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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, 25 and 97 of the ) Commission's Rules with Regard to the ) ET Docket No. 98-142 Mobile-Satellite Service Above 1 GHz ) NOTICE OF PROPOSED RULE MAKING Adopted: July 28, 1998 Released: August 4, 1998 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: I. INTRODUCTION 1. By this action, we propose to amend Part 2 of the Commission's Rules by allocating the 5091-5250 MHz and 15.43-15.63 GHz bands to the fixed-satellite service ("FSS") on a co-primary basis for Earth-to-space ("uplink") transmissions and by allocating the 6700-7075 MHz and 15.43- 15.63 GHz bands on a co-primary basis for space-to-Earth ("downlink") transmissions. We also propose to amend Part 25 in order to add these frequency bands to the list of frequencies available for use by the Satellite Communications Service. We further propose to limit the use of these new FSS allocations to feeder links that would be used in conjunction with the service links of non- geostationary satellite orbit mobile-satellite service ("NGSO MSS") systems. The adoption of these proposals would provide spectrum for feeder links to support the current and immediate requirements of NGSO MSS systems. In order to implement these feeder-link allocations, we propose, consistent with the international allocations and footnotes, to maintain the international standard system's right of precedence over all other uses in the 5000-5150 MHz band and to remove that right in the 5150-5250 MHz band, to delete the aeronautical mobile-satellite (R) service allocations in the 5150-5250 MHz and 15.4-15.7 GHz bands, and to delete the FSS and inter-satellite feederlink allocations for the aeronautical radionavigation and/or aeronautical mobile (R) services in the 5000-5250 MHz and 15.4-15.7 GHz bands. 2. In addition, we propose to implement the clarification concerning the maximum power flux density ("PFD") for Big LEO service uplinks at 1610-1626.5 MHz that was adopted at the 1995 World Radiocommunication Conference ("WRC-95") and the more lenient coordination threshold standard for Big LEO service downlinks at 2483.5-2500 MHz that was adopted at the 1997 World Radiocommunication Conference ("WRC-97"). The proposals we make in this instant proceeding are consistent with international allocations for these frequency bands and will provide incumbent operations in these bands with adequate protection from harmful interference. II. BACKGROUND 3. At the 1992 World Administrative Radio Conference ("WARC-92"), the 1610-1626.5 MHz band was allocated to the mobile-satellite (Earth-to-space) service and the 2483.5-2500 MHz band was allocated to the mobile-satellite (space-to-Earth) service. On December 13, 1993, we allocated these bands domestically and these service link allocations subsequently became known as the "Mobile-Satellite Service Above 1 GHz," more commonly known as the "Big LEO" service. 4. On October 13, 1994, we adopted the rules and policies to govern the Big LEO service. We observed that in addition to the service links connecting mobile subscriber units with the satellites, one or more "gateway" or central earth stations are needed to complete the transmission paths, process the information being transmitted, and interconnect the system with other communications networks or with other user transceivers. Because feeder links operate with gateway stations at fixed points, they are assigned frequencies allocated to the FSS. At the time that the Big LEO Report and Order was adopted, however, we were unable to satisfy the feeder link requirements of some of the Big LEO applicants. Therefore, until the feeder link requirements of all qualified applicants could be met, we declined to assign spectrum unconditionally. Instead, we stated that we envisioned granting unconditional licenses, including specific feeder link frequencies, at the earlier of two events: (1) domestic allocations sufficient to support all Big LEO systems become available, regardless of frequency band, or (2) the completion of WRC-95, assuming sufficient spectrum is made available to satisfy these feeder link requirements. We also said that in the interim we would permit qualified applicants to construct satellites capable of operating with particular feeder-link frequencies at the applicants' own risk. We noted that, in addition to the U.S. MSS systems, MSS systems of other administrations will require access to feeder link spectrum. 5. On January 31, 1995, we granted the applications of Motorola Satellite Communications, Inc., TRW Inc., and L/Q Licensee, Inc. ("L/Q") for a license to construct, launch, and operate a Big LEO system. At that time, L/Q was authorized to construct, at its own risk, a mobile satellite system capable of operating with feeder links in the 5025-5225 MHz (Earth-to-space) and 6875-7075 MHz (space-to-Earth) bands. 6. WRC-95 was convened by the International Telecommunication Union ("ITU") from October 23 to November 17, 1995 in Geneva, Switzerland. The primary proposals of the United States for WRC-95 sought the designation of spectrum for MSS feeder links, additional global spectrum allocations for MSS service links, and a reduction in the technical and operational constraints on current global MSS allocations. The United States was very successful in this endeavor. 7. WRC-97 was convened by the ITU from October 27 to November 21, 1997 in Geneva. With regard to the Big LEO feeder links, the only major change adopted at WRC-97 is the deletion of the fixed-satellite service allocations in the 15.40-15.43 GHz and 15.63-15.70 GHz band segments. The primary purpose of this instant proceeding is to determine how to implement in the United States those decisions reflected in the WRC-95 and WRC-97 Final Acts regarding the Big LEO service that we have not previously considered. We believe that the need for these additional domestic allocations has already been established by the applications of L/Q, Mobile Communications Holdings, Inc. ("MCHI"), and Constellation Communications, Inc. ("Constellation") that our International Bureau and Office of Engineering and Technology have previously granted acting jointly under delegated authority. Each of these actions was conditioned on the outcome of this instant proceeding. III. DISCUSSION A. NGSO MSS Feeder Links 8. 5000-5250 MHz Band. Prior to WRC-95, the 5000-5250 MHz band was allocated to the aeronautical radionavigation service ("ARNS") on a primary basis worldwide. This band was designated for the international standard system for the aeronautical radionavigation service (e.g., the microwave landing system) to provide aircraft with precision approach and landing information, and the requirements of this system took precedence over all other uses of the 5000-5250 MHz band. The 5000-5250 MHz band was also allocated to the aeronautical mobile-satellite (route) service on a primary basis worldwide, and such use was subject to agreement obtained under the procedure set forth in Article 14 of the Radio Regulations. In addition, the 5000-5250 MHz band was allocated to the fixed-satellite and inter-satellite services on a primary basis worldwide, for use in conjunction with the aeronautical radionavigation service and/or aeronautical mobile (R) service. The 5150- 5216 MHz band was also allocated to the radiodetermination-satellite (space-to-Earth) service in Region 2 and in certain other countries on a primary basis and in all other countries on a secondary basis, but such use was limited to feeder links in conjunction with the radiodetermination-satellite service operating in the 1610-1626.5 MHz and/or 2483.5-2500 MHz bands, and the total PFD at the Earth's surface was limited to 159 dBW/m2 for all angles of arrival. 9. In the United States, the 5000-5250 MHz band is Government/non-Government shared spectrum and the allocations and international footnotes discussed or referenced above have been adopted domestically. Additionally, in the United States, aeronautical mobile communications which are an integral part of aeronautical radionavigation systems may be satisfied in the 5000-5250 MHz band as per footnote US260. The 5000-5250 MHz band is listed in the rules for Aviation Services as available for air carrier and private aircraft as part of the microwave landing system. The radiodetermination-satellite service at 5150-5216 MHz is listed in the rules for the Satellite Communications Service. 10. In addition, we recently made the 5150-5250 MHz band available for use by Unlicensed National Information Infrastructure ("U-NII") devices and limited such use to wide bandwidth, high data rate digital operations. In order to facilitate sharing of the 5150-5250 MHz band with future NGSO MSS feeder uplinks, we restricted U-NII use of this band to indoor operations with a maximum peak transmitter output power of 50 milliwatts and an antenna gain of up to 6 dBi. This power limit is expected to allow U-NII devices transmitting in the 5150-5250 MHz band to provide a variety of short-range communications, such as those between computing devices (such as computers, servers, printers, etc.) within a very local area, such as in a room or in adjoining rooms. 