*Pages 1--127 from Microsoft Word - 37106* Federal Communications Commission FCC 04- 74 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Amendment of Parts 2, 25, and 73 of the Commission’s Rules to Implement Decisions from the World Radiocommunication Conference (Geneva, 2003) (WRC- 03) Concerning Frequency Bands Between 5900 kHz and 27.5 GHz and to Otherwise Update the Rules in this Frequency Range ) ) ) ) ) ) ) ) ) ET Docket No. 04- 139 NOTICE OF PROPOSED RULEMAKING Adopted: March 29, 2004 Released: March 31, 2004 Comment Date: 30 days from date of publication in the Federal Register. Reply Comment Date: 45 days from date of publication in the Federal Register. By the Commission: TABLE OF CONTENTS Paragraph I. INTRODUCTION……………………………………………………………………………………... 1 II. BACKGROUND………………………………………………………………………………............. 3 III. DISCUSSION………………………………………………………………………………………..... 9 A. International Broadcast Stations…………………………………………………………………... 9 B. 7 MHz Realignment……………………………………………………………………………… 22 C. Space Radiocommunication Services……………………………………………………………. 32 1. SRS Uplinks at 7145- 7235 MHz…………………………………………………………….. 33 2. SRS at 14.8- 15.35 GHz……………………………………………………………………… 40 3. SRS and EESS Downlinks at 25.5- 27 GHz and ISS at 25.25- 27.5 GHz……………………. 49 4. EESS (active) at 432- 438 MHz……………………………………………………………… 65 D. RNSS Allocations……………………………………………………………………………....... 72 1. RNSS at 960- 1300 MHz…………………………………………………………………….. 73 2. RNSS at 5000- 5030 MHz…………………………………………………………………… 84 E. Little LEO Feeder Link Spectrum……………………………………………………………….. 90 F. Radiolocation Upgrade in the Band 2900- 3100 MHz………………………………………….... 99 G. Terms, Definitions, and Editorial Amendments………….…………………………………….. 105 IV. PROCEDURAL MATTERS……………………………………………………………………….. 109 A. Initial Regulatory Flexibility Analysis………………………………………………………….. 109 B. Ex Parte Rules – Permit- But- Disclose Proceeding…………………………………………….. 110 C. Comments……………………………………………………………………………………… 111 D. Contact Person………………………………………………………………………………….. 114 V. ORDERING CLAUSES…………………………………………………………………………..… 115 Appendix A: Proposed Rules Appendix B: Initial Regulatory Flexibility Analysis 1 Federal Communications Commission FCC 04- 74 4 6. The International Telecommunication Union (ITU), under the auspices of the United Nations, convened WRC- 03 from June 9 to July 4, 2003, in Geneva, Switzerland with over 140 countries participating. WRC- 2003 considered 48 conference agenda items concerning the deployment, growth and evolving use of a broad range of spectrum- based services. The allocation changes adopted by WRC- 03 directly impact Federal and non- Federal Government use of the radio spectrum. The actions taken at WRC- 03 were published as the WRC- 03 Final Acts and these actions will subsequently be codified in the ITU Radio Regulations. 10 We reflect the Table of Frequency Allocations, which is located in Article 5 of the ITU Radio Regulations, 11 in the first three columns of Section 2.106 of the Commission’s Rules as the International Table of Frequency Allocations (International Table). 12 7. Since July 4, 2003, we have taken several actions with regards to domestic implementation of the WRC- 03 Final Acts. Specifically, we have (1) allocated the band 108- 117. 975 MHz to differential global positioning system (DGPS) 13 stations for the specific purpose of transmitting DGPS information intended for aircraft navigation; 14 (2) broadened the secondary land mobile- satellite service allocation in the band 14- 14.5 GHz to a generic mobile- satellite service (MSS) allocation; 15 (3) made numerous allocation changes in the frequency range 5150- 5725 MHz, including making 255 megahertz of spectrum available for U- NII devices; 16 (4) made proposals for earth stations on board vessels (ESVs); 17 and (5) finalized the V- band allocations. 18 10 Specifically, the WRC- 2003 Final Acts make changes to the ITU Radio Regulations, Edition of 2001. 11 See ITU Radio Regulations, Article 5 (Frequency allocations), Section IV (Table of Frequency Allocations). 12 47C. F. R. § 2.106. The International Table is subdivided into the Region 1 Table (column 1), the Region 2 Table (column 2), and the Region 3 Table (column 3), and is included in the Commission’s Rules for informational purposes only. The International Table is described in 47 C. F. R. § 2. 104. 13 DGPS allows the user to correct for GPS errors and to increase the overall accuracy of the GPS receiver. With DGPS, one GPS receiver is placed at a known location and the position information from that receiver is used to calculate corrections in the position data transmitted by the satellites. This corrected information is then transmitted to other GPS receivers in the area. The resulting real- time accuracy is in the 10- meter range. Sub- meter accuracy can be obtained by using an additional DGPS and post- processing calculations in static positioning. See http:// www. magellangps. com/ en/ support/ products/ faqs/ faq_ gps. asp. 14 Review of Part 87 of the Commission’s Rules Concerning the Aviation Radio Service, WT Docket No. 01- 289, Report and Order and Further Notice of Proposed Rule Making, 18 FCC Rcd 21432 (2003) (Aviation R& O) at para. 85. We also authorized DGPS stations to operate in the band 1559- 1610 MHz. 15 Amendment of Parts 2, 25, and 87 of the Commission's Rules to Implement Decisions from World Radiocommunication Conferences Concerning Frequency Bands Between 28 MHz and 36 GHz and to Otherwise Update the Rules in this Frequency Range; and Amendment of Parts 2 and 25 of the Commission's Rules to Allocate Spectrum For Government and Non- Government Use in the Radionavigation- Satellite Service, ET Docket No. 02- 305 and RM- 10331, Report and Order, 18 FCC Rcd 23426 (2003) (Above 28 MHz R& O). 16 Revision of Parts 2 and 15 of the Commission’s Rules to Permit Unlicensed National Information Infrastructure (U- NII) Devices in the 5 GHz band, ET Docket No. 03- 122, Report and Order, 18 FCC Rcd 24484 (2003) (5 GHz R& O). 17 Procedures to Govern the Use of Satellite Earth Stations on Board Vessels in the 5925- 6425 MHz/ 3700- 4200 MHz Bands and 14. 0- 14. 5 GHz/ 11. 7- 12.2 GHz Bands, IB Docket No. 02- 10, Notice of Proposed Rule Making, 18 FCC Rcd 25248 (2003). 18 Allocation and Designation of Spectrum for Fixed- Satellite Services in the 37. 5- 38. 5 GHz, 40. 5- 41. 5 GHz and 48. 2- 50. 2 GHz Frequency Bands; Allocation of Spectrum to Upgrade Fixed and Mobile Allocations in the 40. 5- 42. 5 GHz Frequency Band; Allocation of Spectrum in the 46. 9- 47.0 GHz Frequency Band for Wireless Services; and (continued....) 4 Federal Communications Commission FCC 04- 74 5 8. On January 27, 2004, NTIA, on behalf of the Executive Branch agencies, forwarded its recommendations for the national implementation of the results from WRC- 03. 19 On February 20, 2004, NTIA supplemented its WRC- 03 Recommendations by addressing the EESS (active) at 432- 438 MHz. 20 In this Notice of Proposed Rule Making (Omnibus NPRM), we consider all remaining allocation changes that were made at WRC- 03. 21 III. DISCUSSION A. International Broadcast Stations 9. Background. International broadcast stations transmit on certain frequencies between 5900 kHz and 26100 kHz. 22 These stations can be received at great distances because their signals bounce off the ionosphere and rebound to Earth, often thousands of miles from their origination. Numerous factors affect the reception of these transmissions, including the time of day, climate, and atmospheric noise, as well as co- channel and adjacent channel interference from other international broadcast stations around the world. Unlike other broadcasting services where a licensee broadcasts on the same frequency at all times, international broadcasters are assigned frequencies in several bands and vary their transmitter frequency on a seasonal basis to account for changes in propagation conditions, changing programming needs, and interference conditions. The United States participates in international frequency coordination meetings to reduce potential harmful interference to and from foreign HF broadcasts. 10. Most international broadcast stations are operated by national governments. However, HFBC programs originating in the United States are provided by both Government and privately operated stations. 23 The Commission licenses international broadcast stations to private entities under Part 73, (... continued from previous page) Allocation of Spectrum in the 37. 0- 38. 0 GHz and 40. 0- 40.5 GHz for Government Operations, IB Docket No. 97- 95, Second Report and Order, 18 FCC Rcd 25428 (2003) (V- band Second R& O). 19 See NTIA Letter from Fredrick R. Wentland, Associate Administrator, Office of Spectrum Management, NTIA, United States Department of Commerce, to Edmond J. Thomas, Chief, Office of Engineering and Technology (OET), FCC, dated January 27, 2004 (NTIA WRC- 03 Recommendations). 20 See NTIA Letter from Fredrick R. Wentland, Associate Administrator, Office of Spectrum Management, NTIA, United States Department of Commerce, to Edmond J. Thomas, Chief, OET, FCC, dated February 20, 2004. 21 WRC- 03 allocated the band 14- 14.5 GHz to the MSS (Earth- to- space) on a secondary basis throughout the world. We have recently implemented this WRC- 03 allocation by broadening the non- Federal Government secondary allocation for the land mobile- satellite service (Earth- to- space) in the band 14- 14. 5 GHz to a MSS uplink allocation, while maintaining its secondary status. (MSS encompasses the land mobile- satellite service, the maritime mobile-satellite service, and the aeronautical mobile- satellite service (AMSS).) Above 28 MHz R& O at paras. 72- 78. Boeing has filed a petition for rule making concerning the use of the AMSS portion of this allocation. In its WRC- 03 Recommendations, NTIA requests that aircraft earth stations operating in the band 14- 14. 5 GHz be required to protect existing and future stations of the space research service in the band 14- 14.2 GHz and of the radio astronomy service in the band 14. 47- 14. 5 GHz. In RM- 10800, the Commission is considering service rules for AMSS use of the band 14- 14. 5 GHz. We believe it more appropriate to consider NTIA’s requested protection of incumbent services in the band 14- 14.5 GHz in that proceeding and therefore, will address this request in that future allocation and service rule proceeding. 22 47 C. F. R. § 73.701( a). 23 All U. S. Government and government sponsored, non- military, international broadcasting has been consolidated under the Broadcasting Board of Governors (BBG). BBG’s HF broadcasters are Radio Farda, Radio Free Asia, Radio Free Europe/ Radio Liberty, Radio Marti, Radio Sawa, and the Voice of America. For more information, see http:// www. bbg. gov/ index. cfm. 5 Federal Communications Commission FCC 04- 74 6 Subpart F of its Rules. 24 At present, there are 27 private sector licensees that are authorized to operate 67 HFBC transmitters. 25 While these private sector licensees may operate on either a commercial or a non- profit basis, most operate on a non- profit basis. 11. Currently, 2930 kilohertz of spectrum in eight HF frequency bands is allocated to the broadcasting service on a primary, exclusive basis throughout the world. 26 These bands are listed in the first column of Table 1, below. In addition, the band 7100- 7300 kHz is allocated to the broadcasting service on a primary, exclusive basis in ITU Regions 1 and 3. 27 Consistent with the outcome of WARC- 92, the U. S. allocated effective April 1, 2007, an additional 790 kilohertz of spectrum in ten frequency bands on a primary, exclusive basis to the HFBC service (WARC- 92 HFBC bands). 28 These bands are listed in the second column of Table 1, below. At WRC- 03, certain HFBC allocations were changed as part of a realignment at 7 MHz, which is discussed in detail in the next section. For completeness, the 7 MHz realignment is included in the second, third, and fourth columns in Table 1, below, in brackets. 24 47 C. F. R. Part 73, Subpart F-- International Broadcast Stations. 25 See http:// ftp. fcc. gov/ ib/ sand/ neg/ hf_ web/ stations. html. 26 On the condition that harmful interference is not caused to the broadcasting service, fixed stations communicating within national borders may continue to use frequencies in the bands 9775- 9900 kHz, 11650- 11700 kHz, and 11975- 12050 kHz. 47 C. F. R. § 2. 106, footnotes 5. 147 and US367. 27 In Region 2, the band 7100- 7300 kHz is allocated to the amateur service on a primary basis, but its use “shall not impose constraints on the broadcasting service intended for use within Region 1 and Region 3.” 47 C. F. R. § 2.106, footnote 5.142. 28 At the World Administrative Radio Conference for Dealing with Frequency Allocations in Certain Parts of the Spectrum (Malaga- Torremolinos, 1992) (WARC- 92), an additional 790 kilohertz of spectrum in ten frequency bands (WARC- 92 HFBC bands) were reallocated from the fixed and mobile services to HFBC, effective until April 1, 2007. Until that date, the WARC- 92 HFBC bands are allocated to the HFBC, fixed, and mobile services on a co- primary basis. After that date, on the condition that harmful interference is not caused to HFBC, fixed stations communicating within national borders may continue to use frequencies in the WARC- 92 HFBC bands. 47 C. F. R. § 2.106, footnotes 5.136, 5.143, 5.146, 5.151, and US366. See Amendment of Parts 2, 73, 74, 80, 90, and 97 of the Commission’s Rules to Implement Decisions from World Radiocommunication Conferences Concerning Frequency Bands Below 28000 kHz, ET Docket No. 02- 16, Report and Order, 18 FCC Rcd 3423 (2003) at paras. 11- 15. 6 Federal Communications Commission FCC 04- 74 7 Table 1: Exclusive International HFBC Allocations 8 existing bands that are allocated exclusively to HFBC on a worldwide basis 10 WARC- 92 HFBC bands, which become effective on April 1, 2007; and WRC- 03 HFBC allocation changes, which are shown in brackets Transition plan footnotes 10 bands that will be allocated exclusively to HFBC on a world-wide basis after March 29, 2009 5950- 6200 kHz 5900- 5950 kHz US366 5900- 6200 kHz [7100- 7300 kHz in Regions 1 and 3] [At WRC- 03, 7100- 7200 kHz was reallocated to the amateur service] [5.141C, 5.142] [Only 7200- 7300 kHz in Regions 1 and 3 after March 29, 2009] 7300- 7350 kHz USyyy [At WRC- 03, 7350- 7400 kHz was allocated on a worldwide basis to the HFBC on a co- primary basis with the fixed and land mobile services.] [5.143A, 5. 143B 5.143D] [7300- 7350 kHz expanded to 7300- 7400 kHz] [At WRC- 03, 7400- 7450 kHz was allocated to the HFBC on a co- primary basis with the fixed and land mobile services in Regions 1 & 3] [5.143A, 5. 143B] [7400- 7450 kHz becomes an exclusive HFBC band in Regions 1 and 3 on March 29, 2009] 9500- 9900 kHz 9400- 9500 kHz US366 9400- 9900 kHz 11650- 12050 kHz 11600- 11650 & 12050- 12100 kHz US366 11600- 12100 kHz 13600- 13800 kHz 13570- 13600 & 13800- 13870 kHz US366 13570- 13870 kHz 15100- 15600 kHz 15600- 15800 kHz US366 15100- 15800 kHz 17550- 17900 kHz 17480- 17550 kHz US366 17480- 17900 kHz 18900- 19020 kHz US366 18900- 19020 kHz 21450- 21850 kHz No change. N/ A 21450- 21850 kHz 25670- 26100 kHz No change. N/ A 25670- 26100 kHz 2930 kilohertz allocated exclusively to HFBC throughout the world, with an additional 200 kilohertz allocated only in Regions 1 and 3 An additional 790 kilohertz is allocated exclusively to the HFBC service throughout the world on April 1, 2007, at which time the exclusive HFBC global spectrum totals 3720 kilohertz, with an additional 200 kilohertz allocated only in Regions 1 and 3 Additional 50 kilohertz allocated exclusively to HFBC on March 29, 2009, at which time the exclusive HFBC spectrum totals 3770 kilohertz, with additional 150 kilohertz allocated only in Regions 1 and 3 12. Prior to WRC- 03, footnote 5.134 stated that the use of the WARC- 92 HFBC bands was limited to SSB 29 with the characteristics specified in Appendix 11 30 or any other spectrum- efficient modulation techniques recommended by the ITU’s Radiocommunication Sector (ITU- R). That is, traditional double sideband (DSB) transmissions were to be prohibited in the WARC- 92 HFBC bands. However, the prohibition on DSB transmissions in the WARC- 92 HFBC bands was removed at WRC- 03. Specifically, footnote 5.134 was modified to read as follows: 31 29 DSB transmitters transmit the carrier frequency and both sidebands resulting from the modulation of the carrier by the modulating signal. Traditionally, double sideband (DSB) emissions have been used in HF broadcasting. In contrast, SSB transmission is the method of operation in which one sideband is transmitted and the other sideband is suppressed; the carrier wave may be either transmitted or suppressed. See The New IEEE Standard Dictionary of Electrical and Electronics Terms, Fifth Edition. 