an
application of the FSS, to communicate with GSO and NGSO FSS space
stations. Specifically, should the Commission amend paragraph (ii) of
Footnote NG527A to add ``12.75-13.25 GHz (Earth-to-space)'' as a band
in which ESIMs may be authorized to communicate with geostationary
satellites on a primary basis? In addition, should the Commission amend
paragraph (iii) of Footnote NG527A to add ``12.75-13.25 GHz (Earth-to-
space)'' as a band in which ESIMs may be authorized to communicate with
NGSO space stations, subject to the condition that NGSO systems may not
cause unacceptable interference to, nor claim protection from, GSO
networks? The Commission seeks comment on these questions, as well as
on any other changes to the text of Footnote NG527A, or other
footnotes, that could facilitate expanding the use of the 12.75-13.25
GHz band by ESIMs operations, including authorizing ESIMs to
communicate with NGSO FSS systems.
26. The Commission also seeks comment on whether to delete or amend
Footnote NG57 to the Table of Allocations in order to expand the use of
the 12.7 GHz band by satellite communications. Footnote NG57 limits use
of the 12.75-13.25 GHz band by NGSO FSS systems to communications with
individually licensed earth stations, such as gateway earth stations.
As a result, Footnote NG57 prohibits the authorization of earth
stations through
[[Page 27503]]
blanket earth station licenses that permit the operation of numerous
technically-identical earth stations, often user terminals or ESIMs.
The Commission seeks comment on whether the restriction of Footnote
NG57 is still necessary, particularly in light of the proposal above to
amend Footnote NG527A to permit authorization of ESIMs to communicate
with NGSO FSS space stations. If it is no longer necessary, should
Footnote NG57 be deleted from the Table of Allocations, or should it be
retained with amended text?
27. The Commission also seeks comment on whether to make any other
changes to the Table of Allocations and its part 25 rules to expand the
use of the 12.7-12.75 GHz band by satellite communications. Should the
existing allocations on a primary basis for FSS (Earth-to-space), FS,
and MS in the 12.7-12.75 GHz band be maintained? Could the 12.7-12.75
GHz band be more intensively used by satellite communications if a
primary allocation for FSS (space-to-Earth) were added to the existing
primary allocation for FSS (Earth-to-space)? Are there any changes that
need to be made to the Commission's part 25 rules for FSS operations in
the 12.7-12.75 GHz band, and should ``Satellite Communications (part
25)'' be added to the FCC Rule Part(s) column of the Table of
Allocations in the 12.7-12.75 GHz band? If changes are made to part 25,
what changes are necessary to address any increased operations by
satellite communications in the 12.7-12.75 GHz band? Are the existing
licensing and operating provisions of section 25.146 that govern NGSO
FSS operations in the 10.7-30 GHz frequency range sufficient, including
any applicable equivalent power-flux density (EPFD) levels? Similarly,
are any part 25 rule changes needed to address increased access by
satellite communications in the 12.75-13.25 GHz band? The Commission
seeks comment on these questions.
28. The Commission seeks comment on whether the more efficient and
intensive use of the 12.7 GHz band can be achieved by expanding ESIMs
operations in the 12.7-12.75 GHz band. Currently, the Commission has
authorized ESIMs operating on U.S.-registered aircraft and vessels
outside the United States in the 12.7-12.75 GHz band in the space-to-
Earth direction. Should the Commission authorize ESIMs in the 12.7-
12.75 GHz band, either inside or outside the United States, in a
similar manner to ESIMs in the 12.75-13.25 GHz band, that is by
amending the text of Footnote NG527A to permit authorization of ESIMs,
using frequency bands allocated for FSS, to communicate with GSO and
NGSO space stations in the 12.7-12.75 GHz band? The Commission observes
that Footnote NG527A is not currently included as a footnote to either
the 12.7-12.75 GHz band or the 12.75-13.25 GHz band; rather, the
applicability of Footnote NG527A to the 12.75-13.25 GHz band is through
an exception contained within Footnote NG52, and Footnote NG52 does not
currently apply to the 12.7-12.75 GHz band. If more efficient and
intensive use of the 12.7 GHz band by satellite communications would be
achieved by expanding ESIMs operations in the 12.7-12.75 GHz band,
should the Commission add Footnote NG527A to the non-Federal allocation
for the 12.7-12.75 GHz band and amend the text of Sec. Sec. (d)(ii)
and (ii) of Footnote 527A to include ``12.7-12.75 GHz (Earth-to-
space)''? The Commission seeks comment on these questions and
observations.
29. The Commission seeks comment on whether the 12.7 GHz band could
be used for FSS (space-to-Earth) operations in addition to, or as an
alternative to, the existing allocation for FSS (Earth-to-space)
operations. Could the 12.7 GHz band be more intensively used by
satellite communications if satellite downlinks were permitted, either
throughout the 12.7 GHz band, or in either the 12.7-12.75 GHz or the
12.75-13.25 GHz band? NGSO FSS downlink operations are authorized in
the adjacent 12.2-12.7 GHz band pursuant to international Footnote
5.487A, and allowing downlinks in the 12.7 GHz band, particularly to
blanket-licensed user terminals, could provide additional contiguous
spectrum for use by high-speed services. Are there specific technical,
economic, or legal reasons to prohibit use of the 12.7 GHz band, in
whole or in part, for satellite downlink communications? Is it feasible
for both satellite uplinks and downlinks to operate in the 12.7 GHz
band, perhaps through geographic separation or some other means of
coordination? What changes to the Table of Allocations or our part 25
rules would be necessary to allow use of the 12.7 GHz band, in whole or
in part, for FSS (space-to-Earth) operations?
30. The Commission also seeks comment on whether the expanded use
of the 12.7 GHz band by satellite communications in the Earth-to-space
direction could impose a risk harmful interference to satellite
communications, as well as other co-primary users, in the adjacent
12.2-12.7 GHz band. Would limiting FSS (Earth-to-space) to individually
licensed earth stations in the 12.7-12.75 GHz band be a desirable means
to mitigate such a risk? Are there other means, such as out-of-band
emission limits on FSS (Earth-to-space) operations in the 12.7-12.75
GHz band, that could equally or more effectively mitigate the risk of
harmful interference between satellite communications in the 12.7 GHz
band and co-primary spectrum users in the 12.2-12.7 GHz band to allow
the use of ESIMs operations in the 12.7 GHz band? If so, what are the
appropriate technical parameters for these other means to mitigate
risks of harmful interference to co-primary spectrum users in the 12.2-
12.7 GHz band? Could interference to satellite communications and other
co-primary users in the 12.2-12.7 GHz band be mitigated by limiting
satellite communications in the 12.7-12.75 GHz band to ESIMs operations
in the space-to-Earth direction outside of the United States,
essentially creating a 50 megahertz buffer between the 12.2-12.7 GHz
band and 12.75-13.25 GHz band in the United States? Would a 50
megahertz buffer sufficiently protect the primary satellite receivers
in the 12.2-12.7 GHz band from out of band emissions of the earth
stations in the 12.75-13.25 GHz band? Would there be blocking issues
for the primary satellite receivers in the 12.2-12.7 GHz band due to
high power transmissions from the nearby earth stations in the 12.75-
13.25 GHz band? How would the interference environment change if
satellite downlinks were permitted in the 12.7 GHz band, either in
addition to satellite uplinks or as an alternative to satellite
uplinks? The Commission seeks comment on these questions.
31. The Commission also seeks comment on lifting the existing
freeze on space and earth station applications in the 12.7 GHz band, if
it is determined that use of the 12.7 GHz band by satellite
communications would better encourage a more efficient and intensive
use of the band than previous proposals to repurpose this band for
mobile broadband or other expanded uses. Would the most efficient means
of lifting the freeze be the release of a public notice announcing a
date on which applications for new space stations and earth stations
could be filed? The Commission also seeks comment on the timing of any
public notice lifting the freeze on new space and earth station filings
in the 12.7 GHz band.
32. The Commission seeks comment on whether to process any new
applications for GSO FSS space stations using the existing ``first-
come, first-served'' procedures for GSO-like satellite operations.
Although the 12.75-13.25 GHz band constitutes a ``planned
[[Page 27504]]
band'' subject to Appendix 30B of the ITU Radio Regulations, the
Commission has adopted use of ``first-come, first-served'' procedures
for space station applications in planned bands. The Commission has
also extended availability of the optional two-step process to allow
applicants to file a draft ITU Coordination Request to establish a
position in the ``first-come, first-served'' queue, and then to file a
complete license application within two years of submission of the
Coordination Request materials. In addition, the Commission applied the
``first-come, first-served'' procedure to requests to access the U.S.
market by non-U.S. licensed space stations, with the exception of the
two-step process. The Commission seeks comment on this proposal for
licensing any new GSO FSS space stations in the 12.7-13.25 GHz band on
a ``first-come, first-served'' basis, as well as on any other
procedures necessary to implement this proposal, considering the
particularities of planned band spectrum.
