FCC Web Documents citing 2.105

as compiled by hallikainen.com/FccRules on 2008 11 01

• ftp://ftp.fcc.gov/pub/Bureaus/Engineering_Technology/Documents/Orders/2005/et04-139.doc ftp://ftp.fcc.gov/pub/Bureaus/Engineering_Technology/Documents/Orders/2005/et04-139.pdf
  • Broadcast Stations........................................ 59 C. SRS and EESS Downlinks at 25.5-27 GHz and ISS at 25.25-27.5 GHz................................ 77 D. RNSS and the Radiolocation Service................................................................. ......... 93 E. Allocation Status of the Little LEO Feeder Link Bands ............................................... 104 F. Remaining Space Radiocommunication Service Issues................................................. 119 G. ITU Terms and Definitions............................................................. ..................... 129 H. Editorial Amendments.............................................................. ......................... 130 1. Sections 2.1 through 2.105................................................................... .............. 133 2. Section 2.106................................................................... .............................. 139 3. Parts 90 and 97...................................................................... ....................... 169 V. PROCEDURAL MATTERS................................................................. ................... 178 A. Final Regulatory Flexibility Analysis................................................................ ...... 178 B. Paperwork Reduction Act..................................................................... ............... 179 C. Congressional Review Act..................................................................... ............. 180 VI. ORDERING CLAUSES................................................................. ........................ 181 Appendix A: Final Rules Appendix B: Final Regulatory Flexibility Analysis I. INTRODUCTION By this action, we are
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  • report prohibited communications in writing to the Commission immediately, but in no case later than five business days after the communication occurs. Part 1 Seventh Report and Order, 16 FCC Rcd at 17555, ¶ 17. In the United States, radio spectrum may be allocated for exclusive Federal Government use, exclusive non-Federal Government use, or shared use. See 47 C.F.R. § 2.105(b). Mixed use is a type of shared use whereby Federal Government use is limited by geographic area, by time, or by other means so as to guarantee that the potential use by Federal Government stations is substantially less than the potential use to be made by non-Federal Government stations. See OBRA-93 at § 113(b)(2)(B). See also 47 U.S.C. § 923(b)(2)(B).
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  • 47 C.F.R. § 2.106 contains the United States Table of Allocations. Columns 4 through 7 are divided into the Government Table of Frequency Allocation and the Non-Government Table of Frequency Allocations. The Government plan (shown in column 4) is administered by the NTIA, and the non-Government plan (shown in column 5) is administered by the FCC. See 47 C.F.R. § 2.105. ``Non-Government'' means an entity which is not a Federal entity. Thus, for example, Alaska is deemed a non-Government entity because it is not a Federal entity. The NTIA serves as the principal adviser to the President, Vice President, and Secretary of Commerce on domestic and international communications and information issues and represents the Executive Branch before Congress, other Federal agencies,
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  • 2.106 shows the United States Table of Allocations. On the table, Columns 4 through 7 are divided into the Government Table of Frequency Allocation and the Non-Government Table of Frequency Allocations. The Government plan (shown in column 4) is administered by the NTIA, and the non-Government plan (shown in column 5) is administered by the Commission. See 47 C.F.R. § 2.105. "Non-Government" means an entity which is not a Federal entity. Thus, for example, Alaska is deemed a non-Government entity because it is not a Federal entity. See Report and Order, 2 FCC Rcd 825 (1987). In an earlier Commission order, the 422.1875-425.4875 MHz and 427.1875-429.9875 MHz bands were allocated for private land mobile use on a primary basis within 50
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  • Licensed amateur operators are authorized to operate on the frequencies listed Section 97.301 of the Rules, as designated by their operator class and license. In order to use designated frequencies in the amateur bands, amateur operators must follow the frequency sharing requirements in Section 97.301 of the Rules and the United States Table of Frequency Allocations (``Table''), found in Sections 2.105 and 2.106 of the Rules. The Table lists the use of the frequency band 267 - 322 MHz as Federal Government only. A review of Commission records reveals no record of a license for the use of any frequency within this band issued to Silva. On October 26, 2004, the San Francisco Office issued a Notice of Apparent Liability for
