44772 Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations

List of Subjects certification in both the sanitized and The address to send all trade secrecy unsanitized versions of the claims is posted on the following EPA 40 CFR Part 350 substantiation must bear an original Program websites, http://www.epa.gov/ Environmental protection, signature. epcra and http://www.epa.gov/tri/rfi. Confidential business information, (d) * * * This information can also be obtained Reporting and recordkeeping (2) An owner, operator, or senior by contacting the EPCRA, RMP & Oil requirements. official with management responsibility Information Center at (800) 424–9346 or shall sign the certification stating that 40 CFR Part 355 (703) 348–5070, or https:// those portions of the substantiation www.epa.gov/epcra/forms/contact-us- Environmental protection, Reporting claimed as confidential would, if about-emergency-planning-and- and recordkeeping requirements. disclosed, reveal the chemical identity community-right-know-act-epcra. being claimed as a trade secret, or Dated: July 7, 2020. * * * * * Peter Wright, would reveal other confidential business or trade secret information. Assistant Administrator, Office of Land and PART 355—EMERGENCY PLANNING Emergency Management. This certification is combined on the AND NOTIFICATION substantiation form found on EPA For the reasons stated in the program websites, http://www.epa.gov/ ■ 5. The authority citation for Part 355 preamble, title 40, chapter I of the Code epcra and http://www.epa.gov/tri/rfi, continues to read as follows: of Federal Regulations is amended as with the certification described in follows: Authority: Sections 302, 303, 304, 325, paragraph (c) of this section. 327, 328, and 329 of the Emergency Planning PART 350—TRADE SECRECY CLAIMS * * * * * and Community Right-to-know Act of 1986 FOR EMERGENCY PLANNING AND ■ 3. Revise § 350.16 to read as follows: (EPCRA) (42 U.S.C. 11002, 11003, 11004, 11045, 11047, 11048, and 11049). COMMUNITY RIGHT-TO-KNOW § 350.16 Address to send trade secrecy ■ 7. Amend the Note to § 355.41 to read INFORMATION: AND TRADE SECRET claims and petitions requesting disclosure. as follows: DISCLOSURES TO HEALTH The address and location to send all PROFESSIONALS claims of trade secrecy under sections § 355.41 In what format should the information be submitted? ■ 1. The authority citation for Part 350 303(d)(2) and (d)(3), 311, 312, and 313 continues to read as follows: of Title III and all public petitions * * * * * requesting disclosure of chemical Note 1 to § 355.41: The SERC and LEPC Authority: 42 U.S.C. 11042, 11043, and identities claimed as trade secret are 11048 Pub. L. 99–499, 100 Stat. 1747. may request a specific format for this posted on the following EPA program information. ■ 2. Amend § 350.7 by revising websites, http://www.epa.gov/epcra and paragraphs (a) introductory text, (b), (c) http://www.epa.gov/tri/rfi. Any [FR Doc. 2020–15139 Filed 7–23–20; 8:45 am] and (d)(2) to read as follows: subsequent changes to the address and BILLING CODE 6560–50–P location will be announced in Federal § 350.7 Substantiating claims of trade secrecy. Register Notices as these changes occur. Also, the changes will be posted on FEDERAL COMMUNICATIONS (a) Claims of trade secrecy must be these websites. Submitters may also COMMISSION substantiated by providing a specific contact the EPCRA, RMP & Oil answer including, where applicable, 47 CFR Parts 2 and 25 Information Center at (800) 424–9346 or specific facts, to each of the following (703) 348–5070, https://www.epa.gov/ [IB Docket Nos. 17–95, 18–315; FCC 20– questions with submission to which the epcra/forms/contact-us-about- 66; FRS 16866] trade secrecy claim pertains. Submitters emergency-planning-and-community- must answer these questions on the right-know-act-epcra to obtain this Earth Stations in Motion form entitled ‘‘Substantiation to information. Accompany Claims of Trade Secrecy.’’ AGENCY: Federal Communications ■ The form and instructions are posted on 4. Amend § 350.27 by revising Commission. the EPA program websites, http:// paragraph (a) and removing and ACTION: Final rule. www.epa.gov/epcra and http:// reserving paragraph (b), including the SUMMARY: In this document, the Federal www.epa.gov/tri/rfi. form and instructions to the form, to read as follows: Communications Commission * * * * * (Commission) amends its rules to (b) The answers to the substantiation § 350.27 Substantiation form to facilitate the deployment of earth questions listed in paragraph (a) of this accompany claims of trade secrecy, stations in motion (ESIMs) instructions to substantiation form. section are to be submitted on the form communicating with geostationary entitled ‘‘Substantiation to Accompany (a) The substantiation form to (GSO) and non-geostationary orbit Claims of Trade Secrecy’’ and included accompany claims of trade secrecy must (NGSO) fixed-satellite service (FSS) with a submitter’s trade secret claim. be completed and submitted as required satellite systems. The form is posted on the EPA program in § 350.7(a). The form and instructions DATES: This rule is effective: July 24, are posted on the Emergency Planning websites, http://www.epa.gov/epcra and 2020. http://www.epa.gov/tri/rfi, and Community Right-to-Know Act (c) An owner, operator, or senior (EPCRA) website, http://www.epa.gov/ FOR FURTHER INFORMATION CONTACT: official with management responsibility epcra and the Toxics Release Inventory Cindy Spiers, 202–418–1593. shall sign the certification at the end of Program Division website, http:// SUPPLEMENTARY INFORMATION: This is a the form entitled ‘‘Substantiation to www.epa.gov/tri/rfi. Submitters may summary of the Commission’s Report Accompany Claims of Trade Secrecy,’’ also contact the National Service Center and Order, IB Docket Nos. 17–95 and which is posted on the EPA program for Environmental Publications (NSCEP) 18–315, FCC 20–66, adopted on May 13, websites, http://www.epa.gov/epcra and at (800) 490–9198 or https:// 2020, and released on May 14, 2020. http://www.epa.gov/tri/rfi. The www.epa.gov/nscep to obtain the form. The full text of this document is

VerDate Sep<11>2014 16:42 Jul 23, 2020 Jkt 250001 PO 00000 Frm 00088 Fmt 4700 Sfmt 4700 E:\FR\FM\24JYR1.SGM 24JYR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations 44773

available at https://docs.fcc.gov/public/ regulatory equity between GSO and Intelsat note that expanding the attachments/FCC-20-66A1.pdf. The full NGSO FSS systems. frequencies available for GSO ESIM text of this document is also available networks will allow more intensive Report and Order for inspection and copying during spectrum use and is fully consistent business hours in the FCC Reference Because of the interrelated nature of with other authorized operations in Information Center, Portals II, 445 12th the two proceedings, we address both these frequency bands.5 Street SW, Room CY–A257, proceedings in here. In the discussion We agree that, for the reasons stated Washington, DC 20554. To request below, we first address the addition of by commenters, the public interest is materials in accessible formats for frequency bands in which ESIMs can served by the addition of frequency people with disabilities, send an email communicate with GSO FSS satellites. bands in which ESIMs are allowed to to [email protected] or call the Consumer Specifically, we adopt our proposal to communicate with GSO FSS satellites. & Governmental Affairs Bureau at 202– allow ESIMs to operate in all of the We address the individual frequency 418–0530 (voice), 202–418–0432 (TTY). frequency bands in which earth stations bands in turn below. We then address at fixed locations operating with GSO general issues that are not specific to Paperwork Reduction Act FSS satellite networks can be blanket- any particular frequency band. licensed, and to allow ESIMs to receive This document does not contain new The Extended Ku-Band or modified information collection signals from GSO FSS satellite space requirements subject to the Paperwork stations in the Ka-band, with some The Commission sought comment on Reduction Act of 1995 (PRA), Public restrictions. We then address the issues expanding the Ku-band frequency Law 104–13. In addition, therefore, it raised in the NGSO ESIMs NPRM, and ranges in which ESIMs can be adopt a regulatory framework for ESIMs authorized to receive transmissions does not contain any new or modified 6 information collection burden for small communications with NGSO FSS from GSO FSS satellites to include the systems that is analogous to that which 10.7–10.95 GHz and 11.2–11.45 GHz business concerns with fewer than 25 7 employees, pursuant to the Small currently exists for ESIMs bands. These frequency bands are Business Paperwork Relief Act of 2002, communicating with GSO FSS systems, allocated on a co-primary basis to the Public Law 107–198, see 44 U.S.C. with the exception of the frequency fixed service and FSS (space-to-Earth), 3506(c)(4). bands 18.6–18.8 GHz, 28.35–28.4 GHz, but GSO FSS use of both bands is and 29.25–29.5 GHz. We also extend limited to international systems (that is, Synopsis blanket earth station licensing to ESIMs to communications that do not originate communicating with NGSO FSS and terminate within the United In this Second Report and Order in IB 8 Docket No. 17–95 and Report and Order systems. We defer consideration of our States). The Commission noted, in IB Docket No. 18–315 (Report and proposal to allow ESIMs to operate in however, that in the 10.95–11.2 GHz (space-to-Earth) and 11.45–11.7 GHz Order) and Further Notice of Proposed the 28.35–28.4 GHz band while we (space-to-Earth) bands, communications Rulemaking (Further Notice), the study the potential interference from of ESIMs with GSO satellites is allowed Commission continues to facilitate the out-of-band emissions of ESIMs into the subject to the condition that these earth deployment of, and reduce the adjacent 27.5–28.35 GHz band. stations may not claim protection from regulatory burdens on, Earth Stations in ESIMs Communications With GSO transmissions of non-Federal fixed Motion (ESIMs).1 First, we allow ESIMs Satellites in Additional Frequency service stations.9 The Commission to communicate in additional frequency Bands (IB Docket No. 17–95) requested comment on whether bands with geostationary-satellite orbit In the GSO ESIMs FNPRM, the communications in the 10.7–10.95 GHz (GSO) satellites operating in bands Commission sought comment on and 11.2–11.45 GHz (space-to-Earth) allocated to the fixed-satellite service allowing ESIMs to operate in all of the bands could also be allowed on an (FSS). Second, we adopt rules for ESIMs frequency bands in which earth stations unprotected basis with respect to other to communicate with non-geostationary at fixed locations operating in GSO FSS services.10 orbit (NGSO) satellites in specific satellite networks can be blanket- Satellite operators overwhelmingly frequency bands allocated to the FSS. licensed. The Commission believed in support allowing ESIMs to receive Finally, we seek to further develop the this situation operation of earth stations transmissions from GSO FSS satellites record regarding potential interference in motion should not introduce a on an unprotected basis in these from out-of-band emissions of ESIMs in material change to the interference bands.11 Commenters state that, because the 28.35–28.6 GHz band into the environment created or to the protection adjacent 27.5–28.35 GHz band used by required.2 Many commenters support 5 SES, O3b and Intelsat FNPRM Reply Comments Upper Microwave Flexible Use Service these changes and no commenters at 1–2. (UMFUS). These actions will promote opposed.3 Boeing points out that among 6 See 47 CFR 2.106, NG527A. innovative and flexible use of satellite 7 See GSO ESIMs FNPRM, 33 FCC Rcd at 9354, other benefits, the use of many of these para. 90. As we noted in the FNPRM, the technology, as well as provide frequencies by ESIMs will help to align Commission’s part 25 rules currently allow for the FSS frequencies that are available blanket licensing in the 10.7–10.95 GHz, 11.2–11.45 1 The term ‘‘ESIMs’’ is the collective designation for use by ESIMs in different regions of GHz, and 17.8–18.3 GHz (space-to-Earth) on an unprotected basis with respect to the fixed service. for three types of earth stations that the Commission the world, and that this alignment is authorizes to transmit while in motion: Earth 8 47 CFR 2.106, NG52 (‘‘Except as provided for by Stations on Vessels (ESVs), Vehicle-Mounted Earth important because many ESIMs— NG527A, use of the bands 10.7–11.7 GHz (space-to- Stations (VMESs), and Earth Stations Aboard including those on airplanes and Earth) and 12.75–13.25 GHz (Earth-to-space) by Aircraft (ESAAs) to communicate with space ships—do not limit their operations to geostationary satellites in the [FSS] shall be limited stations using frequencies allocated to the fixed single continents.4 SES, O3b, and to international systems, i.e., other than domestic satellite service. Broadly stated, Earth Stations on systems.’’). Vessels refers to earth stations that communicate 9 47 CFR 2.106, NG527A. See also GSO ESIMs with a satellite while located on maritime vessels 2 GSO ESIMs FNPRM, 33 FCC Rcd at 9358, para. FNPRM, 33 FCC Rcd at 9340, para. 44. such as boats, cargo ships or cruise ships, whereas 91. 10 GSO ESIMs FNPRM, 33 FCC Rcd at 9355, para. Vehicle-Mounted Earth Stations and Earth Stations 3 See, e.g., Boeing FNPRM Comments at 1; 91. Aboard Aircraft refer to earth stations that Hughes FNPRM Comments at 2; Inmarsat FNPRM 11 See, e.g., Boeing FNPRM Comments at 2–3; communicate with satellites while located on land- Comments at 2. Hughes FNPRM Comments at 2–3; SES FNPRM based vehicles or aircraft, respectively. 4 See Boeing FNPRM Comments at 3. Continued