11. WRC-95 significantly revised the international allocations in the 5000-5250 MHz band. First, the 5091-5250 MHz band is now allocated to the fixed-satellite (Earth-to-space) service on a co-primary basis worldwide, and this FSS uplink allocation is limited to NGSO MSS feeder links and is subject to coordination under No. S9.11A (revised Resolution 46). This overall FSS uplink allocation is accomplished in two parts: a new footnote allocation -- S5.444A -- for the 5091-5150 MHz band and a table entry allocation for the 5150-5250 MHz band that is constrained by new footnote S5.447A. In addition to the use and coordination requirements that apply throughout 5091-5250 MHz band, footnote S5.444A subjects the 5091-5150 MHz portion of this overall FSS uplink band to the following conditions: after January 1, 2008, no new assignments will be made to stations providing NGSO MSS feeder links; prior to January 1, 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 take precedence over other uses of the 5091-5150 MHz band and the use of the 5091-5150 MHz band by NGSO MSS feeder links will be made in accordance with Resolution 114, which was adopted at WRC-95; and after January 1, 2010, the fixed-satellite service will become secondary to the aeronautical radionavigation service. Resolution 114 states, inter alia, that WRC-95 urges administrations (1) when authorizing stations in the aeronautical radionavigation service, to assign frequencies giving priority to the 5000-5091 MHz band; and (2) when assigning frequencies in the 5091-5250 MHz band before January 1, 2010 to stations of the aeronautical radionavigation service or to stations providing NGSO MSS feeder links, to take all practicable steps to avoid mutual interference between them. 12. Second, through new footnote S5.447B, WRC-95 additionally allocated the 5150-5216 MHz band to the fixed-satellite (space-to-Earth) service on a primary basis worldwide. This FSS downlink allocation is also limited to NGSO MSS feeder links and is subject to provisions of No. S9.11A. In addition, the power flux-density at the Earth's surface produced by FSS space stations transmitting in the 5150-5216 MHz band must not exceed 164 dB(W/m2) in any 4 kHz band for all angles of arrival. 13. Third, through new footnote S5.447C, WRC-95 required that NGSO MSS feeder links in the 5150-5250 MHz band be coordinated on an equal basis with non-geostationary radiodetermination satellite networks operating in the 5150-5216 MHz band that were brought into use prior to November 17, 1995. Radiodetermination satellite networks brought into use after November 17, 1995, can not claim protection from, and may not cause harmful interference to, NGSO MSS feeder links. 14. In order to implement the above FSS allocations, WRC-95 reduced the amount of spectrum for which the international standard systems have precedence over all other uses from the 5000-5250 MHz band to the 5000-5150 MHz band, reduced the primary aeronautical mobile- satellite (R) service allocation at 5000-5250 MHz to the 5000-5150 MHz band, and suppressed footnote 797. 15. ITU-R Study Group 4 has recently received from its Working Group 4A a new draft Recommendation for coordinating NGSO MSS feeder uplinks with the microwave landing system ("MLS"). Specifically, Annex 1 of the draft recommendation states that coordination will not be required between MSS Gateway earth stations and MLS transmitter sites at approximately equal altitudes separated by more than 400 kilometers (216 nautical miles). For separation distances less than 400 kilometers, or in cases where station altitudes are substantially different, it describes the various factors that would trigger the need for coordination. 16. Proposal. We propose to allocate the 5150-5250 MHz band to the non-Government fixed-satellite (Earth-to-space) service on a primary basis; to adopt international footnotes S5.367 (previously 733), S5.444 (796), S5.444A, S5.447A, and S5.447C domestically; to delete reference to footnote 797 from the United States table; and to add the 5091-5250 MHz band to the list of frequency bands available in the Satellite Communications Service. The adoption of this proposal would provide Big LEO and other commercial systems with 159 megahertz of contiguous NGSO MSS feeder uplink spectrum from 5091 MHz to 5250 MHz. However, we caution Globalstar and any other prospective user of the 5091-5250 MHz band that Working Group 4A is still developing the sharing criteria between ARNS and FSS uplinks for this band; that prior to January 1, 2010, the requirements of existing and planned international standard systems (e.g., microwave landing systems) which cannot be met in the 5000-5091 MHz band will take precedence over other uses of the 5091- 5150 MHz band; and, that after January 1, 2010, FSS uplinks will operate on a secondary basis to the aeronautical radionavigation service in the 5091-5150 MHz band. In addition, we seek comment on footnote S5.447B, which provides for "reverse band working" in the 5150-5216 MHz band. 17. Finally, we observe that the National Telecommunications and Information Administration ("NTIA") has previously adopted footnote G126, which states that Differential- Global-Positioning-System ("DGPS") stations may be authorized on a primary basis in the 5000-5150 MHz bands for the specific purpose of transmitting DGPS information intended for aircraft navigation. We propose to add footnote G126 to the Government column of the 5000-5150 MHz band. 18. FSS Downlinks at 6700-7075 MHz. Prior to WRC-95, the 5925-7075 MHz band was allocated to the fixed, fixed-satellite (Earth-to-space), and mobile services on a co-primary basis worldwide. FSS use of the 6725-7025 MHz uplink band segment had to be in accordance with the provisions of Appendix 30B of the Radio Regulations as per footnote 792A. In addition, footnote 809 states that passive microwave sensor measurements are carried out over the oceans in the 6425- 7075 MHz band and that administrations should bear in mind the needs of the earth exploration- satellite (passive) and space research (passive) services in their future planning of the band. 19. In the United States, the 6525-7075 MHz band is essentially non-Government exclusive spectrum and is allocated to the fixed and fixed-satellite (Earth-to-space) services on a co-primary basis, with FSS use of the 6725-7025 MHz band segment constrained by footnote 792A. In addition, the 6875-7075 MHz band is allocated on a primary basis to the mobile service. The 6525- 6875 MHz portion of the fixed service allocation is available for licensing under the rules of the Fixed Microwave Service, as both a common carrier radio service and a private radio service. The Television Broadcast Auxiliary Stations ("BAS") Service and the Cable Television Relay Service ("CARS") use the fixed and mobile service allocations at 6875-7075 MHz for electronic news gathering, remote event coverage, intercity relay, studio-to-transmitter links, etc. The 6525.0- 6541.5 MHz band segment is listed as available for uplinks from control centers to radiodetermination satellites in the rules for the Satellite Communications Service. 20. WRC-95 allocated the 6700-7075 MHz band to the fixed-satellite (space-to-Earth) service on a co-primary basis with the existing services, subject to two constraining footnotes. First, as required by footnote S5.458B, use of this FSS downlink allocation is limited to NGSO MSS feeder links, is subject to coordination under No. S9.11A, and is not subject to S22.2. In particular, No. S9.11A states that feeder-link emissions from a non-geostationary space station may not exceed the following limits at the Earth's surface: Frequency Band Limit in dB(W/m2) for Angles of Arrival (ë) Above the Horizontal Plane Reference Bandwidth 00 - 50 50 - 250 250 - 900 6700-6825 MHz -137 -137 + 0.5(ë-5) -127 1 MHz 6825-7075 MHz -154 and -134 -154 + 0.5(ë-5) and -134 + 0.5(ë-5) -144 and -124 4 kHz 1 MHz Second, footnote S5.458A states that, in making assignments to FSS space stations in the 6700-7075 MHz band, administrations are urged to take all practicable steps to protect spectral line observations of the radio astronomy service in the 6650-6675.2 MHz band from harmful interference. 