30 See WRC- 03 Final Acts, Appendix 11 (Rev. WRC- 03) (System specifications for double- sideband (DSB), single-sideband (SSB) and digitally modulated emissions in the HF broadcasting service). 31 WRC- 97 adopted Article 12 as a simple and flexible seasonal planning procedure for HFBC based on coordination. See Final Acts of the World Radiocommunication Conference (Geneva, 1997) (WRC- 97), Article 12. See also ITU Radio Regulations, Article 12. (Seasonal planning of the HF bands allocated to the broadcasting service between 5900 kHz and 26100 kHz). 7 Federal Communications Commission FCC 04- 74 8 5. 134 The use of the bands 5900- 5950 kHz, 7300- 7350 kHz, 9400- 9500 kHz, 11600- 11650 kHz, 12050- 12100 kHz, 13570- 13600 kHz, 13800- 13870 kHz, 15600- 15800 kHz, 17480- 17550 kHz and 18900- 19020 kHz by the broadcasting service as from 1 April 2007 is subject to the application of the procedure of Article 12. Administrations are urged to use these bands to facilitate the introduction of digitally modulated emissions in accordance with the provisions of Resolution 517 (Rev. WRC- 03). 13. In Resolution 517, WRC- 03 resolved that digitally modulated and SSB emissions must comply with the characteristics specified in relevant parts of Appendix 11. 32 Also, in Resolution 517, WRC- 03 resolved that whenever an administration replaces a DSB emission with an emission using digital or SSB modulation techniques, it shall ensure that the level of interference is not greater than that caused by the original DSB emission. 33 14. WRC- 03 also amended Article 23 (Broadcasting Services) by revising No. 23.12 to read as follows: Transmitting stations of the broadcasting service operating in the HF bands allocated to the broadcasting service, except the bands as referred to in No. 23. 6, shall meet the system specifications contained in Appendix 11. 34 Thus, all U. S.- licensed international broadcasters are required to meet the system specifications contained in Appendix 11 of the ITU Radio Regulations. Appendix 11 describes the system specifications for DSB, SSB, and digitally modulated emissions in the HFBC bands. In general, Appendix 11 establishes minimum technical standards that enhance spectrum sharing. We note, however, that our rules do not currently provide for SSB or digital operations nor do our Rules for DSB operations mirror the Appendix 11 requirements. 15. WRC- 03 also invited administrations to encourage the inclusion of digital modulation capability in all new HFBC transmitters put into service after January 1, 2004. 35 Recently, the ITU approved the use of the Digital Radio Mondiale (DRM) standard for broadcasting use in frequency bands below 30 MHz and some international broadcasters have begun DRM transmissions. 36 16. At the request of the Broadcasting Board of Governors (BBG), NTIA recommends that footnote 5.134 be added to the United States Table of Frequency Allocations (U. S. Table). 37 In ET Docket No. 02- 161, BBG stated that when the conditions of use in footnote 5.134 were first developed at 32 See WRC- 03 Final Acts, Resolution 517 (Rev. WRC- 03) (Introduction of digitally modulated and single- sideband emissions in the high- frequency bands between 5900 kHz and 26100 kHz allocated to the broadcasting services), resolves 2. See also WRC- 03 Final Acts, Appendix 11 (Rev. WRC- 03) (System specifications for double- sideband (DSB), single- sideband (SSB) and digitally modulated emissions in the HF broadcasting service). 33 See WRC- 03 Final Acts, Resolution 517 (Rev. WRC- 03), resolves 3. 34 See WRC- 03 Final Acts, Article 23, No. 23. 12. ITU Radio Regulation No. 23. 6 refers to broadcasting in the Tropical Zone, which is a type of broadcasting for internal national use in countries in the tropics. While the southernmost potions of the Continental United States and Hawaii are within the Tropical Zone, the Commission has not implemented this limited service. 35 See WRC- 03 Final Acts, Resolution 517. 36 See Draft New Recommendation ITU- R BS.[ Doc. 6/ 379], document 6/ BL/ 3- E, dated August 21, 2003. The DRM standard is more precisely IEC Standard 62272- 1, which is available in electronic form at ITU website: http:// www. itu. int/ md/ choice_ md. asp? id= R00- WP6E- C- 0284! P1! ZIP- E& lang= e& type= sitems. 37 47 C. F. R. § 2.106. The U. S. Table is described in 47 C. F. R. § 2. 105. 8 Federal Communications Commission FCC 04- 74 9 WARC- 92, the notion of making these frequency bands available only for SSB use was provisionally acceptable if periodic surveys indicated appropriate SSB receiver availability. 38 By WRC- 97, BBG stated that it became obvious that digital radio development would eclipse SSB in terms of efficient use of HFBC spectrum. WRC- 97 therefore modified footnote 5.134 to include digital types of modulation in addition to SSB, but DSB use was still restricted. Prior to WRC- 03, BBG stated that international broadcasters still had not adopted SSB techniques and an ITU report demonstrated extremely limited availability of SSB receivers. Consequently, because of the continued reliance on DSB, the BBG actively sought the flexibility to use DSB in the WARC- 92 HFBC bands as part of the United States’ preparation for WRC- 03. Finally, BBG stated that only when footnote 5.134 is modified to include DSB use in the WARC- 92 bands will it satisfactorily meet the needs of international broadcasters, and only then should it be implemented. 17. Proposal. As indicated above, prior to WRC- 03, footnote 5.134 had prohibited traditional DSB transmissions in the WARC- 92 HFBC bands. WRC- 03 modified footnote 5.134 to be more flexible to meet the needs of international broadcasters in that it permits the continued use of DSB transmissions as well as SSB in the WARC- 92 HFBC bands as HF broadcasters transition to digital technology. Accordingly, we propose to add modified footnote 5.134 to the U. S. Table. Similar to the requirements in all other HFBC bands, this action would require the use of seasonal planning for the WARC- 92 HFBC bands, which is codified in Article 12 of the ITU Radio Regulations. 18. Modified footnote 5.134 urges use of the WARC- 92 HFBC bands to facilitate the introduction of digitally modulated emissions in accordance with the provisions of revised Resolution 517. To ensure that HF broadcasters have sufficient flexibility, we therefore propose to update the Commission’s Rules for international broadcast stations, which are codified in Part 73, Subpart F, to allow for SSB and digital transmissions in the HFBC bands. 39 Specifically, so that there is no ambiguity regarding the rules with which HF broadcasters must comply, we propose to add to our rules the ITU requirements for DSB, SSB, and digital HFBC systems, which are listed in revised Appendix 11 of the ITU Radio Regulations. The specific language of our proposal is presented in Appendix A, Section 73.756. 19. The effect of these proposals would be to grant U. S.- licensed international broadcast stations the flexibility to continue to transmit analog DSB signals or to transmit SSB or digital signals, including DRM signals (currently the only ITU- recommended digital standard for use in HFBC bands), which would allow international broadcast stations to provide FM- like sound quality to listeners in foreign countries. Nonetheless, we request comment on whether the DRM standard should be required for digital transmissions. We observe that broadcasting, unlike many other radiocommunication services, is a mass media service and that for such a service, standards are often useful. 20. Currently, Section 73.751 of the Commission’s Rules states that no international broadcast station will be authorized to install, or be licensed for operation of, transmitter equipment with a rated carrier power of less than 50 kilowatts (kW). 40 The technical basis of this rule is that, given frequency congestion, an international broadcast station using DSB modulation needs to transmit with an output power of at least 50 kW in order to provide a signal that is strong enough to be received with low cost HFBC radios. We have previously waived this Rule in order to authorize licensees to operate SSB transmitters with 50 kW peak envelope power (PEP) because this power provides approximately the same 38 See letter from John O. Wood, BBG IRAC Representative, to Bruce A. Franca, Acting Chief, Office of Engineering and Technology, FCC, dated November 30, 2001, in ET Docket No. 02- 161. 39 47 C. F. R. Part 73, Subpart F (International Broadcast Stations). 40 47 C. F. R. § 73.751 (Operating power). 9 Federal Communications Commission FCC 04- 74 10 coverage area (even though this power is equivalent to only 15- 20 kW relative to a DSB transmitter). Likewise, one of the advantages of digital transmission is that a lower rated transmitter output power can serve the same geographic area as a higher power analog signal. One expert from a transmitter manufacturer has averred that an average power of 20 kW for DRM transmissions would provide approximately the same coverage as our Rule currently requires. Accordingly, we propose to revise Section 73.751 to codify these minimum operating powers for SSB and digital systems. See Appendix A for the proposed language for revised Section 73.751. 21. We request comment on all of the above proposals. In addition, we request comment on other needed changes to our Rules for international broadcast stations that are in compliance with ITU or other international standards. In particular, we ask whether our Rules should require the inclusion of the capability to offer digital modulation in all new HFBC transmitters put into service after the effective date of the Report and Order in this proceeding. B. 7 MHz Realignment 22. Background. The band 7000- 7100 kHz is allocated to the amateur and amateur- satellite services on a primary, exclusive basis throughout the world. 41 Further, the band 7100- 7300 kHz is allocated to the amateur service on a primary, exclusive basis in Region 2, including the United States. Prior to WRC- 03, the band 7100- 7300 kHz was allocated exclusively to the HFBC service in Regions 1 and 3. Thus, for the amateur service, the usefulness of allocations around 7 MHz for worldwide links was limited because only 100 kilohertz of spectrum (7000- 7100 kHz) was common to Regions 1, 2, and 3. In addition, because HF broadcasters are permitted to use much higher power than amateur radio operators, HFBC transmissions originating in Regions 1 and 3 could cause interference to the sensitive receivers used in the amateur service during periods of good propagation between those Regions and Region 2. 42 23. At WRC- 03, the worldwide amateur service allocation was expanded by 100 kilohertz by reallocating the band 7100- 7200 kHz from the HFBC service in Regions 1 and 3 to the amateur service on a primary basis. However, until March 29, 2009, the band 7100- 7200 kHz remains allocated to the HFBC service on a primary basis in Regions 1 and 3. 43 Moreover, until that date, amateur use of the band 7100- 7200 MHz in Region 2 must not impose constraints on the HFBC service in Regions 1 and 3. 44 24. Also at WRC- 03, the worldwide HFBC service allocation was expanded by 50 kilohertz by reallocating the band 7350- 7400 kHz from the fixed and land mobile services to the HFBC service on a primary basis. However, until March 29, 2009, the band 7350- 7400 kHz remains allocated to the fixed service on a primary basis and to the land mobile service on a secondary basis throughout the world. 45 41 The amateur service is a radiocommunication service for the purposes of self- training, intercommunication and technical investigations carried out by amateurs, that is, by duly authorized persons interested in radio technique solely with a personal aim and without pecuniary interest. 47 C. F. R. § 2. 1 (Definitions). The amateur radio service is regulated under Part 97 of the Commission’s Rules. 47 C. F. R. Part 97. 42 The operating power for international broadcast stations must be at least 50 kW (carrier power). 47 C. F. R. § 73. 751. Worldwide, most international broadcast stations transmit at least 100 kW, and there are a significant number of stations that transmit at 500 kW. In contrast, amateur stations are limited to 1.5 kW PEP, except that in certain frequency bands, amateur stations are more limited in power. For example, amateur stations are limited to 200 W PEP in the segment 7100- 7150 MHz and in the segment 7050- 7075 kHz, when the station is within ITU Regions 1 and 3. 47 C. F. R. § 97. 313. 43 Appendix A, footnote 5.141C. 44 Appendix A, footnote 5.142. 45 Appendix A, footnotes 5.143A, 5. 143B, and 5. 143D. 10 Federal Communications Commission FCC 04- 74 11 With regard to Region 2, the transition plan for these services is codified in footnote 5.143D, which would permit fixed and land mobile services to continue communicating within the United States and its insular areas after March 29, 2009, on the condition that harmful interference is not caused to HFBC. 46 25. WRC- 03 also upgraded the secondary land mobile service allocations in the bands 6765- 7000 kHz (footnote 5.138A) and 7400- 8100 kHz (footnote 5.143E) to primary mobile except aeronautical mobile (R) service allocations, effective March 29, 2009. These generic mobile allocations, in conjunction with the existing primary fixed service allocations in these bands, will allow greater flexibility and also facilitate the use of frequency adaptive techniques, 47 thereby leading to greater efficiency in the use of the spectrum. 26. Proposal. We generally propose to implement the WRC- 03 realignment at 7 MHz. However, in some cases we propose exceptions. First, we propose to upgrade the secondary mobile service allocation in the bands 6765- 7000 kHz and 7400- 8100 kHz to primary allocations for the mobile except aeronautical mobile (R) service. This action would give licensees increased flexibility and would facilitate adaptive techniques, which together with automation techniques, would reduce the burden on the operator while making these mobile service radios more responsive to changing HF propagation conditions. However, because the band 6765- 7000 kHz is allocated to the broader mobile service in the United States (rather than the land mobile service), we propose to adopt new United States footnote USxxx that maintains this secondary mobile service allocation until the end of the transition period, and that otherwise parallels footnote 5.138A. Specifically, proposed footnote USxxx would read as follows: USxxx Until 29 March 2009, the band 6765- 7000 kHz is allocated to the fixed service on a primary basis and to the mobile service on a secondary basis. After this date, this band is allocated to the fixed and the mobile except aeronautical mobile (R) services on a primary basis. 27. At the request of NTIA, we propose to upgrade the secondary mobile service allocation in the band 7400- 8100 kHz to a primary mobile except aeronautical mobile (R) service allocation, upon the effective date of the Report and Order in this proceeding. 48 We note that many of the existing licenses in 46 Footnote 5. 143D reads as follows: In Region 2, the band 7350- 7400 kHz is allocated, until 29 March 2009, to the fixed service on a primary basis and to the land mobile service on a secondary basis. After 29 March 2009, frequencies in this band may be used by stations in the above- mentioned services, communicating only within the boundary of the country in which they are located, on condition that harmful interference is not caused to the broadcasting service. When using frequencies for these services, administrations are urged to use the minimum power required and to take account of the seasonal use of frequencies by the broadcasting service published in accordance with the Radio Regulations. 47 Automatic and adaptive techniques have improved HF communications. In manual operation, the operator must adjust the parameters of the system for maximum performance. The operator must monitor the conditions of the ionosphere, track the variable propagation conditions, and select the frequency that will allow the signal to propagate best. Because of the intensive labor required, HF communication was a prime candidate for use of automation and adaptive techniques. Present- day automation techniques reduce the burden on the HF operator by providing subsystems for frequency management, link establishment, link maintenance, etc. Typically, automation can be added to make the radio appear to be “push- to- talk on the best channel,” while actually the radio is a multichannel communication device performing many underlying functions. Beyond these automation techniques are the “adaptive” techniques, which also can reduce the burden on the operator while making the radio more responsive to changing HF radio propagation conditions. Thus, these techniques provide adaptivity that automatically alters operating parameters and/ or system configuration in response to changes in the time- varying channel propagation conditions and external noise. See http:// www. its. bldrdoc. gov/ pub/ oa- rpt/ hf- ale/ handbook/ chapter2. pdf. 48 In contrast, WRC- 03 adopted the following schedule for upgrading the secondary land mobile service allocation to a primary mobile except aeronautical mobile (route) service allocation in the band 7400- 8100 kHz. For the sub- band 7400- 7450 kHz, the upgrade is effective January 1, 2005 in Region 2. For the sub- band 7450- 8100 kHz, the upgrade is effective March 29, 2009 throughout the world (footnote 5.143E). 