VerDate Sep<11>2014 16:42 Jul 23, 2020 Jkt 250001 PO 00000 Frm 00089 Fmt 4700 Sfmt 4700 E:\FR\FM\24JYR1.SGM 24JYR1 jbell on DSKJLSW7X2PROD with RULES 44774 Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations

ESIMs operations are receive-only in the requires operators to protect radio Satellite operators therefore state that 10.7–10.95 GHz and 11.2–11.45 GHz astronomy service from satellite ESIMs can co-exist with terrestrial fixed bands, allowing ESIMs to operate in downlinks emissions into the 10.68– service operations in these bands.26 these frequency bands does ‘‘not 10.70 GHz portion of the band.19 Commenters also point out that the increase the potential for harmful Footnotes to the U.S. Table already authorization of ESIMs to receive interference’’ to other spectrum users.12 provide such protections,20 and satellite signals from GSO networks in the 17.8– In addition, they state that because licenses and grants of U.S. market 18.3 GHz band will help to align the ESIMs operate on mobile platforms (that access are issued by the Commission frequencies available to ESIMs in the is, in aeronautical, maritime and land- subject to such footnotes. Accordingly, United States with those that are mobility applications) and often far no additional action is necessary. available in the rest of the world.27 In from other co-frequency systems and addition, ESIMs communications with services (for example, aircraft in flight The Ka-Band GSO FSS satellites in these bands will or vessels in international waters), there The Commission sought comment on be required to be coordinated with is no need to protect ESIMs reception in allowing ESIMs to receive signals from Federal FSS systems pursuant to the these bands.13 Commenters also assert GSO FSS satellites on a secondary basis U.S. Table.28 No commenters disagree that access to additional ESIM receive in the 17.8–18.3 GHz (space-to-Earth) with allowing ESIMs to receive signals spectrum would enhance flexibility, band and on a primary basis in the from GSO FSS satellites in these bands. data rates, and aggregate capacity for 19.3–19.4 GHz (space-to-Earth) and We proposed allowing ESIMs to ESIM operators and consumers.14 19.6–19.7 GHz (space-to-Earth) bands.21 receive signals from GSO FSS satellites Based on the record, including the The Commission also requested in the 17.8–18.3 GHz (space-to-Earth) lack of opposition to this proposal, we comment on whether to allow ESIMs to band on a secondary basis. FSS is will allow communications from GSO communicate with GSO FSS satellites in allocated in the space-to-Earth direction FSS satellites to ESIMs in the 10.7– the 18.8–19.3 GHz (space-to-Earth) and on a secondary basis to the fixed service 10.95 GHz and 11.2–11.45 GHz (space- 28.6–29.1 GHz (Earth-to-space) bands on in the 17.8–18.3 GHz band and no to-Earth) bands on an unprotected basis an unprotected, non-interference basis parties objected to our proposal. Thus, vis-a`-vis fixed service stations. We agree with respect to NGSO FSS satellite we add NG527A(d) in the U.S. Table of that ESIMs can receive transmissions systems.22 It sought comment on any Allocations to allow ESIMs to receive from GSO FSS satellites in the 10.7– possible effects these proposals may signals from GSO FSS satellites in the 10.95 GHz and 11.2–11.45 GHz bands have on existing or future services in 17.8–18.3 GHz (space-to-Earth) band on without requiring protection from fixed these frequency bands or adjacent a secondary basis. service stations that have primary status frequency bands and on any necessary Further, we proposed allowing ESIMs in these bands.15 The Fixed Wireless changes to our rules that may be to receive signals from GSO FSS Communications Coalition (FWCC) asks appropriate to accommodate them.23 satellites in the 19.3–19.4 GHz (space- the Commission to clarify that fixed We address each of these frequency to-Earth) and 19.6–19.7 GHz (space-to- service will not be required to protect bands in turn below. Specifically, we Earth) bands on a co-primary basis with ESIMs in the 10.7–10.95 GHz and 11.2– will allow ESIMs to receive signals from fixed service and Federal FSS. However, 11.45 GHz (space-to-Earth) bands from GSO FSS space stations on a secondary given the difficulties with coordinating 16 interference. We so clarify. basis in the 17.8–18.3 GHz band and on ESIM operations with terrestrial Accordingly, we amend footnote stations, we conclude here, as proposed a primary basis in the 19.3–19.4 and 29 NG527A to include 10.7–10.95 GHz and 19.6–19.7 GHz band. We will also allow by FWCC, that in the 19.3–19.4 GHz 11.2–11.45 GHz (space-to-Earth) in the ESIMs to operate with GSO FSS satellite (space-to-Earth) and 19.6–19.7 GHz frequency bands in which ESIMs may networks in the 18.8–19.3 GHz (space- (space-to-Earth) bands, ESIMs should be be authorized to communicate with to-Earth) and 28.6–29.1 GHz (Earth-to- allowed to operate on an unprotected GSO satellites, subject to the condition space) bands on an unprotected, non- basis with regard to fixed service and that ESIMs may not claim protection interference basis with respect to NGSO Federal FSS. Allowing such ESIM from transmissions of non-Federal fixed FSS satellite systems. operations will not change the existing 17 service stations. In addition, CORF 17.8–18.3 GHz, 19.3–19.4 GHz, and interference environment in these notes that radio astronomers make 19.6–19.7 GHz.—Commenters observe bands. FSS is already allocated in the important observations in the 10.6–10.7 that satellite space-to-Earth space-to-Earth direction on a co-primary 18 GHz band, and that the U.S. Table transmissions in the 17.8–18.3 GHz, basis with fixed service in the 19.3–19.4 19.3–19.4 GHz, and 19.6–19.7 GHz GHz and 19.6–19.7 GHz bands subject to Comments at 1–2; Viasat FNPRM Comments at 1, power flux density limits designed to 3. bands are already subject to power flux 12 Panasonic FNPRM Comments at 2; see also density limits designed to protect 24 density limits on satellite downlink Boeing FNPRM Comments at 3. terrestrial systems, and reception of communications that are maintained by the ITU to 13 Id. satellite signals by ESIMs has no effect protect primary terrestrial uses of the 17.7–18.3 14 Panasonic FNPRM Comments at 2; see also on these power flux density levels set GHz frequencies). Boeing FNPRM Comments at 3; SES FNPRM forth in the Commission’s rules.25 26 SES FNPRM Comments at 2; Inmarsat FNPRM Comments at 2; Viasat FNPRM Comments at 3–4. Comments at 2–3; Viasat FNPRM Comments at 3– 15 GSO FSS downlink transmissions are already 4. See also Boeing FNPRM Comments at 4–5 19 permitted in these frequency bands, subject to CORF FNPRM Comments at 7. (stating that ESIMs experiencing interference can power flux density limit designed to protect fixed 20 See, e.g., 47 CFR 2.106, US211 and US246. either shift to a different receiving frequency or can service stations from unacceptable interference. See 21 GSO ESIMs FNPRM, 33 FCC Rcd at 9355, para. move to a new location where the interference does International Telecommunication Union (ITU) 91. not exist; further, given the relatively high speeds Article 21. 22 Id. in which many ESIMs will be in motion, any 16 FWCC FNPRM Comments at 1–2. 23 Id. unacceptable interference received from fixed 17 See Appendix B, 47 CFR 2.106, NG572A(a). 24 47 CFR 25.208(c). service transmitters will only be momentary in 18 Although on page 7 of its FNPRM Comments 25 SES FNPRM Reply Comments at 2; see also duration and likely result in no detectible CORF mentions 10.6–11.7 GHz, it is clear from the Boeing FNPRM Comments at 3 (stating that the interference to the ESIM end user’s services). context that their intention was to reference the existence of ESIMs in these frequencies will not 27 Boeing FNPRM Comments at 4. 10.6–10.7 GHz band which has a primary allocation interfere with fixed service networks because they 28 47 CFR 2.106, US334. to the Radio Astronomy Services. 47 CFR 2.106. will continue to be protected by the power flux 29 See FWCC Comments at 1, 3.

VerDate Sep<11>2014 16:42 Jul 23, 2020 Jkt 250001 PO 00000 Frm 00090 Fmt 4700 Sfmt 4700 E:\FR\FM\24JYR1.SGM 24JYR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations 44775

protect terrestrial systems. Accordingly, GSO space stations, GSO space station showing in good faith to determine its we revise NG527A(a) in the U.S. Table operators will need to take into account acceptability. of Allocations to allow ESIMs to receive the presence of a beam through which Accordingly, we will allow ESIMs to signals from GSO FSS satellites in the an earth station is receiving co- communicate with GSO FSS satellites in 19.3–19.4 GHz (space-to-Earth), and frequency signals from an NGSO space the 18.8–19.3 GHz (space-to-Earth) and 19.6–19.7 GHz (space-to-Earth) bands on stations. Such co-existence will 28.6–29.1 GHz (Earth-to-space) bands on an unprotected basis. necessitate a high degree of an unprotected, non-interference basis 18.8–19.3 GHz and 28.6–29.1 GHz.— coordination between the GSO and with respect to NGSO FSS satellite The record supports a finding that NGSO systems to ensure interference systems.38 Both these bands are allowing ESIMs to communicate with does not result to NGSO FSS operations allocated to FSS on a primary basis, but GSO FSS satellites in the 18.8–19.3 GHz and, when authorizing ESIMs to GSO FSS operations are conducted on (space-to-Earth) and 28.6–29.1 GHz communicate with GSO FSS satellites in an unprotected, non-interference basis (Earth-to-space) bands serves the public these bands, the secondary nature of with respect to NGSO FSS.39 We find interest. Viasat asserts that such a such communications will need to be that the record supports allowing ESIMs change can expedite consumer access to fully taken into account.34 to communicate with GSO FSS satellites mobile applications of satellite We agree with Boeing that the priority in these bands, consistent with the broadband services technologies.30 of NGSO FSS systems in these existing status of GSO FSS vis-a`-vis Boeing believes that ESIMs frequencies is critical to their growth NGSO FSS. communicating with GSO and NGSO and operation.35 As explained by General Issues satellites in these bands could Telesat, the demand for ‘‘mobile complement each other by providing aeronautical, maritime and land services The Commission sought comment on very robust coverage and throughput to is one of the key drivers of the any possible effects that expanding the end users using a combination of NGSO burgeoning NGSO demand for this frequencies available to ESIMs and GSO satellites.31 spectrum.’’ 36 While recognizing that it communicating with GSO FSS satellite We find that it is possible with a high would be inequitable to alter the networks may have on other services in degree of coordination among operators regulatory status between NGSO and these frequency bands or adjacent for ESIMs to communicate with GSO GSO FSS systems in the 18.8–19.3 GHz frequency bands in the United States.40 FSS satellites in the 18.8–19.3 GHz (space-to-Earth) and 28.6–29.1 GHz National Academy of Sciences’ (space-to-Earth) and 28.6–29.1 GHz (Earth-to-space) frequency bands, Committee on Radio Frequencies (Earth-to-space) bands without causing allowing communications between (CORF) expresses concern about other interference to NGSO FSS systems. ESIMs and GSO FSS satellites in these services and adjacent bands.41 In Inmarsat, for example, states that frequency bands on an unprotected, addition, Boeing proposes that ‘‘[t]echniques for managing interference non-interference basis with respect to consideration be given to opening the between FSS systems are well NGSO FSS satellite systems leads to 19.4–19.6 GHz band to both GSO and understood’’ and the ‘‘introduction of more efficient use of spectrum without NGSO FSS systems, including those 42 ESIMs into FSS spectrum does not imposing a burden on NGSO FSS operating with ESIMs. materially change these interference operations in this band.37 The GSO CORF expresses concerns regarding scenarios.’’ 32 ViaSat concurs, asserting system, operating on a non-interference, potential interference to protected that ‘‘[i]t is well-established that ESIMs non-protected basis, is expected to passive scientific observations caused can perform within the same technical show, to the NGSO system satisfaction, by GSO FSS downlink transmissions to ESIMs.43 Specifically, CORF is envelope as fixed earth stations through that it is capable of protecting the concerned that the reception of GSO highly accurate antenna pointing NGSO’s operation. The only burden on FSS satellite signals by ESIMs in the mechanisms and compliance with the NGSO system is to examine the GSO appropriate power limits’’ and 10.7–10.95 GHz, 17.8–18.3 GHz, 18.8– 19.3 GHz (space-to-Earth), and 19.6– ‘‘[t]herefore, in the 18.8–19.3 GHz and 34 The Commission has been requiring that, in 28.6–29.1 GHz (Earth-to-space) bands, these bands, GSO operations with fixed earth 19.7 GHz (space-to-Earth) bands, which, where the Commission has determined stations must accept interference from and not CORF asserts, could result in additional cause harmful interference to NGSO operations. that the GSO FSS successfully can interference to Earth exploration- See, e.g. Satellite Policy Branch Information Action satellite service systems and radio operate on a secondary basis to the Taken, Report No. 01258 (IBFS File No. SAT–LOA– NGSO FSS, adding ESIMs would not 20160624–00061) Aug. 4, 2017, Jupiter 2 Grant at astronomy service operating in adjacent change this conclusion.’’ 33 condition 5. A similar condition would be imposed frequencies. CORF advocates for more We agree with these commenters that on ESIMs operations. Operations with ESIMs are no stringent out-of-band emissions limits different, as ESIMs are supposed to operate as a for GSO FSS satellite signals that would it is technically feasible for ESIMs to fixed earth station that can be anywhere within the communicate with GSO FSS space satellite beam. be received by ESIMs using the 10.7– stations in these bands without causing 35 Boeing FNPRM Reply Comments at 5. 36 Telesat FNPRM Reply Comment at 3. 38 See Appendix B (where a reference to footnote interference to NGSO FSS systems NG527A has been added to the 18.8–19.3 GHz band provided the operators coordinate their 37 Boeing FNPRM Comments at 6–8 (asking the Commission to be diligent in ensuring the in the non-Federal Table and where the text of footnote NG527A has been revised accordingly). operations. GSO earth stations subordinate status of GSO FSS networks vis-a`-vis 39 transmitting to a GSO space station NGSO FSS operations); SES FNPRM Comments at 47 CFR 2.106, NG165 (stating, ‘‘In the bands 2 (stating that SES supports allowing GSO ESIM use 18.8–19.3 GHz and 28.6–29.1 GHz, geostationary- would have to stop transmissions satellite networks in the fixed-satellite service shall whenever an NGSO space station using of these frequency bands, provided that the Commission adopts its proposal to specify that GSO not cause harmful interference to, or claim the same frequency band is within the operations in the band segments are ‘‘on an protection from, non-geostationary-satellite systems earth station transmitting beam. unprotected, non-interference basis with respect to in the fixed-satellite service.’’). 40 Similarly, during transmissions from NGSO FSS satellite systems’’ to ensure NGSO use ESIMs GSO FSS FNPRM, 32 FCC Rcd at 9354, of these critical frequencies is not impaired). As para. 90. discussed below, we reject Echostar’s proposal to 41 See generally CORF FNPRM Comments. The 30 Viasat FNPRM Comments at 2. give equal status to ESIMs operating with GSO and FWCC’s concerns were previously addressed in the 31 Boeing FNPRM Reply Comments at 4. NGSO space stations as this would contradict the discussion on the individual frequency bands. 32 Inmarsat FNPRM Comments at 3. secondary designation of GSO systems in these 42 Boeing FNPRM Reply Comments. 33 Viasat FNPRM Comments at 3. bands. See infra paras. 32–33. 43 See generally CORF FNPRM Comments.