21. WRC-95 also revised footnotes 792A and 809. Specifically, at WRC-95, an allocation for reverse transmission NGSO MSS feeder links was added to bands currently used by GSO FSS networks. Therefore a conforming amendment was made to footnote 792A (re-numbered as S5.441) to specify the direction of transmission for those FSS allocations whose use must be in accordance with Appendix S30B (previously Appendix 30B). Footnote 809 (re-numbered as S5.458) was modified to state that administrations should bear in mind the needs of the Earth exploration-satellite (passive) and space research (passive) services in their future planning of the 7075-7250 MHz band, as well as the 6425-7025 MHz band. 22. Proposal. We observe that the 1995 Conference Preparatory Meeting ("CPM-95") Report indicated that studies have shown that bi-directional spectrum sharing between geostationary fixed-satellite service and non-geostationary mobile-satellite service feeder link networks is technically feasible given careful site selection and antenna sizing, and depending on the number of gateway earth stations. At WRC-95, we proposed the 6700-7025 MHz band as a "reverse band" candidate. We made this proposal because the numerous restrictions on the GSO FSS uplink allotment plan for the 6725-7025 MHz band have resulted in only light use of this band throughout the world, including the United States. Therefore, we believe that the 6700-7075 MHz band could be used for feeder downlinks by up to four NGSO MSS systems using currently available technology, with two of the systems "cross polarized" from the other two. Accordingly, we propose to allocate the 6700-7075 MHz band to the non-Government fixed-satellite (space-to-Earth) service on a co-primary basis; to adopt international footnotes S5.440 (previously 791), S5.441 (792A), S5.458 (809), S5.458A, and S5.458B domestically; to add a cross reference to the rules for the Satellite Communications Service with respect to the 6875-7075 MHz band; and to add the 6700-7075 MHz band (space-to- Earth) to the list of FSS frequency bands available in the Satellite Communications Service. In addition, we propose to adopt footnote S5.149 which states, inter alia, that in making assignments to stations of other services, administrations are urged to take all practicable steps to protect radio astronomy use of the 6650-6675.2 MHz band from harmful interference. Finally, we propose to replace the Domestic Public Fixed Service (Part 21) and Private Operational-Fixed Microwave Service (Part 94) cross references with one for the Fixed Microwave Services (Part 101); to delete the erroneous cross reference to the Domestic Public Fixed Service (Part 21) for the 6875-7075 MHz band in the Table of Frequency Allocations; and to add an existing Part 2 requirement to the rules for the Amateur Radio Service. We request comment on all of the above proposals. In particular, comment is sought on the PFD limits in No. S9.11A (previously known as Resolution 46). It is our belief that the proposed PFD limits will afford terrestrial fixed and broadcast auxiliary users of the band with adequate protection. We assume that each satellite system will require only a few gateways, approximately six in number. We solicit comment on this assumption, on how many gateways overall are likely to use this band, whether technological advances are likely to significantly increase the number of gateways, and where these gateways are likely to be geographically located, especially whether they will likely be located in rural areas, or in urban areas. In general, we request comment on the likely impact of sharing the spectrum with Big LEO feeder links upon the terrestrial users. 23. 15.4-15.7 GHz Band. Prior to WRC-95, the 15.4-15.7 GHz band was allocated to the aeronautical radionavigation service on a primary basis worldwide. This band was also allocated to the aeronautical mobile-satellite (R) service on a primary basis worldwide. In addition, this band was allocated to the fixed-satellite and inter-satellite services, for connection between one or more earth stations at specified fixed points on the Earth and space stations, when these services are used in conjunction with the aeronautical radionavigation and/or aeronautical mobile (R) service. 24. In the United States, the 15.4-15.7 GHz band is Government/non-Government shared spectrum, and the aeronautical radionavigation allocation and international footnotes discussed or referenced above have been adopted by both NTIA and the Commission. In addition, aeronautical mobile communications, which are an integral part of aeronautical radionavigation systems, may also be satisfied in the 15.4-15.7 GHz band. According to footnote US211, applicants for airborne or space station assignments are urged to take all practicable steps to protect radio astronomy observations in the adjacent bands from harmful interference. The 15.4-15.7 GHz band is listed among the frequencies available in the Aviation Services. 25. There is fairly extensive use of the 15.4-15.7 GHz band by the aeronautical radionavigation service for airborne, land and ocean based stations. Specifically, aircraft landing systems ("ALS"), aircraft multipurpose radars ("MPR"), and the radar sensing and measurement system ("RSMS") operate throughout the 15.4-15.7 GHz band. In addition, surface based radars ("SBR") operate in the 15.6375-16.7125 GHz band. 26. WRC-95 allocated the 15.4-15.7 GHz band to the fixed-satellite (space-to-Earth) service on a primary basis worldwide and this allocation is constrained by footnote S5.511A. Specifically, footnote S5.511A states that this FSS downlink allocation is limited to NGSO MSS feeder links and is subject to coordination under No. S9.11A. Further, emissions from a non-geostationary space station are limited to a power flux-density limit at the Earth's surface of 146 dBW/m2/MHz (" 146 dB") in the 15.40-15.45 GHz and 15.65-15.70 GHz band segments for all angles of arrival and these emissions must not interfere with radio astronomy reception in the 15.35-15.40 GHz band segment. In addition, footnote S5.511A permits emissions from a non-geostationary space station to produce a power flux-density of 111 dB at the Earth's surface in the 15.45-15.65 GHz band segment for all angles of arrival, but requires that any planned PFD that exceeds 146 dB be coordinated with the affected administrations. 27. Footnote S5.511C states that the band 15.45-15.65 GHz is additionally allocated to the fixed-satellite service (Earth-to-space) on a primary basis and that such use is limited to NGSO MSS feeder links and is subject to coordination under No. S9.11A. Until such time as the studies called for in Resolution 117 are completed: 1) administrations operating stations in the aeronautical radionavigation service are urged to limit the average EIRP to 42 dBW; 2) stations in the fixed-satellite service shall not cause harmful interference to stations in the aeronautical radionavigation service (No. 953/S4.10 applies). 28. In order to implement the above FSS allocations, WRC-95 deleted reference to the 15.4- 15.7 GHz band from footnote 733, suppressed footnote 797, and added footnote S5.511B, which states that aircraft stations are not permitted to transmit in the 15.45-15.65 GHz band. 29. In addition, WRC-95 adopted Resolutions 116 and 117, which called for studies by the ITU-R of the sharing situation between NGSO MSS feeder downlinks and ARNS in the 15.4-15.7 GHz band and between NGSO MSS feeder uplinks and ARNS in the 15.45-15.65 GHz band, respectively. These studies have been completed, and in response to these studies, at WRC-97 the United States proposed significant changes for the 15.4-15.7 GHz band. Specifically, the United States proposed to delete the FSS downlink allocations in the 15.40-15.43 GHz and 15.63-15.70 GHz segments and to revise the PFD limits in the remaining segment (15.43-15.63 GHz) from 111 dB to 127 dB depending on the angle of arrival. The United States made this proposal in order to protect surface based radars from harmful interference. These radars can tolerate only a low PFD of 146 dBW emitted from the proposed NGSO MSS feeder downlinks. The United States proposed to delete the NGSO MSS feeder downlink allocations in the 15.40-15.43 GHz and 15.63- 15.70 GHz band segments because we believed that the requisite PFD limit of 146 dB would effectively preclude NGSO MSS feeder downlink reception in these segments. In addition, the deletion of the NGSO MSS feeder downlink allocation at 15.40-15.43 GHz would create a thirty megahertz guardband that would protect radio astronomy and passive sensor use of the 15.35-15.40 GHz band from downlink out-of-band emissions. Finally, the United States proposed to suppress footnote S5.511B because its provisions unnecessarily inhibit the use of some existing aeronautical radionavigation systems in the 15.45-15.65 GHz segment and seriously constrain the design and operation of other practical aeronautical radionavigation systems. 