11 Federal Communications Commission FCC 04- 74 12 the band 7400- 8100 kHz are for mobile service use and request comment on the effect of the proposed early upgrade on fixed service users, if any. 49 28. Second, we propose to allocate the band 7350- 7400 kHz to the broadcasting service on a primary basis; to adopt the Region 2 transition plan for the band 7350- 7400 kHz as shown in footnote 5.143D; and to delete the table entries for the fixed and mobile service allocations from the band 7300- 7400 kHz. Our proposal herein would provide international broadcasters with an additional 50 kilohertz of primary, exclusive spectrum in the band 7350- 7400 kHz, effective March 29, 2009. While the band 7300- 7350 MHz has previously been reallocated to the broadcasting service on a primary, exclusive basis, effective April 1, 2007, the table entries for the fixed and mobile service allocations were maintained at NTIA’s request. As a consequence of our proposal to delete the table entries for the fixed and mobile service allocations from the band 7300- 7350 kHz, we propose to provide for these allocations in a new United States footnote (USyyy) and to remove the frequency band from footnote US366. Specifically, we propose to revise footnote US366 and to add new footnote USyyy to read as follows: US366 On April 1, 2007, the bands 5900- 5950 kHz, 9400- 9500 kHz, 11600- 11650 kHz, 12050- 12100 kHz, 13570- 13600 kHz, 13800- 13870 kHz, 15600- 15800 kHz, 17480- 17550 kHz, and 18900- 19020 kHz shall be allocated exclusively to the broadcasting service. After April 1, 2007, frequencies in these bands may be used by stations in the fixed and mobile services, communicating only within the United States and its insular areas, on the condition that harmful interference is not caused to the broadcasting service. When using frequencies for fixed and mobile services, licensees shall be limited to the minimum power needed to achieve communications and shall take account of the seasonal use of frequencies by the broadcasting service published in accordance with Article 12 of the ITU Radio Regulations. USyyy The band 7300- 7350 kHz is allocated, until April 1, 2007, to the fixed service on a primary basis and to the mobile service on a secondary basis. After April 1, 2007, frequencies in that band may be used by stations in the fixed and mobile services, communicating only within the United States and its insular areas, on the condition that harmful interference is not caused to the broadcasting service. When using frequencies for fixed and mobile services, licensees shall be limited to the minimum power needed to achieve communications and shall take account of the seasonal use of frequencies by the broadcasting service published in accordance with Article 12 of the ITU Radio Regulations. 29. We also propose to cease issuing licenses for new non- Federal Government stations in the fixed and mobile services in the band 7350- 7400 kHz as of March 29, 2009, consistent with the proposed allocation changes for these services. We anticipate that these requirements can be met in other HF bands allocated to the fixed and mobile services. 30. The band 7100- 7300 kHz is allocated to the amateur service on primary, exclusive basis in Region 2. We note that WRC- 03 allocated the band 7100- 7200 kHz to the amateur service in Regions 1 and 3 on a co- primary basis with the broadcasting service, effective January 1, 2005. After March 29, 2009, the band 7100- 7200 kHz is allocated to the amateur service on an exclusive basis throughout the world, except in certain Region 1 and 3 countries. 50 As such, amateur service use of this 100 kilohertz will be on a de facto secondary basis in Regions 1 and 3 until the broadcasting service vacates the band 49 On January 15, 2004, FCC staff reviewed non- Federal Government use of the band 7400- 8100 kHz using the Universal Licensing System (ULS). At that time, there were 668 licenses: 403 conventional Public Safety Pool (PW), 116 conventional Industrial/ Business Pool (IG), 111 Alaska Group (MK), 27 Coastal Group (MC), and 11 Aviation Auxiliary Group (AF). 50 The band 7100- 7200 kHz will remain allocated to the fixed and mobile except aeronautical mobile (route) service on a co- primary basis with the amateur service in the countries listed in footnote 5.141B. 12 Federal Communications Commission FCC 04- 74 13 7100- 7200 kHz at the conclusion of Schedule B in 2009. 51 This means that amateur stations in Regions 1 and 3 will shortly be permitted to transmit in the band 7100- 7200 kHz, if they can find a frequency that is not being used by an international broadcast station. Currently, amateur stations in Regions 1 and 3 use the segment 7075- 7100 kHz for phone emissions. The Commission authorizes amateur stations to transmit phone emissions in the segment 7150- 7300 kHz. Together, these segments are used by amateur stations for full duplex operations when communicating between Region 2 countries and Regions 1 and 3 countries. 52 We anticipate that administrations in Regions 1 and 3 will in the near future authorize phone emissions in the segment 7150- 7200 kHz, and we note the ARRL has requested that the frequency segment for phone emissions be expanded to 7125- 7300 kHz. 53 These changes, if implemented, would permit half duplex operations, that is, amateur stations would be able to transmit and receive on a single frequency. If this occurs, spectrum efficiency would be increased. 31. Until administrations in Regions 1 and 3 implement changes allowing amateur stations to transmit in the band 7100- 7200 kHz, we believe that Sections 97.301 and 97. 305 of our Rules need not be updated. 54 As a practical matter, we do not believe that the amateur service can make use of the band 7100- 7200 kHz in Regions 1 and 3 in advance of HFBC stations vacating the band because of the great power disparity between amateur stations and international broadcast stations. Table 2, below, summarizes the 7 MHz realignment and our proposals for domestic implementation. We request comment on these proposals. 51 Schedule B is the last Sunday in October to the last Sunday in March. (Schedule A is the last Sunday in March to the last Sunday in October.) See ITU Radio Regulations, Article 12 (Seasonal planning in the HF bands allocated to the broadcasting service between 5900 kHz and 26100 kHz), Nos. 12. 17 and 12. 18. 52 47 C. F. R. § 97.305 (Authorized emission types), in particular paragraph (c). 53 See American Radio Relay League, Inc., Petition for Rulemaking (filed Mar. 22, 2002) at 25. The ARRL’s petition will be addressed in another proceeding. 54 Section 97. 301 of our Rules authorizes frequency bands to amateur stations located within 50 km of the Earth’s surface, within the specified ITU Region, and outside any area where the amateur service is regulated by any authority other than the FCC. 47 C. F. R. § 97. 301 (Authorized frequency bands). Section 97. 305 of our Rules currently authorizes RTTY and data emissions in the segment 7000- 7150 kHz and phone and image emissions in the segments 7075- 7100 kHz and 7150- 7300 kHz. 47 C. F. R. § 97. 305( c). The Commission does not regulate communications at any location in Region 1, except for amateur stations located on ships on the high seas. In Region 3, the Commission regulates amateur stations located on Guam, the Northern Mariana Islands, American Samoa, and other smaller insular areas, in addition to stations on the high seas. 47 C. F. R. § 2.106( a). 13 Federal Communications Commission FCC 04- 74 14 Table 2: Realignment in the Frequency Range 6765- 8100 kHz (Some international footnotes that do not apply to Region 2 are not shown) Band (kHz) International Allocations Prior to WRC- 03 Existing U. S. Allocations International Allocations as Revised at WRC- 03 Proposed U. S. Allocations Remarks 6765- 7000 FIXED Land mobile 5.138 (6765- 6795 kHz is designated for ISM applications) FIXED Mobile 5.138 US340 (2- 30 MHz is available on a non- interference basis (NIB) for measuring reception quality) FIXED MOBILE except aeronautical mobile (R) 5.138A (This allocation does not become effective until March 29, 2009; until then, the more limited secondary land mobile service allocation remains in effect) 5.138 FIXED MOBILE except aeronautical mobile (R) 5.138 US340 USxxx (parallels 5.138A, except that mobile service, not land mobile service, is maintained until phase- in date) Effective March 29, 2009, upgrade the secondary mobile service in 235 kilohertz to primary mobile except aeronautical mobile (R) service 7000- 7100 AMATEUR AMATEUR- SATELLITE AMATEUR AMATEUR- SATELLITE US340 AMATEUR AMATEUR- SATELLITE AMATEUR AMATEUR- SATELLITE US340 No change. 7100- 7300 In Region 2: AMATEUR 5.142 (Amateur use of 7100- 7300 kHz in Region 2 must not impose constraints on Regions 1 & 3 HFBC) 7100- 7200 AMATEUR 5.142 (Until March 29, 2009, amateur use of 7100- 7300 kHz in Region 2 must not impose constraints on Regions 1 & 3 HFBC. After that date, amateur use of 7200- 7300 kHz in Region 2 shall not impose constraints on Regions 1 & 3 HFBC) 5.141C (In Regions 1 & 3, this band is allocated to broadcasting on a primary basis until March 29, 2009) 7200- 7300 kHz In Region 2: AMATEUR 5.142 7100- 7300 In Regions 1 & 3: BROADCASTING AMATEUR 5.142 US340 In Regions 1 & 3: BROADCASTING AMATEUR 5.142 US340 No change. 7300- 7350 BROADCASTING 5.134 (The use of the HFBC bands, including the band 7300- 7350 kHz, is limited to single- sideband or digital emissions) 5.143 (Until 1 April 2007, 7300- 7350 kHz is allocated to the fixed service on a primary basis and to the land mobile service on a secondary basis. Afterwards, fixed and land mobile use is on an NIB basis to broadcasting) BROADCASTING FIXED Mobile US340 US366 (On April 1, 2007, the WARC- 92 HFBC bands are allocated exclusively to HFBC. Afterwards, fixed & mobile use must not cause harmful interference to HFBC) 7300- 7400 kHz: BROADCASTING 5.134 (Administrations are urged to use the HFBC bands to facilitate the introduction of digitally modulated emissions.) 5.143 5.143A & 5.143B (In Regions 1 & 3, 7350- 7400 kHz is allocated, until March 29, 2009, to the fixed service on a primary basis and to the land mobile service on a secondary basis) 5.143D (In Region 2, 7350- 7400 kHz is allocated, until 29 March 2009, to the fixed service on a primary basis & to the land mobile service on a secondary basis. After that date, fixed & mobile use must not cause harmful interference to HFBC. 7300- 7400 kHz: BROADCASTING 5.134 5.143D US340 USyyy Immediately allocate the band 7350- 7400 kHz to HFBC, but until March 29, 2009, this 50 kilohertz will remain available for primary fixed & secondary land mobile use. Continued fixed & land mobile use within the U. S. and its insular areas will be permitted on an NIB basis to HFBC. 7400- 7450 kHz: In Region 2: FIXED and MOBILE except aeronautical mobile (R) In Regions 1 & 3: BROADCASTING 7350- 8100 FIXED Land mobile FIXED Mobile US340 7450- 8100 FIXED MOBILE except aeronautical mobile (R) 5.143E (Does not become effective until March 29, 2009; until then the more limited secondary land mobile service allocation remains in effect) 7400- 8100 kHz: FIXED MOBILE except aeronautical mobile (R) US340 In 700 kilohertz, immediate upgrade from secondary mobile service allocation to primary mobile except aeronautical mobile (R) service. 14 Federal Communications Commission FCC 04- 74 16 and the sub- band 7190- 7235 MHz is allocated to the SRS (Earth- to- space) on a primary basis for Federal Government use. In addition, Federal and non- Federal Government entities may carry out passive microwave measurements in the band 7125- 7235 MHz. 63 The sub- band 7145- 7190 MHz is also allocated for Federal and non- Federal Government SRS uplink use at NASA’s deep space facility in Goldstone, California by footnote US252. 64 Staff review of the Commission’s licensing database does not show any activity with regard to the band 7145- 7190 MHz, that is, it appears that this spectrum has not been used by any non- Federal Government entity. 35. At WRC- 03, the SRS uplink allocation in the band 7145- 7235 MHz, which had been in footnote 5.460, was moved up as a table entry. 65 Footnote 5.460 was revised to delete the SRS allocation and to state that geostationary SRS satellites operating in the band 7190- 7235 MHz may not claim protection from existing and future stations of the fixed and mobile services. 66 36. The United States had requested these changes at WRC- 03 in order to incorporate as a table entry in the ITU Table of Frequency Allocations the existing primary SRS allocation in the band 7145- 7235 MHz in footnote 5.460. 67 This uplink allocation is used with the primary SRS downlink allocation in the band 8400- 8500 MHz, which is already shown as a table entry. These bands are used on a worldwide basis for “cross support” in accordance with international agreements between a number of space agencies. 68 37. NTIA recommends that the WRC- 03 allocation changes in the 7 GHz frequency range be implemented in the U. S. Table, except that the limitation to deep space communications be shown as part of the table entry for the SRS uplink allocation in the band 7145- 7190 MHz, that is, the allocation read as follows: “SPACE RESEARCH (deep space) (Earth- to- space).” Because this table entry would contain part of the information from footnote 5.460, NTIA requests that the pertinent part of the international footnote be retained as a Federal Government footnote (Gyyy). Furthermore, because the band (... continued from previous page) Note: These functions will normally be provided within the service in which the space station is operating. 47 C. F. R. § 2.1. 63 That is, international footnote 5.458, which is described in paragraph 33 above, has been adopted domestically. NASA participates in remote microwave scanning measurements made over oceans for oceanographic studies/ research. See Federal Long- Range Spectrum Plan. 64 47 C. F. R. § 2.106, footnote US252. 65 Prior to WRC- 03, the international allocations extended from 7075- 7250 MHz. In order to allocate just a segment of the band 7075- 7250 MHz to the SRS, this larger band was subdivided into the bands 7075- 7145 MHz, 7145- 7235 MHz, and 7235- 7250 MHz. 66 Modified footnote 5.460 reads as follows: “The use of the band 7145- 7190 MHz by the space research service (Earth- to- space) is restricted to deep space; no emissions to deep space shall be effected in the band 7190- 7235 MHz. Geostationary satellites in the space research service operating in the band 7190- 7235 MHz shall not claim protection from existing and future stations of the fixed and mobile services and No. 5. 43A does not apply.” ITU Radio Regulation No. 5.43A states that if a service may operate in a specific frequency band subject to not claiming protection from another service, this means also that the service shall not cause harmful interference to the other service. 67 See U. S. Proposals for WRC- 03, Proposal B (Agenda Item 1.12) at page 50- 51. 68 Cross support means that space agencies share resources. For example, there are orbits in which a satellite is not visible from a space agency’s own earth stations, but which are visible to another agency’s earth stations. By sharing resources, space agencies do not have to store data onboard the satellite, and instead have immediate access to the data. See e. g. http:// projects. osd. noaa. gov/ IJPS/ communication. htm. 16 Federal Communications Commission FCC 04- 74 17 7145- 7190 MHz is primarily a Federal Government band and because there are no known non- Federal Government requirements for deep space communications, NTIA did not recommend a table entry for non- Federal Government access to the NASA deep space facility at Goldstone. NTIA states that NASA’s deep space facility at Goldstone has never been leased by a non- Federal Government licensee for deep space communications, and that non- Federal Government entities have not identified any requirements at Goldstone. Therefore, NTIA submits that non- Federal Government access to Goldstone should be downgraded to secondary status and be maintained as a footnote allocation. Accordingly, NTIA recommends that footnotes US252 and US262 be revised and that a new Federal Government footnote (Gyyy) be added to read as follows: US252 The band 2110- 2120 MHz is also allocated to the space research service (deep space) (Earth- to- space) on a primary basis at Goldstone, California. 