VerDate Sep<11>2014 16:42 Jul 23, 2020 Jkt 250001 PO 00000 Frm 00091 Fmt 4700 Sfmt 4700 E:\FR\FM\24JYR1.SGM 24JYR1 jbell on DSKJLSW7X2PROD with RULES 44776 Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations

10.95 GHz band.44 CORF also suggests The Commission has previously conventional Ku-band, extended Ku- that the Commission prohibit the concurred with this need,53 and no band, and Ka-band frequencies that reception of satellite signals by ESIMs in further action is appropriate because the were allowed or proposed for the bottom 25 megahertz portion of the 18.6–18.8 GHz band is not one of the communications of ESIMs with GSO 10.7–10.95 GHz band in order to create additional frequency bands included in FSS satellites.60 Second, the a guard band to further protect scientific this proceeding.54 Commission sought comment on monitoring by Earth exploration- Boeing proposes to open the 19.4– extending blanket earth station satellite service systems.45 19.6 GHz band to both GSO and NGSO licensing, which is available to ESIMs We decline to adopt new limits on FSS systems, including those operating communicating with GSO FSS satellites, out-of-band emissions or prohibitions with ESIMs, on a secondary basis with to ESIMs communicating with NGSO on GSO FSS downlink use in this respect to feeder links to NGSO MSS FSS satellites in frequency bands in proceeding. References to ESIMs space stations operating in these which NGSO FSS systems have a communications with GSO FSS frequencies.55 Boeing argues that GSO primary status, or have been found to be satellites as ‘‘ESIM downlinks’’ are and NGSO FSS systems are already able to operate on a secondary or non- inaccurate, and concerns regarding the permitted to operate below 19.4 GHz conforming basis, without causing difficulty of addressing interference and above 19.6 GHz, so the reception of interference to primary users of the from ‘‘moving targets’’ are misplaced, these transmissions by ESIMs will not bands.61 Finally, the Commission because the only transmissions in the alter the spectrum sharing conditions.56 sought comment on revisions to specific frequency ranges discussed by CORF We disagree. As Iridium accurately rule provisions to implement these will be from GSO satellites, not from notes, the Ka-band plan and U.S. Table changes.62 ESIM terminals.46 Accordingly, CORF of Frequency Allocations prohibit any As a general matter, we conclude that concerns are not with ESIMs, which earth station—fixed, in motion, the public interest is served by adopting solely receive in the frequency bands individually-licensed, or blanket- a regulatory framework for that CORF identified as being of licensed—from communicating with an communications of ESIMs with NGSO concern, but rather with the space-to- FSS space station in this frequency FSS satellites that is analogous to that Earth transmissions of GSO FSS band.57 Further, Iridium points out that which exists for ESIMs communicating satellites, which are not the subject of this proposal is beyond the scope of the with GSO FSS satellites and offers a this rulemaking. In this respect, we note current rulemaking.58 We agree with similar streamlined path to deployment. that the Commission’s rules already Iridium, and find that this proceeding is Given the growing number of NGSO impose specific limits on out of band not the appropriate forum to address FSS entities that propose to provide emissions in the frequency bands and Boeing’s proposal. service to earth stations at fixed 63 47 locations as well as to ESIMs, it is services at issue here. Possible Regulatory Framework for important to have streamlined rules in revisions to these limits are the subject Communications of ESIMs With NGSO place for NGSO ESIMs operations, both of a separate rulemaking.48 In addition, Satellites (IB Docket No. 18–315) as mentioned above, protection of radio for parity among ESIM operators and In the ESIMs NGSO NPRM, the astronomy service observations is also regulatory certainty for potential Commission sought comment on 64 ensured through specific footnotes to operators. Doing so will facilitate the allowing ESIMs to communicate with the U.S. Table of Allocations.49 spread of accessible, broadband NGSO FSS satellites in the 11.7–12.2 Additionally, CORF expresses GHz (space-to-Earth); 14.0–14.5 GHz 60 concern about the use of the 18.6–18.8 NGSO ESIMs NPRM, 33 FCC Rcd at 11418–19, (Earth-to-space); 18.3–18.6 GHz (space- para. 7; ESIMs Report and Order and Further GHz (space-to-Earth) band, which was to-Earth); 19.7–20.2 GHz (space-to- Notice, 32 FCC Rcd at Appendix F (proposing not proposed as an additional frequency frequencies available for ESIMs in a revision to Earth); 28.35–28.6 GHz (Earth-to-space); band for communications of ESIMs with § 25.202(a)(10)). and 29.5–30.0 GHz (Earth-to-space) 61 NGSO FSS satellites.50 This band is NGSO ESIMs NPRM, 33 FCC Rcd at 11420, bands, as well as the 18.8–19.3 GHz para. 15. allocated for passive scientific (space-to-Earth), and the 28.6–29.1 GHz 62 The Commission did not seek comment on, and observation use on a co-primary basis (Earth-to-space) bands, the 10.7–11.7 we do not address here, the operations of traditional NGSO satellite constellations offering mobile- with GSO FSS in the space-to-Earth GHz (space-to-Earth) bands, the 17.8– direction, with GSO FSS downlinks satellite service (MSS), such as those operated by 18.3 GHz (space-to-Earth) band, and the Iridium LLC, Globalstar, Inc., or ORBCOMM subject to power flux density limits 19.3–19.4 GHz and 19.6–19.7 GHz License Corp. designed to protect other authorized (space-to-Earth) bands, 59 which 63 During the preceding years, licenses or grants 51 of U.S. market access have been given to a number spectrum users. Specifically, CORF encompass most of the same states that any new use by ESIMs in of NGSO FSS satellite providers. See, e.g., O3b Limited, Request for Modification of U.S. Market these frequency bands should be 53 GSO ESIMs Report & Order and FNPRM, 33 Access for O3b Limited’s Non-Geostationary mindful of the need to preserve the FCC Rcd at 9347–48, para. 63. Satellite Orbit System in the Fixed-Satellite Service extensive existing scientific use of the 54 We note that GSO FSS space-to-Earth and in the Mobile-Satellite Service, Order and 18.6–18.8 GHz (space-to-Earth) band.52 operations are already subject to prior coordination Declaratory Ruling, 33 FCC Rcd. 5508 (2018); Space with Federal users in this band pursuant to footnote Exploration Holdings, LLC, Application for US334 to the U.S. Table. 47 CFR 2.106, US334. Approval for Orbital Deployment and Operating 44 CORF FNPRM Comments at 8. Authority for the SpaceX NGSO Satellite System, 55 Boeing FNPRM Comments at 5–6. 45 CORF FNPRM Comments at 9. Memorandum Opinion, Order and Authorization, 56 Id. at 6. 46 SES FNPRM Reply Comments at 2–3. 33 FCC Rcd 3391 (2018); Telesat Petition for 57 Iridium FNPRM Reply Comments at 1–2. 47 47 CFR 25.202(f). Declaratory Ruling to Grant Access to the U.S. 58 Id. at 2–3. Market for Telesat’s NGSO Constellation, Order and 48 Further Streamlining Part 25 Rules Governing 59 FSS operation in the 18.6–18.8 GHz band is Declaratory Ruling, 32 FCC Rcd. 9663 (2017); Satellite Services, Notice of Proposed Rulemaking, limited to communications with GSO space WorldVu Satellites Limited, Petition for Declaratory 33 FCC Rcd 11502, 11507–08, paras. 18–19 (rel. stations. 47 CFR 2.106 NG164. Transmissions to Ruling Granting Access to the U.S. Market for the Nov. 19, 2018) (2018 Part 25 Further Streamlining NGSO space stations in the 29.25–29.5 GHz band OneWeb NGSO FSS System, Order and Declaratory Notice). are limited to feeder links to MSS space stations. Ruling, 32 FCC Rcd 5366 (2017). 49 47 CFR 2.106, US211 and US246. See 47 CFR 2.106 NG535A. Thus, the frequency 64 Letter from Ryan W. King, Vice President & 50 See generally CORF FNPRM Comments. bands 18.6–18.8 GHz (space-to-Earth) and 29.25– Head of Legal, Americas, Speedcast Americas Inc. 51 47 CFR 2.106, US255. 29.5 GHz (Earth-to-space) were not included in the to Marlene H. Dortch, Secretary, Federal 52 CORF FNPRM Comments at 10. proposed bands for ESIMS NGSO FSS operations. Communications Commission (filed Sept. 25, 2019).