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-262865A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-262865A1.txt
  • and do not intend to suggest that we are modifying herein the Commission's narrowbanding procedures for the 173.2-173.4 MHz band, which is allocated for exclusive non-Federal use. 301 The Commission, an independent agency, administers spectrum allocated for non-Federal use and the NTIA, an operating unit of the Department of Commerce, administers spectrum allocated for Federal use. See 47 C.F.R. § 2.105(a). NTIA approves the spectrum needs of new systems for use by Federal departments and agencies and maintains the Federal Government Table of Frequency Allocations (Federal Government Table) in its Manual of Regulations & Procedures for Federal Radio Frequency Management, May 2003 Edition including the September 2004 Revision. Specifically, Federal operations in the 162-174 MHz band have been required to be
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  • We are amending 47 C.F.R. § 90.523(b) as set forth in Appendix C to set forth general requirements for NGO authorization letters. In Part 2 of our Rules, the term ``Government'' means Federal government and the term ``non-government'' means state/local governments and civilians. See First Report and Order, 14 FCC Rcd at 185 ¶ 67; see also 47 C.F.R. § 2.105(b); Non-Substantive Revisions to the Table of Frequency Allocations, Memorandum Opinion and Order, DA 99-2743 (OET rel. Dec. 20, 1999). 47 C.F.R. § 2.103(b) (1999). Use of the terms ``government'' and ``non-government'' are pursuant to the language in the First Report and Order, which notes, ``In the United States, radio spectrum may be allocated exclusively or for shared use to either
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  • § 26.101(a). 47 C.F.R. § 26.209(a). Table of Frequency Allocations, 47 C.F.R. § 2.106, international footnote S5.442. The aeronautical mobile service is defined as a mobile service between aeronautical stations and aircraft stations, or between aircraft stations. 47 C.F.R. § 2.1(c). Footnote S5.442 also limits the sub-band 4825-4835 MHz to the mobile, except aeronautical mobile, service. See 47 C.F.R. § 2.105(c)(2) (setting forth restrictions for secondary services). Per international footnote S5.443, in Argentina, Australia, and Canada, the allocation of the sub-bands 4825-4835 MHz and 4950-4990 MHz to the radio astronomy service is on a primary basis. Table of Frequency Allocations, 47 C.F.R. § 2.106, international footnote S5.149. Table of Frequency Allocations, 47 C.F.R. § 2.106, international footnote S5.339. See Table of
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  • e.g., petitions for reconsideration of DirecTV at 5, 6 & 14-17, and EchoStar at 9 et seq. See EchoStar petition for reconsideration at 22. Id. See, generally, petitions for reconsideration of SkyBridge, DirecTV, SBCA, EchoStar, and Boeing. See, generally, Northpoint Opposition to Petitions for Reconsideration. , infra. See 47 C.F.R. § 2.106 (Table of Frequency Allocations). See 47 C.F.R. § 2.105(c)(1)(i) which states, ``[s]ervices, the names of which are printed in ``capitals'' [example: FIXED]; these are called ``primary'' services;'' Compare with 47 C.F.R. § 2.105(c)(1)(ii) which specifies that, ``[s]ervices, the names of which are printed in ``normal characters'' [example: Mobile]; these are called ``secondary'' services.'' While there were over 10,000 incumbent fixed point-to-point links originally in the band, approximately 370 licensees
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  • 18 FCC Rcd 2223 (2003) (Third Notice of Proposed Rulemaking). Under our relocation policies only stations with primary status are entitled to relocation. Third Notice of Proposed Rulemaking, 18 FCC Rcd at 2256-57 ¶ 72. Because secondary operations, by definition, cannot cause harmful interference to primary operations, new entrants are not required to relocate secondary operations. Id.; 47 C.F.R. § 2.105(c)(2). Before the adoption of the AWS Allocation Order, the 2150-2160 MHz band was allocated domestically to the Fixed Service on a primary basis. Third Notice of Proposed Rulemaking, 18 FCC Rcd at 2253-54 ¶ 66. As previously stated, MDS stations licensed after 1992 to use the 2160-2162 MHz band are on a secondary basis. We also note that our relocation
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-174A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-174A1.txt
  • to relocate consistent with the Phase 1 and Phase 2 band plans adopted jointly by the BAS Frequency Coordinator and Existing Licensees of their Nielsen Designated Market Area, as described in Section 75.690(e), and will not be eligible for relocation by an MSS entity, but each licensee must prepare for such relocations at its own expense." 293 47 C.F.R. § 2.105(c). Federal Communications Commission FCC 05-174 56 true-up process.294 Nextel, MSTV, and NAB argue that, because Nextel is coordinating the BAS relocation on a market-by-market basis, there are public interest benefits to allowing Nextel to relocate these BAS licensees and to obtain credit for the relocation. Specifically, if there are few (or no) BAS incumbents left in a particular market that