33. The Commission seeks comment on whether to license new NGSO FSS
space stations in the 12.7-13.25 GHz band pursuant to its part 25
procedures for ``NGSO-like'' satellite operations. Processing rounds
for NGSO-like satellite applications that included the 12.75-13.25 GHz
band were begun in 2017 and 2020. The Commission seeks comment on
whether existing procedures under its part 25 rules are sufficient to
authorize new NGSO FSS operations in the 12.75-13.25 GHz band or
whether any changes to its rules are needed.
b. Sharing With Existing Non-Federal Users
34. The Commission seeks comment on whether expanded use of the
12.7 GHz band by satellite communications necessitates any changes to
the spectrum sharing obligations between FSS (Earth-to-space)
operations and non-Federal terrestrial operations, particularly fixed
point-to-point and mobile BAS and CARS. Should the existing primary
allocations for FS and MS in the 12.7 GHz band be maintained? If they
are maintained, are they compatible with the a more intensive use of
the 12.7 GHz band by satellite communications? Alternatively, should
the existing allocations for FS and MS in the 12.7 GHz band be changed
from a primary to a secondary allocation in the United States, in
either the 12.7-12.75 GHz band or the 12.75-13.25 GHz band, in order to
reflect any more intensive use of the band by FSS?
35. The Commission observes that previous proposals in these
proceedings to repurpose some or all of the 12.7 GHz band for
terrestrial mobile broadband or other expanded uses envisioned the
sunsetting of protections from interference for incumbent FS and MS
operations, or repacking these operations into a smaller segment of the
12.7 GHz band. The Commission seeks comment on whether increasing the
use of the 12.7 GHz band by satellite communications requires similar
sunsetting or repacking of non-Federal terrestrial operations in the
12.7 GHz band, or whether increased use of the band by FSS (Earth-to-
space) can be accomplished under existing spectrum sharing obligations
without repacking? If repacking of mobile BAS/CARS is required, would
repacking be most effectively accomplished by moving mobile BAS/CARS
operations to a 25-megahertz segment within the 12.75-13.25 GHz band or
by concentrating them in two segments--at the top and bottom of the
12.7-13.25 GHz band, respectively, as suggested in previous proposals
for expanded use of the 12.7 GHz band, or by concentrating mobile BAS/
CARS operations within the 50 megahertz of the 12.7-12.75 GHz band? How
might such repacking of BAS/CARS to the 12.7-12.75 GHz band impact
operations of primary spectrum users in the adjacent 12.2-12.7 GHz
band? If there is a repacking of mobile BAS/CARS operations to
facilitate the expanded use of the 12.7 GHz band by satellite
communications, which entities should bear the costs arising from the
repacking? The Commission seeks comment on these questions, including
comments on the potential costs and benefits associated with different
repacking alternatives.
36. The Commission also seeks comment on whether the expanded use
of the 12.75-13.25 GHz band by satellite communications would be
facilitated or accelerated by the deletion or sunsetting of Footnote
NG53 to the Table of Allocations. Footnote NG53 reserves sub-bands in
the range of 13.15 GHz to 13.2125 GHz for television pick up (TVPU) and
CARS inside a 50 kilometer radius of the top 100 television markets and
prohibits NGSO FSS gateway stations from operating in these locations
in these sub-bands. Outside these areas, NGSO FSS gateway stations
operate on a co-primary basis with terrestrial operations in these sub-
bands. The provisions of Footnote NG53 do not apply to GSO FSS
operations in the 12.75-13.25 GHz band. Do the provisions of Footnote
NG53 unnecessarily restrict the use of the 12.7 GHz band by satellite
communications, particularly by NGSO FSS and by ESIMs on aircraft and
vessels, and if so, would the restriction be more efficiently removed
by deleting or sunsetting Footnote NG53, or through the Commission's
previously discussed proposal of repacking mobile BAS/CARS to either
the top and/or bottom of the bands? If sunsetting would be a more
efficient means of removing the restriction, what should be the period
of any sunsetting of the protections of Footnote NG53? Are there less
restrictive alternatives to Footnote NG53 as means to protect incumbent
terrestrial operations in the 12.7 GHz band from potential harmful
interference from increased FSS operations in the band, such as power
flux density (PFD) limits or more narrowly-tailored geographic
separation requirements for blanket-licensed or ESIM earth stations?
What would be the costs to providers and users of incumbent services
were they to be sunset, and how do these compare to the costs of
protecting incumbents using PFD limits or other means? The Commission
seeks comment on these questions. Similarly, the Commission seeks
comment on whether the current freeze on FS, BAS, and CARS applications
should be lifted, extended, or made permanent if use of the 12.7 GHz
band by satellite communications is expanded, as well as the procedures
for doing so.
37. The Commission also seeks comment on how to avoid causing
harmful interference to other incumbent co-primary operations in the
12.7-12.75 GHz band if the Commission expands use of the 12.7 GHz band
by satellite communications, particularly if the Commission adopts
blanket licensing of earth stations, including ESIMs. Currently,
Footnote NG53 applies to the 12.75-13.25 GHz band, but not to the 12.7-
12.75 GHz band. Would amending the text of Footnote NG53 to apply its
protections to all or part of the 12.7-12.75 GHz band accomplish this
goal? Should it be added to the 12.7-12.75 GHz band, particularly if
BAS and CARS operations relocate to that band in order to make the
12.75-13.25 GHz band more accessible for satellite communications? Are
there alternatives to Footnote NG53 that may be effective in allowing
satellite communications and other incumbent co-primary operations to
co-exist in the 12.7 GHz band, such as emission limitations or other
restrictions on blanket licensed earth stations and ESIMs operations
(such as limiting ESIMs operations to aircraft above a certain altitude
or to vessels a certain distance from the coastline)? If BAS and CARS
are
[[Page 27505]]
repacked to a portion of the band, should blanket licensed and ESIMs be
prohibited in the portion of the band where BAS and CARS operate to
prevent interference from occurring? How would the interference
environment change if satellite downlinks were permitted in the 12.7
GHz band, either in addition to satellite uplinks or as an alternative
to satellite uplinks? The Commission seeks comment on these questions.
c. Protection of Federal Operations in 12.75-13.25 GHz Band
38. The Commission seeks comment on how to continue to protect
Federal space research (deep space) operations if the Commission adopts
expanded use by satellite communications in the 12.75-13.25 GHz band.
Footnote US251 of the Table of Allocations states that the 12.75-13.25
GHz band is allocated to the space research (deep space) (space-to-
Earth) service for reception at Goldstone, California. Currently,
individually-licensed FSS (Earth-to-space) earth stations are able to
avoid interference to NASA's Deep Space facility at Goldstone by means
of geographic separation between the FSS earth station and the NASA
facility.
39. The Commission also seeks comment on whether there are measures
that could protect Federal space research (deep space) facilities in
the 12.75-13.25 GHz band from potential harmful interference from
blanket licensed FSS (Earth-to-space) operations, particularly ESIMs.
Is geographic separation a viable means of interference protection from
blanket licensed FSS earth stations? Would adopting coordination
requirements or aggregate emissions limitations for FSS blanket
licensed earth stations be a more effective means of providing
interference protection to the NASA Deep Space facility at Goldstone?
In this regard, the Commission has previously sought comment on a
coordination process to protect the Goldstone facility from possible
interference that might be caused by mobile broadband or other expanded
use in the 12.7 GHz band. Could such a coordination process also be
used to provide protection from possible interference from blanket-
licensed FSS earth stations, including ESIMs, transmitting in the 12.7
GHz band? Alternatively, would a coordination process, such as that
which is used to protect NASA receiving earth stations from ESIMs in
the 14.0-14.2 GHz (Earth-to-space) band, be considered adequate once
tailored for this sharing scenario? Are there other means of protecting
Federal operations at fixed locations that would not require
coordination, such as the incorporation of global positioning
technology in blanket-licensed earth stations to prevent transmissions
within a geographic area? How would the interference environment change
if satellite downlinks were permitted in the 12.7 GHz band, either in
addition to satellite uplinks or as an alternative to satellite
uplinks? Are there additional methods to ensure protection of deep
space receivers located at Goldstone, California, noting the potential
differences in number of systems and received power levels, if FSS
downlinks are permitted in the 12.7 GHz band? The Commission observes
that radio astronomy operations within the NRQZ could be affected by
changes in satellite allocations in the 12.7 GHz band, particularly the
introduction of FSS space-to-Earth downlinks. In light of the technical
analyses and recommendations received from NTIA in response to the 12.7
GHz Band NPRM, the Commission seeks comment on maintaining federal
operations of radio astronomy observatories located in remote sites,
including within the NRQZ, operating in the 12.7 GHz band. The
Commission seeks comment on these questions.
d. Protection of Federal Operations in Adjacent Bands
40. The Commission seeks comment on ways to protect Federal
operations in primary allocations for the Earth exploration satellite
service (EESS) (active), aeronautical radionavigation (ARNS), and space
research (active) in the adjacent 13.25-13.4 GHz band from the risk of
harmful interference that may result from increased access by satellite
communications in the 12.7 GHz band. The Commission similarly seeks
comment on ways to protect Federal operations in the 13.4-13.75 GHz
band, which is allocated on a primary basis for federal EESS (active),
aeronautical radionavigation, and space research (active), and is
allocated on a secondary basis for standard frequency and time signal-
satellite (Earth-to-space).