VerDate Sep<11>2014 16:42 Jul 23, 2020 Jkt 250001 PO 00000 Frm 00092 Fmt 4700 Sfmt 4700 E:\FR\FM\24JYR1.SGM 24JYR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations 44777

mobility services; 65 promote global We adopt the proposal to add a applications for use of spectrum spectrum harmonization, allow paragraph to footnote NG527A to between 28.4–28.6 GHz, with any grants customers to take advantage of seamless specify that ESIMs may be authorized to conditioned on compliance with any connectivity; 66 increase investment in communicate with NGSO FSS satellites future determinations made in this NGSO FSS capacity that can serve in these six bands, with the exception proceeding. Based on the current record, remote and rural areas and provide of the 28.35–28.4 GHz band, under the we do not anticipate that ESIM restoration if terrestrial networks are existing primary FSS allocation. Many operations above 28.4 GHz will have a damaged due to natural disasters; 67 and commenters agree that the Commission significant out-of-band emissions ensure that antenna manufacturers are should adopt its proposal to allow impact on UMFUS operation below able to bring their antennas to the ESIMs to communicate with NGSO FSS 28.35 GHz.75 Additionally, should market quickly, enabling a faster return systems on a primary basis in these parties have concerns about specific on their investment, and thus making frequency bands.71 For example, the applications for ESIMs use, they can be the U.S. a desirable market in which to ESIM Coalition supports adoption of the addressed as part of the public comment introduce innovative new equipment.68 proposal to add a paragraph to footnote review process for each ESIM We agree with many of the public NG527A to indicate that ESIMs can application filed before the interest benefits expressed in the record operate with NGSO FSS satellites in Commission. Before granting any of 72 of the proceeding and adopt the these six frequency bands. This will these applications, the possible need to framework discussed in the NGSO ensure that the part 25 rules accurately require more stringent limits than those ESIMs NPRM. reflect the current NGSO–GSO sharing in § 25.202(f), even for ESIM operations framework and extend this well Ku- and Ka- Frequency Bands with NGSO FSS space stations above accepted framework to NGSO FSS 28.4 GHz, can be considered and 11.7–12.2 GHz, 14.0–14.5 GHz, 18.3– operations with ESIMs. addressed as appropriate. 18.6 GHz, 19.7–20.2 GHz, 28.35–28.6 Some concerns, however, were GHz, and 29.5–30.0 GHz.—The recently raised about potential Several commenters believe that the Commission sought comment on interference from out-of-band emissions use of the term ‘‘primary’’ to describe allowing, to the extent feasible, ESIMs of ESIMs in the 28.35–28.6 GHz band the status of communications of ESIMs to communicate with NGSO FSS into the adjacent 27.5–28.35 GHz band with NGSO FSS satellites in these six systems in the Ku- and Ka-bands where used by UMFUS, generated by ESIM bands is potentially confusing because the Commission’s rules allow ESIM transmissions to NGSO FSS space of the need of such communications to 76 communications with GSO FSS space stations in frequencies above 28.35 protect GSO FSS operations. We stations. The Commission proposed to GHz.73 Contrarily, others have argued clarify here and in the new paragraph allow ESIMs to communicate with that the Commission already considered (c) to footnote NG527A, that NGSO NGSO FSS systems under the existing and dismissed similar concerns when it ESIMs operations in these bands are on primary FSS allocation in the following authorized ESIMs to communicate with an unprotected, non-interference basis six frequency bands: 11.7–12.2 GHz GSO satellites, and the authorization of only with respect to GSO FSS (space-to-Earth); 14.0–14.5 GHz (Earth- ESIM communications with NGSOs operations. As Intelsat correctly states, 74 to-space); 18.3–18.6 GHz (space-to- does not raise any new concerns. we do not propose to elevate the NGSO Earth); 19.7–20.2 GHz (space-to-Earth); Given these differences of opinion, we protection status vis-a`-vis GSO 28.35–28.6 GHz (Earth-to-space); and are initiating a Further Notice to further operations.77 Rather, communications of 29.5–30.0 GHz (Earth-to-space).69 There develop the record on these issues. As ESIMs with NGSO FSS satellites is an are no allocations to terrestrial services such, we will not permit ESIM application in the FSS,78 which has a in any of these bands. Under the operations with NGSO FSS space primary allocation in these bands.79 The Commission’s rules, NGSO FSS stations in the lowest 50 megahertz of rules for communications of ESIMs with operations cannot cause interference to, the 28.35–28.6 GHz band (28.35–28.4 both NGSO and GSO satellites maintain or claim protection from, GSO FSS GHz), subject to further consideration. the existing protection status offered to networks.70 Accordingly, the However, in the interest of avoiding GSO operations vis-a`-vis NGSO Commission sought comment on adding delay in potential ESIMs operations in operations, which is articulated in the new paragraphs to footnote NG527A of the remaining 200 megahertz of the proposed revision to footnote NG527A. the Table of Frequency Allocations set 28.35–28.6 GHz band, we will permit In other words, NGSO ESIM operations the filing and processing of ESIMs forth at 47 CFR 2.106 to indicate that will be provided the same protections, ESIMs can operate with NGSO FSS and have the same obligations, as NGSO 71 ESIM Coalition NPRM Comments at 2–3; space stations in these six frequency Hughes NPRM Comments at 3. FSS already possesses. This includes bands. 72 See also SES and O3b NPRM Comments at 7. the obligation for NGSO FSS to protect 73 Letter from Daudeline Meme, Verizon and US GSO FSS—including GSO FSS 65 ESIM Coalition NPRM Comments at 5, SES and Cellular to Marlene H. Dortch, Secretary, Federal communications to ESIMs—in these O3b NPRM Comments at 1, 3. See also Letter from Communications Commission (filed May 4, 2020) frequency bands under part 25 of the (Verizon May 4 Ex Parte Letter). Mariah Dodson Shuman, Corporate Counsel, Project Commission’s rules.80 Kuiper, Kuiper Systems LLC to Marlene H. Dortch, 74 Letter from Suzanne Malloy, Vice President of Secretary, Federal Communications Commission Regulatory Affairs for SES Americom, Inc. and O3b (filed Nov. 26, 2019). Limited, Kimberly M. Baum Vice President, 75 As per § 25.202(f), ESIM emissions will be 66 SES and O3b NPRM Comments at 4, 5–6. Regulatory Affairs Hughes Network Systems, LLC, attenuated by approximately 35 dB at 28.35 GHz. and EchoStar Satellite Services, L.L.C. to Marlene 67 Id. at 5. 76 ESIMS Coalition NPRM Comments at 2–3; H. Dortch, Secretary, Federal Communications 68 Intelsat NPRM Reply Comments at 2. SES and O3b NPRM Comments at 5; Viasat Commission (filed May 6, 2020) (SES Americom, 77 Intelsat NPRM Reply Comments at 2. NPRM Comments at 3. Inc. and O3b Limited, Inmarsat, Inc., Hughes 78 69 ESIMs NGSO FSS NPRM, 33 FCC Rcd at11419, Network Systems, LLC, and EchoStar Satellite See U.S. Table of Frequency Allocations, 47 para. 9. T-Mobile asks the Commission to clarify Services, L.L.C. May 6 Ex Parte Letter); Letter from CFR 2.106, n. NG527A. that its proposals in this proceeding will not John P. Janka, Chief Officer, Global Government 79 Id. expand use of ESIM operations in the 3.7–4.2 GHz Affairs & Regulatory, Viasat, Inc. to Marlene H. 80 47 CFR 25.289 (stating that, unless provided band. T-Mobile NPRM Comments at 1–3. We so Dortch, Secretary, Federal Communications otherwise, ‘‘an NGSO system licensee must not clarify here. Commission (filed May 6, 2020) (Viasat May 6 Ex cause unacceptable interference to, or claim 70 47 CFR 25.289. Parte Letter). protection from, a GSO FSS . . . network’’).

VerDate Sep<11>2014 16:42 Jul 23, 2020 Jkt 250001 PO 00000 Frm 00093 Fmt 4700 Sfmt 4700 E:\FR\FM\24JYR1.SGM 24JYR1 jbell on DSKJLSW7X2PROD with RULES 44778 Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations

Some commenters noted the into coordination agreements with communicating with NGSO FSS Commission used the term ‘‘harmful several NGSO system operators to satellites below that of other earth interference’’ in some contexts and utilize these frequency bands in its GSO stations communicating with NGSO FSS ‘‘unacceptable interference’’ in the satellite networks, with the expectation satellites. NPRM.81 The specific obligation on that coordination would require Viasat argues that the Commission NGSO FSS operations is that they do analysis only of networks with fixed must ensure that any primary NGSO not cause unacceptable interference to earth stations.88 According to Hughes, ESIM operations that may be allowed in GSO FSS networks.82 We believe that allowing NGSO ESIMs to operate on a the 18.8–19.3 GHz (space-to-Earth) and ‘‘unacceptable interference’’ is the primary basis would complicate the 28.6–29.1 GHz (Earth-to-space) band appropriate term to use here.83 To the ability of GSO licensees to seek segments within the United States do extent that ‘‘harmful interference’’ was coordination agreements with NGSO not impact GSO operations outside of used elsewhere in the ESIMs NGSO systems that will allow these frequency the United States, where GSO and NPRM, we clarify that there was no bands to be used with maximum NGSO systems are co-primary and are intent to alter the ‘‘unacceptable efficiency.89 Therefore, Hughes argues subject to ITU coordination interference’’ obligation. the Commission should permit all GSO requirements.96 Similarly, Hughes 18.8–19.3 GHz and 28.6–29.1 GHz.— operations and ESIM NGSO operations requests that the Commission clarify The Commission proposed to allow to have equal status, with each having that while GSO operations are ESIMs to communicate with NGSO FSS secondary status with respect to fixed secondary to NGSO operations in the systems on a primary basis in the 18.8– earth stations communicating with United States in these frequency bands, 19.3 GHz (space-to-Earth), and the 28.6– NGSO satellites in these frequency the services are co-primary outside the 29.1 GHz (Earth-to-space) bands. In bands.90 United States.97 As has been the these bands, there are no terrestrial We agree with Boeing that Hughes’ Commission’s policy in other situations allocations, and GSO FSS operations are proposal overreaches with respect to the involving operations outside the United secondary with respect to NGSO FSS. appropriate regulatory treatment of States, ESIM operations in a NGSO FSS Accordingly, the Commission sought ESIMs operating in the 18.8–19.3 GHz system licensed by the United States comment on adding a new paragraph (e) (space-to-Earth) and the 28.6–29.1 GHz will: (i) Have higher status than 91 to footnote NG527A to indicate that (Earth-to-space) bands. As Hughes operations in a GSO FSS satellite ESIMs can operate both with a GSO FSS acknowledges, these frequency bands network licensed by the United States space station and with NGSO FSS constitute one of the few FSS anywhere in the world; (ii) have higher systems in these two frequency bands, allocations where NGSO FSS systems status than operations in a GSO FSS 92 but that GSO FSS operations in these have priority over GSO FSS networks. satellite network that holds a grant to bands must not cause unacceptable Nonetheless, Hughes urges the access the U.S. market only for interference to, or claim protection Commission to treat ESIMs operations 84 communications to or from the U.S. from, NGSO FSS networks. We adopt with NGSO FSS systems as co-equal territory; and (iii) be co-primary with a this proposal. with GSO FSS networks in this GSO FSS satellite network in all other Boeing and other commenters support 93 spectrum. As the Commission has cases.98 this proposal.85 Boeing asserts that the stated, ‘‘limiting the primary In addition, CORF raises concerns Commission already appropriately treats designation in these frequency bands to regarding the Earth exploration-satellite ESIMs as a permitted application of NGSO FSS systems will give operators service co-primary allocation at 18.6– FSS, employing the same frequency of these systems greater flexibility in the 18.8 GHz (space-to-Earth).99 allocation and protection rights as coordination discussions and ultimate Specifically, CORF is concerned that FSS.86 Hughes, on the other hand, deployment.’’ 94 Further, we agree with NGSO ESIM operations in 18.3–18.6 supports permitting NGSO ESIM Boeing that Hughes’ private agreements GHz (space-to-Earth) and 18.8–19.3 GHz operation in the 18.8–19.3 GHz (space- with certain NGSO FSS operators are (space-to-Earth) may contaminate Earth to-Earth) and 28.6–29.1 GHz (Earth-to- immaterial to Commission policy exploration-satellite service space) bands, not on a primary basis as regarding the rights of future NGSO FSS observations, as radio interference from the Commission proposes, but ‘‘with a systems.95 Accordingly, we decline to moving targets is even more difficult to status equal to that of any GSO lower the status of ESIMs operation that takes place in the flag and remove than interference from fixed stations.100 CORF also notes that frequency band.’’ 87 Hughes notes that, 88 Id. to date, the Commission has authorized 89 Id. at 4–5. increased usage of the adjacent bands use of these bands by GSO FSS on a 90 See Letter from Jennifer A. Manner, Senior Vice may degrade this band if out-of-band 101 secondary basis with respect to President, Regulatory Affairs, Hughes Network emissions are not severely curtailed. Systems, to Marlene H. Dortch, Secretary, Federal CORF raised similar arguments against communications between NGSO Communications Commission, IB Docket No. 18– systems and fixed earth stations, and 315, at 2 (Apr. 19, 2019). operation in these bands in the context that Hughes has successfully entered 91 Boeing NPRM Reply Comments at 2. of ESIM operation with GSO FSS 92 Hughes NPRM Reply Comments at 4. As Boeing satellites. As we noted in addressing notes, Hughes does not explain how its proposal for 81 ESIMs Coalition NPRM Comments at 3; SES their arguments there, CORF’s concerns co-equal status would work. Presumably, however, and O3b NPRM Comments at 8; Intelsat NPRM are not with ESIMs, which solely Hughes’ existing Ka-band GSO FSS operations Reply Comments at 3. would have first-in-time priority over ESIMs receive in the frequency bands that 82 47 CFR 25.289. operating with NGSO FSS systems given the fact CORF identified as being of concern, but 83 See 47 CFR 25.289; ESIMs NGSO FSS NPRM, that ESIMs are not yet authorized in this spectrum. rather with the space-to-Earth 33 FCC Rcd at 11425–28, App. A. (The Commission Boeing NPRM Reply Comments at 3. used the term ‘‘unacceptable interference’’ in 93 Hughes NPRM Comments at 4. proposed footnote NG527A). 96 Viasat NPRM Comments at 5. 94 See Update to Parts 2 and 25 Concerning Non- 84 97 Hughes NPRM Reply Comments at 1–2. ESIMs NGSO FSS NPRM, 33 FCC Rcd at 11419, Geostationary, Fixed-Satellite Service Systems and 98 para. 10. Related Matters, Report and Order and Further NGSO FSS Report and Order, 32 FCC Rcd at 85 See Boeing NPRM Comments at 7; ESIM Notice of Proposed Rulemaking, 32 FCC Rcd 7809, 7814–15, para. 14. Coalition at 3; SES and O3b NPRM Comments at 8. 7814–15, ¶ 14 (2017) (NGSO FSS Report and 99 See CORF NPRM Comments. 86 Boeing NPRM Comments at 7. Order). 100 Id. at 12. 87 Hughes NPRM Comments at 4. 95 Boeing NPRM Reply Comments at 3. 101 Id. at 13.