69 US262 The band 7145- 7190 MHz is also allocated to the space research service (deep space) (Earth- to- space) on a secondary basis for non- Federal Government use. The use of the bands 7145- 7190 MHz and 34.2- 34.7 GHz by the space research service (deep space) (Earth- to- space) and of the band 31.8- 32.3 GHz by the space research service (deep space) (space- to- Earth) is limited to Goldstone, California. Gyyy No emissions to deep space shall be effected in the band 7190- 7235 MHz. Geostationary satellites in the space research service operating in the band 7190- 7235 MHz shall not claim protection from existing and future stations of the fixed and mobile services and No. 5. 43A does not apply. 38. Proposal. At the request of NTIA, we propose to move the SRS uplink allocation currently authorized in footnote US252 to a table entry in the Federal Government Table for the band 7145- 7190 MHz. 70 NTIA prefers to highlight that SRS uplinks in the band 7145- 7190 MHz are for deep space communications and does not believe that footnote 5.460 adequately highlights this important use. We believe our proposal would adequately clarify that the band 7145- 7190 MHz is allocated to the SRS (deep space) (Earth- to- space) on a primary basis for Federal Government use. NTIA states that Federal Government SRS operations should be limited by adopting the remaining requirements in footnote 5.460 as footnote Gyyy. Accordingly, we propose to adopt footnote Gyyy, which would prohibit deep space communications in the band 7190- 7235 MHz and which would specifically not require that stations in the fixed and mobile services protect geostationary SRS satellites. We believe that these actions are fully in accordance with the ITU Radio Regulations. 39. With regard to the requested change in the allocation status for non- Federal Government SRS use of the Federal facility at Goldstone, we view this downgrade as having a minimal impact on future non- Federal Government users of the facility. That is, NTIA has coordinated the deep space facility at Goldstone in order to avoid interference problems with other Federal Government stations. Therefore any non- Federal Government SRS use, if it ever develops, should be coincidentally protected. We request comment on these proposals. 2. SRS at 14.8- 15.35 GHz 40. Background. The band 14.8- 15.35 GHz is allocated to the fixed and mobile services on a co- primary basis and to the SRS on a secondary basis throughout the world. The sub- band 69 Currently, footnote US252 applies to both the 2110- 2120 MHz and 7145- 7190 MHz. As a consequence of NTIA’s recommendation to move the SRS uplink allocation for deep space communications in the band 7145- 7190 MHz to footnote US262, footnote US252 would apply only to the band 2110- 2120 MHz. 70 In order to implement this proposal, we would subdivide the existing band 7125- 7190 MHz in the Federal Government Table into the bands 7125- 7145 MHz and 7145- 7190 MHz. 17 Federal Communications Commission FCC 04- 74 20 48. In addition, we propose to revise footnote US310 by using a reference bandwidth that is more appropriate for today’s digital transmissions than a reference bandwidth based on an analog channel. We request comment on these proposals. 3. SRS and EESS Downlinks at 25.5- 27 GHz and ISS at 25.25- 27.5 GHz 49. Background. The band 25. 25- 27. 5 GHz is allocated to the fixed, mobile, and ISS services on a primary basis throughout the world. ISS use of the 25. 25- 27.5 GHz band is limited by footnote 5.536 to SRS and EESS applications, and also transmissions of data originating from industrial and medical activities in space. 79 The band 25. 25- 27 GHz is also allocated to the standard frequency and time signal- satellite (Earth- to- space) on a secondary basis throughout the world. Further, the band 25.5- 27 GHz is allocated to the EESS (space- to- Earth) on a primary basis throughout the world. Footnote 5.536A states that administrations installing EESS earth stations cannot claim protection from stations in the fixed and mobile services operated by neighboring administrations. 80 The band 27- 27. 5 GHz is allocated to the fixed- satellite service (FSS) (Earth- to- space) on a primary basis in Regions 2 and 3. Footnote 5.537 states that space services using non- geostationary (NGSO) satellites operating in the ISS in the band 27- 27.5 GHz are exempt from the general provision that NGSO satellite systems must not cause unacceptable interference to geostationary- satellite systems in the FSS and the broadcasting- satellite service. 81 50. In the United States, the band 25.5- 27 GHz is Federal/ non- Federal Government shared spectrum that is primarily used by Federal agencies. All of the international allocations described in the preceding paragraph have been adopted in the Federal Government Table, except for the FSS uplink allocation. 82 NASA has three geostationary TDRSS space stations in orbit that currently have the capability to receive transmissions in the band 25.25- 27 GHz from low Earth- orbiting satellites. 83 In the future, NASA expects to use TDRSS space stations extensively to satisfy SRS and EESS wide bandwidth data requirements that cannot be satisfied in the band 14.896- 15.121 GHz. Additionally, there are currently two new systems under development that will operate in the band 25.5- 27 GHz. Specifically, NASA is developing a geostationary Solar Dynamics Observatory (SDO) system that will downlink SRS data to White Sands, New Mexico and the National Oceanic and Atmospheric Administration (NOAA) is developing a non- geostationary National Polar- orbiting Operational Environmental Satellite System (NPOESS) that will downlink EESS data to a limited number of earth stations. Finally, NASA and NOAA expect to build additional wide bandwidth EESS systems in this band. 51. In the non- Federal Government Table, the band 25.25- 27.5 GHz is allocated to the EESS (space- to- space) on a secondary basis; the segment 25.25- 27 GHz is allocated to the standard frequency 79 47 C. F. R. § 2.106, footnote 5. 536. 80 47 C. F. R. § 2.106, footnote 5.536A. This footnote also states that EESS earth stations should take into account Recommendation ITU- R SA. 1278. In addition, footnote 5. 536B states that, in certain countries (including only Brazil in Region 2), EESS earth stations in the band 25. 5- 27 GHz cannot constrain the use and deployment of stations in the fixed and mobile services. 47 C. F. R. § 2.106, footnote 5.536B. 81 47 C. F. R. § 2.106, footnote 5. 537. See ITU Radio Regulations, Article 22, No. 22.2. 82 The band 25. 5- 27 GHz is used for low density fixed point- to- point links for voice, data, and video at government laboratories and test ranges. The band 25. 25- 27 GHz is a possible future band for flight test telemetry. 83 TDRSS satellites transmit down to LEO satellites in the band 22. 55- 23. 55 GHz. 20 Federal Communications Commission FCC 04- 74 23 band turn off their transmitters when not in view of a receiving earth station. This requirement could be implemented either for all cases or for those cases where the spacecraft transmission bandwidth is greater than some to- be- determined minimum value in megahertz; and (3) the pfd at the geostationary orbit from a non- Federal Government EESS system be limited to the values indicated in Recommendation ITU- R SA. 1278 to protect TDRSS reception from low Earth- orbiting user spacecraft. 90 Specifically, the ITU values are as follows: (1) EESS satellites in sun- synchronous orbit or in an orbit that is proximate to the orbits of the TDRSS user satellites shall not produce a pfd greater than -155 dB( W/ m²) in 1 MHz at any location on the geostationary orbit (GSO) for more than 0.1% of the time; and (2) EESS satellites in orbits other than that mentioned above shall not produce a pfd greater than -155 dB( W/ m²) in 1 MHz at any location on the GSO for more than 1% of the time. 91 In order to protect Federal Government operations, NTIA stated that it may subsequently request that certain requirements, including those mentioned above, be contained either in a United States footnote or in the Commission’s service rules. 60. Proposal. We propose to upgrade the secondary non- Federal Government allocation for EESS downlinks in the band 25.5- 27 GHz to primary status. We believe that this upgrade is necessary to meet the requirements of the commercial remote sensing industry and is consistent with the Fact Sheet on U. S. Commercial Remote Sensing Policy that was released by the White House on April 25, 2003. 92 Specifically, we propose to revise footnote US258 to include the band 25.5- 27 GHz in its text, to add footnote US258 to the non- Federal Government Table in the band 25.5- 27 GHz, and consequently to delete the table entry for the secondary EESS downlink allocation from the non- Federal Government Table. 61. By adding the band 25.5- 27 GHz to footnote US258, we would also subject each non-Federal Government authorization to a case- by- case electromagnetic compatibility (EMC) analysis. Because of existing and planned Federal Government SRS and EESS requirements in the band 25.5- 27 GHz, which are discussed above, we believe that it is important that non- Federal Government EESS downlinks operated in this band be designed to ensure compatibility with Federal Government systems. We also propose to add footnote 5.536A to the non- Federal Government Table in the band 25.5- 27 GHz. This action would provide guidance to earth station applicants, e. g., Annex 1 provides a methodology for estimating needed separation distances between EESS earth stations and fixed stations, 93 and would better alert commercial remote sensing operators of the EESS downlink allocation’s status in border areas, i. e., where possible, these operators should consider placing their receive earth stations away from border areas. 90 See Recommendation ITU- R SA. 1278 titled “Feasibility of Sharing between Earth Exploration- Satellite Service (space- to- Earth) and the fixed, inter- satellite, and mobile services in the band 25. 5- 27. 0 GHz,” at http:// www. itu. int/ rec/ recommendation. asp? type= items& lang= e& parent= R- REC- SA. 1278- 0- 199710- I. 91 See Recommendation ITU- R SA. 1278, recommends 3. 92 See Fact Sheet at http:// www. fas. org/ irp/ offdocs/ nspd/ remsens. html. This document states the fundamental goal of this national policy is to “advance and protect U. S. national security and foreign policy interests by maintaining the nation’s leadership in remote sensing space activities, and by sustaining and enhancing the U. S. remote sensing industry;” and further states that U. S. companies are “encouraged to build and operate commercial remote sensing space systems whose operational capabilities, products and services are superior to any current or planned foreign commercial systems.” We observe that first generation commercial remote sensing satellite systems use the band 8025- 8400 MHz, but the U. S. commercial remote sensing industry has identified the band 25. 5- 27 GHz for wider bandwidth operations. 93 See Recommendation ITU- R SA. 1278, Annex 1 titled “Separation distances between EESS earth stations and FS stations around 26 GHz.” 23 Federal Communications Commission FCC 04- 74 24 62. In order to protect Federal Government terrestrial receivers, we propose to require that non-Federal EESS space stations transmitting in the band 25.5- 27 GHz meet the pfd limits contained in Article 21 of the ITU Radio Regulations. We would codify this requirement by adding these pfd limits to Part 25 of the Commission’s Rules. Based on a request from NTIA, we seek comment from potential EESS applicants as to whether the constraints listed in paragraph 59, above, would be helpful in fostering compatibility between Federal and non- Federal Government systems. 63. We also propose to broaden the secondary non- Federal Government allocation for the EESS (space- to- space) in the band 25.25- 27.5 GHz to a secondary ISS allocation. However, we also propose to adopt footnote 5.536, which would limit the use of this ISS allocation to SRS and EESS applications, and also to transmissions of data originating from industrial and medical activities in space. This restriction is necessary to ensure that this frequency band meets the needs of the scientific community without being overtaken for FSS or MSS use. Nevertheless, we request comment on the need for this restriction. In order to protect Federal Government terrestrial receivers, we propose to require that non- Federal ISS space stations transmitting in the band 25.25- 27.5 GHz meet the pfd limits contained in Article 21 of the ITU Radio Regulations. The ISS pfd requirements and the EESS pfd requirements are the same and would be shown once in Part 25 of the Commission’s Rules. 64. We propose to allocate the band 25.5- 27 GHz to the SRS (space- to- Earth) on a primary basis for Federal Government use. This action would provide a primary SRS allocation to satisfy Federal requirements for high data rate space science missions. We request comment on all of these proposals. 4. EESS (active) at 432- 438 MHz 65. Background. The band 432- 438 MHz is allocated to the radiolocation service on a primary basis throughout the world. The band 432- 438 MHz is allocated to the amateur service on a primary basis in Region 1 and on a secondary basis in Regions 2 and 3, except as stated in country footnotes 5.272 and 5.278. 94 In the segment 435- 438 MHz, the amateur- satellite service (AMSAT) may operate subject to not causing harmful interference to other services operating in accordance with the International Table (footnote 5.282). 95 In addition, there are several footnote allocations that pertain to this spectrum. 96 66. In the United States, the band 432- 438 MHz is allocated to the radiolocation service on a primary basis for Federal Government use. The use of the radiolocation service allocation is limited to the military services, 97 except that pulse- ranging and spread spectrum radiolocation systems may be authorized for Federal non- military and non- Federal Government use on a secondary basis along the shorelines of the 48 contiguous States and Alaska. 98 The band 432- 438 MHz is allocated to the amateur service on a secondary basis. 99 International footnote 5.282 has been adopted domestically and thus, the 94 As an exception to the Region 1 primary allocation for the amateur service, the amateur service in France is allocated on a secondary basis. As exceptions to the Region 2 secondary allocation, the amateur service in the countries listed in footnote 5.278 has primary status. 47 C. F. R. § 2.106, footnotes 5.272 and 5. 278. 95 47 C. F. R. § 2.106, footnote 5. 282. 96 47 C. F. R. § 2.106, footnote 5. 138 and 5.280 (In Region 1, ISM applications at 433. 05- 434. 79 MHz); 5.271 (aeronautical radionavigation service); 5.276 and 5. 277 (fixed service); 5.279 (In Mexico, primary land mobile service allocation in the segment 432- 435 MHz); and 5.281 (space operation service). 97 47 C. F. R. § 2.106, footnote G2. 98 47 C. F. R. § 2.106, footnote US217. 99 In the areas listed in footnote US7, special conditions apply to use the amateur service allocation. 47 C. F. R. § 2.106, footnote US7. 24 Federal Communications Commission FCC 04- 74 25 amateur- satellite service may operate in the segment 435- 438 MHz subject to not causing harmful interference to other services operating in accordance with the International Table. 67. At WRC- 03, the band 432- 438 MHz was allocated to the EESS (active) on a secondary basis throughout the world. WRC- 03 limited the use of this allocation through footnote 5.279A, which reads as follows: 5. 279A The use of this band by sensors in the Earth exploration- satellite service (active) shall be in accordance with Recommendation ITU- R SA. 1260- 1. Additionally, the Earth exploration-satellite service (active) in the band 432- 438 MHz shall not cause harmful interference to the aeronautical radionavigation service in China. The provisions of this footnote in no way diminish the obligation of the Earth exploration-satellite service (active) to operate as a secondary service in accordance with Nos. 5. 29 and 5.30. 68. On February 20, 2004, NTIA addressed this EESS allocation in a letter to the Commission. 