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  • Ex Parte at 2. Id. at 3-4. See Improving Public Safety Communications in the 800 MHz Band, WT Docket No. 02-55, Report and Order, 19 FCC Rcd 14969, 14971 ¶ 1 (2004) (``800 MHz Report and Order''). See 700 MHz Further Notice, 22 FCC Rcd at 8137 ¶ 199. 47 U.S.C §§ 316, 303, 301, 154(i). . 47 C.F.R. § 2.105(c)(2). 47 U.S.C. § 316; 47 C.F.R. § 1.87. See Access Spectrum/Pegasus July 6, 2007 Ex Parte; Access Spectrum/Pegasus July 26, 2007 Ex Parte. 47 U.S.C. § 337(a), as enacted by the Balanced Budget Act of 1997, Pub. L. No. 105-33, Title III, 111 Stat. 251 (1997). Section 337(a) provides in pertinent part: (a) . . . the Commission shall allocate
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  • MTN requested to extend its STA to January 30, 2001. These two satellites are New Skies 513, located at 183° E.L., and New Skies 803, located at 338.5° E.L. See Application File No. SES-LIC-19980911-01273, Form 312, Exh. C, as amended by Application File No. SES-LIC-19981204-02004. "Primary" services can claim protection from harmful interference from secondary services. See 47 C.F.R. § 2.105. Further, once coordinated, primary services can also claim protection from harmful interference from any new primary services. Letter from Helen E. Disenhaus and Eliot J. Greenwald, Counsel for MTN, to Ronald Repasi, Chief, Satellite Engineering Branch, International Bureau, Federal Communications Commission, dated June 6, 2000 (June 6, 2000 Letter). MTN also revised its requested points of communication for its dockside
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2527A1.doc
  • 25.114(c)(13); 1985 Orbit Assignment Order at 1272. See 47 C.F.R. § 25.208(b). Allocation of a given frequency band for a particular service on a primary basis entitles operators to protection against harmful interference from stations of "secondary" services. Further, secondary services cannot claim protection from harmful interference caused by stations of a primary service. See 47 C.F.R. §§ 2.104(d) and 2.105(c). Use of the band by the FSS domestically in the United States is subject to certain restrictions. Specifically, Non-Government footnote NG104 to the U.S. Table of Frequency Allocations states that the use of the bands 10.7-11.7 GHz in the fixed-satellite service is limited to international systems, i.e. "other than domestic systems." The Commission interpreted this language to mean that U.S.-licensed
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  • on a co-primary basis have equal rights to operate in a particular frequency band. Stations operating in primary services can claim protection from harmful interference from stations in secondary services. Moreover, stations operating in a secondary service allocation cannot cause harmful interference to, nor claim protection from, harmful interference from stations of a primary service. 47 C.F.R. §§ 2.104(d) and 2.105(c). See 47 C.F.R. § 2.106, US Footnote 258. 47 C.F.R. § 2.106, US Footnote 90. 47 C.F.R. § 2.106. 47 U.S.C. § 308(b). See, e.g., Second Report and Order in Gen. Docket No. 84-1234, 2 F.C.C. Rcd. 485, 488 (1987). See, e.g., Amendment of the Commission's Rule to Establish Rules and Policies Pertaining to a Non-Voice, Non-Geostationary Mobile-Satellite Service, 8
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  • 9). MTN Order, 15 FCC Rcd at 23215 (para. 11). Set-Aside Order, 15 FCC Rcd 19572. Set-Aside Order, 15 FCC Rcd at 19572 (para. 1). See MTN Order, 15 FCC Rcd at 23213 (para. 6). See MTN Order, 15 FCC Rcd at 23213 (para. 6). "Primary" services can claim protection from harmful interference from secondary services. See 47 C.F.R. § 2.105. Further, once coordinated, primary services can also claim protection from harmful interference from any new primary services. See MTN Order, 15 FCC Rcd at 23213 (para. 6). MTN Order, 15 FCC Rcd at 23218 (para. 20). MTN Order, 15 FCC Rcd at 23220 (para. 24), citing Section 25.277(a) of the Commission's rules, 47 C.F.R. § 25.277(a). Section 25.277(a) states that
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  • First Report and Order''). See 18 GHz Band Report and Order. Stations operating in primary services are protected against interference from stations of ``secondary'' services. Moreover, stations operating in a secondary service cannot claim protection from harmful interference from stations of a primary service. ``Co-Primary'' services have equal rights to operate in particular frequencies. See 47 C.F.R §§ 2.104(d) and 2.105(c). See 47 C.F.R. § 2.106 US334. See 18 GHz Report and Order, 15 FCC Rcd at 13473 ¶ 90. The power flux-density limits in the 18.3-18.6 GHz band are -115/-105 dB (W/m2) in any one megahertz band, depending upon the angle of arrival. There are currently no power flux-density limits in the 19.7-20.2 GHz band. See Letter from William T.