VerDate Sep<11>2014 16:42 Jul 23, 2020 Jkt 250001 PO 00000 Frm 00094 Fmt 4700 Sfmt 4700 E:\FR\FM\24JYR1.SGM 24JYR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations 44779

transmissions of NGSO satellites, which claim protection from, GSO FSS US74, which states that ‘‘the radio are not the subject of this rulemaking.102 networks.108 Boeing states that the astronomy service shall be protected Therefore, as before, we note that the downlink transmissions from NGSO from unwanted emissions only to the Commission’s rules already impose FSS satellites to ESIMs will be extent that such radiation exceeds the specific limits on out of band emissions. indistinguishable from existing NGSO level which would be present if the Kymeta argues for even further FSS downlink transmissions.109 We offending station were operating in streamlining than the Commission has agree with Boeing and find that the compliance with the technical standards proposed.103 For example, in the case of operation of ESIMs in this band will be or criteria applicable to the service in existing licensees seeking to operate indistinguishable from other NGSO FSS which it operates.’’ 115 Since our actions with NGSO satellite systems on a operations. Because the mechanisms the today do not change this balance that primary basis in the 28.6–29.1 GHz Commission already has in place to the rules strike, and since the question (Earth-to-space) band, Kymeta states protect GSO FSS networks from NGSO of modifying the current protection of that no additional technical information FSS will also provide protection against radio astronomy observation is part of should be required.104 Further, Kymeta NGSO ESIM operations, we adopt the an ongoing Commission proceeding requests the Commission to find that for revisions proposed to paragraph (a) of regarding out-of-band-emissions,116 the existing licensees seeking to operate footnote NG527A, which will allow appropriate forum to address these with NGSO satellite systems on a ESIMs to operate on an unprotected requests is that proceeding. primary or secondary basis in all other basis with regard to non-Federal fixed Accordingly, we decline to address authorized Ku-band and Ka-band service in this frequency band.110 those requests here. CORF also asks the frequencies, the only additional CORF asserts that there is a significant Commission to include a requirement technical showing required would be a risk of interference to radio astronomy for NGSO operators transmitting in the demonstration that the ESIM complies observations from downlinks in the 10.7–11.7 GHz band to coordinate with with the equivalent power flux density 10.7–11.7 GHz band.111 We agree that radio astronomy observatories; however, up limits referenced in § 25.289. While protection of these services is important as CORF acknowledges, such a other commenters do not oppose but find that existing protections are requirement is already included in Kymeta’s proposals as a general matter, sufficient to guard against interference footnote US131.117 commenters disagree about the specific to radio astronomy operations. CORF 17.8–18.3 GHz.—The Commission technical showing that should be suggests protection of the primary sought comment on allowing ESIMs to required.105 We note that such allocation of Earth exploration-satellite receive signals from NGSO FSS systems proposals are well beyond the current service in the 10.68–10.70 GHz portion on a secondary basis in the 17.8–18.3 rulemaking. Moreover, any showing of of the frequency band either through use GHz (space-to-Earth) band. This the kind proposed by Kymeta would be of a guard band of 25 megahertz, so that frequency band is allocated to the fixed more appropriately provided by the the lowest frequency of this ESIM service on a primary basis and, given licensee of the NGSO FSS system since downlink band would be 10.725 GHz, or the FSS secondary status, ESIM receive equivalent power flux density limits through use of a more stringent out-of- earth stations are not entitled to refer to the aggregate of all emissions band emission standard for ESIM protection. Protection of terrestrial within the system. We therefore decline downlinks to protect Earth exploration- operations in this band will be ensured to adopt Kymeta’s proposals at this satellite service observations in the by imposing on space station time. 10.68–10.70 GHz band.112 As CORF transmissions the appropriate power 10.7–11.7 GHz.—The Commission notes, however, radio astronomy service flux density limits.118 Accordingly, the sought comment on allowing ESIMs to observations in the 10.6–10.7 GHz Commission sought comment on adding 113 receive signals from NGSO FSS space band are already entitled to a paragraph to footnote NG527A to stations in the 10.7–11.7 GHz (space-to- protection under the Commission’s indicate that ESIMs can operate on a 114 Earth) band, on an unprotected basis, rules, as established by footnote secondary basis with regard to non- with respect to transmissions from non- Federal fixed service in this frequency 108 Federal fixed service stations. FSS and 47 CFR 25.289. Commenters here again raise band, both with a GSO FSS space the issue of use of the term ‘‘unacceptable fixed service are co-primary in these station and with NGSO FSS systems.119 frequency bands, and receive terrestrial interference’’ versus ‘‘harmful interference’’ in the NPRM. See, e.g., SES and O3b NPRM Comments at The ESIM Coalition and other stations are protected by existing power 8. This issue is addressed at paragraph 30, supra. commenters support the proposal to flux density limits on space station 109 Boeing NPRM Comments at 8. allow ESIMs to receive signals from transmissions.106 Accordingly, the 110 Consistent with our decision in paragraph 8 above, we revise footnote NG527A to allow ESIMs Commission sought comment on 5.340, ‘‘[a]ll emissions are prohibited’’ at 10.68–10.7 revising paragraph (a) of footnote to communicate with NGSO satellites, subject to the conditions that ESIMs may not claim protection GHz. See 47 CFR 2.106, US246. Similarly, in NG527A to indicate that ESIMs can from transmissions from non-Federal fixed service footnote US211, applicants for airborne or space operate with NGSO FSS systems on an stations and that NGSO FSS systems may not cause station assignments at, among other frequency unacceptable interference to, or claim protection bands, 10.7–11.7 GHz, are urged to take all unprotected basis with regard to non- practicable steps to protect radio astronomy Federal fixed service in this frequency from, GSO FSS networks. See Appendix B, NG527A. observations in the adjacent bands from harmful band. Many commenters support this 111 CORF NPRM Comments at 8. interference. 47 CFR 2.106, US211; see also 47 CFR 107 2.106, US131 (requiring prior coordination with proposal. Also, in this frequency 112 Id. at 9–10. specific radio astronomy service sites). band, NGSO FSS operations must not 113 As we note in fn 27, CORF mentions 10.6–11.7 115 47 CFR 2.106, US74. GHz on page 7 of its FNPRM Comments. However, cause unacceptable interference to, or 116 it is clear from the context that their intention was CORF NPRM Comments at 9–10. See 2018 Part 25 Further Streamlining Notice, 33 FCC Rcd at 102 to reference the 10.6–10.7 GHz band which has a See supra para. 22. primary allocation to the Radio Astronomy 11507–08, paras. 18–19. 103 Kymeta NPRM Comments at 4–5. Services. 47 CFR 2.106. 117 CORF NPRM Comments at 8–9; 47 CFR 2.106, 104 Id. at 4. 114 Id. In the 10.68 GHz-10.70 GHz portion of the US131. 105 See, e.g. SES NPRM Reply Comments at 8. frequency band, radio astronomy service has a 118 47 CFR 25.146(a)(1). 106 47 CFR 25.146(a)(1). primary allocation and is protected domestically by 119 In this band, NGSO FSS operations must not 107 Boeing NPRM Comments at 8; Hughes NPRM footnote US246, and by RR No. 5.340 worldwide. cause unacceptable interference to, or claim Comments at 5; Kepler NPRM Comments at 2; Pursuant to US246, ‘‘[n]o station shall be authorized protection from, GSO FSS networks. See 47 CFR Viasat NPRM Comments at 4. to transmit’’ at 10.68–10.7 GHz, and pursuant to RR 25.289.

VerDate Sep<11>2014 16:42 Jul 23, 2020 Jkt 250001 PO 00000 Frm 00095 Fmt 4700 Sfmt 4700 E:\FR\FM\24JYR1.SGM 24JYR1 jbell on DSKJLSW7X2PROD with RULES 44780 Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations

NGSO FSS space stations on a interference basis with respect to GSO siting of new earth stations under very secondary basis in the 17.8–18.3 GHz FSS satellite networks.127 specific rules.137 (space-to-Earth) band, and no These additional frequency bands Additional Frequency Bands commenter opposed this proposal.120 As were not included in this proceeding, the Commission explained in the NGSO Several parties filed comments and the record is insufficient for us to ESIMs NPRM,121 NGSO ESIMs can requesting that we consider including consider use of these bands for ESIMs ensure adequate protection of terrestrial frequency bands that were not proposed communications with NGSO FSS operations via compliance with the in the NGSO ESIMs NPRM. Boeing satellites. Moreover, allowing ESIMs to existing International states that the Commission should transmit in the UMFUS bands would be Telecommunication Union power flux permit GSO and NGSO ESIMs in every inconsistent with the Commission’s density limits, currently codified in the frequency band that is allocated for use decisions adopted in the Spectrum Commission’s rules.122 Accordingly, we by FSS.128 SES encourages the Frontiers proceeding. Accordingly, we adopt the proposed addition of Commission to consider NGSO ESIMs decline to include these additional paragraph (d) to footnote NG527A. matters as part of any future proceeding frequency bands in the rules adopted in 19.3–19.4 GHz and 19.6–19.7 GHz.— developing service rules for ‘‘V-band’’ this proceeding. The Commission sought comment on FSS in the 37.5–52.4 GHz range of allowing ESIMs to receive signals from frequencies.129 Other commenters ask Blanket Licensing NGSO FSS space stations in the 19.3– that the Commission authorize NGSO In the NGSO ESIMs NPRM, the 19.4 GHz and 19.6–19.7 GHz (space-to- systems to support ESIMs in additional Commission proposed extending Earth) bands, on an unprotected basis, space-to-Earth frequency bands blanket licensing for communications of with respect to transmissions from non- including 12.2–12.7 GHz, and ESIMs with NGSO FSS systems since Federal fixed service stations. FSS and throughout the V-band.130 While some such licensing would be limited to fixed service are co-primary in these other parties join these proposals, other frequency bands in which NGSO FSS frequency bands, and receive terrestrial commenters oppose them.131 For systems have a primary status or have stations are protected by imposing the example, Iridium strongly objects to been found to be able to operate on a appropriate power flux density limits on proposals to include the 19.4–19.6 GHz secondary or non-conforming basis space station transmissions.123 In and the 29.1–29.5 GHz bands, arguing without causing interference to primary addition, NGSO FSS operations must that these bands are beyond the scope users of those bands. The Commission not cause unacceptable interference to, of this proceeding.132 MDS Operations sought comment on extending blanket or claim protection from, GSO FSS argues that allowing NGSO ESIM links licensing to ESIMs operating with networks.124 Accordingly, the in the 12.2–12.7 GHz band would create NGSO FSS space stations in all the Commission sought comment on insurmountable coordination challenges frequency bands being proposed here revising footnote NG527A to indicate for incumbent licensees.133 The MVDDS for ESIM NGSO operation. that ESIMs can operate with NGSO FSS 5G Coalition concurs.134 Specifically, Commenters were uniformly systems in these two frequency bands they assert that ensuring that the 12.2– supportive of blanket licensing.138 on an unprotected basis with regard to 12.7 GHz band remains free of ESIMs Commenters argue that blanket non-Federal fixed service. The communications with NGSO FSS licensing would be more efficient than Commission also proposed revisions to satellites would protect in-band individually licensing ESIM footnote NG527A to indicate that ESIMs terrestrial services and preserve the terminals,139 and that individual can operate with NGSO FSS systems in possibility of future two-way mobile 5G licensing is only necessary to facilitate these two frequency bands, provided services.135 CTIA asserts that permitting site-by-site coordination, which is not that NGSO FSS operations not cause ESIM operations in the UMFUS bands needed for terminals in-motion, which unacceptable interference to, or claim would be inconsistent with the carefully employ technical means to operate on a protection from, GSO FSS satellite calibrated framework the Commission shared basis with other spectrum networks.125 Commenters support all of adopted in the Spectrum Frontiers users.140 In the past, the Commission these proposals and raise no proceeding,136 which allows for limited has granted blanket licenses to ESIMs concerns.126 communicating with GSO FSS satellites Accordingly, we further revise 127 See Appendix B, NG527A. for each specific type of ESIM–Earth 128 paragraph (a) of footnote NG527(A) to Boeing FNPRM Comments at 1. Stations on Vessels, Vehicle-Mounted 129 SES and O3b NPRM Comments at 9; SES and state that NGSO ESIM operations in the Earth Stations, and Earth Stations 19.3–19.4 GHz and 19.6–19.7 GHz O3b NPRM Reply Comments at 6–7. 130 Boeing NPRM Reply Comments at 1; Viasat Aboard Aircraft– concluding that (space-to-Earth) bands may be NPRM Comments at 3; WorldVu NPRM Comments authorized on an unprotected basis with at i–ii, 3–7, WorldVu NPRM Reply Comments at 1– FCC Rcd 10988 (2017); Use of Spectrum Bands respect to fixed service and NGSO FSS 3. Above 24 GHz For Mobile Radio Services, et al., systems operating with ESIMs may be 131 MDS Operations support the Commission’s Third Report and Order, 33 FCC Rcd 5576 (2018); authorized on an unprotected, non- proposal to exclude the 12 GHz MVDDS band from Use of Spectrum Bands Above 24 GHz For Mobile the bands in which ESIMs may communicate with Radio Services, et al., Fifth Report and Order, 34 NGSOs. MDS Operations NPRM Reply Comments at FCC Rcd 2556 (2019). 120 Boeing NPRM Comments at 10; ESIM 2. MDS Operations asserts that allocation for ESIM 137 Letter from Jennifer L. Oberhausen, Director, Coalition NPRM Comments at 4; SES and O3b use in the 12 GHz band would stymie investment Regulatory Affairs, CTIA to Marlene H. Dortch, NPRM Comments at 8; Viasat Comments at 4. and innovation for MVDDS use. Id. Secretary, Federal Communications Commission 121 ESIMs FSS NGSO NPRM, at para. 13. 132 See generally Iridium NPRM Reply Comments. (filed May 1, 2020) (CTIA May 1 Ex Parte Letter) 122 ESIM Coalition NPRM Comments at 4; see also 133 MDS NPRM Reply Comments at 3–4. at 2; Letter from Jennifer L. Oberhausen, Director, 47 CFR 25.146(a)(1). 134 MVDDS 5G Coalition NPRM Reply Comments Regulatory Affairs, CTIA to Marlene H. Dortch, 123 47 CFR 25.146(a)(1). at 1–4. Secretary, Federal Communications Commission 124 47 CFR 25.289. 135 Id. at 1. (filed May 6, 2020) (CTIA May 6 Ex Parte Letter). 125 ESIMs NGSO NPRM, 33 FCC Rcd at 11420, 136 See Use of Spectrum Bands Above 24 GHz For 138 ESIM Coalition NPRM Comments at 5; Kymeta para. 12. Mobile Radio Services, et al., Report and Order and NPRM Comments at 2–3; SES and O3b NPRM 126 Boeing NPRM Comments at 8; ESIM Coalition Further Notice of Proposed Rulemaking, 31 FCC Comments at 10; WorldVu NPRM Comments at 10– NPRM Comments at 4; OneWeb NPRM Comments Rcd 8014 (2016); Use of Spectrum Bands Above 24 11; Boeing NPRM Comments at 12–13. at 10; SES and O3b NPRM Comments at 8; Viasat GHz For Mobile Radio Services, et al., Second 139 ESIM Coalition NPRM Comments at 5. NPRM Comments at 4. Report and Order and Order on Reconsideration, 32 140 Kymeta NPRM Comments at 2–3.