41. NTIA has articulated several concerns related to the protection
of Federal operations in the bands that are adjacent to the 12.7 GHz
band. NTIA notes that the 13.25-13.4 GHz band is used by the Department
of Defense (DoD) and the Federal Aviation Administration (FAA) to
operate airborne Doppler navigation radar systems used to determine
ground speed and drift angle of aircraft with respect to the ground. It
also observes that future unmanned aircraft detect-and-avoid safety
systems are being developed in the 13.25-13.4 GHz band. NTIA notes that
the 13.4-13.75 GHz band is used for the DoD's operation of shipborne
radars, for the National Oceanic and Atmospheric Administration's
(NOAA) satellite operations in the Joint Satellite Oceanography Network
(JASON) mission, for NASA's active remote sensing (including the future
Surface Water and Ocean Topography (SWOT) mission), Global
Precipitation Measurement (GPM) mission, and Tracking and Data Relay
Satellite (TRDS) operations, as well as for the National Science
Foundation's continuum and spectral-line radio astronomy research
(including as a calibration aid for the radionavigation satellite
service) operations. In the context of previous proposals to repurpose
the 12.7 GHz band for mobile broadband and other expanded uses, NTIA
expresses concern that aggregate interference from mobile base stations
and ubiquitous mobile devices may cause interference to NASA and NOAA
satellite systems, as well as to DoD radar systems.
42. The Commission seeks comment on how NTIA's concerns related to
protection of Federal operations in the bands adjacent to, or nearby,
the 12.7 GHz band may differ in the context of expanded use of the 12.7
GHz band by satellite communications. Do individually licensed FSS
(Earth-to-space) earth stations present the same potential risk of
harmful interference to federal operations in the adjacent 13.25-13.75
GHz bands as that presented by mobile broadband or other expanded uses
of the 12.7 GHz band? Would expanded use of the 12.7 GHz band by
blanket-licensed FSS (Earth-to-space) earth stations, including ESIMs,
present a risk of harmful interference similar to that presented by
potential mobile broadband operations in the band? Would relocation or
compression of existing non-Federal and Federal systems impact the use
of nearby bands? The Commission seeks comment on why such expanded use
would, or would not, present a risk of harmful interference in a manner
similar to potential mobile broadband operations. How would the
interference environment change if satellite downlinks were permitted
in the 12.7 GHz band, either in addition to satellite uplinks or as an
alternative to satellite uplinks?
43. The Commission seeks comment on specific ways to mitigate the
potential risk of harmful interference to federal operations in the
adjacent 13.25-13.75 GHz band from any increased use of the 12.7 GHz
band by satellite communications. The Commission has
[[Page 27506]]
previously noted that NTIA has set up a Technical Interchange Group
(TIG) as a tool for implementation of electromagnetic compatibility
(EMC) studies between federal systems and mobile broadband or other
expanded use in the 12.7-13.25 GHz band. Could the TIG also be a tool
for implementing EMC studies between federal systems and satellite
communications in the 12.7-13.25 GHz band? Alternatively, would out-of-
band emission (OOBE) limits on FSS (Earth-to-space) operations in the
12.75-13.25 GHz band be appropriate to address NTIA's concerns related
to protection of federal operations in the bands adjacent to the 12.7
GHz band? If so, could the OOBE limit of -13 dBm/1 MHz that was
proposed in the 12.7 GHz NPRM for mobile broadband licensees be
adequate to protect Federal operations in the adjacent 13.25-13.75 GHz
band? Would such OOBE limits need to be adjusted to address NTIA's
concerns about aggregate interference from mobile or ubiquitously
deployed non-Federal operations in the 12.75-13.25 GHz band? Are there
other existing protection criteria that could be used to mitigate the
risk of harmful interference to Federal operations in the adjacent
band? For example, NTIA observes that Recommendation ITU-R M.2008-1
(February 2014), ``Characteristics and protection criteria for radars
operating in the aeronautical radionavigation service in the frequency
band 13.25-13.40 GHz,'' provides characteristics and protection
criteria for Federal airborne Doppler radars. NTIA states, however,
that this Recommendation may need to be updated to reflect the
characteristics for current and future airborne Doppler navigation
radars. Should OOBE limits be based on I/N interference threshold? The
Commission seeks comment on these statements, questions, and
observations.
44. The Commission also seeks comment on whether there are other
potential means to ensure that non-Federal operations at upper edge of
the 12.7 GHz band are able to protect Federal operations in the
adjacent 13.25-13.75 GHz band. The Commission previously sought comment
on whether interference concerns could be alleviated by the creation of
a buffer between potential non-Federal base/mobile operations in the
12.7 GHz band and Federal operations in the 13.25-13.75 GHz band? It
sought comment on whether relocation of the mobile BAS/CARS operations
into the upper portion of the 12.7 GHz band could alleviate some of the
Federal concerns about interference. In response to the 12.7 GHz NPRM,
NTIA performed a preliminary compatibility analysis using a typical
military aeronautical radionavigation system in the 13.25-13.4 GHz band
and a mobile base station with assumed characteristics in the 12.7 GHz
band, which NTIA says indicated that a 25-megahertz frequency offset of
mobile BAS/CARS operations would help alleviate some of the adjacent
band interference concerns. The Commission seeks comment on whether
buffers or offsets at the upper edge of the 12.7 GHz band are more or
less necessary to protect Federal operations in the adjacent bands if
the 12.7 GHz band were made available for increased use by satellite
communications, compared to previous proposals to repurpose the 12.7
GHz band for mobile broadband or other expanded uses.
45. NTIA also presented an adjacent band compatibility analysis as
an attachment to its comments in response to the 12.7 GHz NPRM, and
stated that its analysis could be used as a starting point for further
compatibility studies between potential mobile broadband networks in
the 12.7 GHz band and Federal aeronautical radionavigation operations
in the adjacent band. The Commission seeks comment on this analysis and
its applicability to potential harmful interference from increased
satellite communications in the 12.7 GHz band, particularly from
blanket-licensed earth stations, including ESIMs.
2. 42 GHz
a. Access to 42-42.5 GHz by Satellite Communications
46. The Commission seeks further comment on whether granting access
to the 42 GHz band by satellite communications might better ensure that
this high-band spectrum is used more efficiently and intensively. The
comments of a satellite operator in response to the 42 GHz NPRM state
that high-band spectrum has become increasingly important for use by
NGSO FSS operators, and that 20 NGSO FSS operators have sought
authority to use high-band spectrum. They contend that although
consumer demand for satellite connectivity is growing, satellite
operators are constrained by the amount of spectrum allocated for NGSO
FSS use, which impacts the quality and availability of broadband
services to consumers. They state that the Commission has contemplated
FSS use of the 42 GHz band as far back as 2010, when it considered
adding a primary allocation for FSS (space-to-Earth) to conform with
the existing primary allocation for FSS in the international table. In
2016, however, the Commission declined to adopt a primary FSS
allocation, determining that there was potentially greater value at
that time to reserving the spectrum for Upper Microwave Flexible Use
Service (UMFUS) and that exclusive use of the 42.0-42.5 GHz band for
terrestrial use was balanced by previous decisions to provide exclusive
access for FSS in other high-band spectrum. The Commission affirmed
that decision, without additional reasoning, in 2018. The same
satellite operator states that since 2016, making more high-band
spectrum available for FSS has become even more crucial, because the
37.5-40.0 GHz frequency range desired for FSS downlinks to gateway
stations has been limited due to siting restrictions designed to
protect UMFUS operations. They contend that opening the 42 GHz band for
satellite communications, particularly NGSO FSS operations, would be
timely and sensible. The Commission seeks further comment on these
statements and contentions.