100 Specifically, NTIA noted that while the United States originally opposed the allocation, WRC- 03 approved a worldwide secondary allocation for the EESS (active), which incorporates certain operational restrictions delineated in ITU- R SA 1260- 1, 101 and NTIA now expects that foreign systems as well as NASA will want to operate under the allocation. Therefore, NTIA recommends that the Commission provide an allocation status under which the United States would authorize EESS (active) in the band. 69. NTIA states that ITU- Recommendation SA. 1260- 1 effectively limits the operational use of 432- 438 MHz EESS to areas outside the United States. However, NASA has indicated a need to perform some limited pre- operational testing of its systems within line- of- sight of its U. S. control stations. In order to account for the required use of the EESS allocation in the United States, a new US footnote is proposed. As EESS satellites within line- of- sight of the United States would operate solely for the purpose of short duration pre- operational testing, NTIA states that there will be minimal impact to any other services. Therefore, NTIA recommends that the following United States footnote be proposed in order to clarify the allocation status of U. S. authorized EESS: In the band 432- 438 MHz, the Earth exploration- satellite service (active) is allocated on a secondary basis. Stations in the Earth exploration- satellite service (active) shall not be operated within line- of- sight of United States except for the purpose of short duration pre- operational testing. Operations under this allocation shall not cause harmful interference to, nor claim protection from, the other services allocated in the band in the United States, including secondary services. 70. Proposal. After additional discussions with NTIA, we tentatively find that any secondary EESS (active) allocation in the band 432- 438 MHz should be limited to Federal Government use and that this allocation should not cause harmful interference to, nor claim protection from, any other services allocated in the band in the United States, including the amateur- satellite service. Accordingly, we propose to adopt the following United States footnote: USzzz In the band 432- 438 MHz, the Earth exploration- satellite service (active) is allocated on a secondary basis for Federal Government use. Stations in the Earth exploration- satellite service (active) shall not be operated within line- of- sight of United States except for the purpose of short duration pre- operational testing. Operations under this allocation shall not cause harmful interference to, nor claim protection from, any other services allocated in the band 432- 438 MHz in the United States, including secondary services and the amateur- satellite service. 100 See letter from Fredrick R. Wentland, Associate Administrator, Office of Spectrum Management, NTIA, to Edmond J. Thomas, Chief, OET, FCC, dated February 20, 2004. 101 See Draft Revision to Recommendation ITU- R SA. 1260 titled “Feasibility of sharing between active spaceborne sensors and other services in the range 420- 470 MHz,” Document 7/ BL/ 22- E, dated February 11, 2003. 25 Federal Communications Commission FCC 04- 74 26 The adoption of this footnote would permit NASA to perform limited pre- operational testing of its systems within line- of- sight of its U. S. control stations, provided that it does not cause harmful interference to the radiolocation, amateur, and amateur- satellite services in the United States. We request comment on this proposal. 71. Table 3, below, gives an overview of our major proposals for the space radiocommunication services discussed in this section. 26 Federal Communications Commission FCC 04- 74 27 Table 3: Major Proposals for the Space Radiocommunication Services (Primary allocations are shown in capitals; secondary allocations are in normal characters, unless otherwise noted) Band International Allocations Prior to WRC- 03 Existing U. S. Allocations International Allocations as Revised at WRC- 03 Proposed U. S. Allocations Remarks 7125- 7145 MHz Federal FIXED & G116 7125- 7145 MHz FIXED & MOBILE 5.458 5.458 No substantive change. 7125- 7190 MHz Federal FIXED G116 (7125- 7155 MHz is allocated for Federal space operation uplinks at up to 2 sites) 7145- 7190 MHz Federal FIXED, SRS (deep space) (Earth- to- space) & G116 5.458 US252 (7145- 7190 MHz is allocated for SRS uplinks for deep space communications at Goldstone) 5.458 US262 (non- Federal SRS deep space uplink use allocated on secondary basis; all use limited to Goldstone) In 45 megahertz, the Federal SRS deep space uplink allocation in footnote US252 is explicitly recognized as being a primary allocation and is highlighted by moving it up as a table entry. 7190- 7235 MHz Federal FIXED & SRS (Earth- to- space) 7190- 7235 MHz Federal FIXED & SRS (Earth- to- space) Gyyy (deep space communications prohibited; GSO SRS satellites not protected from fixed & mobile) 7125- 7235 MHz FIXED & MOBILE 5.458 (Passive sensor measurements are carried out in this band. Administrations should bear in mind the needs of the EESS (passive) and SRS (passive) in their future planning of this band) 5.460 (The band 7145- 7235 GHz is also allocated for SRS uplinks on a primary basis. The use of the band 7145- 7190 MHz is restricted to deep space; no emissions to deep space shall be effected in the band 7190- 7235 MHz) 5.458 7145- 7235 MHz FIXED & MOBILE SRS (Earth- to- space) 5.460 (SRS use of 7145- 7190 MHz is restricted to deep space communications; no emissions to deep space are permitted in 7190- 7235 MHz. GSO SRS satellites in the band 7190- 7235 MHz are not protected from fixed and mobile services) 5.458 5.458 In 45 megahertz, deep space communications are prohibited & geostationary (GSO) SRS satellites are not protected from fixed & mobile services. 14.8- 15.1365 GHz Federal MOBILE, fixed, and space research 14.8- 15.1365 GHz Federal MOBILE, fixed & SRS US310 (secondary non- Fed SRS satellites may transmit in the band 14.896- 15.121 GHz) US310 15.1365- 15.35 GHz Federal FIXED, mobile, & SRS 15.1365- 15.35 GHz Federal FIXED, mobile, and SRS 14.8- 15.35 GHz FIXED & MOBILE Space research 5.339 (The band 15.2- 15.35 GHz is allocated to the EESS (passive) and SRS (passive) on a secondary basis) 5.339 US211 (SRS & airborne operators urged to protect RAS) No change. 5.339 US211 In 550 megahertz, raise secondary Federal SRS allocation to primary status, but these SRS earth stations are not protected near the border. Change method of calculating non- Federal pfd in US310. Federal FIXED, MOBILE and ISS 5.536 Federal FIXED, MOBILE and ISS 5.536 Secondary Federal & non- Federal SF& TSS uplinks Secondary Federal & non- Federal SF& TSS uplinks 25.25- 25.5 GHz FIXED & MOBILE ISS 5.536 (limited to SRS & EESS applications & transmission of data originating from industrial & medical activities in space) Standard frequency & time signal- satel- lite (Earth- to- space) (SF& TSS uplinks) Secondary non- Federal EESS (space- to- space) No change. Secondary non- Federal ISS 5.536 In 250 megahertz, broaden the secondary non- Federal EESS (space- to- space) allocation to a secondary ISS allocation, but limit its use by footnote 5.536. Federal FIXED, MOBILE, ISS 5.536, EESS & SRS downlinks 5.536A Federal FIXED, MOBILE, ISS 5.536, and EESS downlinks 5.536A Secondary Federal & non- Federal SF& TSS uplinks Secondary non- Federal ISS 5.536 US258 (Primary non- Federal EESS downlinks, subject to case- by- case electro- magnetic compatibility analysis) 5.536A 25.5- 27 GHz FIXED & MOBILE ISS 5.536 EESS (space- to- Earth) 5.536A (EESS earth stations not protected from fixed & mobile operations in other countries) 5.536B (EESS may not constrain the use & deployment of fixed & mobile in certain countries) Secondary SF& TSS uplinks Secondary non- Federal EESS downlinks 5.536A (space- to- space) FIXED, MOBILE & ISS 5.536 EESS & SRS downlinks 5.536A (EESS & SRS earth stations not protected from fixed & mobile operations in other countries) 5.536B Secondary SF& TSS uplinks Secondary Federal & non- Federal SF& TSS uplinks In 1.5 gigahertz, (1) allocate to Federal SRS downlinks on primary basis; (2) raise secondary non- Federal EESS downlink allocation to primary status, limited by 5.536A; & (3) broaden the secondary non- Federal EESS (space- to- space) allocation to secondary ISS, limited by 5.536. Federal FIXED, MOBILE, and ISS 5.536 Federal FIXED, MOBILE, and ISS 5.536 27- 27.5 GHz FIXED, MOBILE & ISS 5.536 5.537 (Region 2 & 3 NGSO satellites have equal status with GSOs) In Regions 2 & 3, FSS uplinks Secondary non- Federal EESS (space- to- space) No change. Secondary non- Federal ISS 5.536 In 500 megahertz, broaden secondary non- Federal EESS (space- to- space) allocation to secondary ISS, limited by 5.536. 27 Federal Communications Commission FCC 04- 74 28 D. RNSS Allocations 72. The Global Positioning System (GPS), which currently consists of 24 satellites operated by the U. S. Government, is authorized under the RNSS allocation. These satellites allow any person with a GPS receiver to determine his or her precise longitude, latitude, altitude, and time anywhere on the planet. 102 GPS currently uses the RNSS downlink allocations in the bands 1215- 1240 MHz and 1559- 1610 MHz (no changes are proposed for the band 1559- 1610 MHz in this proceeding). GPS provides two levels of service: a Standard Positioning Service (SPS) using the L1 frequency 103 and a Precise Positioning Service (PPS) using the L1 and L2 frequencies. 104 SPS is available to all users on a continuous, worldwide basis, free of any direct user charge. 105 Table 4, which is at the end of this section, gives an overview of our RNSS proposals. 1. RNSS at 960- 1300 MHz 73. Background. The band 960- 1215 MHz is allocated to the aeronautical radionavigation service (ARNS) on a primary basis throughout the world. International footnote 5.328 states that ARNS use of the band 960- 1215 MHz is reserved on a worldwide basis for the operation and development of airborne electronic aids to air navigation and any directly associated ground- based facilities. 106 Prior to WRC- 03, the band 1164- 1215 MHz was allocated to the RNSS (space- to- Earth) (space- to- space) on primary basis by footnote 5.328A, subject to technical limits and a requirement that RNSS stations not cause interference to, nor claim protection from, stations in the ARNS. 107 74. The band 1215- 1300 MHz is allocated to the radiolocation service, RNSS (space- to- Earth) (space- to- space), EESS (active), and SRS (active) on a co- primary basis throughout the world. The band 1240- 1300 MHz is also allocated to the ARNS on a primary basis in the United States and Canada (5.334) 108 and to the amateur service on a secondary basis throughout the world. The amateur- satellite 102 Each GPS satellite takes 12 hours to orbit the Earth. These satellites are equipped with accurate clocks so that they can broadcast signals with a precise time message. The GPS receiver uses the time signals from multiple satellites to determine precise latitude, longitude, and altitude. 103 The International Civil Aviation Organization (ICAO) has designated the L1 links of GPS and the Russian GLONASS system as the principal elements of the Global Navigation Satellite System (GNSS). The GPS L1 SPS ranging signal is a 2.046 megahertz null- to- null bandwidth signal centered about 1575. 42 MHz. The transmitted ranging signal that comprises the GPS- SPS is not limited to a null- to- null signal and extends through the band 1563. 42- 1587. 42 MHz. The Wide Area Augmentation System (WAAS), when it becomes operational, will utilize the same band and carrier frequency as GPS L1. 104 The GPS L2 link shares the band 1215- 1240 MHz with radiolocation services, such as military radars. The 1240- 1260 MHz band is shared by GLONASS L2 and the nationwide joint surveillance system radar network operated by the Federal Aviation Administration and the Department of Defense. The GPS L2 carrier frequency is 1227. 60 MHz. Although the L2 frequency is currently not part of SPS, the U. S. Government has decided to add a second non- safety- of- life coded signal at the GPS L2 frequency on satellites scheduled for launch beginning in 2005. 105 PPS is an encoded signal primarily intended for use by the U. S. Department of Defense. 106 47 C. F. R. § 2.106, footnote 5. 328. 107 Footnote 5.328A reads as follows: Additional allocation: the band 1164- 1215 MHz is also allocated to the radionavigation- satellite service (space- to- Earth) (space- to- space) on a primary basis. The aggregate power flux-density produced by all the space stations of all radionavigation- satellite systems at the Earth’s surface shall not exceed the provisional value of –115 dB( W/ m²) in any 1 MHz band for all angles of arrival. Stations in the radionavigation- satellite service shall not cause harmful interference to, nor claim protection from, stations of the aeronautical- radionavigation service. The provisions of Resolution 605 (WRC- 2000) apply. 108 47 C. F. R. § 2.106, footnote 5. 334. 28 Federal Communications Commission FCC 04- 74 29 service (Earth- to- space) (AMSAT uplinks) may operate in the band 1260- 1270 MHz, subject to not causing harmful interference to other services operating in accordance with the Table. 109 75. While the use of the radiolocation service and the ARNS are unconstrained in the band 1215- 1300 MHz, stations in the EESS (active) and SRS (active), which are commonly referred to as active spaceborne sensors, and the RNSS are limited. Specifically, RNSS (space- to- space) use of the band 1215- 1300 MHz is not intended to provide safety service applications, and its use will not impose any additional constraints on other systems or services operating in accordance with the International Table. 110 Active spaceborne sensors must not cause interference to, claim interference from, or otherwise impose constraints on the operation or development of the radiolocation service in the band 1215- 1300 MHz, the RNSS in the segment 1215- 1260 MHz, the ARNS in the United States and Canada in the band 1240- 1300 MHz, and other primary services. 111 76. In the United States, the band 960- 1215 MHz is Federal/ non- Federal Government shared spectrum that is allocated to the ARNS on a primary basis. International footnote 5.328 has been adopted domestically, thereby reserving this ARNS allocation for the operation and development of airborne electronic aids to air navigation and any directly associated ground- based facilities. This band is heavily used for safety- of- life services within national and international airspace systems. Nearly all aspects of aircraft identification, tracking, control, navigation, collision avoidance, and landing guidance are carried out in this band. Major ARNS systems in this band include Distance Measuring Equipment (DME), Air Traffic Control Radar Beacon System (ATCRBS), the military’s tactical air navigation system (TACAN), and the Traffic Alert and Collision Avoidance System (TCAS). These aeronautical systems are not only essential to civil and military aircraft, but also to special users such as the U. S. Space Shuttle program. In addition, footnote US224 states that Federal Government systems utilizing spread spectrum techniques may, under limited circumstances, operate in the band 960- 1215 MHz on the condition that harmful interference is not caused to ARNS. 112 77. The band 1215- 1300 MHz is allocated to the EESS (active), SRS (active), and radiolocation service on a primary basis for Federal Government use. 113 The use of the radiolocation service allocation in this band is primarily for the military services, except that limited secondary use is permitted by other Federal agencies in support of experimentation and research programs. 114 The sub- band 1215- 1240 MHz is also allocated to the RNSS (space- to- Earth) (space- to- space) on a primary basis for Federal Government use. 115 Footnotes 5.332 and 5.335 have been added to the Federal Government Table, 109 47 C. F. R. § 2.106, footnote 5. 282. 110 47 C. F. R. § 2.106, footnote 5. 329A. 111 47 C. F. R. § 2.106, footnotes 5.332, 5. 335, and 5. 335A. In certain Region 1 and 3 countries, the band 1215- 1300 MHz is also allocated to the fixed and mobile services on a co- primary basis (5. 330) and/ or to the radionavigation service on a primary basis (5. 331). 47 C. F. R. § 2.106, footnotes 5.330 and 5.331. In addition, the use of the RNSS allocation in the band 1215- 1300 MHz is subject to the condition that no harmful interference is caused to, and no protection is claimed from, the radionavigation service in the countries listed in footnote 5.331. 47 C. F. R. § 2. 106, footnote 5.329. 112 47 C. F. R. § 2.106, footnote US224. 113 Radiolocation use is primarily for the military services. 47 C. F. R. § 2.106, footnote G56. 114 47 C. F. R. § 2.106, footnote G56. The major radiolocation systems in this band are operated by the Department of Defense. Radars in this band are also mounted on tethered balloons along the southern border of the U. S. for drug interdiction purposes to detect low- flying aircraft entering U. S. airspace. 