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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Amendment of Parts 2 and 87 of the Commission's Rules Regarding the Radionavigation Service at 31.8-32.3 GHz ) ) ) ) ) ET Docket No. 98-197 REPORT AND ORDER Adopted: September 22, 2000 Released: September 26, 2000 By the Commission: I.introduction 1.By this action, we amend Part 2 of the Commission's Rules to delete the unused radionavigation service allocation from the sub-band 31.8-32.3 GHz in the Non-Federal Government Table of Frequency Allocations. Consequently, we also amend Part 87 to remove this sub-band from the list of available frequencies set forth in the rules for the Aviation Services. We take this action in response to a request from the National Telecommunications and Information Administration ("NTIA"). This action will obviate concerns for interference to the reception of deep space radiocommunications in the band 31.8-32.3 GHz from co-channel, non-Federal Government radionavigation transmissions that could otherwise occur in the future. This action will also provide adequate spectrum for future applications of the non-Federal Government radionavigation service in the remaining 1.1 gigahertz at 32.3-33.4 GHz. II.background 3.In the International Table of Frequency Allocations, the band 31.8-33.4 GHz is allocated to the radionavigation service on a primary basis throughout the world. In addition, the band 31.8-32.3 GHz is allocated to the space research service (deep space) (space-to-Earth) on a primary basis throughout the world. The band 32-33 GHz is also allocated to the inter-satellite service on a primary basis throughout the world. Furthermore, footnote S5.548 states that, in designing systems for the space research service (deep space) in the band 31.8-32.3 GHz, and for the inter-satellite and radionavigation services in the band 32-33 GHz, administrations are urged to take all necessary measures to prevent harmful interference between these services, while bearing in mind the safety aspects of the radionavigation service. 4.In the United States, the band 31.8-33.4 GHz is shared spectrum for use by both Federal and non-Federal Government licensees. The band 31.8-33.4 GHz is allocated to the radionavigation service on a primary basis and has been added to the list of frequencies available to aircraft (air carrier and private) stations and radionavigation land (unspecified) stations under the rules for Aviation Services. However, this allocation is currently unused by non-Federal Government licensees. In addition, the band 31.8-32.3 GHz is allocated to the space research service for space-to-Earth transmissions on a primary basis by footnote US262 and the use of this allocation is limited to deep space communications at Goldstone, California. The band 32-33 GHz is also allocated to the inter-satellite service on a primary basis. Footnote S5.548, as discussed in paragraph 2, also applies domestically. 5.We note that there is currently one pending application to use the band 32-33 GHz for inter- satellite links, and we expect that sharing of the sub-band 32.0-32.3 GHz may require detailed coordination between the space research and inter-satellite services. 6.On October 28, 1998, we adopted a Notice in this proceeding. We received one comment in response to the Notice. The Table, below, summarizes the existing allocations in this frequency range and our proposals for it. Table: Existing Allocations in the Band 31.8-33.4 GHz and Our Proposal Sub-bands 31.8-32 GHz 32-32.3 GHz 32.3-33 GHz 33-33.4 GHz Existing Allocations (available to both Federal and non- Federal Government licensees) Radionavigation service (ground-based radionavigation aids are not permitted except where they operate in cooperation with airborne or shipborne radionavigation devices) Space research service (limited to the reception of signals from deep space at Goldstone, California) Inter-satellite links (requested by a V-band applicant) NPRM Proposal Delete unused non-Federal Government radionavigation service from 31.8-32.3 GHz. Maintain the non-Federal Government radionavigation service allocation in the band 32.3-33.4 GHz. 7. On December 16, 1999, our Office of Engineering and Technology and Office of Managing Director amended Part 2 of the Commission's Rules to make non-substantive revisions to the Table of Frequency Allocations. The staff updated the International Table to reflect the Table of Frequency Allocations as it is found in the 