47. The Commission seeks comment on whether developments,
particularly since 2018, support a revisiting of prior Commission
determinations that high-band spectrum, including the 42 GHz band, has
potentially greater value for UMFUS or other terrestrial uses than for
satellite communications. Do deployments since 2016 by satellite and
terrestrial operators in other high-band spectrum bands justify a fresh
look at the potential use of the 42 GHz band? Does the shorter
propagation range of radio transmissions in the high-band frequency
ranges limit or increase the economic viability of the 42 GHz band for
terrestrial uses? How does the shorter propagation range similarly
impact the viability of the band for satellite communications? Would
the shorter propagation range increase the potential for unused or
underused spectrum if the band were allocated for terrestrial
operations, particularly in remote and less densely populated areas,
and is the potential for unused or underused spectrum similar for
satellite communications, if such use were allocated in the band? The
Commission seeks comment on these questions.
48. The Commission seeks comment on whether granting access to the
42 GHz band by satellite communications would allow for most efficient
spectrum use through adding an allocation for FSS (space-to-Earth) on a
secondary basis, as proposed by the comments of a satellite operator,
or through an allocation for FSS (space-to-Earth) on a primary basis.
Would a secondary allocation for FSS (space-to-Earth) in the
[[Page 27507]]
42 GHz band in conjunction with a non-exclusive shared licensing
approach for terrestrial licensees, as proposed in the 42 GHz NPRM,
maximize the use of the band for both satellite and terrestrial
services, while also protecting Federal radioastronomy operations in
the adjacent 42.5-43.5 GHz band? Would a secondary allocation for FSS
(space-to-Earth) maximize the use of the band without risking harmful
interference to or from potential non-Federal FS and mobile services in
the band? Alternatively, would a primary allocation for FSS (space-to-
Earth) be appropriate, if granting access to the 42 GHz band by
satellite communications would be more efficient and effective than
previous shared licensing approaches? Would there be benefits from
aligning a primary allocation for FSS (space-to-Earth) in the Table of
Allocations with the primary allocation for FSS (space-to-Earth) in the
international table? Would there be additional benefits from aligning a
primary allocation for FSS (space-to-Earth) in the 42 GHz band with the
primary allocation for FSS (space-to-Earth) in the adjacent 40-42 GHz
bands? The Commission seeks comment on these questions.
49. The Commission also seeks comment on whether the 42 GHz band
could be used for FSS (Earth-to-space) in addition to, or as an
alternative to, the existing allocation for FSS (space-to-Earth). Could
the 42 GHz band be more intensively used by satellite communications if
satellite uplinks were permitted? Are there specific technical,
economic, or legal reasons to prohibit use of the 42 GHz band, in whole
or in part, for satellite uplink communications? Is it feasible for
both satellite uplinks and downlinks to operate in the 42 GHz band,
perhaps through geographic separation or some other means of
coordination? What changes to the Table of Allocations or the
Commission's part 25 rules would be necessary to allow use of the 42
GHz band, in whole or in part, for FSS (Earth-to-space) operations?
50. The Commission seeks comment on whether to maintain the
existing primary allocations for FS and MS in the 42 GHz band, if it is
determined that this high-band spectrum could be used more efficiently
and intensively by satellite communications. Would maintaining primary
allocations for FS and MS in the 42 GHz band complement or inhibit use
of the band for satellite communications? Would changing the allocation
for FS and MS in the 42 GHz band to a secondary basis, or removing the
allocations altogether, be necessary to ensure that this high-band
spectrum is used more efficiently and intensively by satellite
communications? How would such an allocations make the Table of
Allocations more or less consistent with global allocations, and how
would global consistency make use of the 42 GHz band by satellite
operations more or less efficient and intensive?
51. The Commission observes that it is not proposing any new FSS
allocation in one direction in the 42 GHz band be paired with any
existing or proposed companion allocation for FSS in the opposite
direction. For example, an allocation of 500 megahertz for FSS downlink
operations would not be symmetrical with any equivalent spectrum for
FSS uplinks. The Commission seeks comment on this asymmetry and what
impact, if any, it may have on the efficient and effective use of the
42 GHz band by satellite communications. Could such asymmetry have
positive effects, such as providing needed capacity for one-way
communications, or could the asymmetry be offset, for example through
aggregation of the 42 GHz with other downlink bands to pair with
aggregated FSS uplink bands? Are there bands that are allocated for FSS
uplinks internationally, but not domestically, that could be paired
with an allocation for FSS downlinks in the 42 GHz band? The Commission
seeks comment on these questions.
52. The Commission seeks comment on whether to license any FSS
space stations or earth stations in the 42 GHz band using its existing
part 25 licensing procedures and technical rules. The Commission also
seeks comment on whether any changes to its part 25 rules would be
needed to accommodate use of the 42 GHz band by both GSO and NGSO space
stations. Because millimeter wave transmissions in space-to-Earth
direction are best suited for earth stations with large high-gain
antennas rather than smaller blanket-licensed user terminals, and in
order to limit the number of receiving earth stations that need to be
coordinated with adjacent Federal spectrum users, the Commission seeks
comment on whether to limit earth station operations in the 42 GHz band
to individually licensed GSO and NGSO FSS gateway stations, or whether
ESIMs or other blanket-licensed, non-gateway earth stations could be
licensed in the 42 GHz band.
b. Protection of and Coexistence With Federal Operations in Adjacent
Bands
53. There are no existing Federal allocations in the 42 GHz band,
but there are primary allocations for Federal and non-Federal
radioastronomy operations in the adjacent 42.5-43.5 GHz band, and
primary allocations for Federal operations in the FS, FSS (Earth-to-
space), and MS (except aeronautical mobile) in the 42.5-43.5 GHz band.
Footnotes US211 and US342 apply to the 42 GHz band and the 42.5-43.5
GHz bands, respectively, and seek to protect radio astronomy in the
42.5-43.5 GHz band. The Commission seeks comment on how to protect
these primary allocations in the adjacent 42.5-43.5 GHz band from the
risk of harmful interference if the Commission were to allow the use of
the 42 GHz band by satellite communications. How would the interference
environment change if satellite uplinks were permitted in the 42 GHz
band, either in addition to satellite downlinks or as an alternative to
satellite downlinks?
54. The Commission observes that the 42 GHz band is already
allocated and used for FSS (space-to-Earth) on a primary basis outside
of the United States, and that such FSS operations are already required
to protect radio astronomy operations through the limits on PFD and
equivalent PFD emitted by FSS space stations through the provisions of
ITU Footnote 5.551H and 5.551I, as well as ITU Resolution 743 (WRC-03),
Protection of single-dish radio astronomy stations in Region 2 in the
42.5-43.5 GHz band (2003). The Commission seeks comment on whether
these provisions, which have been in place for over twenty years, would
be sufficient to protect radio astronomy in the 42.5-43.5 GHz band from
the risk of harmful interference from FSS (space-to-Earth) operations
in the 42 GHz band in the United States. If FSS (space-to-Earth)
operations in the 42 GHz band are limited to individually licensed
gateway earth stations, would geographic separation be an additional,
or alternative, method to protect radio astronomy observations in the
42.5-43.5 GHz band? Are there other international Radio Regulation
provisions or interference mitigation techniques that could facilitate
the more intensive use of the 42 GHz band by non-Federal FSS (space-to-
Earth) operations? For example, CORF supports the use of parameters
established by ITU-R.RA 769 to be used as the criteria for protecting
radio astronomy sites from interference, if specific methodology for
protecting radio astronomy facilities is agreed upon. In addition, SIA
suggests that the tighter ``per 500 kHz'' components of the EPFD and
PFD limits in Footnote 5.551H and 5.551I of the ITU Radio Regulations
and associated ITU Resolution 743 should apply only
[[Page 27508]]
in the band 42.7-43.5 GHz in the United States, where RAS observations
are most sensitive. The Commission seeks comment on these observations,
suggestions, and questions.
55. The Commission also seeks comment on the ability of non-Federal
FSS (space-to-Earth) operations in the 42 GHz band to coexist with
Federal FSS (Earth-to-space) operations in the adjacent 42.5-43.5 GHz
band. Similarly, the Commission seeks comment on the ability of non-
Federal FSS (space-to-Earth) operations in the 42 GHz band to coexist
with Federal MS (except aeronautical mobile) users in the adjacent
42.5-43.5 GHz band. The Commission observes that such Federal FSS
(Earth-to-space) and MS operations must already limit their operations
to protect Federal and non-Federal radio astronomy operations in the
42.5-43.5 GHz band. Given the need to protect radio astronomy sites
within the same frequency band, would such protections also facilitate
the ability of non-Federal FSS (space-to-Earth) operations in the
adjacent 42 GHz band? The Commission seeks comment on these questions
and observations.
III. Notice of Proposed Rulemaking
56. Satellite operators have requested that the Commission examine
making two other spectrum bands available for satellite communications,
in addition to the 12.7 GHz and 42 GHz bands. The Commission seeks
comment on its proposals concerning each of these requests below.