30. WRC-97 adopted the United States proposals for the 15.4-15.7 GHz band with minor changes. Specifically, WRC-97 reduced the NGSO MSS feeder downlink allocation to 200 megahertz of spectrum at 15.43-15.63 GHz, shifted the corresponding uplink allocation into the same 15.43-15.63 GHz band, and revised footnote S5.511A to read as follows: Use of the band 15.43-15.63 GHz by the fixed-satellite service (space-to-Earth) (see Resolution COM5-8 (WRC-97)) and (Earth-to-space) is limited to feeder links of non-geostationary systems in the mobile-satellite service, subject to coordination under Resolution 46 (Rev. WRC-97)/No. S9.11A. In the space-to-Earth direction, the minimum earth station antenna elevation angle above and gain toward the local horizontal plane and the minimum coordination distances to protect an earth station from harmful interference shall be in accordance with Recommendation ITU-R S.1341. Also in the space-to-Earth direction, harmful interference shall not be caused to stations of the radio astronomy service using the band 15.35-15.4 GHz. The threshold levels of interference and associated power flux-density limits which are detrimental to the radio astronomy service are given in Recommendation ITU-R RA.769-1. Special measures will need to be employed to protect the radio astronomy service in the band 15.35-15.4 GHz. In addition, WRC-97 limited the permissible PFD at the Earth's surface produced by space stations transmitting in the 15.43-15.63 GHz band, for all conditions and for all methods of modulation, to the following values: Limit in dB(W/m2) for Angle of Arrival (ë) Above the Horizontal Plane Angle PFD Limit 0-20o 127 20-25o 127 + 0.56 (ë - 20)2 25-29o 113 29-31o 136.9 + 25 log (ë - 20) 31-90o 111 WRC-97 also suppressed footnote S5.511B and to revised footnote S5.511C to read as follows: Stations operating in the aeronautical radionavigation service shall limit the effective e.i.r.p. in accordance with Recommendation ITU-R S.1340. The minimum coordination distances required to protect aeronautical radionavigation stations (No. S4.10 applies) from harmful interference from feeder-link earth stations and the maximum e.i.r.p. transmitted toward the local horizontal plane by a feeder-link earth station shall be in accordance with Recommendation ITU-R S.1340. Recommendation ITU-R S.1340 recommends that the effective EIRP of ARNS stations be limited to elevation-specific values; that NGSO MSS feeder uplinks be designed to operate in the interference environment produced by such ARNS stations; that coordination of ARNS emissions with satellite receiving stations not be required; that the EIRP transmitted toward the local horizontal plane by a feeder-uplink earth station be required to not exceed 54 dB(W/MHz); that SBR stations be precluded from operating in the 15.43-15.63 GHz band segment; and that the coordination threshold distances required to protect ARNS stations from feeder uplink emissions be established as 270 kilometers from an aircraft landing surface for radar sensing and measurement systems, as 515 kilometers from an aircraft landing surface for aircraft landing systems, and as 600 kilometers for aircraft using general purpose radars. 31. Finally, WRC-97 adopted footnote S5.511D, which, inter alia, permits FSS systems that were advanced published as of November 21, 1997, to operate in the 15.40-15.43 GHz and 15.65- 15.70 GHz downlink bands with a maximum PFD of 146 dB. This footnote represents the only significant change to the 15.4-15.7 GHz band that was adopted at WRC-97 but not proposed by the United States, and it reads as follows: Fixed-satellite service systems for which complete information for advance publication has been received by the Bureau by 21 November 1997 may operate in the bands 15.4-15.43 GHz and 15.63-15.7 GHz in the space-to-Earth direction and 15.63-15.65 GHz in the Earth-to-space direction. In the bands 15.4-15.43 GHz and 15.65-15.7 GHz, emissions from a non-geostationary space station shall not exceed the power flux-density limits at the Earth's surface of 146 dB(W/m2/MHz) for all angles of arrival. In the band 15.63-15.65 GHz, where an administration plans emissions from a non-geostationary space station that exceed 146 dB(W/m2/MHz) for any angle of arrival, it shall coordinate under Resolution 46 (Rev. WRC-97)/No. S9.11A with the affected administrations. Stations in the fixed-satellite service operating in the band 15.63-15.65 GHz in the Earth-to-space direction shall not cause harmful interference to stations in the aeronautical radionavigation service (No. S4.10 applies). 32. Proposal. In preparation for WRC-97, the Commission, the WRC-97 Advisory Committee, and NTIA assisted the ITU in the development of the necessary technical constraints that would allow FSS uplinks and downlinks to co-exist with incumbent services in the 15.4-15.7 GHz band. WRC-97 adopted the United States proposals for the 15.4-15.7 GHz band. We now propose to implement these WRC-97 changes domestically. Specifically, we propose to allocate the 15.43- 15.63 GHz band to the fixed-satellite service for both uplink and downlink transmissions and to adopt international footnotes S5.511A and S5.511C domestically. We also propose to delete reference to footnotes 733 and 797 from the 15.4-15.7 GHz band entry in the Table of Frequency Allocations, to add a cross reference to the rules for the Satellite Communications Service into the 15.43-15.63 GHz band entry, and to add both the FSS uplink and downlink allocations to the list of frequency bands available in the Satellite Communications Service. We request comment on these proposals. B. Big LEO Service Link Coordination 33. During our preparation for WRC-95, we stated that technical constraints that could hinder implementation of the Big LEO service had been identified in that proceeding and in the ITU-R process. Accordingly, we proposed that WRC-95 remove several of these constraints from the Big LEO service link spectrum. WRC-95 generally adopted our proposals, and we are now proposing to implement domestically these WRC-95 changes. 34. Uplinks. Big LEO systems are authorized to use the 1610-1626.5 MHz band for their service uplinks. In our WRC-95 preparation, we proposed to modify footnote 731E by specifying a "peak" power density limit in those parts of the 1610-1626.5 MHz band which are used by systems operating in accordance with footnote 732, and by specifying a "mean" power density in the part of the band where no such systems are operating. We also stated that interference protection under RR No. 953 should be sufficient and accordingly proposed to delete the language specifying additional protection of non-MSS services in the 1610-1626.5 MHz band. 35. WRC-95 adopted our proposal for RR 731E (re-numbered as S5.364), except that the additional protection of non-MSS services was not deleted. In addition, international footnotes 722, 731F, 732, 733, 733A, 733E, and 734, which have previously been adopted domestically, were re- numbered as S5.341, S5.365, S5.366, S5.367, S5.368, S5.372, and S5.149, respectively. Accordingly, we propose to update the United States table by adopting these international footnotes domestically. We request comment on this proposal. Finally, we observe that a recent revision to footnote US319 was inadvertently not published in the Code of Federal Regulations and that footnote S5.368 (previously 733A) was inadvertently not added to the 1613.8-1626.5 MHz band. We therefore take this opportunity to correct these oversights. 36. Downlinks. Big LEO systems are authorized to use the 2483.5-2500 MHz band for their service downlinks. In our preparation for WRC-95, we expressed concern that footnote 753F references PFD limits in RR No. 2566 that may be too stringent and could result in unnecessary coordination. We also proposed to add cautionary language in footnote 753F to protect radio astronomy in the 4990-5000 MHz band and declined to propose to suppress footnote 733E. 37. Footnote 753F states that coordination, in this band, of space stations of the mobile- satellite and radiodetermination-satellite services with terrestrial services is required only if the PFD produced by a space station at the Earth's surface exceeds the limits in Radio Regulation No. 2566. WRC-95 re-numbered footnote 753F as S5.402 and modified it to provide a more lenient coordination threshold standard than the current requirement and this new coordination threshold standard is incorporated in Resolution 46/No. S9.11A. WRC-97 further revised the interim procedures in Resolution 46. The table below contrasts the new and old coordination standards: PFD Limit in any 4 kHz (dBW/m2) Angles of Arrival (ë) New Coordination Standard Old Coordination Standard Geostationary space stations Non-geostationary space stations -146 -144 -152 0o < ë < 5o -128 in 1 MHz -126 in 1 MHz -146 + 0.5(ë-5) -144 + 0.65(ë-5) -152 + 0.5(ë-5) 5o < ë < 25o -128 + 0.5(ë-5) in 1 MHz -126 + 0.65(ë-5) in 1 MHz -136 -131 -142 25o < ë < 90o -118 in 1 MHz -113 in 1 MHz We also note that the procedures for the coordination and notification of frequency assignments of satellite networks established under No. S9.11A are only interim in nature. In particular, we observe that the coordination threshold factors applicable to terrestrial services other than fixed services may be reviewed at a future conference. Nonetheless, we believe that the new coordination threshold will adequately protect incumbent terrestrial services, while significantly increasing the usefulness of the 2483.5-2500 MHz band for Big LEO service downlinks. In addition, international footnotes 752 and 753A, which have previously been adopted domestically, were re-numbered as S5.150 and S5.398, respectively. Accordingly, we propose to update the United States table by adopting these international footnotes domestically. We invite comments on these proposals. Finally, we observe that a recent revision to footnote NG147 was inadvertently not published in the Code of Federal Regulations, and we therefore take this opportunity to correct this oversight. IV. PROCEDURAL INFORMATION 38. Initial Regulatory Flexibility Certification. The Regulatory Flexibility Act 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." We have determined that the rules proposed in this Notice of Proposed Rule Making will not, if promulgated, have a significant economic impact on a substantial number of small entities. See the Initial Regulatory Flexibility Certification ("IRFC") set forth in Appendix B. Written public comments are requested on the IRFC. These comments must be filed in accordance with the same filing deadlines as comments on the rest of this Notice of Proposed Rule Making, but they must have a separate and distinct heading designating them as responses to the IRFC. The Commission's Office of Public Affairs, Reference Operations Division, shall send a copy of this Notice of Proposed Rule Making, including the IRFC, to the Chief Counsel for Advocacy of the Small Business Administration. 