VerDate Sep<11>2014 16:42 Jul 23, 2020 Jkt 250001 PO 00000 Frm 00096 Fmt 4700 Sfmt 4700 E:\FR\FM\24JYR1.SGM 24JYR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations 44781

blanket licensing would be far more frequencies available to ESIMs in GHz band, as described in the NGSO effective and administratively efficient § 25.202(a)(8), (a)(10), and (a)(11) to FSS Order.149 The licensing provisions than employing an individual licensing reflect changes made in this Report and in § 25.115(f) adopted in the NGSO FSS approach for these types of earth Order to frequency bands in which Order, however, inadvertently omitted stations.141 We find that the proposed ESIMs can communicate with NGSO the 29.5–30.0 GHz band.150 In the NGSO blanket licensing does not pose any FSS satellites.144 Other than the ESIMS NPRM, the Commission increased risk of harmful interference objections to the 28.35–28.6 GHz band proposed to correct this omission and and that the reasons that blanket discussed above, there were no proposed to extend the provisions of licensing is appropriate for objections to this change, and we amend § 25.115(f) to the 29.5–30.0 GHz band. communications of these terminals with § 25.202, with the exception of 28.35– Commenters did not address this GSO FSS satellites applies equally to 28.4 GHz, also taking into account the specific point. We adopt the revision to communications of such terminals with additional frequencies made available correct the omission consistent with the NGSO FSS systems. Accordingly, we for ESIM operation with GSO FSS Ka-band Plan as previously adopted by conclude that blanket licensing is satellites, as specified in section III.A of the Commission. appropriate for communications of this Report and Order. ESIMs with NGSO FSS satellites and Section 25.115. The Commission Section 25.228. Section 25.228 adopt this proposal.142 sought comment on changes to extend contains requirements in paragraphs (a), the rules adopted for GSO FSS ESIMs to (b), and (c), that codify the two-degree Implementing Rule Revisions NGSO FSS ESIMs, with the appropriate spacing requirements for ESIMs In the paragraphs below, we address conforming technical changes. communicating with GSO FSS satellite other changes to our rules, in addition Specifically, comment was sought on networks, but the paragraphs are not to those discussed above in connection excluding NGSO ESIMs from rules that specifically worded to apply only to with the frequency bands being pertain to ‘‘two-degree spacing’’ 145 for such ESIMs. The Commission sought proposed for NGSO FSS ESIM GSO FSS space stations.146 Comment comment on adopting revisions to operation. The Commission sought was also sought on adding a new clarify that these paragraphs apply only comment on these changes, and on any paragraph (o) to § 25.115 to codify these to ESIMs communicating with GSO FSS other revisions necessary to implement requirements for ESIMs that satellite networks.151 communicate with NGSO FSS space the ESIM NGSO FSS operations Intelsat notes that the proposed 143 stations.147 The Commission also sought described here. changes may have been interpreted comment on changing the cross- Section 25.202. The Commission differently by different commenters,152 sought comment on amending the list of references contained in the information requirements for earth station and Kepler states that further clarification may be necessary because 141 applications set forth in § 25.115 for Procedures to Govern the Use of Satellite of the separate purposes these rules Earth Stations on Board Vessels in the 5925–6425 earth stations communicating with GSO 153 MHz/3700–4200 MHz Bands and 14.0–14.5 GHz/ and NGSO FSS space stations. All address. Despite this disagreement, 11.7–12.2 GHz Bands, IB Docket No. 02–10, Report commenters who addressed this issue commenters are uniformly concerned and Order, 20 FCC Rcd 674, 722, para. 115 (2005); that the proposed revision eliminates Amendment of Parts 2 and 25 of the Commission’s support this approach and agree that the Rules to Allocate Spectrum and Adopt Service rules should exclude NGSO ESIMs from the NGSO ESIM self-monitoring and Rules and Procedures to Govern the Use of Vehicle- the application of off-axis Equivalent network monitoring and control Mounted Earth Stations in Certain Frequency Bands Isotropically Radiated Power (EIRP) requirements,154 and many commenters Allocated to the Fixed-Satellite Service, IB Docket argue against adding language No. 07–101, Report and Order, 24 FCC Rcd 10414, density requirements for two-degree 10464, para. 162 (2009); Revisions to Parts 2 and spaced GSO FSS earth stations.148 We specifying that § 25.228(a), (b), and (c) 25 of the Commission’s Rules to Govern the Use of adopt these conforming revisions with a are GSO-specific. The ESIM Coalition, Earth Stations Aboard Aircraft Communicating with small modification to take into account for example, believes ESIM terminal Fixed-Satellite Service Geostationary-Orbit Space self-monitoring and network control and Stations Operating in the 10.95–11.2 GHz, 11.45– that § 25.115(e)(2) is limited to GSO FSS 11.7 GHz, 11.7–12.2 GHz and 14.0–14.5 GHz earth stations. monitoring center requirements are Frequency Bands, IB Docket No. 12–376, Report Finally, the Commission’s Ka-band essential to ensuring operations are and Order, 27 FCC Rcd 16510, 16550, para. 104 Plan has a secondary designation for conducted in accordance with (Dec. 28, 2012). NGSO FSS operations in the 29.5–30.0 applicable license provisions, consistent 142 SES and O3b ask for confirmation that when the Commission stated in the NGSO ESIMs NPRM with the ESIM rules, and without that ‘‘ESIMs’ communications with NGSO FSS 144 The Commission released an Erratum on causing interference to other satellite systems would be limited to frequency bands in December 20, 2018 to correct the ESIMs NGSO and earth station operations. They argue NPRM which initially suggested revisions to, rather which NGSO FSS systems have a primary status, or that there is no basis to treat GSO FSS have been found to be able to operate on a than removal of, § 25.202(a)(11). See Erratum to the secondary or non-conforming basis, without ESIMs NGSO FSS NPRM. and NGSO FSS ESIMs differently with causing interference to primary users of those 145 ‘‘Two-degree spacing’’ refers to angular respect to these important bands,’’ the Commission was referring to the separation in the GSO arc between adjacent co- requirements.155 Eutelsat concurs, frequency space stations. See Comprehensive frequency bands to be authorized for NGSO ESIMs stating this revision appears to suggest through this proceeding. SES and O3b NPRM Review of Licensing and Operating Rules for Comments at 10. SES and O3b state that such a Satellite Services, Second Report and Order, 30 FCC elimination of self-monitoring and confirmation would remove any concern that the Rcd 14713, 14747, para. 92 (2015). 146 Sections 25.115(l)–(n) contain requirements in Commission intends to require a separate 149 NGSO FSS Report and Order, 32 FCC Rcd at paragraphs (1), (2), and (3)(i) that pertain to the two- compatibility showing for a given frequency band 7813, para. 9. to be eligible for blanket licensing. To the extent degree spacing rules for ESIMs communicating with 150 ESIMs NGSO NPRM, 33 FCC Rcd at 11421, such a confirmation is necessary, we so confirm GSO FSS space stations, which are not applicable para. 21. here. to NGSO systems. The requirements in paragraphs 151 Id. at para. 19. 143 ESIMs NGSO FSS NPRM, 33 FCC Rcd at (3)(ii)–(iv) of this section, however, are also 152 11422, paras. 16–21. The Commission stated that appropriate for ESIMs operating in NGSO FSS Intelsat NPRM Reply Comments at 3. there would not be significant cost associated with systems. 153 Kepler NPRM Comments at 1–2, and n4. the rule changes for NGSO ESIMs but invited 147 ESIMs NGSO NPRM, 33 FCC Rcd at 11421, 154 See ESIM Coalition at 5–6; Eutelsat at 2; SES comment to help with the costs and benefits para. 18. at 9; Intelsat NPRM Reply Comments at 3. analysis. See ESIMs NGSO FSS NPRM, 33 FCC Rcd 148 ESIM Coalition NPRM Comments at 5–6; 155 ESIM Coalition NPRM Comments at 5–6. See at 11422, para. 23. No comments were received. Viasat NPRM Comments at 6. also Eutelsat NPRM Comments at 2.