A. Access to the 51.4-52.4 GHz Band for Satellite Communications
57. The Commission proposes to make the 51.4-52.4 GHz band more
available for use by satellite communications, as requested by a
satellite operator. The 51.4-52.4 GHz band is currently allocated
domestically as a shared Federal/non-Federal band for fixed and mobile
services. Internationally, the band is allocated to terrestrial fixed
and mobile services and GSO FSS networks in the Earth-to-space
direction on a co-primary basis. The ITU began studying this band for
FSS use after the 2015 World Radiocommunication Conference (``WRC-
15'')'s approval of Resolution 162, which directed ITU-R to study the
FSS spectrum needs and a possible FSS allocation in the 51.4-52.4 GHz
band. These studies, which were completed shortly before WRC-19,
concluded that ``the additional allocation to FSS being considered is
beneficial to make broadband connections more accessible to communities
regardless of their geographical location and with more affordable
costs as achieved by HTS (High Throughput Satellite) systems'' and
recommended adding an FSS allocation in the 51.4-52.4 GHz band for GSO
networks, along with limits of unwanted emission power to ensure GSO
compatibility with EESS (passive) operations in the 52.6-54.25 GHz
band. WRC-19 adopted these limits and added an FSS allocation limited
to GSO networks in the band.
58. Both before and after the adoption of Res. 750 (WRC-19),
interested satellite parties have filed Petitions for Rulemaking to
gain access to the band. In 2016, Boeing filed a Petition for
Rulemaking to add a FSS Earth-to-space allocation and in 2020, the
Satellite Industry Association submitted a Petition for Rulemaking
asking the Commission to (1) adopt domestically the WRC-19 GSO FSS
allocation in the 51.4-52.4 GHz band; and (2) expand this new
allocation by making it available to NGSO FSS systems. The Commission
has not acted on either of these requests.
59. The Commission observes that a robust record supporting use of
this band for satellite communications has accumulated over the past 10
years. The Commission seeks comment on whether its proposal to grant
access to the 51.4-52.4 GHz band by satellite operators would advance
its goal for more efficient and intensive use of the band in the Earth-
to-space direction. The Commission invites comment on creating a
domestic FSS allocation in the band and whether use of the allocation
should be limited to NGSO systems. Commenters should address current
Federal and non-Federal uses of the band, opportunities for NGSO FSS
deployment, and efficient coexistence measures to best protect
incumbent or potential future services in these, adjacent bands, and
the nearby 52.6-54.6 GHz band covered by Footnote US246 and
international Footnote 5.340, including terrestrial and satellite
operations and passive services. For example, the Commission seeks
comment on whether limits on unwanted power emissions could ensure NGSO
compatibility with ESS (passive) and space research (passive)
operations in the 52.6-54.25 GHz band. The Commission also seeks
comment on any changes to its part 25 rules that are needed to permit
access to this band by satellite communications. Although global
harmonization is not a prerequisite to Commission spectrum allocations
or service rules, the Commission seeks comment on any tradeoffs of
adopting service rules for this band in the absence of an international
allocation for satellite communications.
B. Access to the ``W-Band'' for Satellite Communications
60. The Commission also proposes to make the following frequency
ranges in the so-called ``W-band'' available for use by satellite
communications: 92.0-94.0 GHz, 94.1-100 GHz, 102.0-109.5 GHz, and
111.8-114.25 GHz, as requested by a satellite operator. The satellite
operator argues that these frequency bands are well suited for
satellite backhaul communications because they combine large bandwidth
with high-gain, narrow ``pencil beam'' transmissions, allowing high-
capacity backhaul while effectively allowing sharing of the spectrum
with other users. It also argues that a proposal to add NGSO FSS uplink
allocations in these bands would facilitate the future growth and
innovation of next-generation satellite services and present a ``first-
mover advantage'' for U.S.-licensed operators while encouraging other
administrations to seek similar allocations for satellite
communications in these bands.
These W-band frequency ranges have unified allocations for
Federal and non-Federal operations;
The 92.0-94.0 GHz band has primary allocations for
terrestrial fixed and mobile services, as well as radio astronomy and
radiolocation services;
The 94.1-95.0 GHz band has primary allocations for
terrestrial fixed and mobile services, as well as radio astronomy and
radiolocation services;
The 95-100 GHz band is allocated on a primary basis to
fixed, mobile, radio astronomy, radiolocation, radionavigation, and
radionavigation satellite services;
The 102-105 GHz band is allocated on a primary basis to
fixed, mobile, and radio astronomy;
The 105.0-109.5 GHz band has primary allocations for the
fixed, mobile, radio astronomy, and space research (passive) services;
and
The 111.8-114.25 GHz band is allocated on a primary basis
for the fixed, mobile, radio astronomy, and space research (passive)
services.
61. All these bands are subject to Footnote US342, which states
that all practicable steps must be taken to protect the radio astronomy
service from harmful interference, and that emissions from spaceborne
or airborne stations can be particularly serious sources of
interference to the radio astronomy service.
62. The 92-94 GHz and 94.1-95 GHz bands are also subject to
Footnote US161, which requires allocated
[[Page 27509]]
services within specified distances to be coordinated with specified
radio astronomy observatories. The 95-100 GHz band is subject to
international Footnote 5.554 that authorizes satellite links connecting
land stations at specified fixed points, when used in conjunction with
the mobile-satellite service or the radionavigation-satellite service.
The 102-105 GHz, 105.0-109.5 GHz, and 111.8-114.25 GHz bands are
subject to international Footnote 5.341, which notes that passive
research is being conducted by some countries for the search for
intentional emissions of extraterrestrial origin.
63. The Commission seeks comment on making changes to the U.S.
Table of Allocations to provide allocations for FSS in any or all of
these frequency bands, as well as any changes to its part 25 rules to
effectuate such changes. The Commission seeks comment on whether
granting access to these W-band frequencies by satellite operators
would advance its goal for more efficient and intensive use of
spectrum. The Commission invites comment whether use of the allocation
should be limited individually licensed gateway stations in the Earth-
to-space direction, and whether to limit use of these spectrum ranges
to NGSO systems. Commenters should also address current Federal and
non-Federal uses of the band, opportunities for NGSO FSS deployment,
and potential coexistence measures to efficiently protect incumbent
services or potential future services in these, or adjacent, bands,
particularly Federal operations. The Commission is unaware of any
technical studies that have been conducted to determine any limits of
unwanted emission power to ensure protection of EESS (passive) and RAS
operations in the 86-92 GHz, 100-102 GHz, 109.5-111.8 GHz, and 114.25-
116 GHz bands (covered by Footnote US246 and international Footnote
5.340) or EESS (active) operations in the 94-94.1 GHz band. The
Commission expects that any coexistence analysis would consider
specific information about anticipated NGSO FSS gateway station
operating parameters including deployment densities, earth station
elevation angles, antenna characteristics (e.g., antenna polarization,
antenna pattern mask), station Equivalent Isotropically Radiated Power
(EIRP), and operating bandwidths (including out-of-band performance).
The Commission seeks specific comment on these operating parameters.
The Commission also seeks general comment on information or
methodologies that may best inform the likelihood of harmful
interference. Furthermore, the Commission seeks comment on whether it
could extend the self-coordinated and data-assisted ``light-licensing''
framework for the 70/80/90 GHz band to these W-band frequencies. As the
Commission observes above for the 51.4-52.4 GHz band, although global
harmonization is not a prerequisite to Commission spectrum allocations
or service rules, the Commission seeks comment on the tradeoffs, if
any, of adopting service rules for this band in the absence of an
international allocation for satellite communications.
IV. Initial Regulatory Flexibility Analysis
64. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Commission has prepared this Initial Regulatory
Flexibility Analysis (IRFA) of the policies and rules proposed in the
FNPRM and NPRM (collectively, document) assessing the possible
significant economic impact on a substantial number of small entities.
The Commission requests written public comments on this IRFA. Comments
must be identified as responses to the IRFA and must be filed by the
deadlines for comments specified on the first page of the document. The
Commission will send a copy of the document, including this IRFA, to
the Chief Counsel for Advocacy of the Small Business Administration
(SBA). In addition, the document and IRFA (or summaries thereof) will
be published in the Federal Register.
A. Need for, and Objectives of, the Proposed Rules
65. The Commission sought comment in two prior NPRMs on ways the
12.7 GHz band, and the 42 GHz band could be used more efficiently and
intensively by terrestrial wireless communications for innovation,
economic growth, and to increase connectivity in the United States. A
mixture of terrestrial wireless and satellite uses currently operate in
the 12.7 GHz band as well as limited Federal operations. The 42 GHz
band which is not currently used for any existing services in the
United States, is allocated to non-Federal FS and MS on a primary
basis, but not allocated to any satellite services. In addition, in ex
parte filings within the proceeding, commenters suggested the
Commission also make available for more intensive satellite use the 52
GHz band as well as the W-band. Internationally, the 52 GHz band is
allocated to terrestrial fixed and mobile services and GSO FSS networks
in the Earth-to-space direction on a co-primary basis, but there does
not yet exist an allocation for satellite operations in the United
States. The W-band ranges have varied but unified allocations for
Federal and non-Federal operations, with large bandwidth with high-
gain, narrow ``pencil beam'' transmissions, that could allow high-
capacity satellite backhaul communications.