39. Ex Parte Rules -- Permit-But-Disclose Proceedings. This is a permit-but-disclose notice and comment rule making proceeding. Ex parte presentations are permitted, except during any Sunshine Agenda period, provided they are disclosed as provided in the Commission's rules. See generally 47 C.F.R. Sections 1.1202(a), 1.1203, and 1.1206. 40. 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). 41. Comment. 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 by [30 days from date of publication in the Federal Register], and reply comments by [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. 24,121 (1998). 42. Comments filed through the ECFS can be sent as an electronic file via the Internet to . 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, 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 ." A sample form and directions will be sent in reply. 43. Parties who choose to file by paper must file an original and four copies of all comments, reply comments and supporting comments. If participants want each Commissioner to receive a personal copy of their comments, an original plus nine comments must be filed. If more than one docket or rulemaking number appear in the caption of this proceeding, commenters must submit two additional copies for each additional docket or rulemaking number. All filings must be sent to the Commission's Secretary, Magalie Roman Salas, Office of the Secretary, Federal Communications Commission, 1919 M St. N.W., Room 222, Washington, D.C. 20554. 44. All relevant and timely comments will be considered by the Commission before final action is taken in this proceeding. Comments and reply comments will be available for public inspection during regular business hours in the FCC Reference Center (Room 239) of the Federal Communications Commission, 1919 M Street, N.W., Washington, DC 20554. 45. Additional Information. For further information concerning this rule making proceeding contact Tom Mooring at (202) 418-2450, internet: tmooring@fcc.gov, Office of Engineering and Technology, Federal Communications Commission, Washington, DC 20554. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary Appendix A: Proposed Rules Parts 2, 25 and 97 of title 47 of the Code of Federal Regulations are proposed to be 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: Sec. 4, 302, 303, and 307 of the Communications Act of 1934, as amended, 47 U.S.C. Sections 154, 302, 303 and 307, unless otherwise noted. 2. Section 2.106, the Table of Frequency Allocations, is amended as follows: a. Remove the existing entries for 1610-1626.5 MHz, 2483.5-2500 MHz, 5000-5250 MHz, 5850-7075 MHz (5850-7125 MHz in column 4 only), 15.4-15.7 GHz, 17.7-20.2 GHz, and 27.5-30.0 GHz in columns (1) through (7). b. Add entries in numerical order for 1610-1626.5 MHz, 2483.5-2500 MHz, 5000-5250 MHz, 5850-7075 MHz (5850-7125 MHz in column 4 only), 15.4-15.7 GHz, 17.7-20.2 GHz, and 27.5-30.0 GHz in columns (1) through (7). c. In the International Footnotes under heading I., add footnotes S5.149, S5.341, S5.355, S5.359, S5.363, S5.364, S5.365, S5.366, S5.367, S5.368, S5.369, S5.370, S5.371, S5.372, S5.397, S5.398, S5.399, S5.400, S5.402, S5.440, S5.441, S5.441A, S5.444, S5.444A, S5.446, S5.447, S5.447A, S5.447B, S5.447C, S5.458, S5.458A, S5.458B, S5.458C, S5.511A, S5.511C, and S5.511D. d. In the International Footnotes under heading II., remove footnotes 731E, 731F, 732, 733, 733A, 733B, 733C, 733E, 733F, 753A, 753B, 753C, 753F, 796, 797, 797A, 797B, and 809. e. Revise US319. f. Revise NG147. g. Add G126.  2.106 Table of Frequency Allocations * * * * * International table United States table FCC use designators Region 1 -- allocation MHz Region 2 -- allocation MHz Region 3 -- allocation MHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation MHz (4) Allocation MHz (5) (6) (7) * * * * * * * 1610 1610.6 MOBILE-SATELLITE (Earth-to-space) AERONAUTICAL RADIONAVIGATION S5.341 S5.355 S5.359 S5.363 S5.364 S5.366 S5.367 S5.368 S5.369 S5.371 S5.372 1610 1610.6 MOBILE-SATELLITE (Earth-to-space) AERONAUTICAL RADIONAVIGATION RADIODETERMINA- TION-SATELLITE (Earth-to-space) S5.341 S5.364 S5.366 S5.367 S5.368 S5.370 S5.372 1610 1610.6 MOBILE-SATELLITE (Earth-to-space) AERONAUTICAL RADIONAVIGATION Radiodetermination- Satellite (Earth-to- space) S5.341 S5.355 S5.359 S5.364 S5.366 S5.367 S5.368 S5.369 S5.372 1610 1610.6 AERONAUTICAL RADIONAVIGATION US260 RADIODETERMINA- TION-SATELLITE (Earth-to-space) MOBILE-SATELLITE (Earth-to-space) US319 S5.341 S5.364 S5.366 S5.367 S5.368 S5.372 US208 1610 1610.6 AERONAUTICAL RADIONAVIGATION US260 RADIODETERMINA- TION-SATELLITE (Earth-to-space) MOBILE-SATELLITE (Earth-to-space) US319 S5.341 S5.364 S5.366 S5.367 S5.368 S5.372 US208 AVIATION (87) SATELLITE COMMUNI- CATIONS (25) 1610.6 1613.8 MOBILE-SATELLITE (Earth-to-space) RADIO ASTRONOMY AERONAUTICAL RADIONAVIGATION S5.149 S5.341 S5.355 S5.359 S5.363 S5.364 S5.366 S5.367 S5.368 S5.369 S5.371 S5.372 1610.6 1613.8 MOBILE-SATELLITE (Earth-to-space) RADIO ASTRONOMY AERONAUTICAL RADIONAVIGATION RADIODETERMIN- ATION-SATELLITE (Earth-to-space) S5.149 S5.341 S5.364 S5.366 S5.367 S5.368 S5.370 S5.372 1 610.6 1 613.8 MOBILE-SATELLITE (Earth-to-space) RADIO ASTRONOMY AERONAUTICAL RADIONAVIGATION Radiodetermination- Satellite (Earth-to- space) S5.149 S5.341 S5.355 S5.359 S5.364 S5.366 S5.367 S5.368 S5.369 S5.372 1610.6 1613.8 AERONAUTICAL RADIONAVIGATION US260 RADIODETERMINA- TION-SATELLITE (Earth-to-space) MOBILE-SATELLITE (Earth-to-space) US319 RADIO ASTRONOMY S5.149 S5.341 S5.364 S5.366 S5.367 S5.368 S5.372 US208 1610.6 1613.8 AERONAUTICAL RADIONAVIGATION US260 RADIODETERMINA- TION-SATELLITE (Earth-to-space) MOBILE-SATELLITE (Earth-to-space) US319 RADIO ASTRONOMY S5.149 S5.341 S5.364 S5.366 S5.367 S5.368 S5.372 US208 AVIATION (87) SATELLITE COMMUNI- CATIONS (25) International table United States table FCC use designators Region 1 -- allocation MHz Region 2 -- allocation MHz Region 3 -- allocation MHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation MHz (4) Allocation MHz (5) (6) (7) 1613.8 1626.5 MOBILE-SATELLITE (Earth-to-space) AERONAUTICAL RADIONAVIGATION Mobile-Satellite (space-to-Earth) S5.341 S5.355 S5.359 S5.363 S5.364 S5.365 S5.366 S5.367 S5.368 S5.369 S5.371 S5.372 1613.8 1626.5 MOBILE-SATELLITE (Earth-to-space) AERONAUTICAL RADIONAVIGATION RADIODETERMIN- ATION-SATELLITE (Earth-to-space) Mobile-Satellite (space-to-Earth) S5.341 S5.364 S5.365 S5.366 S5.367 S5.368 S5.370 S5.372 1613.8 1626.5 MOBILE-SATELLITE (Earth-to-space) AERONAUTICAL RADIONAVIGATION Mobile-Satellite (space-to-Earth) Radiodetermination- Satellite (Earth-to- space) S5.341 S5.355 S5.359 S5.364 S5.365 S5.366 S5.367 S5.368 S5.369 S5.372 1613.8 1626.5 AERONAUTICAL RADIONAVIGATION US260 RADIODETERMINA- TION-SATELLITE (Earth-to-space) MOBILE-SATELLITE (Earth-to-space) US319 Mobile-Satellite (space-to-Earth) S5.341 S5.364 S5.365 S5.366 S5.367 S5.368 S5.372 US208 1613.8 1626.5 AERONAUTICAL RADIONAVIGATION US260 RADIODETERMINA- TION-SATELLITE (Earth-to-space) MOBILE-SATELLITE (Earth-to-space) US319 Mobile-Satellite (space-to-Earth) S5.341 S5.364 S5.365 S5.366 S5.367 S5.368 S5.372 US208 AVIATION (87) SATELLITE COMMUNI- CATIONS (25) * * * * * * * 2483.5 2500 FIXED MOBILE MOBILE-SATELLITE (space-to-Earth) Radiolocation S5.150 S5.371 S5.397 S5.398 S5.399 S5.400 S5.402 2483.5 2500 FIXED MOBILE MOBILE-SATELLITE (space-to-Earth) RADIOLOCATION RADIODETERMINA- TION-SATELLITE (space-to-Earth) S5.398 S5.150 S5.402 2483.5 2500 FIXED MOBILE MOBILE-SATELLITE (space-to-Earth) RADIOLOCATION Radiodetermination- Satellite (space-to- Earth) S5.398 S5.150 S5.400 S5.402 2483.5 2500 MOBILE-SATELLITE (space-to-Earth) US319 RADIODETERMINA- TION-SATELLITE (space-to-Earth) S5.398 S5.150 S5.402 US41 NG147 2483.5 2500 MOBILE-SATELLITE (space-to-Earth) US319 RADIODETERMINA- TION-SATELLITE (space-to-Earth) S5.398 S5.150 S5.402 US41 NG147 SATELLITE COMMUNI- CATIONS (25) 2450 + 50 MHz: Industrial, scientific, and medical frequency * * * * * * * International