115 GPS makes use of this RNSS downlink allocation with a center frequency at 1227.6 MHz, which is generally known as the L2 link. 29 Federal Communications Commission FCC 04- 74 30 thereby requiring that active spaceborne sensors not cause interference to, claim interference from, or otherwise impose constraints on the operation or development of the RNSS and radiolocation service in the sub- band 1215- 1260 MHz and the ARNS in the sub- band 1240- 1300 MHz. 78. Footnote 5.334 has been added to the U. S. Table, thereby allocating the sub- band 1240- 1300 MHz to the ARNS on a primary basis for Federal and non- Federal Government use. The band 1215- 1300 MHz is allocated to the EESS (active) and SRS (active) on a secondary basis for non- Federal Government use. The sub- band 1240- 1300 MHz is allocated to the amateur service on a secondary basis and the sub-band 1260- 1270 MHz is available for AMSAT uplinks. 79. At WRC- 03, the primary RNSS (space- to- Earth) (space- to- space) allocation in the band 1164- 1215 MHz was removed from footnote 5.328A and made a table entry. WRC- 03 revised footnote 5.328A to establish conditions for the protection of the ARNS from RNSS systems in the band 1164- 1215 MHz. 116 WRC- 03 also revised footnote 5.329 to establish conditions for the protection of radiodetermination services from RNSS systems in the band 1215- 1300 MHz. 117 WRC- 03 decided to continue to resolve RNSS intersystem technical compatibility issues on a bilateral basis until January 1, 2005; after which, normal coordination procedures would apply. 118 80. In a recent action, we allocated the band 1164- 1215 MHz to the RNSS (space- to- Earth) (space- to- space) on a primary basis on the condition that ARNS is protected (footnote US385). 119 We took this action based on NTIA’s recommendation. We stated that in this Omnibus NPRM, we would address how best to reference the WRC- 03 protection criteria for ARNS, whether by adopting revised footnote 5.328A or by modifying our Part 25 satellite service rules. 81. Proposals. We propose to remove the RNSS (space- to- Earth) (space- to- space) allocation in the band 1164- 1215 MHz from footnote US385 and make it a table entry. 120 We also propose to adopt 116 Footnote 5. 328A was revised to read as follows: “Stations in the radionavigation- satellite service in the band 1164- 1215 MHz shall operate in accordance with the provisions of Resolution 609 (WRC- 03) and shall not claim protection from stations in the aeronautical radionavigation service in the band 960- 1215 MHz. No. 5.43A does not apply. The provisions of No. 21. 18 shall apply.” See WRC- 03 Final Acts, Resolution 609 (Coordination and bilateral resolution of technical compatibility issues for RNSS networks and systems in the bands 1164- 1300 MHz, 1559- 1610 MHz and 5010- 5030 MHz). 117 Footnote 5. 329 was revised to read as follows: “Use of the radionavigation- satellite service in the band 1215- 1300 MHz shall be subject to the condition that no harmful interference is caused to, and no protection is claimed from, the radionavigation service authorized under No. 5.331. Furthermore, the use of the radionavigation-satellite service in the band 1215- 1300 MHz shall be subject to the condition that no harmful interference is caused to the radiolocation service. No. 5.43 shall not apply in respect of the radiolocation service. Resolution 608 (WRC- 03) shall apply.” See WRC- 03 Final Acts, Resolution 608 (Use of the frequency band 1215- 1300 MHz by systems of the RNSS (space- to- Earth)). 118 Specifically, WRC- 03 adopted footnote 5.328B, which reads as follows: “The use of the bands 1164- 1300 MHz, 1559- 1610 MHz and 5010- 5030 MHz by systems and networks in the radionavigation- satellite service for which complete coordination or notification information, as appropriate, is received by the Radiocommunication Bureau after 1 January 2005 is subject to the application of the provisions of Nos. 9. 12, 9. 12A and 9.13. Resolution 610 (WRC– 03) shall also apply.” 119 Above 28 MHz R& O at paras. 31 and 33. Footnote US385 reads as follows: The band 1164- 1215 MHz is also allocated to the radionavigation- satellite service (space- to- Earth, space- to- space) on a primary basis. In this band, stations in the radionavigation- satellite service shall not cause harmful interference to, nor claim protection from, stations of the aeronautical radionavigation service. 120 Consequently, footnote US385 would be deleted. 30 Federal Communications Commission FCC 04- 74 31 international footnote 5.328A, which requires that RNSS stations in the band 1164- 1215 MHz operate in accordance with Resolution 609 (WRC- 03) and that they not claim protection from ARNS in the band 960- 1215 MHz. 82. NTIA has informed us that it intends to limit Federal Government use of the RNSS (space-to- Earth) (space- to- space) allocation in the band 1215- 1240 MHz through new footnote Gxxx, which would read as follows: 121 Gxxx Use of the radionavigation- satellite service in the band 1215- 1240 MHz shall be subject to the condition that no harmful interference is caused to, and no protection is claimed from, the radionavigation service authorized under ITU Radio Regulation No. 5. 331. Furthermore, the use of the radionavigation- satellite service in the band 1215- 1240 MHz shall be subject to the condition that no harmful interference is caused to the radiolocation service. ITU Radio Regulation No. 5.43 shall not apply in respect of the radiolocation service. ITU Resolution 608 (WRC- 03) shall apply. 83. As indicated above, the band 1240- 1300 MHz is allocated to the ARNS in the United States and Canada on a primary basis in footnote 5.334 and this international footnote has previously been added to the U. S. Table. At WRC- 03, this ARNS allocation was moved to footnote 5.331, but its primary status was not explicitly restated. Therefore, we propose to remove this primary ARNS allocation in the band 1240- 1300 MHz from deleted international footnote 5.334 and make it a table entry. We request comment on these proposals and on whether the RNSS allocation at 1215- 1240 MHz, which is currently limited to Federal Government use, should be expanded to the band 1215- 1300 MHz and made available for both Federal and non- Federal Government use. In this regard, we note that Lockheed Martin Corporation in 2001 filed a waiver with the Commission in order to use the band 1215- 1240 MHz for its Regional Positioning System. 122 If non- Federal Government entities demonstrate that they have RNSS requirements in the band 1215- 1300 MHz, we will work closely with NTIA to determine if spectrum can be allocated for that purpose. 2. RNSS at 5000- 5030 MHz 84. Background. The band 5000- 5150 MHz is allocated to the ARNS and the aeronautical mobile- satellite (R) service (AMS( R) S) on a co- primary basis throughout the world. 123 Footnote 5.444 states that the band 5030- 5150 MHz is to be used for the operation of the Microwave Landing System (MLS) for precision approach and landing of aircraft and that MLS requirements take precedence over other uses of this band. 124 However, the MLS currently operates only in the segment 5030- 5091 MHz and the AMS( R) S allocation is unused. 85. Various segments of the band 5000- 5150 MHz are allocated to other radiocommunication services on a worldwide basis. Specifically, the band 5000- 5010 MHz is allocated to the RNSS 121 See NTIA WRC- 03 Recommendations, Enclosure 1 at Agenda Item 1.15 and Enclosure 2 at p. 59. We note that since the band 1240- 1300 MHz is not allocated to the RNSS in the United States, NTIA has created footnote Gxxx, which is based on footnote 5. 329, except that footnote Gxxx applies only to the band 1215- 1240 MHz, whereas footnote 5. 329 applies to the band 1215- 1300 MHz. 122 See Lockheed Martin Petition for Rule Making, received September 28, 2001; placed on public notice on November 15, 2001, in Rep. No. 2512, therein designated as RM- 10331. Lockheed Martin stated that it currently provides the geostationary component of the Wide Area Augmentation System (WAAS) for demonstration purposes, and that it will be necessary for a commercial operator to obtain a license to build and deploy GPS augmentation broadcast satellites. 123 The band 5000- 5150 MHz is allocated to the AMS( R) S by footnote 5.367. 47 C. F. R. § 2. 106, footnote 5.367. 124 47 C. F. R. § 2.106, footnote 5. 444. 31 Federal Communications Commission FCC 04- 74 32 (Earth- to- space) on a primary basis (footnote 5.443A). 125 The band 5010- 5030 MHz is allocated to the RNSS (space- to- Earth) (space- to- space) on a primary basis and this RNSS allocation is subject to technical limits to ensure that harmful interference is not caused to the MLS or the RAS in the adjacent 4990- 5000 MHz band (footnote 5.443B). 126 The band 5091- 5150 MHz is allocated to the FSS (Earth- to-space) on a primary basis and its use is limited to feeder links for NGSO MSS systems, subject to coordination and other regulatory requirements to protect RNSS and ARNS (footnote 5.444A). 127 86. In the United States, the band 5000- 5150 MHz is allocated to the ARNS and the AMS( R) S on a co- primary basis for Federal and non- Federal Government use. 128 Aeronautical mobile communications which are an integral part of ARNS systems may also be performed in this band. 129 The band 5091- 5150 MHz is allocated for NGSO MSS feeder links in accordance with footnote 5.444A. The MLS continues to take precedence over other uses of the band 5000- 5150 MHz (footnote US370), instead of the segment 5030- 5150 MHz (footnote 5.444), because the segment 5000- 5030 MHz has not been allocated for RNSS use in the United States. In addition, the Commission provides guidance to NGSO MSS earth station operators to assist them in better protecting the MLS 130 and urges applicants for airborne or space station assignments to take all practicable steps to protect RAS observations in the band 4990- 5000 MHz. 131 125 47 C. F. R. § 2.106, footnote 5. 443A. 126 47 C. F. R. § 2.106, footnote 5. 443B, which states: Additional allocation: The band 5010- 5030 MHz is also allocated to the radionavigation- satellite service (space- to- Earth) (space- to- space) on a primary basis. In order not to cause harmful interference to the microwave landing system operating above 5030 MHz, the aggregate power flux- density produced at the Earth’s surface in the band 5030- 5150 MHz by all the space stations within any radionavigation- satellite service system (space- to- Earth) operating in the band 5010- 5030 MHz shall not exceed -124. 5 dB( W/ m 2 ) in a 150 kHz band. In order not to cause harmful interference to the radio astronomy service in the band 4990- 5000 MHz, the aggregate power flux- density produced in the 4990- 5000 MHz band by all the space stations within any radionavigation- satellite service (space- to- Earth) system operating in the 5010- 5030 MHz band shall not exceed the provisional value of -171 dB( W/ m 2 ) in a 10 MHz band at any radio astronomy observatory site for more than 2% of the time. For the use of this band, Resolution 604 (WRC- 2000) applies. 127 47 C. F. R. § 2. 106, footnote 5.444A, which states: Additional allocation: the band 5091- 5150 MHz is also allocated to the fixed- satellite service (Earth- to- space) on a primary basis. This allocation is limited to feeder links of non- geostationary mobile- satellite systems and is subject to coordination under No. 9. 11A. In the band 5091- 5150 MHz, the following conditions also apply: 1) prior to 1 January 2010, the use of the band 5091- 5150 MHz by feeder links of non- geostationary- satellite systems in the mobile- satellite service shall be made in accordance with Resolution 114 (WRC- 95); 2) prior to 1 January 2010, the requirements of existing and planned international standard systems for the aeronautical radionavigation service which cannot be met in the 5000- 5091 MHz band, shall take precedence over other uses of this band; 3) after 1 January 2008, no new assignments shall be made to stations providing feeder links of non- geostationary mobile- satellite systems; and 4) after 1 January 2010, the fixed- satellite service will become secondary to the aeronautical radionavigation service. 128 The allocation to the AMS( R) S is found in international footnote 5.367, which has been added to the U. S. Table. 129 47 C. F. R. § 2.106, footnote US260. 130 47 C. F. R. § 2. 106, footnote US344, which reads: In the band 5091- 5250 MHz, non- Government earth stations in the fixed- satellite service (Earth- to- space) shall be coordinated through the Frequency Assignment Subcommittee (see Recommendation ITU- R S. 1342). In order to better protect the operation of the international standard system (microwave landing system) in the band 5000- 5091 MHz, non- Government tracking and telecommand operations should be conducted in the band 5150- 5250 MHz. 131 47 C. F. R. § 2.106, footnotes US211, US74. Footnote US211 goes on to state that footnote US74 applies. Thus, in the band 4990- 5000 MHz, the RAS is protected from extraband radiation only to the extent that such radiation (continued....) 32 Federal Communications Commission FCC 04- 74 33 87. At WRC- 03, the primary RNSS (Earth- to- space) allocation in the band 5000- 5010 MHz was removed from international footnote 5.443A and made a table entry and footnote 5.443A was suppressed. The primary RNSS (space- to- Earth) (space- to- space) allocation in the band 5010- 5030 MHz was removed from international footnote 5.443B and made a table entry. Footnote 5.443B was modified to remove the RNSS allocation and to specify that RNSS systems must comply with the pfd limits in the band 4990- 5000 MHz defined in Resolution 741. Those pfd limits are more stringent than the current provisional limit of -171 dB( W/ m²) in a 10 megahertz band at any RAS site for no more than 2% of the time. 132 Under Resolution 741, the pfd produced in the band 4990- 5000 MHz by any GSO RNSS network operating in the band 5010- 5030 MHz must not exceed the current limit at all times, that is, no 2% exception. 133 For NGSO RNSS networks, the limit is significantly tightened to -245 dB( W/ m²) in a 10 megahertz band at any RAS site for no more than 2% of the time. 88. At WRC- 03, footnote 5. 444A was modified to extend the period during which NGSO MSS feeder links have primary status in the band 5091- 5150 MHz by ten years, that is, to January 1, 2018. 134 After that date, NGSO MSS feeder links will become secondary to the ARNS. In addition, the period during which new assignments to NGSO MSS earth stations may be made was extended by four years to January 1, 2012. Finally, footnote 5.444 was modified to refer to Resolution 114, which was modified at WRC- 03. Specifically, WRC- 03 resolved that the ARNS and FSS allocations in the band 5091- 5150 MHz should be reviewed at a future competent conference prior to 2018 and that studies should be undertaken on compatibility between new ARNS systems and NGSO MSS feeder links. 89. Proposal. Consistent with the WRC- 03 Final Acts, we propose to allocate the band 5000- 5030 MHz to the RNSS on a primary basis for Federal and non- Federal Government use. We further propose to limit the use of the segment 5000- 5010 MHz to Earth- to- space transmissions and the segment 5010- 5020 MHz to space- to- Earth and space- to- space transmissions. Consequently and also (... continued from previous page) exceeds the level which would be present if the offending station were operating in compliance with its technical rules 132 Modified footnote 5.443B reads as follows: “In order not to cause harmful interference to the microwave landing system operating above 5030 MHz, the aggregate power flux- density produced at the Earth’s surface in the band 5030- 5150 MHz by all the space stations within any radionavigation- satellite service system (space- to- Earth) operating in the band 5010- 5030 MHz shall not exceed –124.5 dB( W/ m²) in a 150 kHz band. In order not to cause harmful interference to the radio astronomy service in the band 4990- 5000 MHz, radionavigation- satellite service systems operating in the band 5010- 5030 MHz shall comply with the limits in the band 4990- 5000 MHz defined in Resolution 741 (WRC- 03).” 133 See WRC- 03 Final Acts, Resolution 741, resolves 1. 134 Modified footnote 5.444A reads as follows: “Additional allocation: the band 5091- 5150 MHz is also allocated to the fixed- satellite service (Earth- to- space) on a primary basis. This allocation is limited to feeder links of non- geostationary mobile- satellite systems in the mobile- satellite service and is subject to coordination under No. 9.11A. In the band 5091- 5150 MHz, the following conditions also apply: – prior to 1 January 2018, the use of the band 5091- 5150 MHz by feeder links of non- geostationary- satellite systems in the mobile- satellite service shall be made in accordance with Resolution 114 (Rev. WRC- 03); – prior to 1 January 2018, the requirements of existing and planned international standard systems for the aeronautical radionavigation service which cannot be met in the 5000- 5091 MHz band, shall take precedence over other uses of this band; – after 1 January 2012, no new assignments shall be made to earth stations providing feeder links of non-geostationary mobile- satellite systems; – after 1 January 2018, the fixed- satellite service will become secondary to the aeronautical radionavigation service.” 