1998 International Telecommunication Union ("ITU") Radio Regulations and corrected the Federal and Non-Federal Government Tables by adding missing footnote references 893 (re-numbered as S5.548), US69, US262, and US278 to the band 32-33 GHz. These revisions to the Table of Frequency Allocations had been proposed in the Notice. VIII.discussion 9.As discussed in the Notice, the NTIA, at the request of the National Aeronautics and Space Administration ("NASA"), asked that we delete the radionavigation service allocation from the sub-band 31.8-32.3 GHz in the Non-Federal Government Table of Frequency Allocations. NASA based its request on the potential for interference to its deep space receive site at Goldstone, California, from uncoordinated commercial radionavigation usage of 31.8-32.3 GHz. In support of its request, NASA cited ITU Recommendation ITU-R SA.1061 as documenting that space research (deep space) sharing with airborne operations in the radionavigation service is not feasible. NASA explained that signals received on Earth from spacecraft in deep space are extremely weak, and thus are highly susceptible to interference of all kinds. Further, NASA stressed that airborne interference sources, if present, would easily overwhelm the desired but weak signals from space. NASA pointed out that to bolster reception of signals from deep space it has fitted its large earth station antennas with cryogenically-cooled preamplifiers and has employed specialized receivers. NASA stated that it has sited the earth stations in such a way as to provide radio shielding from terrestrial radio sources sharing the same frequency band, which are potential interferers. But, NASA stated, its earth stations can not be shielded from airborne radio sources operating on frequencies within the sub-band 31.8-32.3 GHz, because the potential interfering signals may emanate from the same general direction as the desired deep space signals. 10.NASA indicated that currently, the only radionavigation operations in the sub-band 31.8-32.3 GHz are from Federal Government (military) operations. The coordination of these military operations with NASA/Goldstone has been successful, NASA said, largely because they occur infrequently. By contrast, NASA does not believe that deep space operations can be coordinated successfully with private or commercial aircraft using terrain-following or landing-aid radars operating on an unrestricted basis within line-of-sight of the Deep Space Network site at Goldstone. To avoid causing interference, NASA stated, such aircraft would have to choose between the impractical solutions of either avoiding the airspace in the vicinity of Goldstone or turning off their transmitters while within line-of-sight of Goldstone. 11.NASA brought this issue before NTIA's Interdepartment Radio Advisory Committee ("IRAC"). During these discussions, the Federal Aviation Administration indicated that there are no known plans for commercial aeronautical radionavigation operations in the sub-band 31.8-32.3 GHz. After considering several options, the IRAC recommended to the NTIA that the radionavigation service allocations in the sub-band 31.8-32.3 GHz be limited to Federal Government use only, i.e., that the unused non-Federal Government radionavigation service allocation be deleted from the sub-band 31.8- 32.3 GHz. The NTIA endorsed this recommendation, concluding that future demand for commercial or private radionavigation services could be adequately accommodated in the remaining 1.1 gigahertz of radionavigation spectrum at 32.3-33.4 GHz. 12.The only commenter to this proceeding, Mr. Lyman C. Welch, commended the Commission for its proposal to protect deep space radio reception from harmful interference. Mr. Welch noticed, however, that footnote reference US262 had been dropped from Non-Federal Government Table. Thus, commercial use of the Federal Government's Goldstone facility could no longer be authorized. Mr. Welch requests that the band 31.8-32.3 GHz remain available for future commercial space research purposes. Mr. Welch believes this is keeping in the spirit of the Commercial Space Act of 1998 and other congressional efforts that aim to ensure the success of commercial space development. Mr. Welch states that "several commercial ventures are now planning and developing space vehicles, including asteroid probes and other deep space projects which may require use of the 31.8-32.3 GHz band to send radio communications from space. Such