VerDate Sep<11>2014 16:42 Jul 23, 2020 Jkt 250001 PO 00000 Frm 00097 Fmt 4700 Sfmt 4700 E:\FR\FM\24JYR1.SGM 24JYR1 jbell on DSKJLSW7X2PROD with RULES 44782 Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations

network control and monitoring center operators must control all Earth Stations on Vessels, Vehicle-Mounted Earth requirements for NGSO FSS ESIMs. on Vessels by a network control and Stations, and Earth Stations Aboard We agree with these concerns. monitoring center or equivalent facility Aircraft in § 25.103, which restrict Therefore, we adopt modified language located in the United States.162 communications to ‘‘geostationary-orbit to ensure that GSO and NGSO FSS Kepler argues that further clarification FSS space stations.’’ 169 Pursuant to ESIM operators comply with the same may be required on how various what was described above, Earth general monitoring and control systems should operate their ESIMs, and Stations on Vessels, Vehicle-Mounted requirements, and limit applicability to in particular notes that a satellite Earth Stations, and Earth Stations GSO ESIMs only for § 25.228(a). network need not be controlled in ‘‘real- Aboard Aircraft would also be permitted Specifically, to confirm the applicability time’’ from a network control and to operate in NGSO FSS systems. of §§ 25.228(b) and 25.228(c) to both monitoring center, but may instead rely Accordingly, the Commission sought GSO and NGSO FSS ESIMs, we do not either on Artificial Intelligence (‘‘AI’’) or comment on removing the word include the word ‘‘GSO’’ in the initial predetermined rules in order to mitigate ‘‘geostationary-orbit’’ from these sentence, and include clauses interference as it relates to aggregate definitions. No commenters objected to specifically applicable to GSO and EIRP.163 Kepler further asserts that this change, and we adopt it herein. NGSO in the remaining text of the while this does not preclude the Additional conforming changes. rule.156 We agree with commenters that requirement for a network control and Pursuant to changes to part 25 of the there should be parity between the GSO monitoring center, it should be clarified Commission’s rules in another and NGSO ESIM self-monitoring and that operations without bent-pipe proceeding,170 we take this opportunity network monitoring and control architecture may implement alternate to eliminate cross-references to § 25.223, requirements.157 We also agree with safety measures, and could use the which has been removed and reserved. commenters that self-monitoring and satellite itself as an ‘‘equivalent Specifically, we delete the cross network monitoring and control facility.’’ 164 Although we agree that references in §§ 25.103, Routine requirements are necessary to ensure technology may evolve to such a point processing or licensing, 25.115(g)(1)(vii), operations are in accordance with the in the future, we find that such a and 25.209(f).171 Further, we add text in Commission’s rules and licensing discussion is beyond the scope of this § 25.218(a) and (j) to incorporate the conditions.158 rulemaking. 24.75–25.25 GHz band that had been Relatedly, we note that the adoption Paragraph (j) of § 25.228 is explicitly included in the now reserved of the § 25.228 rules in the GSO ESIMs limited to ESIMs transmitting to GSO § 25.138.172 Report & Order and FNPRM FSS satellites, and the Commission Additionally, we take this inadvertently created an inconsistency sought comment on revising the opportunity to harmonize the language with regard to network control and language of the rule to apply to Ku-band of the revisions to § 25.115(l)(3)(i)– monitoring centers for Earth Stations on ESIMs communicating with NGSO FSS (n)(3)(i) adopted in the GSO ESIMs Vessels.159 Specifically, in that decision, space stations as well.165 Additionally, Report & Order and FNPRM with the the Commission adopted § 25.228(e)(1) in the 14.0–14.2 GHz (Earth-to-space) text of that decision.173 Specifically, in which states, in part, that Earth Stations band, there is a secondary allocation to the GSO ESIMs Report & Order and on Vessels operators must control Earth the Space Research service. In order to FNPRM, we stated that § 25.115(l)(3)(i)– Stations on Vessels by a network control ensure compatibility with Space (n)(3)(i) would require all applicants to and monitoring center located in the Research operations, the Commission ‘‘provide a certification that the ESIM United States, but it fails to include the sought comment on modifying system is capable of detecting and option of using an equivalent facility, as § 25.228(j) to extend to NGSO FSS automatically ceasing emissions when § 25.228’s paragraph (c) does for systems conditions that currently apply an individual ESIM transmitter exceeds ESIMs.160 Because Earth Stations on to ESIM operation with GSO FSS space the relevant off-axis EIRP spectral 166 Vessels are a type of ESIM, and because stations. CORF asserts that since density limits specified in § 25.218, or § 25.228(c) as adopted in the GSO ESIM radio astronomy observatories are just as the limits provided to the target satellite R&O already provided that ‘‘[e]ach vulnerable to interference from NGSO operator for operation under § 25.220.’’ ESIM must be monitored and controlled uplinks as from GSO uplinks, the 174 However, in the text of the rules, we by a network control and monitoring Commission should modify the text of center (NCMC) or equivalent facility,’’ § 25.228(j) to apply the same 169 ESIMs NGSO NPRM, 33 FCC Rcd at 11421, the addition of ‘‘equivalent facility’’ to coordination requirement to NGSO para. 20; 47 CFR 25.103. 167 170 Spectrum Frontiers Third Report and Order, the language in § 25.228(e)(1) simply operators. Viasat agrees with the Commission and CORF that such a 33 FCC Rcd 5576 (2018). conforms the two provisions of the rules 171 requirement would be reasonable.168 We Because these changes are editorial and non- in accordance with the GSO ESIM substantive, we find good cause to conclude that Report & Order.161 Therefore, we fix adopt the revision. notice and comment are unnecessary for their Section 25.103. Consistent with these adoption. See 5 U.S.C. 553(b)(B). that inconsistency here by adding the changes, the Commission proposed to 172 In the Spectrum Frontiers Third Report and phrase ‘‘or equivalent facility’’ (which amend the definitions of Earth Stations Order, the Commission amended § 25.138 of the appears in § 25.228(c)) to § 25.228(e)(1), Commission’s rules to include the 24.75–25.25 GHz to state that Earth Stations on Vessels band vis-a`-vis GSO FSS earth station licensing 162 See Appendix B (setting forth amendments requirements. 33 FCC Rcd 5576. Based on the adopted herein to 47 CFR 25.228(e)) (emphasis timing of rules becoming effective, that section was 156 See § 25.228(b) and (c) in Appendix B of the added). Because this change is editorial and non- subsequently ‘‘reserved’’ in the Code of Federal Report and Order. substantive, we find good cause to conclude that Regulations. See GSO ESIM Report & Order, 33 FCC 157 ESIM Coalition NPRM Comments at 5–6; notice and comment are unnecessary for its Rcd 9327, 33 FCC Rcd at Appendix B. Therefore, Eutelsat NPRM Comments at 2; SES NPRM Reply adoption. See 5 U.S.C. 553(b)(B). bringing the adopted edits into the appropriate rule 163 Comments at 9; Intelsat NPRM Reply Comments at Kepler NPRM Comments at 2. section is a simple ministerial update. As such, we 3; WorldVu NPRM Reply Comments at 4. 164 See also Kepler NPRM Comments at 2. find good cause to conclude that notice and 158 Intelsat NPRM Reply Comments at 3. 165 ESIMs NGSO NPRM, 33 FCC Rcd at 11421, comment are unnecessary for their inclusion. See 5 159 GSO ESIM Report & Order, 33 FCC Rcd at para. 19. U.S.C. 553(b)(B). Appendix B. 166 Id. at 11419, para. 9. 173 GSO ESIMs Report & Order and FNPRM, 33 160 See 47 CFR 25.228(c) and (e). 167 CORF NPRM Comments at 11. FCC Rcd at 9351, para. 75. 161 GSO ESIM Report & Order, 33 FCC Rcd 9327. 168 Viasat NPRM Reply Comments at 7–8. 174 Id. (emphasis added).

VerDate Sep<11>2014 16:42 Jul 23, 2020 Jkt 250001 PO 00000 Frm 00098 Fmt 4700 Sfmt 4700 E:\FR\FM\24JYR1.SGM 24JYR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations 44783

stated that an application would need to Information and Regulatory Affairs, Second Report and Order in IB Docket certify that ‘‘an individual ESIM Office of Management and Budget, No. 17–95 and Report and Order in IB transmitter ’’ meets these concurs that these rules are non-major Docket No. 18–315 to Congress and the requirements.175 The revisions here under the Congressional Review Act, 5 Government Accountability Office conform the text of the rule to the U.S.C. 804(2). The Commission will pursuant to the Congressional Review language of the Order regarding send a copy of this Second Report and Act, see 5 U.S.C. 801(a)(1)(A). ‘‘systems,’’ and therefore they are Order in IB Docket No. 17–95 and editorial and non-substantive Report and Order in IB Docket 18–315 List of Subjects changes.176 and Further Notice of Proposed 47 CFR Part 2 Final Regulatory Flexibility Analysis. Rulemaking to Congress and the Pursuant to the Regulatory Flexibility Government Accountability Office Radio, Table of frequency allocations. Act of 1980, as amended, 5 U.S.C. 601 pursuant to 5 U.S.C. 801(a)(1)(A). 47 CFR Part 25 et seq. (RFA), the Commission’s Final Regulatory Flexibility Analysis (FRFA) Ordering Clauses Administrative practice and on the possible significant economic It Is Ordered, pursuant to sections procedure, Earth stations, Satellites. impact on small entities of the policies 4(i), 7(a), 303, 308(b), and 316 of the Federal Communications Commission. and rules was addressed in this Second Communications Act of 1934, as Marlene Dortch, Report and Order in IB Docket No. 17– amended, 47 U.S.C. 154(i), 157(a), 303, Secretary. 95 and Report and Order in IB Docket 308(b), 316, that this Second Report and No. 18–315,. The Commission’s Order in IB Docket No. 17–95 and Final Rules Consumer and Governmental Affairs Report and Order in IB Docket No. 18– For the reasons discussed in the Bureau, Reference Information Center, 315 Is Adopted, the policies, rules, and preamble, the Federal Communications will send a copy of this Second Report requirements discussed herein Are Commission amends 47 CFR parts 2 and and Order in IB Docket No. 17–95 and Adopted, and parts 2 and 25 of the 25 as follows: Report and Order in IB Docket 18–315, Commission’s rules Are Amended as set including the FRFA, to the Chief forth in Appendix B. PART 2—FREQUENCY ALLOCATIONS Counsel for Advocacy of the Small It Is Further Ordered that the rules AND RADIO TREATY MATTERS; Business Administration (SBA). and requirements adopted in the Second GENERAL RULES AND REGULATIONS Paperwork Reduction Act. This Report and Order in IB Docket No. 17– document does not contain new or 95 and Report and Order in IB Docket ■ 1. The authority citation for part 2 modified information collection No. 18–315 Will Become Effective 30 continues to read as follows: days from the date of publication in the requirements subject to the Paperwork Authority: 47 U.S.C. 154, 302a, 303, and Reduction Act of 1995 (PRA), Public Federal Register. 336, unless otherwise noted. Law 104–13. In addition, therefore, it It Is Further Ordered that the does not contain any new or modified Commission’s Consumer and ■ 2. Section 2.106, the Table of information collection burden for small Governmental Affairs Bureau, Reference Frequency Allocations, is amended as business concerns with fewer than 25 Information Center, Shall Send a copy follows: employees, pursuant to the Small of this Second Report and Order in IB ■ a. Pages 52 and 53 are revised. Business Paperwork Relief Act of 2002, Docket No. 17–95 and Report and Order ■ b. In the list of Non-Federal Public Law 107–198, see 44 U.S.C. in IB Docket No. 18–315 and Further Government (NG) footnotes, footnote 3506(c)(4). Notice of Proposed Rulemaking, NG527A is revised. Congressional Review Act. The including the Final and Initial The revisions and additions read as Commission has determined, and the Regulatory Flexibility Analyses, to the follows: Administrator of the Office of Chief Counsel for Advocacy of the Small Business Administration. § 2.106 Table of Frequency Allocations. 175 See, e.g., 47 CFR 25.115(l)(3)(i). It Is Further Ordered that the * * * * * 176 See Appendix B, Final Rules. Commission, Shall Send a copy of this BILLING CODE 6712–01–P

VerDate Sep<11>2014 16:42 Jul 23, 2020 Jkt 250001 PO 00000 Frm 00099 Fmt 4700 Sfmt 4700 E:\FR\FM\24JYR1.SGM 24JYR1 jbell on DSKJLSW7X2PROD with RULES 44784 Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations

VerDate Sep<11>2014 16:42 Jul 23, 2020 Jkt 250001 PO 00000 Frm 00100 Fmt 4700 Sfmt 4725 E:\FR\FM\24JYR1.SGM 24JYR1 jbell on DSKJLSW7X2PROD with RULES ER24JY20.000 Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations 44785

BILLING CODE 6712–01–C

VerDate Sep<11>2014 16:42 Jul 23, 2020 Jkt 250001 PO 00000 Frm 00101 Fmt 4700 Sfmt 4700 E:\FR\FM\24JYR1.SGM 24JYR1 jbell on DSKJLSW7X2PROD with RULES ER24JY20.001 44786 Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations

* * * * * Earth Station Aboard Aircraft (ESAA). pursuant to paragraphs (g)(1)(i) through Non-Federal Government (NG) Footnotes An earth station operating aboard an (vi) of this section. aircraft that receives from and transmits * * * * * * * * * * to Fixed-Satellite Service space stations. NG527A Earth Stations in Motion (ESIMs), (l) * * * as regulated under 47 CFR part 25, are an * * * * * (3) * * * application of the fixed-satellite service (FSS) Earth Station on Vessel (ESV). An (i) ESIM applicants that meet the and the following provisions shall apply: earth station onboard a craft designed relevant off-axis EIRP density mask (a) In the bands 10.7–11.7 GHz, 19.3–19.4 for traveling on water, receiving from must certify that an ESIM system is self- GHz, and 19.6–19.7 GHz (space-to-Earth), and transmitting to Fixed-Satellite monitoring and capable of automatically ESIMs may be authorized for the reception of Service space stations. ceasing or reducing emissions within FSS emissions from geostationary and non- 100 milliseconds if the ESIM transmitter geostationary satellites, subject to the * * * * * conditions that these earth stations may not Routine processing or licensing. exceeds the relevant off-axis EIRP claim protection from transmissions of non- Expedited processing of unopposed density limits. ESIM applicants that do Federal stations in the fixed service and that applications for earth stations in the not meet the relevant off-axis EIRP non-geostationary-satellite systems not cause FSS communicating with GSO space density mask must provide a detailed unacceptable interference to, or claim showing that an ESIM system is self- protection from, geostationary-satellite stations that satisfy the criteria in § 25.211(d), § 25.212(c) through (f), or monitoring and capable of automatically networks. ceasing or reducing emissions within (b) In the bands 11.7–12.2 GHz (space-to- § 25.218, include all required Earth), 14.0–14.5 GHz (Earth-to-space), 18.3– information, are consistent with all 100 milliseconds if the ESIM transmitter 18.8 GHz (space-to-Earth), 19.7–20.2 GHz Commission rules, and do not raise any exceeds the relevant off-axis EIRP (space-to-Earth), 28.35–28.6 GHz (Earth-to- policy issues. Some, but not all, routine density limits. Variable-power ESIM space), and 29.25–30.0 GHz (Earth-to-space), earth station applications are eligible for applicants must certify that one or more ESIMs may be authorized to communicate an autogrant procedure under transmitters are capable of automatically with geostationary satellites on a primary § 25.115(a)(3). ceasing or reducing emissions within basis. 100 milliseconds of receiving a * * * * * (c) In the bands 11.7–12.2 GHz (space-to- command to do so from the system’s Earth), 14.0–14.5 GHz (Earth-to-space), 18.3– Vehicle-Mounted Earth Station network control and monitoring center, 18.6 GHz (space-to-Earth), 19.7–20.2 GHz (VMES). An earth station, operating if the aggregate off axis EIRP densities (space-to-Earth), 28.4–28.6 GHz (Earth-to- from a motorized vehicle that travels of the transmitter or transmitters exceed space), and 29.5–30.0 GHz (Earth-to-space), primarily on land, that receives from ESIMs may be authorized to communicate the relevant off-axis EIRP density limits. and transmits to Fixed-Satellite Service with non-geostationary satellites, subject to * * * * * the condition that non-geostationary-satellite space stations and operates within the United States. (m) * * * systems may not cause unacceptable (3) * * * interference to, or claim protection from, ■ 4. Amend § 25.115 by revising (i) ESIM applicants that meet the geostationary-satellite networks. paragraphs (f), (g)(1)(vii), (l)(3)(i), (d) In the band 17.8–18.3 GHz (space-to- relevant off-axis EIRP density mask (m)(3)(i), and (n)(3)(i), and adding must certify that an ESIM system is self- Earth), ESIMs may be authorized for the paragraph (o) to read as follows: reception of FSS emissions from monitoring and capable of automatically geostationary and non-geostationary satellites § 25.115 Applications for earth station ceasing or reducing emissions within on a secondary basis, subject to the condition authorizations. 100 milliseconds if the ESIM transmitter that non-geostationary-satellite systems not * * * * * exceeds the relevant off-axis EIRP cause unacceptable interference to, or claim density limits. ESIM applicants that do protection from, geostationary-satellite (f) NGSO FSS earth stations in 10.7– networks. 30.0 GHz. (1) An application for an not meet the relevant off-axis EIRP (e) In the bands 18.8–19.3 GHz and 28.6– NGSO FSS earth station license in the density mask must provide a detailed 29.1 GHz, ESIMs may be authorized to 10.7–30.0 GHz band must include the showing that an ESIM system is self- communicate with geostationary and non- certification described in § 25.146(a)(2). monitoring and capable of automatically geostationary satellites, subject to the (2) Individual or blanket license ceasing or reducing emissions within condition that geostationary-satellite applications may be filed for operation 100 milliseconds if the ESIM transmitter networks may not cause unacceptable in the 10.7–12.7 GHz, 14–14.5 GHz, exceeds the relevant off-axis EIRP interference to, or claim protection from, density limits. Variable-power ESIM non-geostationary satellite systems in the 17.8–18.6 GHz, 18.8–19.4 GHz, 19.6– fixed-satellite service. 20.2 GHz, 28.35–29.1 GHz, or 29.5–30.0 applicants must certify that one or more GHz bands; however, ESIMs cannot transmitters are capable of automatically PART 25—SATELLITE operate in the 28.35–28.4 GHz band and ceasing or reducing emissions within COMMUNICATIONS blanket licensing in the 10.7–11.7 GHz, 100 milliseconds of receiving a 17.8–18.3 GHz, 19.3–19.4 GHz, and command to do so from the system’s ■ 3. The authority citation for part 25 19.6–19.7 GHz bands is on an network control and monitoring center, continues to read as follows: unprotected basis with respect to if the aggregate off axis EIRP densities Authority: 47 U.S.C. 154, 301, 302, 303, current and future systems operating in of the transmitter or transmitters exceed 307, 309, 310, 319, 332, 605, and 721, unless the fixed service. the relevant off-axis EIRP density limits. otherwise noted. (3) Individual license applications * * * * * ■ 4. Amend § 25.103 by revising the only may be filed for operation in the (n) * * * definitions of ‘‘Earth Station on Vessel,’’ 12.75–13.15 GHz, 13.2125–13.25 GHz, (3) * * * ‘‘Earth Stations Aboard Aircraft,’’ 13.75–14 GHz, or 27.5–28.35 GHz (i) ESIM applicants that meet the ‘‘Routine processing or licensing,’’ and bands. relevant off-axis EIRP density mask ‘‘Vehicle-Mounted Earth Station’’ to (g) * * * must certify that an ESIM system is self- read as follows: (1) * * * monitoring and capable of automatically (vii) The relevant off-axis EIRP ceasing or reducing emissions within § 25.103 Definitions. density envelopes in § 25.218 must be 100 milliseconds if the ESIM transmitter * * * * * superimposed on plots submitted exceeds the relevant off-axis EIRP

VerDate Sep<11>2014 16:42 Jul 23, 2020 Jkt 250001 PO 00000 Frm 00102 Fmt 4700 Sfmt 4700 E:\FR\FM\24JYR1.SGM 24JYR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations 44787

density limits. ESIM applicants that do 18.3–18.8 GHz (space-to-Earth) signal with bandwidths greater than 200 not meet the relevant off-axis EIRP 18.8–19.3 GHz (space-to-Earth) kHz. density mask must provide a detailed 19.3–19.4 GHz (space-to-Earth) * * * * * showing that an ESIM system is self- 19.6–19.7 GHz (space-to-Earth) (j) Applications for authority for fixed monitoring and capable of automatically 19.7–20.2 GHz (space-to-Earth) earth station operation in the ceasing or reducing emissions within 28.35–28.6 GHz (Earth-to-space) conventional C-band, extended C-band, 100 milliseconds if the ESIM transmitter 28.6–29.1 GHz (Earth-to-space) conventional Ku-band, extended Ku- exceeds the relevant off-axis EIRP 29.25–30.0 GHz (Earth-to-space) band, conventional Ka-band, or 24.75– density limits. Variable-power ESIM (ii) The following frequencies are 25.25 GHz that do not qualify for applicants must certify that one or more available for use by Earth Stations in routine processing under relevant transmitters are capable of automatically Motion (ESIMs) communicating with criteria in this section, § 25.211, or ceasing or reducing emissions within NGSO FSS space stations, subject to the § 25.212 are subject to the requirements 100 milliseconds of receiving a provisions in § 2.106 of this chapter: in § 25.220. command to do so from the system’s 10.7–11.7 GHz (space-to-Earth) ■ 8. Amend § 25.228 by revising network control and monitoring center, paragraphs (a), (b), (c), (e)(1), and if the aggregate off axis EIRP densities 11.7–12.2 GHz (space-to-Earth) 14.0–14.5 GHz (Earth-to-space) paragraph (j) introductory text to read as of the transmitter or transmitters exceed follows: the relevant off-axis EIRP density limits. 17.8–18.3 GHz (space-to-Earth) * * * * * 18.3–18.6 GHz (space-to-Earth) § 25.228 Operating and coordination (o) The requirements in this 18.8–19.3 GHz (space-to-Earth) requirements for earth stations in motion paragraph apply to applications for 19.3–19.4 GHz (space-to-Earth) (ESIMs). ESIMs operation with NGSO satellites 19.6–19.7 GHz (space-to-Earth) (a) GSO FSS ESIM transmissions must in the Fixed-Satellite Service, in 19.7–20.2 GHz (space-to-Earth) comport with the applicable EIRP addition to the requirements in 28.4–28.6 GHz (Earth-to-space) density limits in § 25.218, unless paragraphs (a)(1), (a)(5), and (i) of this 28.6–29.1 GHz (Earth-to-space) coordinated pursuant to the section: 29.5–30.0 GHz (Earth-to-space) requirements in § 25.220. (1) An exhibit describing the * * * * * (b) Each FSS ESIM must be self- geographic area(s) in which the ESIMs ■ 6. Amend § 25.209 by revising monitoring and, should a condition will operate and the location of hub paragraph (f) to read as follows: occur that would cause the ESIMs to and/or gateway stations. exceed its authorized off-axis EIRP (2) The point of contact information § 25.209 Earth station antenna density limits in the case of GSO FSS referred to in § 25.228(e)(2), (f), or (g)(1) performance standards. ESIMs or any emission limits included as appropriate. * * * * * in the licensing conditions in the case (3) Applicants for ESIMs that will (f) A GSO FSS earth station with an of NGSO FSS ESIMs, the ESIM must exceed the guidelines in § 1.1310 of this antenna that does not conform to the automatically cease transmissions chapter for radio frequency radiation applicable standards in paragraphs (a) within 100 milliseconds, and not exposure must provide, with their and (b) of this section will be authorized resume transmissions until the environmental assessment, a plan for only if the applicant demonstrates that condition that caused the ESIM to mitigation of radiation exposure to the the antenna will not cause unacceptable exceed those limits is corrected. extent required to meet those interference. This demonstration must (c) Each FSS ESIM must be monitored guidelines. show that the transmissions of the earth and controlled by a network control and * * * * * station comport with the requirements monitoring center (NCMC) or equivalent ■ 5. Amend § 25.202 by revising in § 25.218 or the applicant must facility. Each ESIM must comply with a paragraph (a)(8), adding paragraphs demonstrate that the operations of the ‘‘disable transmission’’ command from (a)(10)(i) and (ii) and by removing and earth station have been coordinated the NCMC within 100 milliseconds of reserving paragraph (a)(11) as follows: under § 25.220. receiving the command. In addition, the * * * * * NCMC must monitor the operation of § 25.202 Frequencies, frequency tolerance, each ESIM in its network, and transmit ■ and emission limits. 7. Amend § 25.218 by revising a ‘‘disable transmission’’ command to (a) * * * paragraphs (a) and (j) to read as follows: any ESIM that operates in such a way (8) The following frequencies are § 25.218 Off-axis EIRP density envelopes as to exceed the authorized off-axis EIRP available for use by Earth Stations on for FSS earth stations transmitting in density limit for GSO FSS ESIMs or any Vessels (ESVs) communicating with certain frequency bands. emission limits included in the GSO FSS space stations, subject to the (a) This section applies to licensing conditions in the case of provisions in § 2.106 of this chapter: applications for fixed and temporary- NGSO FSS ESIMs. The NCMC must not 3700–4200 MHz (space-to-Earth) fixed FSS earth stations transmitting to allow the ESIM(s) under its control to 5925–6425 MHz (Earth-to-space) geostationary space stations in the resume transmissions until the * * * * * conventional C-band, extended C-band, condition that caused the ESIM(s) to (10) * * * conventional Ku-band, extended Ku- exceed the authorized EIRP density (i) The following frequencies are band, conventional Ka-band, or 24.75– limits is corrected. available for use by Earth Stations in 25.25 GHz and applications for ESIMs * * * * * Motion (ESIMs) communicating with transmitting in the conventional C-band, (e) * * * GSO FSS space stations, subject to the conventional Ku-band, or conventional (1) ESV operators must control all provisions in § 2.106 of this chapter: Ka-band, except for applications ESVs by a NCMC or equivalent facility 10.7–11.7 GHz (space-to-Earth) proposing transmission of analog located in the United States, except that 11.7–12.2 GHz (space-to-Earth) command signals at a band edge with an ESV on U.S.-registered vessels may 14.0–14.5 GHz (Earth-to-space) bandwidths greater than 1 MHz or operate under control of a NCMC 17.8–18.3 GHz (space-to-Earth) transmission of any other type of analog location outside the United States

VerDate Sep<11>2014 16:42 Jul 23, 2020 Jkt 250001 PO 00000 Frm 00103 Fmt 4700 Sfmt 4700 E:\FR\FM\24JYR1.SGM 24JYR1 jbell on DSKJLSW7X2PROD with RULES 44788 Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations

provided the ESV operator maintains a registered vessel to cease transmitting if satellites in the Fixed-Satellite Service point of contact within the United necessary. in the 14.0–14.5 GHz band. States that will have the capability and * * * * * * * * * * authority to cause an ESV on a U.S.- (j) The following requirements govern [FR Doc. 2020–13783 Filed 7–23–20; 8:45 am] all ESIMs transmitting to GSO or NGSO BILLING CODE 6712–01–P

VerDate Sep<11>2014 16:42 Jul 23, 2020 Jkt 250001 PO 00000 Frm 00104 Fmt 4700 Sfmt 9990 E:\FR\FM\24JYR1.SGM 24JYR1 jbell on DSKJLSW7X2PROD with RULES