66. In the document, the Commission continues its efforts to
promote technological innovation, to grow the nation's economy, and to
facilitate increased connectivity for all Americans. The document seeks
further comment on ways to use the 12.7 GHz band, the 42 GHz band, the
52 GHz band, and the W-band more efficiently and intensively. The
document also seeks comment on using these bands more intensively for
satellite communications, including as an alternative, or a complement
to the previous proposals for terrestrial wireless communications in
the band.
67. To achieve more intensive use of the 12.7 GHz band by satellite
communications, the document requests comment on removing existing
regulatory restrictions, and opening the band to a wider range of
satellite operations. For more intensive use of the 42 GHz band, the
document requests comment on adding for the first time, an allocation
for satellite communications in the fixed-satellite service (FSS). In
addition, in the document, the Commission proposes creating a creating
a domestic FSS allocation in the 52 GHz band and the W-band for more
intensive use of those bands. While the Commission seeks to more
efficiently and intensively expand use of these bands, it is also
mindful of the continued need to protect incumbent spectrum users from
the risk of harmful interference, and seeks comment on ways to protect
incumbent spectrum users in the band, as well as ways to protect
spectrum users, particularly Federal operators, in adjacent bands.
B. Legal Basis
68. The proposed action is authorized pursuant to sections 1, 2, 4,
301, 302, 303, 304, 307, 309, and 310 of the Communications Act of
1934, 47 U.S.C. 151, 152, 154, 301, 302a, 303, 304, 307, and Sec.
1.411 of the Commission's rules, 47 CFR 1.411.
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
69. 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 proposed rules, if adopted. The RFA generally defines
the term ``small
[[Page 27510]]
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.
70. Small Businesses, Small Organizations, Small Governmental
Jurisdictions. The Commission's actions, over time, may affect small
entities that are not easily categorized at present. The Commission
therefore describes, 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 34.75 million businesses.
71. 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.
72. 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, the Commission estimates that
at least 48,724 entities fall into the category of ``small governmental
jurisdictions.''
73. Radio Frequency Equipment Manufacturers (RF Manufacturers).
There are several analogous industries with an SBA small business size
standard that are applicable to RF Manufacturers. These industries are
Fixed Microwave Services, Other Communications Equipment Manufacturing,
Radio and Television Broadcasting and Wireless Communications Equipment
Manufacturing. A description of these industries and the SBA small
business size standards are detailed below.
74. Fixed Microwave Services. Fixed microwave services include
common carrier, private-operational fixed, and broadcast auxiliary
radio services. They also include the Upper Microwave Flexible Use
Service (UMFUS), Millimeter Wave Service (70/80/90 GHz), Local
Multipoint Distribution Service (LMDS), the Digital Electronic Message
Service (DEMS), 24 GHz Service, Multiple Address Systems (MAS), and
Multichannel Video Distribution and Data Service (MVDDS), where in some
bands licensees can choose between common carrier and non-common
carrier status. Wireless Telecommunications Carriers (except Satellite)
is the closest industry with an SBA small business size standard
applicable to these services. The SBA small size standard for this
industry classifies a business as small if it has 1,500 or fewer
employees. U.S. Census Bureau data for 2017 show that there were 2,893
firms that operated in this industry for the entire year. Of this
number, 2,837 firms employed fewer than 250 employees. Thus, under the
SBA size standard, the Commission estimates that a majority of fixed
microwave service licensees can be considered small.
75. The Commission's small business size standards with respect to
fixed microwave services involve eligibility for bidding credits and
installment payments in the auction of licenses for the various
frequency bands included in fixed microwave services. When bidding
credits are adopted for the auction of licenses in fixed microwave
services frequency bands, such credits may be available to several
types of small businesses based average gross revenues (small, very
small and entrepreneur) pursuant to the competitive bidding rules
adopted in conjunction with the requirements for the auction and/or as
identified in part 101 of the Commission's rules for the specific fixed
microwave services frequency bands.
76. In frequency bands where licenses were subject to auction, the
Commission notes that as a general matter, the number of winning
bidders that qualify as small businesses at the close of an auction
does not necessarily represent the number of small businesses currently
in service. Further, the Commission does not generally track subsequent
business size unless, in the context of assignments or transfers,
unjust enrichment issues are implicated. Additionally, since the
Commission does not collect data on the number of employees for
licensees providing these services, at this time the Commission is not
able to estimate the number of licensees with active licenses that
would qualify as small under the SBA's small business size standard.
77. Other Communications Equipment Manufacturing. This industry
comprises establishments primarily engaged in manufacturing
communications equipment (except telephone apparatus, and radio and
television broadcast, and wireless communications equipment). Examples
of such manufacturing include fire detection and alarm systems
manufacturing, Intercom systems and equipment manufacturing, and
signals (e.g., highway, pedestrian, railway, traffic) manufacturing.
The SBA small business size standard for this industry classifies firms
having 750 or fewer employees as small. For this industry, U.S. Census
Bureau data for 2017 shows that 321 firms operated for the entire year.
Of that number, 310 firms operated with fewer than 250 employees. Based
on this data, the Commission concludes that the majority of Other
Communications Equipment Manufacturers are small.
78. Radio and Television Broadcasting and Wireless Communications
Equipment Manufacturing. This industry comprises establishments
primarily engaged in manufacturing radio and television broadcast and
wireless communications equipment. Examples of products made by these
establishments are: transmitting and receiving antennas, cable
television equipment, GPS equipment, pagers, cellular phones, mobile
communications equipment, and radio and television studio and
broadcasting equipment. The SBA small business size standard for this
industry classifies firms having 1,250 employees or less as small. U.S.
Census Bureau data for 2017 show that there were 656 firms in this
industry that operated for the entire year. Of this number, 624 had
fewer than 250 employees. Based on
[[Page 27511]]
this data, the Commission concludes that a majority of manufacturers in
this industry are small.
79. BAS Remote Pickup (RPU) Licensees (TV Stations). Only licensees
of broadcast stations, broadcast networks, and cable networks can hold
RPU licenses. BAS involves a variety of transmitters, generally used to
relay broadcast programming to the public (through translator and
booster stations) or within the program distribution chain (from a
remote news gathering unit to the studio or from the studio to the
transmitter). The Commission nor the SBA has developed a small business
size standard for BAS RPU licensees. Television Broadcasting is the
closest industry with a SBA small business size standard for Remote
pickup BAS when used by a TV station. The SBA small business size
standard for this industry classifies a business as small if it has $47
million or less in annual receipts. 2017 U.S. Census Bureau indicates
that 744 firms in this industry operated for the entire year. Of that
number, 657 firms had revenue of less than $25,000,000. Based on this
data the Commission estimates that the majority of firms are small
entities under the SBA size standard.
80. Wireless Telecommunications Carriers (except Satellite). This
industry comprises establishments engaged in operating and maintaining
switching and transmission facilities to provide communications via the
airwaves. Establishments in this industry have spectrum licenses and
provide services using that spectrum, such as cellular services, paging
services, wireless internet access, and wireless video services. The
SBA size standard for this industry classifies a business as small if
it has 1,500 or fewer employees. U.S. Census Bureau data for 2017 show
that there were 2,893 firms in this industry that operated for the
entire year. Of that number, 2,837 firms employed fewer than 250
employees. Additionally, based on Commission data in the 2022 Universal
Service Monitoring Report, as of December 31, 2021, there were 594
providers that reported they were engaged in the provision of wireless
services. Of these providers, the Commission estimates that 511
providers have 1,500 or fewer employees. Consequently, using the SBA's
small business size standard, most of these providers can be considered
small entities.
81. 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
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.
82. 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.
D. Description of Economic Impact and Projected Reporting,
Recordkeeping, and Other Compliance Requirements for Small Entities
83. The RFA directs agencies to describe the economic impact of
proposed rules on small entities, as well as projected reporting,
recordkeeping and other compliance requirements, including an estimate
of the classes of small entities which will be subject to the
requirements and the type of professional skills necessary for
preparation of the report or record.