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  • Order''). 18 GHz Band Report and Order, 15 FCC Rcd 13430. Stations operating in primary services are protected against interference from stations of ``secondary'' services. Moreover, stations operating in a secondary service cannot claim protection from harmful interference from stations of a primary service. ``Co-Primary'' services have equal rights to operate in particular frequencies. See 47 C.F.R §§ 2.104(d) and 2.105(c). 1998 Celsat Amendment at 2. 2000 Celsat Amendment at pp. 2-3. See 47 C.F.R. § 25.116 2 GHz MSS Order, 15 FCC Rcd at 16157 ¶ 71. 47 C.F.R. § 25.258. 1998 Celsat Amendment at 2. 2000 Celsat Amendment at pp. 2-3. See 28 GHz Band First Report and Order, 11 FCC Rcd 19005, as modified in 18 GHz Band
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  • 18 GHz Band Report and Order, 15 FCC Rcd 13,430 (2000). Stations operating in primary services are protected against interference from stations of ``secondary'' services. Moreover, stations operating in a secondary service cannot claim protection from harmful interference from stations of a primary service. ``Co-Primary'' services have equal rights to operate in particular frequencies. See 47 C.F.R §§ 2.104(d) and 2.105(c). See 28 GHz Band First Report and Order, 11 FCC Rcd 19005 (1996), as modified in 18 GHz Band Report and Order at 13443, ¶ 28. See 47 C.F.R. § 2.106 US334. See 18 GHz Report and Order, 15 FCC Rcd at 13473 ¶ 90. The power flux-density limits in the 18.3-18.6 GHz band are -115/-105 dB (W/m2) in any
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  • Proposed Rulemaking and Supplemental Tentative Decision, 11 FCC Rcd 53, 73 (1995). Stations operating in primary services are protected against interference from stations of ``secondary'' services. Stations operating in a secondary service cannot claim protection from harmful interference from stations of a primary service. ``Co-primary'' services have equal rights to operate in particular frequencies. See 47 C.F.R. §§ 2.104(d) and 2.105 (c). See also, Rulemaking to Amend Parts 1, 2, 21 and 25 of the Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band, to Reallocate the 29.5-30.0 GHz Frequency Band, to Establish Rules and Policies for Local Multipoint Distribution Service and for Fixed Satellite Services, Third Report and Order, 12 FCC Rcd 22310, 22325-26 (1997), Memorandum Opinion and Order, FCC
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  • (order on petition for clarification or reconsideration). Stations operating in primary services are protected against interference from stations of ``secondary'' services. Stations operating in the secondary service cannot cause harmful interference to or claim protection from harmful interference from stations of a primary service. ``Co-Primary'' services have equal rights to operate in particular frequencies. See 47 C.F.R. § 2.104(d) and 2.105(c); Ka-Band Service Rules, 12 FCC Rcd at 22325. GE American Communications, Inc., Application for Authority to Construct, Launch and Operate a Ka-band Satellite System in the Fixed Satellite Service, Order and Authorization, 12 FCC Rcd 6475 (Int'l Bur. 1997). 17° W.L., 85° W.L., 105° W.L, 56° E.L., and 114.5° E.L. In January 2001, we modified GE Americom's license to allow
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  • Order''). 18 GHz Band Report and Order, 15 FCC Rcd 13430. Stations operating in primary services are protected against interference from stations of ``secondary'' services. Moreover, stations operating in a secondary service cannot claim protection from harmful interference from stations of a primary service. ``Co-Primary'' services have equal rights to operate in particular frequencies. See 47 C.F.R §§ 2.104(d) and 2.105(c). Rulemaking to Amend Parts 1, 2, 21, and 25 of the Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band, to Reallocate the 29.5-30.0 GHz Frequency Band, to Establish Rules and Policies for Local Multipoint Distribution Service and for Fixed Satellite Services, Memorandum Opinion and Order, FCC 01-172 (released May 25, 2001) (``Reconsideration of Ka-Band FSS Rules Order''). See 28