table United States table FCC use designators Region 1 -- allocation MHz Region 2 -- allocation MHz Region 3 -- allocation MHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation MHz (4) Allocation MHz (5) (6) (7) 5000 5150 AERONAUTICAL RADIONAVIGATION S5.367 S5.444 S5.444A 5000 5250 AERONAUTICAL RADIONAVIGATION US260 5000 5150 AERONAUTICAL RADIONAVIGATION US260 S5.367 S5.444 S5.444A US211 AVIATION (87) SATELLITE COMMUNI- CATIONS (25) 5150 5250 AERONAUTICAL RADIONAVIGATION FIXED-SATELLITE (Earth-to-space) S5.447A S5.446 S5.447 S5.447B S5.447C S5.367 S5.444 US211 US307 G126 5150 5250 AERONAUTICAL RADIONAVIGATION US260 FIXED-SATELLITE (Earth-to-space) S5.447A S5.447C US211 US307 AVIATION (87) SATELLITE COMMUNI- CATIONS (25) * * * * * * * 5850 5925 FIXED FIXED-SATELLITE (Earth-to-space) MOBILE S5.150 5850 5925 FIXED FIXED-SATELLITE (Earth-to-space) MOBILE Amateur Radiolocation S5.150 5850 5925 FIXED FIXED-SATELLITE (Earth-to-space) MOBILE Radiolocation S5.150 5850 5925 RADIOLOCATION S5.150 US245 G2 5850 5925 FIXED-SATELLITE (Earth-to-space) Amateur S5.150 US245 Amateur (97) International table United States table FCC use designators Region 1 -- allocation MHz Region 2 -- allocation MHz Region 3 -- allocation MHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation MHz (4) Allocation MHz (5) (6) (7) 5925 6700 FIXED FIXED-SATELLITE (Earth-to-space) MOBILE 5925 7125 5925 6425 FIXED NG41 FIXED-SATELLITE (Earth-to-space) FIXED MICROWAVE SERVICES (101) SATELLITE COMMUNI- CATIONS (25) 6425 6525 FIXED-SATELLITE (Earth-to-space) MOBILE S5.440 S5.458 AUXILIARY BROAD- CASTING (74) CABLE TELEVISION RELAY (78) FIXED MICROWAVE SERVICES (101) S5.149 S5.440 S5.458 6525 6700 FIXED FIXED-SATELLITE (Earth-to-space) S5.149 S5.458 FIXED MICROWAVE SERVICES (101) SATELLITE COMMUNI- CATIONS (25) 6700 7075 FIXED FIXED-SATELLITE (Earth-to-space)(space-to-Earth) S5.441 MOBILE 6700 6875 FIXED FIXED-SATELLITE (Earth-to-space) (space-to-Earth) S5.441 S5.458 S5.458A S5.458B FIXED MICROWAVE SERVICES (101) SATELLITE COMMUNI- CATIONS (25) S5.458 S5.458A S5.458B 6875 7075 FIXED FIXED-SATELLITE (Earth-to- space)(space- to-Earth) S5.441 MOBILE S5.458 S5.458A S5.458B S5.458C NG118 AUXILIARY BROAD- CASTING (74) CABLE TELEVISION RELAY (78) FIXED MICROWAVE SERVICES (101) SATELLITE COMMUNI- CATIONS (25) S5.149 S5.440 S5.458 International table United States table FCC use designators Region 1 -- allocation GHz Region 2 -- allocation GHz Region 3 -- allocation GHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation GHz (4) Allocation GHz (5) (6) (7) * * * * * * * 15.4 15.43 AERONAUTICAL RADIONAVIGATION S5.511D 15.4 15.7 AERONAUTICAL RADIONAVIGATION US260 15.4 15.43 AERONAUTICAL RADIONAVIGATION US260 US211 AVIATION (87) 15.43 15.63 FIXED-SATELLITE (space-to-Earth)(Earth-to-space) S5.511A AERONAUTICAL RADIONAVIGATION S5.511C 15.43 15.63 FIXED-SATELLITE (space-to-Earth)(Earth- to-space) S5.511A AERONAUTICAL RADIONAVIGATION US260 S5.511C US211 AVIATION (87) SATELLITE COMMUNI- CATIONS (25) 15.63 15.7 AERONAUTICAL RADIONAVIGATION S5.511D US211 15.63 15.7 AERONAUTICAL RADIONAVIGATION US260 US211 AVIATION (87) * * * * * * * INTERNATIONAL FOOTNOTES * * * * * S5.149 In making assignments to stations of other services to which the bands: 13360 - 13410 kHz, 25550 - 25670 kHz, 37.5 - 38.25 MHz, 73 - 74.6 MHz in Regions 1 and 3, 150.05 - 153 MHz in Region 1, 322 - 328.6 MHz*, 406.1 - 410 MHz, 608 - 614 MHz in Regions 1 and 3, 1330 - 1400 MHz*, 1610.6 - 1613.8 MHz*, 1660 - 1670 MHz, 1718.8 - 1722.2 MHz*, 2655 - 2690 MHz, 3260 - 3267 MHz*, 3332 - 3339 MHz*, 3345.8 - 3352.5 MHz*, 4825 - 4835 MHz*, 4950 - 4990 MHz, 4990 - 5000 MHz, 6650 - 6675.2 MHz*, 10.6 - 10.68 GHz, 14.47 - 14.5 GHz*, 22.01 - 22.21 GHz*, 22.21 - 22.5 GHz, 22.81 - 22.86 GHz*, 23.07 - 23.12 GHz*, 31.2 - 31.3 GHz, 31.5 - 31.8 GHz in Regions 1 and 3, 36.43 - 36.5 GHz*, 42.5 - 43.5 GHz, 42.77 - 42.87 GHz*, 43.07 - 43.17 GHz*, 43.37 - 43.47 GHz*, 48.94 - 49.04 GHz*, 72.77 - 72.91 GHz*, 93.07 - 93.27 GHz*, 97.88 - 98.08 GHz*, 140.69 - 140.98 GHz*, 144.68 - 144.98 GHz*, 145.45 - 145.75 GHz*, 146.82 - 147.12 GHz*, 150 - 151 GHz*, 174.42 - 175.02 GHz*, 177 - 177.4 GHz*, 178.2 - 178.6 GHz*, 181 - 181.46 GHz*, 186.2 - 186.6 GHz*, 250 - 251 GHz*, 257.5 - 258 GHz*, 261 - 265 GHz, 262.24 - 262.76 GHz*, 265 - 275 GHz, 265.64 - 266.16 GHz*, 267.34 - 267.86 GHz*, 271.74 - 272.26 GHz* are allocated (* indicates radio astronomy use for spectral line observations), administrations are urged to take all practicable steps to protect the radio astronomy service from harmful interference. Emissions from spaceborne or airborne stations can be particularly serious sources of interference to the radio astronomy service (see Nos. 343/S4.5 and 344/S4.6 and Article 36/S29). * * * * * S5.341 In the bands 1400-1727 MHz, 101-120 GHz and 197-220 GHz, passive research is being conducted by some countries in a programme for the search for intentional emissions of extraterrestrial origin. S5.355 Additional allocation: in Saudi Arabia, Bahrain, Bangladesh, the Congo, Egypt, the United Arab Emirates, Eritrea, Ethiopia, the Islamic Republic of Iran, Iraq, Israel, Jordan, Kuwait, the Lebanon, Malta, Morocco, Niger, Oman, Qatar, Syria, Somalia, Sudan, Sri Lanka, Chad, Togo, Yemen and Zambia, the bands 1540-1645.5 MHz and 1646.5-1660 MHz are also allocated to the fixed service on a secondary basis. S5.359 Additional allocation: in Germany, Saudi Arabia, Armenia, Austria, Azerbaijan, Belarus, Benin, Bulgaria, Cameroon, Spain, France, Gabon, Georgia, Greece, Guinea, Guinea-Bissau, Hungary, Jordan, Kazakhstan, Kuwait, Latvia, Libya, Mali, Mauritania, Moldova, Mongolia, Nigeria, Uganda, Uzbekistan, Pakistan, Poland, Syria, Kyrgyzstan, the Democratic People's Republic of Korea, Romania, Russia, Senegal, Swaziland, Tajikistan, Tanzania, Turkmenistan, Ukraine, Zambia and Zimbabwe the bands 1550-1645.5 MHz and 1646.5-1660 MHz are also allocated to the fixed service on a primary basis. Administrations are urged to make all practicable efforts to avoid the implementation of new fixed-service stations in the bands 1550-1555 MHz, 1610-1645.5 MHz and 1646.5-1660 MHz. S5.363 Alternative allocation: in Sweden, the band 1590-1626.5 MHz is allocated to the aeronautical radionavigation service on a primary basis. S5.364 The use of the band 1610-1626.5 MHz by the mobile-satellite service (Earth-to-space) and by the radiodetermination-satellite service (Earth-to-space) is subject to coordination under Resolution 46 (Rev.WRC-95)/No. S9.11A. A mobile earth station operating in either of the services in this band shall not produce a peak e.i.r.p. density in excess of -15 dB(W/4 kHz) in the part of the band used by systems operating in accordance with the provisions of No. S5.366 (to which No. 953/S4.10 applies), unless otherwise agreed by the affected administrations. In the part of the band where such systems are not operating, the mean e.i.r.p. density of a mobile earth station shall not exceed -3 dB(W/4 kHz). Stations of the mobile-satellite service shall not claim protection from stations in the aeronautical radionavigation service, stations operating in accordance with the provisions of No. S5.366 and stations in the fixed service operating in accordance with the provisions of No. S5.359. Administrations responsible for the coordination of mobile-satellite networks shall make all practicable efforts to ensure protection of stations operating in accordance with the provisions of No. S5.366. S5.365 The use of the band 1613.8-1626.5 MHz by the mobile-satellite service (space-to-Earth) is subject to coordination under Resolution 46 (Rev.WRC-95)/No. S9.11A. S5.366 The band 1610-1626.5 MHz is reserved on a worldwide basis for the use and development of airborne electronic aids to air navigation and any directly associated ground-based or satellite-borne facilities. Such satellite use is subject to agreement obtained under Article 14/No. S9.21. S5.367 Additional allocation: the bands 1610-1626.5 MHz and 5000-5150 MHz are also allocated to the aeronautical mobile-satellite (R) service on a primary basis, subject to agreement obtained under Article 14/No. S9.21. S5.368 With respect to the radiodetermination-satellite and mobile-satellite services the provisions of No. 953/S4.10 do not apply in the band 1610-1626.5 MHz, with the exception of the aeronautical radionavigation-satellite service. S5.369 Different category of service: in Angola, Australia, Burundi, C“te d'Ivoire, Eritrea, Ethiopia, India, the Islamic Republic of Iran, Israel, Jordan, Lebanon, Liberia, Libya, Madagascar, Mali, Pakistan, Papua New Guinea, Syria, Senegal, Sudan, Swaziland, Togo, Zaire and Zambia the allocation of the band 1610-1626.5 MHz to the radiodetermination-satellite service (Earth-to-space) is on a primary basis (see No. S5.33) subject to agreement obtained under Article 14/No. S9.21 from countries not listed in this provision. S5.370 Different category of service: in Venezuela, the allocation to the radiodetermination- satellite service in the band 1610-1626.5 MHz (Earth-to-space) is on a secondary basis. S5.371 Additional