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April 1, 2021 FCC FACT SHEET* Allocation of Spectrum for Non April 1, 2021 FCC FACT SHEET* Allocation of Spectrum for Non-Federal Space Launch Operations; Amendment of Part 2 of the Commission’s Rules for Federal Earth Stations Communicating with Non-Federal Fixed Satellite Service Space Stations; and Federal Space Station Use of the 399.9-400.05 MHz band Report and Order and Further Notice of Proposed Rulemaking, ET Docket No. 13-115, RM-11341 Background: The United States is poised to be a world leader in space exploration and commercialization with many activities increasingly being shifted from government to the private sector. Reliable communication is an essential part of these space-based activities and the U.S. space industry’s leadership. Currently, commercial space launch operators must obtain a grant of Special Temporary Authority (STA) under Part 5 of the Commission’s rules in order to access the required spectrum for their communications needs for each launch operation. In 2013, the Commission issued a Notice of Proposed Rulemaking and Notice of Inquiry (2013 NPRM) that proposed several new allocations for commercial space launch operations, as well as expanded Federal access to commercial satellites and increased flexibility for Federal satellite operations in certain frequency bands. If adopted, the Report and Order and Further Notice of Proposed Rulemaking would be the first step in enabling the Commission to issue licenses for spectrum use during commercial space launches. What the Report and Order Would Do: • Propose to add a secondary non-Federal Space Operation allocation to the 2200-2290 MHz band through use of an Allocation Table footnote. o The footnote will limit use of this allocation to pre-launch testing and space launch operations in four five-megahertz sub-bands and require coordination with NTIA prior to each launch. What the Further Notice of Proposed Rulemaking Would Do: • Seek comment on adopting primary non-Federal allocations in the 420-430 MHz, 2025-2110 MHz, and 5650-5925 MHz bands for use during commercial space launches. • Seek comment on adding a non-Federal Mobile allocation to the 2200-2290 MHz band, removing the limitation to four sub-bands for non-Federal operations, and upgrading the non-Federal Space Operation allocation from secondary to primary. • Propose service rules for commercial space launch operations in all of these frequency bands. o These service rules include licensing and technical rules, as well as coordination procedures with other services that share these bands. • Refresh the record on proposals in the 2013 NPRM to evaluate opportunities for increased Federal access to non-Federal frequencies through either new allocations or footnotes to the Allocation Table. • Seek additional comment on a proposal in the 2013 NPRM to remove a restriction in an Allocation Table footnote prohibiting Federal satellites in the 399.9-400.05 MHz band, which has Federal and non-Federal Mobile Satellite Service allocations. * This document is being released as part of a “permit-but-disclose” proceeding. Any presentations or views on the subject expressed to the Commission or its staff, including by email, must be filed in ET Docket No. 13-115, which may be accessed via the Electronic Comment Filing System (https://www.fcc.gov/ecfs/). Before filing, participants should familiarize themselves with the Commission’s ex parte rules, including the general prohibition on presentations (written and oral) on matters listed on the Sunshine Agenda, which is typically released a week prior to the Commission’s meeting. See 47 CFR § 1.1200 et seq. Federal Communications Commission FCC-CIRC2104-02 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Allocation of Spectrum for Non-Federal Space ) ET Docket No. 13-115 Launch Operations ) ) Amendment of Part 2 of the Commission’s Rules ) RM-11341 for Federal Earth Stations Communicating with ) Non-Federal Fixed Satellite Service Space Stations; ) and ) ) Federal Space Station Use of the 399.9-400.05 ) MHz Band ) REPORT AND ORDER AND FURTHER NOTICE OF PROPOSED RULEMAKING* Adopted: [] Released: [] Comments Date: [30 days after date of publication in the Federal Register] Reply Comment Date: [60 days after date of publication in the Federal Register] By the Commission: TABLE OF CONTENTS Heading Paragraph # I. INTRODUCTION .................................................................................................................................. 1 II. BACKGROUND .................................................................................................................................... 3 III. REPORT AND ORDER ...................................................................................................................... 11 IV. FURTHER NOTICE OF PROPOSED RULEMAKING ..................................................................... 37 A. Non-Federal Allocations for the 420-430 MHz, 2025-2110 MHz, 2200-2290 MHz, and 5650-5925 MHz Bands .................................................................................................................. 38 B. Licensing and Technical Rules for Space Launch Operations ....................................................... 60 1. Licensing Rules for Space Launch Operations ....................................................................... 66 a. Scope of Service ............................................................................................................... 66 * This document has been circulated for tentative consideration by the Commission at its April 2021 open meeting. The issues referenced in this document and the Commission’s ultimate resolution of those issues remain under consideration and subject to change. This document does not constitute any official action by the Commission. However, the Acting Chairwoman has determined that, in the interest of promoting the public’s ability to understand the nature and scope of issues under consideration, the public interest would be served by making this document publicly available. The FCC’s ex parte rules apply and presentations are subject to “permit-but-disclose” ex parte rules. See, e.g., 47 CFR §§ 1.1206, 1.1200(a). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules, including the general prohibition on presentations (written and oral) on matters listed on the Sunshine Agenda, which is typically released a week prior to the Commission’s meeting. See 47 CFR §§ 1.1200(a), 1.1203. Federal Communications Commission FCC-CIRC2104-02 b. Eligibility .......................................................................................................................... 72 c. Shared Frequency Use and Cooperative Use of Facilities ................................................ 74 d. Site-Based and Other Licensing........................................................................................ 77 e. Authorized bandwidth ....................................................................................................... 81 f. License Term and Renewal ............................................................................................... 83 g. Application Process .......................................................................................................... 86 h. Frequency Coordination ................................................................................................... 98 2. Technical Rules for Space Launch Operations ..................................................................... 108 a. 2200-2290 MHz .............................................................................................................. 113 b. 420-430 MHz .................................................................................................................. 120 c. 2025-2110 MHz .............................................................................................................. 126 d. 5650-5925 MHz .............................................................................................................. 131 e. 2360-2395 MHz .............................................................................................................. 136 f. Equipment Authorization ................................................................................................ 138 C. Licensing and Operating Rules for Payload Activities ................................................................ 139 D. Launch Vehicle-Satellite Communications ................................................................................. 145 E. Expanded Federal Use of the non-Federal FSS and MSS Bands ................................................. 146 F. Federal Space Stations in the 399.9-400.05 MHz MSS Band ..................................................... 152 V. PROCEDURAL MATTERS .............................................................................................................. 157 VI. ORDERING CLAUSES ..................................................................................................................... 166 APPENDIX A—FINAL RULES APPENDIX B—FINAL REGULATORY FLEXIBILITY ANALYSIS APPENDIX C—LIST OF COMMENTERS APPENDIX D—PROPOSED RULES APPENDIX E—INITIAL REGULATORY FLEXIBILITY ANALYSIS I. INTRODUCTION 1. The United States has long been a leader in space exploration and development, which supports important national interests in national security, economic prosperity, and scientific advancement. While the nation initially relied primarily on the resources
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