non-[Federal] Government commercial space users cannot rely on the remaining 32.3-33.4 GHz band since they would face the same interference problems now raised by NASA." 13.NASA confirms that commercial ventures have already come to the Jet Propulsion Laboratory for access to the Goldstone deep space network. Accordingly, in order to preserve the authority for commercial entities to make use of the Federal Government's deep space facility at Goldstone, California, we will maintain the non-Federal Government space research service allocation in the band 31.8-32.3 GHz, limited to the reception of deep space communications at Goldstone, California. In doing so, we will display the non-Federal Government space research allocation in the same manner as we proposed for the Federal Government space research allocation. The footnote allocation will be moved up into the Table, and the text of footnote US262 will be revised to contain only the Goldstone, California site limitation. 14.Accordingly, we adopt our proposal to delete the non-Federal Government radionavigation service allocation from the sub-band 31.8-32.3 GHz. This action reduces the amount of spectrum available to the non-Federal Government radionavigation service in this frequency range by approximately 30%. By limiting future non-Federal Government radionavigation services to the sub- band 32.3-33.4 GHz, NASA's deep space operations in the band 31.8-32.3 GHz will be protected and sufficient spectrum will be available to accommodate such commercial and private radionavigation services as may develop in the future. As a consequence of this action, we also will delete the sub-band 31.8-32.3 GHz from the list of frequencies that are available for use by the aeronautical radionavigation service under Section 87.173 of the rules for the Aviation Services. Since the sub-band 32.3-33.4 GHz has previously been added to the Section 87.173, we are adding a rule part cross-reference to Part 87 in the Table of Frequency Allocations. XV.procedural information 16.Final Regulatory Flexibility Certification. The Regulatory Flexibility Act ("RFA") requires that a regulatory flexibility analysis be prepared for notice-and-comment rulemaking proceedings, unless the agency certifies that "the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities." The RFA generally defines "small entity" as having the same meaning as the terms "small business," "small organization," and "small governmental jurisdiction." In addition, the term "small business" has the same meaning as the term "small business concern" under the Small Business Act. A small business concern is one which: (1) independently owned and operated; 2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the Small Business Administration ("SBA"). 17.In the Notice, we concluded that the proposed rules "[would] not have a significant economic impact on a substantial number of small entities." Although no separate comments were received concerning this certification, the only commenter to the proceeding, Mr. Lyman C. Welch, did express concern that this rule change would prohibit commercial use. In this Report and Order, we have clarified that commercial entities may continue to make use of the Federal Government's facility at Goldstone, and we therefore find that no small entities will be impacted by the rule change. Accordingly, we hereby certify that the deletion of the non-Federal Government radionavigation allocation at 31.8-32.3 GHz will not have a significant economic impact on a substantial number of small entities. 18.The Commission will send a copy of this Report and Order, including this final certification, in a report to Congress pursuant to the Small Business Regulatory Enforcement Fairness Act of 1996, see 5 U.S.C.  801(a)(1)(A). In addition, the Report and Order and this certification will be sent to the Chief Counsel for Advocacy of the Small Business Administration, and will be published in the Federal Register. See 5 U.S.C.  605(b). 19.Authority. This action is taken pursuant to Sections 4(i), 7(a), 303(c), 303(f), 303(g), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. Sections 154(i), 157(a), 303(c), 303(f), 303(g), and 303(r). XX.ordering clauses 21.Accordingly, IT IS ORDERED that pursuant to the authority contained in Sections 4(i), 7(a), 303(c), 303(f), 303(g), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. Sections 154(i), 157(a), 303(c), 303(f), 303(g), and 303(r), this Report and Order IS ADOPTED and that Parts 2 and 87 of the Commission's Rules ARE AMENDED, as set forth in the Appendix, effective thirty days after publication in the Federal Register. 