1. 12.7 GHz Band
84. Elimination of Existing Regulatory Restrictions and Expanded
Use of the 12.7 GHz Band. Opening and expanding use of the 12.7 GHz
band by satellite communications by eliminating or amending the
restrictions of existing Footnotes NG52 and NG57 to the Table of
Allocations; and expanding use of the band by ESIMs via amendment or
expanded application of existing Footnote NG527A, and utilizing for
satellite communications downlink (space-to-Earth direction) operations
in addition to, or as an alternative to, the existing allocation for
satellite communications uplink (Earth-to-space) operations
restrictions should not impose any reporting, recordkeeping, or other
compliance requirements on small and other entities in the satellite
communications industry. Instead, the potential deregulation could have
a positive economic impact on small entities in the satellite
communications industry.
85. Changes to Part 25 Rules and Table of Allocations To Expand the
Use of the 12.7 GHz Band. Part 25 rule changes, and changes to the
Table of Allocations to expand the use of the 12.7 GHz Band by
satellite communications which the Commission seeks comment on include,
lifting the existing freeze on space and earth station applications in
the 12.7 GHz band; changes to the Table of Allocations and its part 25
rules to expand the use of the 12.7 GHz band by satellite
communications such as adding ``Satellite Communications (part 25)'' to
the FCC Rule Part(s) column of the Table of Allocations in the 12.7 GHz
band; and examining whether the existing licensing and operating
provisions of Sec. 25.146 of the Commission's rules, which govern non-
geostationary satellite orbit operations in the 10.7-30 GHz frequency
range, including any applicable equivalent power-flux density levels,
are sufficient to address an increased operations by satellite
communications in the 12.7
[[Page 27512]]
GHz band. In addition, the Commission seeks comment on whether to use
the Commission's existing licensing procedures under part 25 of the
Commission's rules to process any new applications for geostationary or
non-geostationary satellite orbit space stations to operate in the 12.7
GHz band, or whether any changes to the Commission's part 25 rules are
needed for processing new applications. If adopted, there could be an
economic impact for small and other satellite communications entities
who would be required to comply with the licensing, reporting, and
recordkeeping requirements of part 25, either in their existing form or
as changed in this rulemaking.
86. Sharing the 12.7 GHz Band With Existing Non-Federal Users.
Sharing the 12.7 GHz band with existing non-Federal users could
likewise have an economic impact for small and other satellite
communications entities. The document probes sharing the 12.7 GHz band
with existing Non-Federal users inquiring whether expanded use of the
12.7 GHz band by satellite communications necessitates any changes to
the spectrum sharing obligations between satellite communications
operations and non-Federal terrestrial operations, particularly fixed
point-to-point and mobile BAS and CARS. The Commission asks whether the
existing primary allocations for fixed and mobile services in the 12.7
GHz band should be maintained, or whether they should be changed from a
primary to a secondary allocation in the United States, in either the
12.7-12.75 GHz band or the 12.75-13.25 GHz band, in order to reflect
any more intensive use of the band by satellite communications.
87. The Commission also asks whether increasing the use of the 12.7
GHz band by satellite communications requires sunsetting or repacking
of existing non-Federal terrestrial operations in the 12.7 GHz band, or
whether increased use of the band by satellite communications can be
accomplished under existing spectrum sharing obligations without
sunsetting or repacking. Specifically, the Commission asks how might
such repacking of BAS/CARS be accomplished, and how repacking might
impact operations of primary spectrum users in the adjacent 12.2-12.7
GHz band. Additionally, the document seeks comment on whether the
expanded use of the 12.7 GHz band by satellite communications would be
facilitated or accelerated by the deletion or sunsetting of Footnote
NG53 to the Table of Allocations, which reserves sub-bands in the range
of 13.15 GHz to 13.2125 GHz for television pick up and CARS inside a 50
kilometer radius of the top 100 television markets and prohibits non-
geostationary satellite orbit fixed-satellite service gateway stations
from operating in these locations in these sub-bands.
88. If repacking of existing non-Federal terrestrial operations in
the 12.7 GHz is adopted, there could likewise be an economic impact on
small and other satellite communications entities. Certain expenses
will be placed on incumbent terrestrial operators, and the Commission
may establish cost-sharing procedures between incumbent terrestrial
operators and satellite communications operators. This process may
require small entities that are incumbent terrestrial operators in the
band to relocate their operations to different spectrum bands,
potentially requiring reconfiguration or replacement of existing
facilities, and to participate in negotiations to reassign their
spectrum access rights, which would involve additional attendant costs
for both terrestrial and satellite communications operators.
89. Protection of Federal Operations. The document explores how to
continue to protect Federal space research (deep space) operations in
the 12.7 GHz band, and Federal operations in primary allocations for
the EESS (active), ARNS, and space research (active) in the adjacent
13.25-13.4 GHz band from the risk of harmful interference that may
result from increased access by satellite communications in the 12.7
GHz band. Specifically, the Commission seeks comment on a range of ways
to protect Federal operations from interference, including geographic
separation of satellite communications facilities from Federal
facilities, the adoption of coordination requirements on blanket
licensed satellite earth stations, or aggregate emissions limitations
for blanket licensed satellite earth stations.
90. The Commission also seeks comment on whether the TIG set up by
NTIA could be a tool for exchanging electromagnetic compatibility
studies between Federal systems and satellite communications in the
12.7 GHz band. Additionally, the Commission seeks comment on whether
OOBE limits on satellite communications or a buffer between satellite
communications and Federal operations in adjacent bands could ensure
that satellite communications protect Federal operations. If adopted,
the above measures to protect Federal operations could impose
reporting, recordkeeping, and other compliance costs on small and other
satellite communications entities.
2. 42 GHz Band
91. Access to the 42 GHz Band By Satellite Communications. To
inform the Commission's assessment of whether more efficient and
intensive use of this high-band spectrum can be facilitated by allowing
access to the 42 GHz band by satellite communications; and whether
revisiting prior Commission determinations that high-band spectrum,
including the 42 GHz band, has potentially greater value for Upper
Microwave Flexible Use Service, or other terrestrial uses, than for
satellite communications, are among the issues the Commission seeks
comment on in the document. Specifically, the Commission seeks comment
on whether granting access to the 42 GHz band by satellite
communications would allow for most efficient spectrum use by adding an
allocation for satellite communications downlinks (space-to-Earth) on a
primary or secondary basis; and whether the 42 GHz band could be used
for satellite communications uplinks (Earth-to-space) in addition to,
or as an alternative to, satellite communications downlinks (space-to-
Earth).
92. Small and other satellite communications entities could be
required to comply with the licensing, reporting, and recordkeeping
requirements of part 25, either in their existing form, or as changed
as a result of this rulemaking. The document requests input on whether
to license any space stations or earth stations in the 42 GHz band
using its existing part 25 licensing procedures and technical rules; if
any changes to the part 25 rules would be needed to accommodate use of
the 42 GHz band by both geostationary and non-geostationary satellite
orbit space stations; and limiting earth station operations in the 42
GHz band to individually licensed gateway stations, or whether ESIMs,
or other blanket-licensed, non-gateway earth stations could be licensed
in the 42 GHz band.
93. Protection of and Coexistence with Federal Operations in
Adjacent Bands. There are no existing Federal allocations in the 42 GHz
band, but there are primary allocations for Federal and non-Federal
radioastronomy operations in the adjacent 42.5-43.5 GHz band, primary
allocations for Federal operations in the fixed-satellite service
(Earth-to-space), and mobile service (except aeronautical mobile) in
the 42.5-43.5 GHz band that could be at risk of harmful interference if
the Commission grants satellite communications use of the 42 GHz
[[Page 27513]]
band. The document explores protective measures such as limits on the
power flux density of emissions of satellite communications or
geographic separation of satellite communication earth stations from
Federal facilities to prevent harmful interference for primary
allocations in the adjacent 42.5-43.5 GHz band. The document also
explores the 42 GHz band to coexist with Federal satellite
communications uplink (Earth-to-space) operations in the adjacent 42.5-
43.5 GHz band. If adopted, measures to protect Federal operations from
the risk of harmful interference could impose reporting, recordkeeping,
and other compliance costs on small and other satellite communications.
3. 52 GHz Band
94. Access to the 52 GHz Band by Satellite Communications. To
inform the Commission's assessment of whether more efficient and
intensive use of this high-band spectrum can be facilitated by allowing
access to the 52 GHz band by satellite communications, the document
proposes adding an NGSO FSS allocation in the United States. There is
not an existing domestic satellite allocation, but there is an
international allocation for GSO FSS operations. The document seeks
comment on whether use of the proposed allocation should be limited to
NGSO systems. It also seeks comment on how to account for ITU rules for
international satellite operations and on the tradeoffs, if any, of
adopting service rules for this band in the absence of an international
allocation for satellite operations. Small and other satellite
communications entities could be required to comply with the licensing,
reporting, and recordkeeping requirements of part 25, either in their
existing form, or as changed as a result of this rulemaking.