33 Federal Communications Commission FCC 04- 74 34 because MLS does not operate in the band 5000- 5030 MHz, we propose to replace footnote US370 with footnote 5.444, thereby removing the band 5000- 5030 MHz from the spectrum in which MLS has precedence over other uses. In order to protect MLS operations above 5030 MHz and RAS observations in the band 4990- 5000 MHz, we propose to limit the adjacent band pfd at the Earth’s surface from RNSS operations in the band 5010- 5030 MHz through the adoption of footnote 5.443B. 135 This action would align the band 5000- 5030 MHz with international usage by providing 10 megahertz of spectrum for RNSS uplinks and 20 megahertz for RNSS downlinks and crosslinks. We seek comment on this proposal and information on future ARNS use of the band 5030- 5150 MHz. Table 4, below, provides an overview of all of the RNSS proposals discussed in this section. 135 See note 132, supra, for the text of revised footnote 5.443B. 34 Federal Communications Commission FCC 04- 74 35 Table 4: RNSS Proposals (Primary allocations are shown in capitals; secondary allocations are in normal characters, unless otherwise specified) Band International Allocations Prior to WRC- 03 Existing U. S. Allocations WRC- 03 Final Acts Proposed U. S. Allocations Remarks 960- 1164 MHz ARNS 5.328 960- 1164 MHz ARNS 5.328 US224 No substantive change. ARNS 5.328 US385 (1164- 1215 MHz is allocated to the RNSS (space- to- Earth, space- to- space) on a primary basis, but may not cause harmful IX to, nor claim protection from, ARNS.) 1164- 1215 MHz ARNS 5.328 RNSS (space- to- Earth) (space- to- space) 5.328A 960- 1215 MHz ARNS 5.328 (ARNS use is reserved on a worldwide basis for the operation and development of airborne electronic aids to air navigation and any directly associated ground- based facilities) 5.328A (1164- 1215 MHz is allocated to the RNSS (space- to- Earth) (space- to- space) on a primary basis; the aggregate pfd shall not exceed the provisional value of -115 dB (W/ m²) in any 1 MHz. RNSS shall not cause harmful interference (IX) to, nor claim protection from, ARNS) US224 (Federal systems utilizing spread spectrum techniques for terrestrial communication, navigation & identification may operate if IX not caused to ARNS.) 1164- 1215 MHz ARNS 5.328 RNSS (space- to- Earth)( space- to- space) 5.328A (RNSS cannot claim protection from ARNS in the band 960- 1215 MHz) 5. 328B (resolve intersystem technical compatibility issues on a bilateral basis until 2005) US224 Highlight the RNSS allocation by moving it from footnote US385 up as a table entry. Adopt 5.328A domestically. Federal RNSS (space- to- Earth) (space- to- space) Federal EESS (active) & SRS (active) 5.332 Federal RADIOLOCATION G56 (in the band 1215- 1300 MHz, use is primarily for the military services) Federal RNSS (space- to- Earth) (space- to- space) Gxxx (RNSS must not cause harmful IX to, nor claim protection from, the ARNS and RNSS must not cause harmful interference to the radiolocation service.) Federal EESS (active) & SRS (active) 5.332 Federal RADIOLOCATION G56 1215- 1240 MHz RNSS (space- to- Earth) (space- to- space) 5. 329 (RNSS downlinks must not cause IX to the radionavigation service (RNS)) 5. 329A (RNSS (space- to- space) use in the band 1215- 1300 MHz is not intended to provide safety service applications) EESS (active) & SRS (active) 5. 332 (active spaceborne sensors in 1215- 1260 MHz must not cause IX to, claim protection from, or otherwise impose constrains on operation or development of the radiolocation service, RNSS, & other primary services) RADIOLOCATION In certain Region 1 & 3 countries, 1215- 1300 MHz is allocated on a primary basis to the fixed & mobile services (5. 330) & RNS (5. 331) Secondary non- Federal EESS (active) & SRS (active) RNSS (space- to- Earth) (space- to- space) 5.328B 5.329 5.329A EESS (active) & SRS (active) RADIOLOCATION 5.330 5.331 5.332 Secondary non- Federal EESS (active) & SRS (active) Federal Government use of this RNSS allocation would be limited by requiring that incumbent services be protected. Federal EESS (active) & SRS (active) 5.332 5.335 Federal RADIOLOCATION G56 Primary Federal EESS (active) & SRS (active) Federal RADIOLOCATION G56 5.334 Federal & non- Federal ARNS 5.332 5.335 1240- 1300 MHz RNSS (space- to- Earth) (space- to- space) 5. 329 5. 329A EESS (active) & SRS (active); active spaceborne sensors must not cause IX to, claim protection from, or otherwise impose constraints on operation or development of the (1) radiolocation service or primary services (5.335A); or (2) ARNS in the U. S. & Canada (5.335). RADIOLOCATION Amateur 5.282 (5650- 5670 MHz is allocated for amateur- satellite uplinks) 5.330 5.331 5.332 5.334 (In U. S. & Canada, 1240- 1300 MHz is allocated to ARNS on primary basis) Secondary non- Federal EESS (active) & SRS (active) Amateur 5.282 RNSS (space- to- Earth) (space- to- space) 5.328B 5.329 5.329A EESS (active) & SRS (active) 5.335 5.335A RADIOLOCATION Amateur 5.282 (5650- 5670 MHz is allocated for amateur- satellite uplinks) 5.330 5.332 5.331 (in certain nations, primary RNS in 1215- 1300 MHz; in U. S. & Canada, 1240- 1300 MHz allocated to ARNS) Secondary non- Federal EESS (active) & SRS (active) Amateur Move ARNS allocation to a new United States footnote so that its primary status can be maintained. 5000- 5010 MHz ARNS 5.367 RNSS (Earth- to- space) 5000- 5010 MHz ARNS 5.367 US260 US344 RNSS (Earth- to- space) US211 Allocate 10 megahertz for RNSS uplinks. ARNS US260 (aeronautical mobile, integral to ARNS, permitted) US370 (5000- 5150 MHz is to be used for MLS) 5.367 US211 (applicants urged to protect RAS) 5010- 5030 MHz ARNS 5.367 RNSS (space- to- Earth) (space- to- space) 5.328B 5.443B 5010- 5030 MHz ARNS US260 US344 RNSS (space- to- Earth) (space- to- space) 5.443B 5.367 US211 Allocate 20 megahertz for RNSS downlinks and crosslinks. 5000- 5150 MHz ARNS 5.444 (5030- 5150 MHz is to be used for microwave landing system (MLS)) 5.367 (5000- 5150 MHz allocated for primary AMS( R) S) 5.443A (5000- 5010 MHz is allocated to the RNSS (Earth- to- space) on a primary basis) 5. 443B (5010- 5030 MHz is allocated to the RNSS (space- to- Earth)( space- to- space) on a primary basis; provisional aggregate pfd limits established) 5.444A (5091- 5150 MHz allocated for primary NGSO MSS feeder uplinks until 2010) 5.444A US344 (non- Federal tracking & telecommand should be conducted in 5150- 5250 MHz) 5030- 5150 MHz ARNS 5.367 5.444 5.444A 5030- 5150 MHz ARNS US260 5.367 5.444 5.444A US211 US344 Replace US370 with 5.444. 35 Federal Communications Commission FCC 04- 74 36 E. Little LEO Feeder Link Spectrum 90. Background. The band 1390- 1392 MHz is allocated to the radiolocation service on a primary basis throughout the world, and it is also allocated to the fixed and mobile services on a co- primary basis in Region 1. The band is also allocated to the SRS (passive) and EESS (passive) on a secondary basis by footnote 5.339. 136 Further, footnote 5.149 urges administrations to take all practicable steps when assigning uses in the band 1330- 1400 MHz, to protect the RAS from harmful interference. 137 Footnote 5.149 also stresses that emissions from spaceborne or airborne stations can be particularly serious sources of interference to the RAS. 91. The band 1430- 1432 MHz is allocated to the fixed and mobile services on a co- primary basis throughout the world, except that the aeronautical mobile service is prohibited in Region 1. This band is also being used by some countries, including the United States, for passive research conducted in a program for the search for intentional emissions of extraterrestrial origin. 138 Finally, the band 1400- 1427 MHz, which lies between the two bands at issue, is allocated worldwide for passive operations and footnote 5.340 prohibits the transmission of all emissions in the band 1400- 1427 MHz on a worldwide basis. 139 Specifically, the band is allocated to the RAS, EESS (passive), and SRS (passive) on a co- primary basis throughout the world. The band 1400- 1427 MHz is allocated to the RAS because the rest frequency of neutral hydrogen (HI) is at 1420.406 MHz and its observation is one of the radio-frequency lines of the greatest importance to radio astronomy. 140 92. In the United States, the bands 1390- 1392 MHz and 1430- 1432 MHz were reallocated in 2001 from Federal Government use to exclusive non- Federal Government use in the 27 Megahertz R& O. 141 In that action, the Commission provisionally allocated these bands to the FSS on a primary basis, with the use of the FSS allocation in the band 1390- 1392 MHz limited to Earth- to- space transmissions and with the use of the FSS allocation in the band 1430- 1432 MHz limited to space- to-Earth transmissions. 142 The use of these FSS allocations are further limited to feeder links 143 for the Non-Voice NGSO MSS, which are generally know as Little LEOs, and is contingent on the adoption of similar 136 47 C. F. R. § 2.106, footnote 5. 339. 137 47 C. F. R. § 2.106, footnote 5. 149. 138 47 C. F. R. § 2.106, footnote 5. 341. 139 47 C. F. R. § 2.106, footnote 5. 340. In the United States, we interpret this international requirement as no station may transmit in the band 1400- 1427 MHz. 47 C. F. R. § 2. 106, footnote US246. 140 See ITU Handbook on Radio Astronomy, Radiocommunication Bureau, Geneva, 1995 at page 13. 141 Reallocation of the 216- 220 MHz, 1390- 1395 MHz, 1427- 1429 MHz, 1429- 1432 MHz, 1432- 1435 MHz, 1670- 1675 MHz, and 2385- 2390 MHz Government Transfer Bands, ET Docket No. 00- 221, Report and Order and Memorandum Opinion and Order, 17 FCC Rcd 368 (2002) (27 Megahertz R& O). 142 Specifically, we added primary FSS allocations as table entries in the bands 1390- 1392 MHz (Earth- to- space) and 1430- 1432 (space- to- Earth) and adopted footnote US368. Because satellites are power limited, the downlink allocation is normally in the lower band. However, at the request of CORF, we switched the directional indicators in order to protect RAS observations in the band 1350- 1400 MHz. See 27 Megahertz R& O at para. 52. 143 A feeder link is defined as a radio link from an earth station at a given location to a space station, or vice versa, conveying information for a radiocommunication service other than for the FSS. The given location may be at a specified fixed point, or at any fixed point within specified areas. 47 C. F. R. § 2.1. Thus, in the case of Little LEOs, a dedicated feeder link allocation would free up spectrum for service link use. A service link is a radio link from a subscriber unit to a space station, or vice versa. 36 Federal Communications Commission FCC 04- 74 37 international allocations. 144 In addition, the domestic Little LEO feeder link allocation was contingent on the completion of spectrum sharing studies, as well as other coordination and technical limitations as spelled out in footnote US368. 145 93. In the 27 Megahertz R& O, the Commission also allocated the band 1390- 1392 MHz to the fixed and mobile except aeronautical mobile services on a co- primary basis with the provisional FSS uplink allocation. The band 1390- 1392 MHz was made available for use on an unpaired basis. The Commission revised footnote US311 to take note of the fact that RAS observations are made in the band 1350- 1400 MHz on an unprotected basis at 16 sites. 146 The Commission maintained the primary land mobile service allocation in the band 1430- 1432 MHz, shifted the Wireless Medical Telemetry Service (WMTS) out of this spectrum, except that WMTS operations in seven cities will continue to operate in the segment 1430- 1431.5 MHz, 147 and otherwise made this band available for commercial telemetry use, such as meter reading. The secondary fixed service allocation, which is limited to telemetry uses, in the band 1430- 1432 MHz was raised to primary status. 94. The international primary passive allocations for the RAS, EESS, and SRS in the band 1400- 1427 MHz have been adopted domestically. However, rather than adopting footnote 5.149 regarding protection of passive operations, the Commission adopted footnote US74, which states that the RAS in the band 1400- 1427 MHz shall be protected from extraband radiation only to the extent that such radiation exceeds the level permitted for a properly operated station. 148 95. At WRC- 03, the United States was able to garner conditional support for a worldwide secondary allocation for Little LEO feeder links. Specifically, WRC- 03 adopted footnote 5.339A, which provides for secondary FSS allocations at 1390- 1392 MHz for Earth- to- space transmissions and at 144 Little LEOs (Low Earth Orbit satellites), which operate under MSS allocations, are prohibited from providing voice services and from operating in the geostationary orbit. In the Commission’s Rules, 1.85 megahertz of spectrum has been designated for use by Little LEO downlinks (137- 138 MHz and 400. 15- 401 MHz) and 2.2 megahertz of spectrum has been designated as being available for use by Little LEO uplinks (148- 150. 05 MHz and 399. 9- 400. 05 MHz). 47 C. F. R. § 25. 202( a)( 3). Currently, Little LEO spectrum must be used for both service links and feeder links. At this time, ORBCOMM LLC and Volunteers in Technical Assistance, Inc. (VITA) are providing service using Little LEO spectrum. 145 Footnote US368 reads as follows: “The band 1390- 1392 MHz is also allocated to the fixed- satellite service (Earth- to- space) on a primary basis and the band 1430- 1432 MHz is also allocated to the fixed- satellite service (space- to- Earth) on a primary basis, limited to feeder links for the Non- Voice Non- Geostationary Mobile- Satellite Service, and contingent on (1) the completion of sharing studies including the measurement of emissions from equipment that would be employed in operational systems and demonstrations to validate the studies as called for in Resolution 127 (WRC- 2000), (2) the adoption of worldwide feeder link allocations at the 2003 World Radiocommunication Conference (WRC- 03), and (3) compliance with any technical and operational requirements that may be imposed at WRC- 03 to protect passive services in the 1400- 1427 MHz band from unwanted emissions associated with such allocations. These allocations become effective upon adoption of worldwide allocations at WRC- 03. If no such allocations are adopted by WRC- 03, these allocations shall be considered null and void, with no grandfathering of rights. Individual assignments shall be coordinated with the Interdepartmental Radio Advisory Committee's (IRAC) Frequency Assignment Subcommittee (FAS) (see, for example, Recommendations ITU- R RA. 769- 1 and ITU R SA. 1029- 1) to ensure the protection of passive services in the 1400- 1427 MHz band. Coordination shall not be completed until the feeder downlink system is tested and certified to be in conformance with the technical and operational requirements for the protection of passive services in the 1400- 1427 MHz band. Certification and all supporting documentation shall be submitted to the Commission and FAS prior to launch.” 146 47 C. F. R. § 2.106, footnote US311. 147 47 C. F. R. § 2.106, footnote US350. 148 47 C. F. R. § 2.106, footnote US74. 37 Federal Communications Commission FCC 04- 74 38 1430- 1432 MHz for space- to- Earth transmissions for Little LEO operations, subject to Resolution 745. 149 In Resolution 745, WRC- 03 resolves that the Little LEO feeder link allocations “shall not be used until the completion of ITU- R studies on all identified compatibility issues as shown in Annex 1 of this Resolution and the results of these studies shall be reported to WRC- 07 [World Radiocommunication Conference, 2007] and the decisions should be taken by WRC- 07 accordingly.” 150 96. Proposal. While WRC- 03 allocated spectrum for Little LEO feeder links on a secondary basis throughout the world, WRC- 03 resolved that use of these allocations is contingent on the subsequent completion of ITU- R spectrum sharing studies to determine the impact of these NGSO FSS operations on incumbent services, including passive service operations in the adjacent band 1400- 1427 MHz. Furthermore, Resolution 745 indicates that any Little LEO use of these bands is subject to additional decisions on compatibility issues that may be adopted at WRC- 07. 151 97. Given the differences between US368 and the decision made at WRC- 03, we are reconsidering this conditional allocation herein to conform to the WRC- 03 allocation. We tentatively conclude that the best way forward is to implement WRC- 03’s decision regarding Little LEO feeder links. We continue to recognize that it is important for sharing studies for these bands to be successfully completed. 