Federal Communications Commission DA 21-941 Report No. SPB-288 DA 21-941 Released: August 4, 2021 SATELLITE POLICY BRANCH INFORMATION CUT-OFF ESTABLISHED FOR ADDITIONAL NGSO-LIKE SATELLITE SYSTEMS IN THE 37.5-40.0 GHz, 40.0-42.0 GHz, 47.2-50.2 GHz, AND 50.4-51.4 GHz BANDS The Satellite Division initiates a new processing round for additional applications and petitions for declaratory ruling concerning operations in the 37.5-40.0 GHz, 40.0-42.0 GHz, 47.2-50.2 GHz, and 50.4-51.4 GHz frequency bands, collectively the “V-band,” by non-geostationary orbit fixed-satellite service (NGSO FSS) systems, pursuant to section 25.157 of the Commission’s rules. 47 CFR § 25.157. These frequency bands were the subject of a prior processing round public notice and filing deadline. See, e.g., Boeing Application Accepted for Filing in Part; Cut-off Established for Additional NGSO-Like Satellite Applications or Petitions for Operations in the 37.5-40.0 GHz, 40.0-42.0 GHz, 47.2-50.2 GHz, and 50.4-51.4 GHz Bands, Public Notice, 31 FCC Rcd 11957 (IB Nov. 1, 2016) (setting a March 1, 2017 deadline for additional applications). AST&Science LLC (AST&Science), Mangata Networks LLC (Mangata) and Viasat, Inc. (Viasat) have filed petitions concerning operations in these frequency bands. These requests, described below, were filed after the deadlines established for the prior processing round. AST&Science requests market access for its planned constellation of 243 space stations, with the request limited at this time to FSS operations in the United States to support a mobile-satellite service (MSS). See IBFS File Nos. SAT-PDR-20200413-00034, SAT-APL-20200727-00088, SAT-APL-20201028-00126. AST&Science plans to operate with U.S. gateway earth stations using the following frequencies: 37.5-42.5 GHz (space-to-Earth); 45.5-47.0 GHz, 47.2-50.2 GHz, and 50.4-51.4 GHz (Earth-to-space) frequency bands. See IBFS File No. SAT-APL-20201028-00126. AST&Science requests a waiver of the processing round rules. IBFS File No. SAT-PDR-20200413-00034, Petition for Declaratory Ruling at 11-12. This request will be considered in connection with any further action on this application. Mangata requests U.S. market access for its planned constellation of 791 space stations, providing FSS and MSS. See IBFS File No. SAT-PDR-20200526-00054. Mangata plans to operate FSS using the following frequencies: 37.5-39.5 GHz, 39.5-42.5 (space-to-Earth); and 47.2-50.2 GHz and 50.4-51.4 GHz (Earth-to-space) frequency bands. Viasat requests modification of the terms of its grant of U.S. market access for its NGSO satellite constellation to include the provision of FSS in the 37.5-42.0 GHz (space-to-Earth); and 47.2-50.2 GHz and 50.4-51.4 GHz (Earth-to-space) frequency bands. See IBFS File No. SAT-MPL-20200526-00056. ViaSat requests that its modification be treated as part of the prior V-Band Processing Round, under which the Commission granted ViaSat’s initial request to provide U.S. market access. Id., Exhibit A, Description of Modification at 3-4. This request will be considered in connection with any further action on this application. All three petitions have previously been accepted for filing and the comment periods have closed. Accordingly, the Satellite Division does not seek further comment on these petitions at this time. This processing round is specifically limited to the 37.5-40.0 GHz and 40.0-42.0 GHz (space-to-Earth), and 47.2-50.2 GHz and 50.4-51.4 GHz (Earth-to-space) frequency bands, which are allocated for non-Federal government use on a primary basis. We are not setting a deadline for, or inviting additional applications, for the 45.5-47.0 GHz (Earth-to-space) frequency band requested by AST&Science, and the 42.0-42.5 GHz (space-to-Earth) frequency band requested by Mangata. These frequency bands are not allocated for non-Federal FSS. AST&Science and Viasat inclusions in this new processing round are provisional because both applicants have requested either a waiver of the processing round rules or inclusion in the prior V-band processing round. We will consider these requests as part of our consideration of the AST&Science and Viasat applications. Additional Applications. We invite additional applications and petitions for declaratory ruling for NGSO satellite operations in the 37.5-40.0 GHz, 40.0-42.0 GHz, 47.2-50.2 GHz and 50.4-51.4 GHz bands. Applications and petitions filed by November 4, 2021 will be considered together in this processing round. Requests filed after this date may not be entitled to shared use of this spectrum with equal status with respect to any grant of applications or petitions filed prior to the cut-off date for this new processing round. Applications must be filed electronically through IBFS at http://licensing.fcc.gov/myibfs. Ex Parte Status. The above-listed applications are subject to the “permit-but-disclose” provisions of the Commission’s rules governing ex parte communications. 47 CFR § 1.1206. To provide for uniformity of treatment and consistent with previous Public Notices initiating proceeding rounds, we will also treat any other applications considered in this processing round under the “permit-but-disclose” provisions of the ex parte rules. Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s written comments, memoranda, or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). Participants in these proceedings should familiarize themselves with the Commission’s ex parte rules. -FCC- 2