95. Protection of and Coexistence with Operations in the Same and
Adjacent Bands. The 52 GHz band is currently allocated domestically as
a shared Federal/non-Federal band for fixed and mobile services. The
document asks commenters to address current Federal and non-Federal
uses of the band, opportunities for NGSO FSS deployment, and efficient
coexistence measures to best protect incumbent or potential future
services in these, adjacent bands, and the nearby 52.6-54.6 GHz band.
If adopted, measures to protect other operators or services from the
risk of harmful interference could impose reporting, recordkeeping, and
other compliance costs on small and other satellite communications.
4. W-Band
96. Access to the W-Band by Satellite Communications. To inform the
Commission's assessment of whether more efficient and intensive use of
this high-band spectrum can be facilitated by allowing access to the W-
band by satellite communications, the document proposes adding an NGSO
FSS allocation in the United States. It seeks comment on making changes
to the U.S. Table of Allocations to provide allocations for FSS in any
or all of these frequency bands, as well as any changes to the
Commission's part 25 rules to effectuate such changes. It further
invites comment on whether use of the allocation should be limited
individually licensed gateway stations in the Earth-to-space direction,
and on whether to limit use of these spectrum ranges to NGSO systems.
It also seeks comment on how to account for ITU rules for international
satellite operations and on the tradeoffs, if any, of adopting service
rules for this band in the absence of an international allocation for
satellite operations. Small and other satellite communications entities
could be required to comply with the licensing, reporting, and
recordkeeping requirements of part 25, either in their existing form,
or as changed as a result of this rulemaking.
97. Protection of and Coexistence with Operations in the Same and
Adjacent Bands. The W-band frequency ranges have both Federal and non-
Federal allocations. All these bands are subject to Footnote US342 and
RR Article 29, which states that all practicable steps must be taken to
protect the radio astronomy service from harmful interference, and that
emissions from spaceborne or airborne stations can be particularly
serious sources of interference to the radio astronomy service. In
addition, some are subject to Footnote US161, which requires allocated
services within specified distances to be coordinated with specified
radio astronomy observatories. The document seeks comment on mechanisms
and protection criteria that would prevent harmful interference to the
radio astronomy service. It likewise asks commenters to address current
Federal and non-Federal uses of the band, opportunities for NGSO FSS
deployment, and potential coexistence measures to efficiently protect
incumbent services or potential future services in these, or adjacent,
bands, particularly Federal operations. The document also seeks comment
on the parameters of a coexistence analysis and methodologies that may
best inform the likelihood of harmful interference. If adopted,
measures to protect other operators or services from the risk of
harmful interference could impose reporting, recordkeeping, and other
compliance costs on small and other satellite communications.
98. Compliance with any rule changes applicable to the 12.7 GHz, 42
GHz, and 52 GHz bands and W-band that may result in this proceeding may
require small entities to hire attorneys, engineers, consultants, or
other professionals. In particular, for small entities that are not
existing operators, and do not have existing staffing dedicated to
regulatory compliance, engineering and legal matters, hiring
professional experts may be necessary to make the requisite filings,
and to demonstrate compliance. Although the Commission cannot quantify
the cost of compliance with any potential rule changes at this time,
the majority of the changes upon which comment is sought in the
document involves removing restrictions on satellite communications in
the 12.7 GHz band, potentially licensing satellite communications in
the 42 GHz band, and interference avoidance techniques that have been
established for satellite communications in other bands. Small entities
with existing licenses in other bands may already be familiar with such
policies and requirements, and have the processes and procedures in
place to facilitate compliance resulting in minimal incremental costs
to comply if similar requirements are adopted for this band.
Consequently, for both bands, the Commission does not anticipate small
and other satellite communications entities will incur any additional
reporting, recording, or other compliance costs for such rule changes,
if adopted. The Commission expects that the information it receives in
comments and through cost-benefit analyses will help it identify and
evaluate all relevant matters including compliance costs and other
burdens on small entities.
E. Discussion of Significant Alternatives That Minimize the Significant
Economic Impact on Small Entities
99. The RFA directs agencies to provide a description of any
significant alternatives to the proposed rules that would accomplish
the stated objectives of applicable statutes, and minimize any
significant economic impact on small entities. The discussion is
required to include alternatives such as: ``(1) the establishment of
differing compliance or reporting requirements or timetables that take
into account the resources available to small entities; (2) the
clarification, consolidation, or
[[Page 27514]]
simplification of compliance and reporting requirements under the rule
for such small entities; (3) the use of performance rather than design
standards; and (4) an exemption from coverage of the rule, or any part
thereof, for such small entities.''
100. As part of its assessment of whether a more efficient and
intensive use of the 12. GHz band can be accomplished by eliminating
certain regulatory restrictions on the use of the band for satellite
communications, the Commission is considering if there is a continued
need for Footnote NG52 limits on GSO FSS in the 12.7 GHz band (Earth-
to-space) for international systems. This limitation was designed to
protect incumbent BAS, CARS, and fixed microwave operations from a
large number of satellite earth station deployments. The document
requests further comment on whether Footnote NG52 which satellite
operators argue artificially limits FSS deployments in the 12.7 GHz
band, is still needed to protect incumbent BAS, CARS, and fixed
microwave operations in the 12.7 GHz band, or alternatively, if other
means can be implemented to protect incumbent FS and MS operations in
the band that would not unnecessarily restrict access to the band and
realization of the associated economic opportunities small and other
satellite operators could achieve with access to the band. As proposed
by commentors, the document specifically considers, and seeks feedback
on amending the text of Footnote NG52 to remove its applicability to
the 12.7 GHz band in order to efficiently and expeditiously increase
access to the 12.7 GHz portion by satellite communications. Other
alternatives, the Commission considers in the document that could
minimize the economic impact for small satellite communications
entities is whether other changes to Footnote NG52, other footnotes, or
to the part 25 rules or other Commission rule parts, are needed to
eliminate regulatory restrictions that limit the use of the 12.7 GHz
band by satellite communications.
101. Economic impacts from the increased use of the 12.7 GHz band
by satellite communications are most likely to arise from any
sunsetting or repacking of existing terrestrial non-Federal users.
Although the Commission considers and seeks comment on sunsetting or
repacking of existing non-Federal terrestrial operations in the 12.7
GHz band, the Commission also seeks comment on whether increased use of
the band by satellite communications can be accomplished under existing
spectrum sharing obligations without sunsetting or repacking, an
alternative which could avoid, or minimize, economic impacts on small
and other BAS and CARS licensees.
102. In the document, the Commission's request for comment on the
expansion of access to, and use of, the 12.7 GHz, 42 GHz, and 52 GHz
bands and W-band to include satellite communications considers the
feasibility of applying the existing part 25 application and licensing
procedures, and technical rules, or alternatively, whether making rule
modifications--removing or adding rules--are necessary. For example,
the Commission seeks comment on limiting earth station operations in
the 42 GHz band to individually licensed GSO and NGSO FSS gateway
stations, or alternatively, whether ESIMs or other blanket-licensed,
non-gateway earth stations can be licensed in the 42 GHz band. As
discussed, the economic benefit for small and other satellite
communications entities of using existing part 25 rules and processes,
is the likelihood that they will incur minimal incremental costs since
these entities may already have the processes and procedures in place
to facilitate compliance. Further, if the application of certain part
25 are eliminated, small and other satellite communications entities
stand to incur less administrative and potentially other compliance
costs.
103. To assist with the Commission's evaluation of the economic
impact on small entities that may result from the actions and
alternatives that have been discussed in this proceeding, the document
seeks alternative proposals, and requests information on the potential
costs of such alternatives to small and other licensees. The Commission
expects to consider more fully the economic impact on small entities
following its review of comments filed in response to the document,
including costs and benefits information. Alternative proposals and
approaches from commenters could also help the Commission further
minimize the economic impact on small entities. The Commission's
evaluation of the comments filed in this proceeding will shape the
final conclusions it reaches, the final alternatives it considers, and
the actions it ultimately takes in this proceeding to minimize any
significant economic impact that may occur on small entities from the
final rules that are ultimately adopted.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
104. None.
V. Ordering Clauses
105. Accordingly, it is ordered, pursuant to sections 1, 2, 4, 301,
302, 303, 304, 307, 309, and 310 of the Communications Act of 1934, 47
U.S.C. 151, 152, 154, 301, 302a, 303, 304, 307, and section 1.411 of
the Commission's rules, 47 CFR 1.411, that the Further Notice of
Proposed Rulemaking and Notice of Proposed Rulemaking are hereby
adopted.
106. It is further ordered that the Commission's Office of the
Secretary, shall send a copy of the Further Notice of Proposed
Rulemaking and Notice of Proposed Rulemaking, including the Initial
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of
the Small Business Administration.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
[FR Doc. 2025-11966 Filed 6-26-25; 8:45 am]
BILLING CODE 6712-01-P