allocation: in Region 1, the bands 1610-1626.5 MHz (Earth-to-space) and 2483.5-2500 MHz (space-to-Earth) are also allocated to the radiodetermination-satellite service on a secondary basis, subject to agreement obtained under Article 14/No. S9.21. S5.372 Harmful interference shall not be caused to stations of the radio astronomy service using the band 1610.6-1613.8 MHz by stations of the radiodetermination-satellite and mobile-satellite services (No. 2904/S29.13 applies). * * * * * S5.397 Additional allocation: in France, the band 2450-2500 MHz is allocated on a primary basis to the radiolocation service (see No. S5.33). Such use is subject to agreement with administrations having services operating or planned to operate in accordance with the Table of Frequency Allocations which may be affected. S5.398 In respect of the radiodetermination-satellite service in the band 2483.5-2500 MHz, the provisions of No. 953/S4.10 do not apply. S5.399 In Region 1, in countries other than those listed in S5.400 , harmful interference shall not be caused to, or protection shall not be claimed from, stations of the radiolocation service by stations of the radiodetermination-satellite service. S5.400 Different category of service: in Angola, Australia, Bangladesh, Burundi, China, Eritrea, Ethiopia, India, the Islamic Republic of Iran, Jordan, Lebanon, Liberia, Libya, Madagascar, Mali, Pakistan, Papua New Guinea, Syria, Sudan, Swaziland, Togo, Zaire and Zambia, the allocation of the band 2483.5-2500 MHz to the radiodetermination-satellite service (space-to-Earth) is on a primary basis (see No. S5.33) subject to agreement obtained under No. S9.21 from countries not listed in this provision. S5.402 The use of the band 2483.5-2500 MHz by the mobile-satellite and the radiodetermination-satellite services is subject to the coordination under Resolution 46 (Rev.WRC- 95)/No. S9.11A. Administrations are urged to take all practicable steps to prevent harmful interference to the radio astronomy service from emissions in the 2483.5-2500 MHz band, especially those caused by second-harmonic radiation that would fall into the 4990-5000 MHz band allocated to the radio astronomy service worldwide. S5.440 The standard frequency and time signal-satellite service may be authorized to use the frequency 4202 MHz for space-to-Earth transmissions and the frequency 6427 MHz for Earth-to- space transmissions. Such transmissions shall be confined within the limits of ñ 2 MHz of these frequencies, subject to agreement obtained under Article 14/No. S9.21. S5.441 The use of the bands 4500-4800 MHz (space-to-Earth) and 6725-7025 MHz (Earth-to- space) by the fixed-satellite service shall be in accordance with the provisions of Appendix S30B. The use of the bands 10.7-10.95 GHz (space-to-Earth), 11.2-11.45 GHz (space-to-Earth) and 12.75-13.25 GHz (Earth-to-space) by GSO satellite systems in the fixed-satellite service shall be in accordance with the provisions of Appendix S30B. The use of the bands 10.7-10.95 GHz (space-to- Earth), 11.2-11.45 GHz (space-to-Earth) and 12.75-13.25 GHz (Earth-to-space) by non-GSO satellite systems in the fixed-satellite service shall be in accordance with the provisions of Resolution COM5-18. S5.441A The use of the bands 10.95-11.2 GHz (space-to-Earth), 11.45-11.7 GHz (space-to- Earth), 11.7-12.2 GHz (space-to-Earth) in Region 2, 12.2-12.75 GHz (space-to-Earth) in Region 3, 12.5-12.75 GHz (space-to-Earth) in Region 1, 13.75-14.5 GHz (Earth-to-space), 17.8-18.6 GHz (space-to-Earth), 19.7-20.2 GHz (space-to-Earth), 27.5-28.6 GHz (Earth-to-space), 29.5-30 GHz (Earth-to-space) by non-GSO and GSO satellite systems in the fixed-satellite service is subject to the provisions of Resolution COM5-18. The use of the band 17.8-18.1 GHz (space-to-Earth) by non- GSO FSS systems is also subject to the provisions of Resolution COM5-19. * * * * * S5.444 The band 5000-5150 MHz is to be used for the operation of the international standard system (microwave landing system) for precision approach and landing. The requirements of this system shall take precedence over other uses of this band. For the use of this band, No. S5.444A and Resolution 114 (WRC-95) apply. S5.444A 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 Resolution 46 (Rev.WRC- 95)/No. S9.11A. In the band 5091-5150 MHz, the following conditions also apply: 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) 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; after 1 January 2008, no new assignments shall be made to stations providing feeder links of non-geostationary-satellite mobile-satellite systems; after 1 January 2010, the fixed-satellite service will become secondary to the aeronautical radionavigation service. S5.446 Additional allocation: in the countries listed in Nos. S5.369 and S5.400, the band 5150-5216 MHz is also allocated to the radiodetermination-satellite service (space-to-Earth) on a primary basis, subject to agreement obtained under Article 14/No. S9.21. In Region 2, the band is also allocated to the radiodetermination-satellite service (space-to-Earth) on a primary basis. In Regions 1 and 3, except those countries listed in Nos. S5.369 and S5.400, the band is also allocated to the radiodetermination-satellite service (space-to-Earth) on a secondary basis. The use by the radiodetermination-satellite service is limited to feeder links in conjunction with the radio- determination-satellite service operating in the bands 1610-1626.5 MHz and/or 2483.5-2500 MHz. The total power flux-density at the Earth's surface shall in no case exceed 159 dBW/m2 in any 4 kHz band for all angles of arrival. S5.447 Additional allocation: in Germany, Austria, Belgium, Denmark, Spain, Finland, France, Greece, Israel, Italy, Japan, Jordan, Lebanon, Liechtenstein, Luxembourg, Malta, Morocco, Norway, Pakistan, the Netherlands, Portugal, Syria, the United Kingdom, Sweden, Switzerland and Tunisia, the band 5150-5250 MHz is also allocated to the mobile service, on a primary basis, subject to agreement obtained under Article 14/No. S9.21. S5.447A The allocation to the fixed-satellite service (Earth-to-space) is limited to feeder links of non-geostationary-satellite systems in the mobile-satellite service and is subject to coordination under Resolution 46 (Rev.WRC-95)/No. S9.11A. S5.447B Additional allocation: the band 5150-5216 MHz is also allocated to the fixed-satellite service (space-to-Earth) on a primary basis. This allocation is limited to feeder links of non- geostationary-satellite systems in the mobile-satellite service and is subject to provisions of Resolution 46 (Rev.WRC-95)/No. S9.11A. The power flux-density at the Earth's surface produced by space stations of the fixed-satellite service operating in the space-to-Earth direction in the band 5150-5216 MHz shall in no case exceed -164 dB(W/m2) in any 4 kHz band for all angles of arrival. S5.447C Administrations responsible for fixed-satellite service networks in the band 5150-5250 MHz operated under Nos. S5.447A and S5.447B shall coordinate on an equal basis in accordance with Resolution 46 (Rev.WRC-95)/No. S9.11A with administrations responsible for non- geostationary-satellite networks operated under No. S5.446 and brought into use prior to 17 November 1995. Satellite networks operated under No. S5.446 brought into use after 17 November 1995 shall not claim protection from, and shall not cause harmful interference to, stations of the fixed-satellite service operated under Nos. S5.447A and S5.447B. S5.458 In the band 6425-7075 MHz, passive microwave sensor measurements are carried out over the oceans. In the band 7075-7250 MHz, passive microwave sensor measurements are carried out. Administrations should bear in mind the needs of the Earth exploration-satellite (passive) and space research (passive) services in their future planning of the bands 6425-7025 MHz and 7075- 7250 MHz . S5.458A In making assignments in the band 6700-7075 MHz to space stations of the fixed- satellite service, administrations are urged to take all practicable steps to protect spectral line observations of the radio astronomy service in the band 6650-6675.2 MHz from harmful interference from unwanted emissions. S5.458B The space-to-Earth allocation to the fixed-satellite service in the band 6700-7075 MHz is limited to feeder links for non-geostationary satellite systems of the mobile-satellite service and is subject to coordination under Resolution 46 (Rev.WRC-95)/No. S9.11A. The use of the band 6700- 7075 MHz (space-to-Earth) by feeder links for non-geostationary satellite systems in the mobile- satellite service is not subject to S22.2. S5.458C Administrations making submissions in the band 7025-7075 MHz (Earth-to-space) for geostationary-satellite systems in the fixed-satellite service after 17 November 1995 shall consult on the basis of relevant ITU-R Recommendations with the administrations that have notified and brought into use non-geostationary-satellite systems in this frequency band before 18 November 1995 upon request of the latter administrations. This consultation shall be with a view to