22.IT IS FURTHER ORDERED that the Commission's Consumer Information Bureau, Reference Information Center, SHALL SEND a copy of this Report and Order, including the Final Regulatory Flexibility Certification, to the Chief Counsel for Advocacy of the Small Business Association. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary Appendix: Final Rules Parts 2 and 87 of title 47 of the Code of Federal Regulations are amended as follows: PART 2 -- FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS 1. The authority citation for Part 2 continues to read as follows: AUTHORITY: 47 U.S.C. Sections 154, 302a, 303, and 336, unless otherwise noted. 2. Section 2.1(c) is amended by revising the definition for the inter-satellite service.  2.1 Terms and definitions. * * * * * (c) * * * Inter-Satellite Service. A radiocommunication service providing links between artificial satellites. (RR) * * * 3. Section 2.106 is amended as follows: a. Pages 74 and 75 of the Table of Frequency Allocations are revised. b. Footnote US262 is revised. The revisions read as follows:  2.106 Table of Frequency Allocations. * * * * * 30-31 FIXED-SATELLITE (Earth-to-space) MOBILE-SATELLITE (Earth-to-space) Standard frequency and time signal-satellite (space-to-Earth) S5.542 30-31 FIXED-SATELLITE (Earth-to-space) MOBILE-SATELLITE (Earth-to-space) Standard frequency and time signal-satellite (space-to- Earth) G117 30-31 Standard frequency and time signal-satellite (space-to- Earth) 31-31.3 FIXED MOBILE Standard frequency and time signal-satellite (space-to-Earth) Space research S5.544 S5.545 S5.149 31-31.3 Standard frequency and time signal-satellite (space-to- Earth) S5.149 US211 31-31.3 FIXED MOBILE Standard frequency and time signal-satellite (space- to-Earth) S5.149 US211 Fixed Microwave (101) 31.3-31.5 EARTH EXPLORATION-SATELLITE (passive) RADIO ASTRONOMY SPACE RESEARCH (passive) S5.340 31.3-31.8 EARTH EXPLORATION-SATELLITE (passive) RADIO ASTRONOMY US74 SPACE RESEARCH (passive) 31.5-31.8 EARTH EXPLORATION- SATELLITE (passive) RADIO ASTRONOMY SPACE RESEARCH (passive) Fixed Mobile except aeronautical mobile S5.149 S5.546 31.5-31.8 EARTH EXPLORATION- SATELLITE (passive) RADIO ASTRONOMY SPACE RESEARCH (passive) S5.340 31.5-31.8 EARTH EXPLORATION- SATELLITE (passive) RADIO ASTRONOMY SPACE RESEARCH (passive) Fixed Mobile except aeronautical mobile S5.149 US246 31.8-32 FIXED S5.547A RADIONAVIGATION SPACE RESEARCH (deep space) (space-to-Earth) S5.547 S5.547B S5.548 31.8-32 RADIONAVIGATION US69 SPACE RESEARCH (deep space) (space-to-Earth) US262 S5.548 US211 31.8-32 SPACE RESEARCH (deep space) (space-to-Earth) US262 S5.548 US211 32-40 GHz (EHF) Page 75 International Table United States Table FCC Rule Part(s) Region 1 Region 2 Region 3 Federal Government Non-Federal Government 32-32.3 FIXED S5.547A INTER-SATELLITE RADIONAVIGATION SPACE RESEARCH (deep space) (space-to-Earth) S5.547 S5.547C S5.548 32-32.3 INTER-SATELLITE US278 RADIONAVIGATION US69 SPACE RESEARCH (deep space) (space-to-Earth) US262 S5.548 32-32.3 INTER-SATELLITE US278 SPACE RESEARCH (deep space) (space-to-Earth) US262 S5.548 32.3-33 FIXED S5.547A INTER-SATELLITE RADIONAVIGATION S5.547 S5.547D S5.548 32.3-33 INTER-SATELLITE US278 RADIONAVIGATION US69 S5.548 Aviation (87) 33-33.4 FIXED S5.547A RADIONAVIGATION S5.547 S5.547E 33-33.4 RADIONAVIGATION US69 33.4-34.2 RADIOLOCATION S5.549 33.4-36 RADIOLOCATION US110 G34 33.4-36 Radiolocation US110 Private Land Mobile (90) 34.2-34.7 RADIOLOCATION SPACE RESEARCH (deep space) (Earth-to-space) S5.549 34.7-35.2 RADIOLOCATION Space research S5.550 S5.549 35.2-35.5 METEOROLOGICAL AIDS RADIOLOCATION S5.549 UNITED STATES (US) FOOTNOTES * * * * * US262 The use of the band 31.8-32.3 GHz by the space research service (deep space) (space-to-Earth) is limited to Goldstone, California. * * * * * PART 87 -- AVIATION SERVICES 4. The authority citation for Part 87 continues to read as follows: AUTHORITY: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303, 307(e) unless otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47 U.S.C. 151-156, 301-609. 5. Section 87.173(b) is amended by revising the last entry in the frequency table to read as follows:  87.173 Frequencies. * * * (b) Frequency table. Frequency or frequency band Subpart Class of station Remarks * * * * 32300-33400 MHz.................. F, Q MA, RL Aeronautical radionavigation.