152 We tentatively find that replacing footnote US368 with 5.339A is insufficient for our needs. Instead, we propose to maintain footnote US368 in a modified form that recognizes the actions taken at WRC- 03. Specifically, we propose the following actions: First, we would downgrade the provisional Little LEO feeder link allocations from primary to secondary status. Second, we would require the completion of ITU- R studies on all identified compatibility issues as shown in Annex 1 of Resolution 745 (WRC- 2003). Third, we would make any use of the worldwide feeder links subject to any further compatibility decisions by WRC- 07. Accordingly, we propose to amend the Table entries for the FSS uplink allocation in the band 1390- 1392 MHz and the FSS downlink allocation in the band 1430- 1432 MHz to show secondary status in lieu of primary status, and to revise footnote US368 to read as follows: US368 The use of the bands 1390- 1392 MHz and 1430- 1432 MHz by the fixed- satellite service is limited to feeder links for the Non- Voice Non- Geostationary Mobile- Satellite Service and is contingent on (1) the completion of ITU- R studies on all identified compatibility issues as shown in Annex 1 of Resolution 745 (WRC- 2003); (2) measurement of emissions from equipment that would be employed in operational systems and demonstrations to validate the studies as called for in Resolution 745 (WRC- 2003); and (3) compliance with any technical and operational requirements that may be imposed at WRC- 07 to protect other services in these bands and passive services in the band 1400- 1427 MHz from unwanted emissions. Individual assignments shall be coordinated with the Interdepartment Radio Advisory Committee's (IRAC) Frequency Assignment Subcommittee (FAS) (see, for example, Recommendations ITU- R RA. 769- 1 and ITU- R SA. 1029- 1) to ensure the protection of passive services in the band 1400- 1427 MHz. Coordination shall not be completed until the feeder uplink and downlink systems are tested and certified to be in conformance with the technical and operational requirements for the protection of passive services in the band 1400- 1427 149 Footnote 5.339A reads as follows: “Additional allocation: the band 1390- 1392 MHz is also allocated to the fixed- satellite service (Earth- to- space) on a secondary basis and the band 1430- 1432 MHz is also allocated to the fixed- satellite service (space- to- Earth) on a secondary basis. These allocations are limited to use for feeder links for non- geostationary- satellite networks in the mobile- satellite service with service links below 1 GHz, and Resolution 745 (WRC- 03) applies.” 150 See WRC- 03 Final Acts at Resolution 745 (Protection of existing services in all Regions from non- geostationary-satellite networks in the fixed- satellite service using the frequency bands around 1.4 GHz on a secondary basis), resolves 1. 151 Ibid., resolves 2. 152 See para. 95, supra. 38 Federal Communications Commission FCC 04- 74 39 MHz. Certification and all supporting documentation shall be submitted to the Commission and the FAS prior to launch. 98. Further, any Little LEO application for use of these bands will be subject to the outcome of this rule making. The Commission would review the results of any studies and measurements of emissions from equipment that would be employed in operational systems and demonstrations to validate the studies. The Commission would decide what technical and operational requirements to impose to protect other services, and individual assignments would be coordinated with the FAS to ensure the protection of passive services in the band 1400- 1427 MHz. Any further decisions taken by WRC- 07 would be considered by the Commission once they are final. We request comment on these proposals. F. Radiolocation Upgrade in the Band 2900- 3100 MHz 99. Background. The band 2900- 3100 MHz is allocated to the radionavigation service on a primary basis throughout the world, with ARNS use limited to ground- based radars. 153 In addition, prior to WRC- 03, the band 2900- 3100 MHz was allocated to the radiolocation service on a secondary basis throughout the world. In the band 2900- 3100 MHz, the use of the shipborne interrogator- transponder system is limited to the sub- band 2930- 2950 MHz, 154 and international footnote 5.427 requires that the response from radar transponders must not be capable of being confused with the response from radar beacons (racons) and must not cause interference to ship or aeronautical radars in the radionavigation service. 155 100. In the United States, the band 2900- 3100 MHz is allocated to the maritime radionavigation service on a primary basis and to the radiolocation service on a secondary basis for Federal and non-Federal Government use. This band is primarily used for maritime radars and radar beacons (racons). Radars of this type are required on cargo and passenger ships by international treaty (SOLAS) for safety purposes. Racons operate in conjunction with maritime radars to provide electronic markers to identify maritime obstructions and navigation points. 156 101. Federal Government use of the secondary radiolocation service allocation is primarily for the military services, except that limited use is permitted for survey operations and in support of experimentation and research programs. 157 International footnote 5.427, described above, has been adopted domestically. The radiolocation service may be authorized for non- Federal Government use on the condition that no harmful interference is caused to Federal Government operations. 158 The band 2900- 3000 MHz is also allocated on a primary basis to the meteorological aids service for Federal Government use and operations in this service are limited to Next Generation Weather Radar (NEXRAD) systems where accommodation in the band 2700- 2900 MHz is not technically practical. 159 153 47 C. F. R. § 2.106, footnote 5. 426. 154 47 C. F. R. § 2.106, footnote 5. 425. 155 47 C. F. R. § 2.106, footnote 5. 427. This international footnote provides an exception by referencing ITU Radio Regulation 4.9 (no provision of these Regulations prevents the use by a station in distress, or by a station providing assistance to it, of any means of radiocommunication at its disposal…). 156 See http:// www. tscm. com/ nebbia4. html. 157 47 C. F. R. § 2.106, footnote G56. 158 47 C. F. R. § 2.106, footnote US44. 159 47 C. F. R. § 2.106, footnote US316. 39 Federal Communications Commission FCC 04- 74 40 102. At WRC- 03, the secondary allocation to the radiolocation service in the band 2900- 3100 MHz was upgraded to primary status. WRC- 03 also adopted footnote 5.424A, which requires that radiolocation operations protect and not hinder radionavigation services. 160 103. NTIA requests that the Federal Government’s secondary allocation for the radiolocation service in the band 2900- 3100 MHz be upgraded to primary status and that the incumbent radionavigation service be protected from the new co- primary radiolocation service through the adoption of footnote 5.424A in the Federal Government Table. 161 104. Proposal. We propose to upgrade the Federal Government’s radiolocation service allocation in the band 2900- 3100 MHz to primary status and to add international footnote 5.424A to the Federal Government Table to protect important ship navigation systems. As described in more detail in the U. S. Proposal for WRC- 03, radionavigation radars operating in the band 2900- 3100 MHz have demonstrated compatible operations with radiolocation systems, mainly as a result of newer radar design features that mitigate received radar- to- radar interference. 162 We believe that this action would increase the usefulness of this band without causing any burden on existing operations. We request comment on this proposal and on whether the secondary non- Federal Government radiolocation service allocation should also be upgraded to primary status. G. Terms, Definitions, and Editorial Amendments 105. In order to reflect additions and revisions to the terms and definitions listed in the ITU Radio Regulations and in the WRC- 03 Final Acts, we propose to amend Section 2.1 of the Commission’s Rules 163 to: (1) add definitions for adaptive system and high altitude platform station (HAPS); (2) revise the definitions for coordinated universal time (UTC), coordination area, coordination distance, facsimile, geostationary satellite, harmful interference, inclination of an orbit of an earth satellite, telegraphy, and telephony; and (3) make minor editorial modifications to the definitions for administration, broadcasting service, mobile service, permissible interference, power, public correspondence, radio, radiocommunication, safety service, semi- duplex operation, telecommunication, and telegram. We would also correct a typographical error in the definition for telemetry. The UTC definition would also be revised in Part 73. The definitions of these terms are shown in Appendix A. 106. We also propose to take the following non- substantive actions in this proceeding, which would correct and update Section 2.106 of the Commission’s Rules, the Table of Frequency Allocations (Table). 164 The effect of these actions would be to reflect the WRC- 03 Final Acts with regard to the International Table within our Rules (columns 1- 3 of the Table), to remove confusing and unnecessary material from the U. S. Table (columns 4 and 5 of the Table), and to add rule part cross references in column 6 of the Table for the frequency bands where they are missing. Specifically, we would revise the 160 Footnote 5. 424A reads as follows: “In the band 2900- 3100 MHz, stations in the radiolocation service shall not cause harmful interference to, nor claim protection from, radar systems in the radionavigation service.” 161 See NTIA WRC- 03 Recommendations, Enclosure 1 at Agenda Item 1.17 and Enclosure 2 at p. 20. 162 See U. S. Proposal for WRC- 03, Agenda Item 1.17, at pages 60- 61. 163 47 C. F. R. § 2. 1. Terms and definitions listed in Section 2.1 are the definitive terms and definitions that prevail throughout the Commission’s Rules. 164 47 C. F. R. § 2.106. 40 Federal Communications Commission FCC 04- 74 41 table entries in the International Table and the list of International Footnotes to reflect the WRC- 03 Final Acts in those frequency bands not otherwise discussed herein. 165 107. In the U. S. Table, we propose to take six actions. First, we would delete footnote US238 from our Rules because the transition period has expired. This action means that Federal Government stations would no longer be permitted to operate in the band 1605- 1705 kHz (AM Expanded Band). Second, we would delete footnote NG129 because there are no fixed stations in Alaska listed in our licensing database for the band 76- 100 MHz. Consequently, we would also delete Sections 73.220( b) and 73.603( b) from our Rules. Third, we would delete footnote NG151 because licensees in the Cellular Radiotelephone Service have previously be authorized to provide fixed service on a primary basis and thus, there is no longer need for separate authority to provide auxiliary services on a secondary basis. Fourth, we would revise footnote US352 to delete the 14 sites in the band 1427- 1432 MHz at which Federal operations have operated on a fully protected basis because the transition period has expired. Fifth, we would delete footnote NG176 because the fixed and mobile service allocations in the band 1710- 1755 MHz, which will auctioned for use by Advanced Wireless Services (AWS), are now effective. Sixth, we would delete footnote US264 from the band 47.2- 48.2 GHz in the non- Federal Government Table because the footnote does not apply to this band. 108. In the FCC Rule Part( s) column, we would add cross references to Part 90 in the bands 4750- 4995 kHz, 5730- 5900 kHz, 6765- 7000 kHz, 9040- 9400 kHz, 9900- 9995 kHz, 10150- 11175 kHz, 11400- 11600 kHz, 12100- 12230 kHz, 13410- 13570 kHz, 13870- 14000 kHz, 14350- 14990 kHz, 15800- 16350 KHz, 17410- 17480 kHz, 18030- 18068 kHz, 18168- 18780 kHz, 19020- 19680 kHz, 19800- 19990 kHz, 20010- 21000 kHz, 21850- 21924 kHz, 22855- 23200 kHz, and 23350- 24890 kHz; 166 165 The International Table is included in our Rules for informational purposes only. 47 C. F. R. § 2.104( a). Using the Provisional WRC- 03 Final Acts, we have previously taken the following actions with regard to international footnotes: (1) added footnotes 5.197A and 5. 328B in the Aviation R& O; (2) added footnotes 5.457A, 5. 457B, 5.504A, 5.504B, 5.504C, 5.506A, 5.506B, 5.508A, and 5.509A in the Above 28 MHz R& O; (3) revised footnotes 5.447, 5.448, 5.448A, 5.448B, 5.450, 5.453, 5.454, and 5.455; and added footnotes 5.446A, 5.446B, 5.447E, 5.447F, 5.448C, 5.448D, 5.450A, and 5.450B in the 5 GHz R& O; and (4) revised footnotes 5.340, 5.547, and 5.555A; added footnotes 5.516B, 5.551H, 5.551I, and 5.554A; and removed footnotes 5.551AA and 5.551G in the V- band Second R& O. Subsequently, the ITU has completed its review and editing of the Provisional WRC- 03 Final Acts and has published the WRC- 03 Final Acts. Our staff has reviewed the WRC- 03 Final Acts and has herein provided the needed updates to the International Table, including minor changes to the text of some of the above international footnotes. Consequently, we would herein revise the text of footnotes 5.447E, 5.453, 5.454, 5.455, 5.504C, 5.506A, 5.506B, 5.508A, 5.509A, 5.516B, and 5.551I in our Rules to comport with the WRC- 03 Final Acts. In addition, the text of footnote 5.555B has been inadvertently associated with footnote number 5.555A. We would herein delete footnote 5.555A from our Rules and add footnote 5.555B. 166 The above frequency bands are listed in a corrected Public Notice titled “2- 25 MHz HF Frequency Bands Available for Part 90 Long Distance Communications,” dated August 12, 1988. These bands are available for qualified Part 90 users for operations under Section 90. 266. While the WARC- 92 HFBC bands are also listed in this Public Notice, we decline to add Part 90 cross references to these bands because after April 1, 2007, incumbent fixed and land mobile use will be authorized on the condition that harmful interference is not caused to the HFBC service and because new fixed and/ or land mobile use will not be authorized. In addition, a Public Notice titled “Local Government Radio Service 2 to 10 MHz Frequency List” states that certain of the frequencies within the bands 2194- 2495 kHz, 2505- 2850 kHz, 5005- 5450 kHz, and 7400- 8100 kHz are available for use in accordance with Section 90. 264. 47 C. F. R. §§ 90. 264, 90. 266. 41 Federal Communications Commission FCC 04- 74 42 Part 25 in the band 399.9- 400.05 MHz; 167 and Part 27 in the bands 1710- 1755 MHz and 2110- 2155 MHz. 168 These proposals are shown in Appendix A. IV. PROCEDURAL MATTERS A. Initial Regulatory Flexibility Analysis 109. As required by Section 603 of the Regulatory Flexibility Act, 5 U. S. C. § 603, the Commission has prepared an Initial Regulatory Flexibility Analysis (IRFA) of the possible significant economic impact on small entities of the proposals suggested in this document. The IRFA is set forth in Appendix B. Written public comments are requested on the IRFA. These comments must be filed in accordance with the same filing deadlines as comments filed in this Notice of Proposed Rule Making (Omnibus NPRM) provided below in Section IV. C. Comments must have a separate and distinct heading designating them as responses to the IRFA. B. Ex Parte Rules – Permit- But- Disclose Proceeding 110. This is a permit- but- disclose notice and comment rule making proceeding. Ex parte presentations are permitted, except during the Sunshine Agenda period, provided they are disclosed as provided in the Commission's rules. See generally 47 C. F. R. §§ 1. 1202, 1.1203, and 1.2306( a). C. Comments 111. Pursuant to Sections 1.415 and 1.419 of the Commission's rules, 47 C. F. R. §§ 1. 415, 1.419, interested parties may file comments on or before 30 days from date of publication in the Federal Register, and reply comments on or before 45 days from date of publication in the Federal Register. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 24121 (1998). 112. Comments filed through the ECFS can be sent as an electronic file via the Internet to http:// www. fcc. gov/ e- file/ ecfs. html. Generally, only one copy of an electronic submission must be filed. If multiple docket or rulemaking numbers appear in the caption of this proceeding, however, commenters must transmit one electronic copy of the comments to each docket or rulemaking number referenced in the caption. In completing the transmittal screen, commenters should include their full name, U. S. Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e- mail. To get filing instructions for e- mail comments, commenters should send an e- mail to ecfs@ fcc. gov, and should include the following words in the body of the message, “get form