facilitating shared operation of both geostationary-satellite systems in the fixed-satellite service and non-geostationary systems in this band. * * * * * S5.511A Use of the band 15.43-15.63 GHz by the fixed-satellite service (space-to-Earth) (see Resolution COM5-8 (WRC-97)) and (Earth-to-space) is limited to feeder links of non-geostationary systems in the mobile-satellite service, subject to coordination under Resolution 46 (Rev. WRC- 97)/No. S9.11A. In the space-to-Earth direction, the minimum earth station antenna elevation angle above and gain toward the local horizontal plane and the minimum coordination distances to protect an earth station from harmful interference shall be in accordance with Recommendation ITU-R S.1341. Also in the space-to-Earth direction, harmful interference shall not be caused to stations of the radio astronomy service using the band 15.35-15.4 GHz. The threshold levels of interference and associated power flux-density limits which are detrimental to the radio astronomy service are given in Recommendation ITU-R RA.769-1. Special measures will need to be employed to protect the radio astronomy service in the band 15.35-15.4 GHz. S5.511C Stations operating in the aeronautical radionavigation service shall limit the effective e.i.r.p. in accordance with Recommendation ITU-R S.1340. The minimum coordination distances required to protect aeronautical radionavigation stations (No. S4.10 applies) from harmful interference from feeder-link earth stations and the maximum e.i.r.p. transmitted toward the local horizontal plane by a feeder-link earth station shall be in accordance with Recommendation ITU-R S.1340. S5.511D Fixed-satellite service systems for which complete information for advance publication has been received by the Bureau by 21 November 1997 may operate in the bands 15.4-15.43 GHz and 15.63-15.7 GHz in the space-to-Earth direction and 15.63-15.65 GHz in the Earth-to-space direction. In the bands 15.4-15.43 GHz and 15.65-15.7 GHz, emissions from a non-geostationary space station shall not exceed the power flux-density limits at the Earth's surface of 146 dB(W/m2/MHz) for all angles of arrival. In the band 15.63-15.65 GHz, where an administration plans emissions from a non-geostationary space station that exceed 146 dB(W/m2/MHz) for any angle of arrival, it shall coordinate under Resolution 46 (Rev. WRC-97)/No. S9.11A with the affected administrations. Stations in the fixed-satellite service operating in the band 15.63-15.65 GHz in the Earth-to-space direction shall not cause harmful interference to stations in the aeronautical radionavigation service (No. S4.10 applies). * * * * * UNITED STATES (US) FOOTNOTES * * * * * US319 In the 137-138 MHz, 148-149.9 MHz, 149.9-150.05 MHz, 399.9-400.05 MHz, 400.15-401 MHz, 1610-1626.5 MHz, and 2483.5-2500 MHz bands, Government stations in the mobile-satellite service shall be limited to earth stations operating with non-Government space stations. * * * * * NON-GOVERNMENT (NG) FOOTNOTES * * * * * NG147 Stations in the broadcast auxiliary service and private radio services licensed as of July 25, 1985, or on a subsequent date following as a result of submitting an application for license on or before July 25, 1985, may continue to operate on a primary basis with the mobile-satellite service and the radiodetermination-satellite service. * * * * * GOVERNMENT (G) FOOTNOTES * * * * * G126 Differential-Global-Positioning-System (DGPS) Stations may be authorized on a primary basis in the bands 108-117.975 MHz, 1559-1610 MHz, and 5000-5150 MHz for the specific purpose of transmitting DGPS information intended for aircraft navigation. PART 25--SATELLITE COMMUNICATIONS 1. The authority citation for Part 25 continues to read as follows: AUTHORITY: Secs. 25.101 to 25.601 issued under Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. 154. Interpret or apply secs. 101-104, 76 Stat. 419-427; 47 U.S.C. 701-744; 47 U.S.C. 554. 2. The table and footnotes in paragraph 25.202(a)(1) are revised to read as follows:  25.202 Frequencies, frequency tolerance and emission limitations. (a)(1) Frequency bands. The following frequencies are available for use by the fixed-satellite service. Precise frequencies and bandwidths of emission shall be assigned on a case-by-case basis. Space-to-Earth (GHz) Earth-to-space (GHz) 3.7-4.21 6.700-7.0757 10.95-11.21,2 11.45-11.71,2 11.7-12.23 15.43-15.637 17.7-19.71 19.7-20.2 5.091-5.1507,8 5.15-5.257 5.925-6.4251 13.75-14.04 14.0-14.25 14.2-14.5 15.43-15.637 27.5-29.51 29.5-30.0 1 This band is shared coequally with terrestrial radiocommunication services. 2 Use of this band by the fixed-satellite service is limited to international systems, i.e., other than domestic systems. 3 Use of this band by the fixed-satellite service in Region 2 is limited to national and subregional systems. Fixed-satellite transponders may be used additionally for transmissions in the broadcasting- satellite service. 4 This band is shared on an equal basis with the Government radiolocation service, grandfathered space stations in the Tracking and Data Relay Satellite System, and until January 1, 2000, spaceborne sensors. 5 In this band, stations in the radionavigation service shall operate on a secondary basis to the fixed- satellite service. 6 This band is shared coequally with broadcasting and broadcasting-satellite services. Terrestrial radiocommunications services must operate on a secondary basis. 7 Use of this band by the fixed-satellite service is limited to feeder links of non-geostationary mobile- satellite systems. 8 See 47 C.F.R.  2.106, footnote S5.444A, for conditions that apply to this band. PART 97--AMATEUR RADIO SERVICE 1. The authority citation for Part 97 continues to read as follows: Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47 U.S.C. 151-155, 301-609, unless otherwise noted. 2. Paragraph 97.303(m)(4) is revised to read as follows:  97.303 Frequency sharing requirements. * * * (m) In the 5 cm band: (4) In the 5.65-5.85 GHz segment, no amateur station shall cause harmful interference to, nor is protected from interference due to the operation of, stations authorized by other nations in the radiolocation service. In the 5.650-5.925 GHz segment, no amateur station shall cause harmful interference to, nor is protected from interference due to the operation of, Government stations authorized in the radiolocation service. APPENDIX B: INITIAL 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 term "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) is 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). This Notice of Proposed Rule Making ("Notice") proposes to allocate the 5091-5250 MHz and 15.43-15.63 GHz bands to the fixed-satellite (Earth-to-space) service on a primary basis, to allocate the 6700-7075 MHz and 15.43-15.63 GHz bands on a primary basis to the fixed-satellite (space-to- Earth) service, and to limit the use of these FSS allocations to feeder links that would be used in conjunction with the service links of non-geostationary orbit mobile-satellite service ("NGSO MSS") systems. We take this action on our own initiative in order to adopt domestically the NGSO MSS feeder link allocations adopted at the 1995 World Radiocommunication Conference ("WRC-95"). The adoption of this proposal would accommodate the growing demand for Big LEO services and would provide satellite operators with increased flexibility in the design of their systems. The Commission has not developed a definition of small entities specifically applicable to the satellite services licensees here at issue. Therefore, the applicable definition of small entity in the satellite services industry is the definition under the Small Business Administration ("SBA") rules applicable to Communications Services "Not Elsewhere Classified." This definition provides that a small entity is expressed as one with $11.0 million or less in annual receipts. According to Census Bureau data, there are 848 firms that fall under the category of Communications Services, Not Elsewhere Classified. Of those, approximately 775 reported annual receipts of $11 million or less and qualify as small entities. The Census Bureau category is very broad and commercial satellite services constitute only a subset of its total. We estimate that -- using current technology -- up to four NGSO MSS systems could utilize the feeder uplink spectrum and that up to six NGSO MSS systems could utilize the feeder downlink spectrum being allocated in this proceeding. None of the Big LEO licensees is a small business because they each have revenues in excess of $11 million annually or have parent companies or investors that have revenues in excess of $11 million annually. We therefore certify that this Notice will not have a significant economic impact on a substantial number of small entities. The Commission's Office of Public Affairs, Reference Operations Division, will send a copy of this Notice, including this certification, to the Chief Counsel for Advocacy of the Small Business Administration. A copy will also be published in the Federal Register.