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  • First Report and Order''). See 18 GHz Band Report and Order. Stations operating in primary services are protected against interference from stations of ``secondary'' services. Moreover, stations operating in a secondary service cannot claim protection from harmful interference from stations of a primary service. ``Co-Primary'' services have equal rights to operate in particular frequencies. See 47 C.F.R §§ 2.104(d) and 2.105(c). See 28 GHz Band First Report and Order, 11 FCC Rcd 19005, as modified in 18 GHz Band Report and Order 15 FCC Rcd at 13443, ¶ 28. See 47 C.F.R. § 2.106 US334. See 18 GHz Report and Order, 15 FCC Rcd at 13473 ¶ 90. The power flux-density limits in the 18.3-18.6 GHz band are -115/-105 dB (W/m2)
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  • Order''). 18 GHz Band Report and Order, 15 FCC Rcd 13430. Stations operating in primary services are protected against interference from stations of ``secondary'' services. Moreover, stations operating in a secondary service cannot claim protection from harmful interference from stations of a primary service. ``Co-Primary'' services have equal rights to operate in particular frequencies. See 47 C.F.R §§ 2.104(d) and 2.105(c). LMC Application at 99-101. LMC Consolidated Opposition at pp. 40-41. LMC Consolidated Opposition at pp. 39-40 and n. 109. LMC Application at p. 37. Memorandum Opinion and Order, Rulemaking to Amend Parts 1, 2, 21, and 25 of the Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band, to Reallocate the 29.5-30.0 GHz Frequency Band, to Establish Rules and Policies
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  • First Report and Order''). See 18 GHz Band Report and Order. Stations operating in primary services are protected against interference from stations of ``secondary'' services. Moreover, stations operating in a secondary service cannot claim protection from harmful interference from stations of a primary service. ``Co-Primary'' services have equal rights to operate in particular frequencies. See 47 C.F.R §§ 2.104(d) and 2.105(c). See 28 GHz Band First Report and Order, 11 FCC Rcd 19005, as modified in 18 GHz Band Report and Order, 15 FCC Rcd at 13443, ¶ 28. See 47 C.F.R. § 2.106 US334. See 18 GHz Report and Order, 15 FCC Rcd at 13473 ¶ 90. The power flux-density limits in the 18.3-18.6 GHz band are -115/-105 dB (W/m2)
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  • Order''). 18 GHz Band Report and Order, 15 FCC Rcd 13430. Stations operating in primary services are protected against interference from stations of ``secondary'' services. Moreover, stations operating in a secondary service cannot claim protection from harmful interference from stations of a primary service. ``Co-Primary'' services have equal rights to operate in particular frequencies. See 47 C.F.R §§ 2.104(d) and 2.105(c). See 28 GHz Band First Report and Order, 11 FCC Rcd 19005, as modified in 18 GHz Band Report and Order, 15 FCC Rcd at 13443, ¶ 28. See 47 C.F.R. § 2.106 US334. See 18 GHz Report and Order, 15 FCC Rcd at 13473 ¶ 90. The power flux-density limits in the 18.3-18.6 GHz band are -115/-105 dB (W/m2)
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  • Order''). 18 GHz Band Report and Order, 15 FCC Rcd 13430. Stations operating in primary services are protected against interference from stations of ``secondary'' services. Moreover, stations operating in a secondary service cannot claim protection from harmful interference from stations of a primary service. ``Co-Primary'' services have equal rights to operate in particular frequencies. See 47 C.F.R §§ 2.104(d) and 2.105(c). PanAmSat Application, Exhibits 1-6, Table 2. Id. See 28 GHz Band First Report and Order, 11 FCC Rcd 19005, as modified in 18 GHz Band Report and Order, 15 FCC Rcd at 13443, ¶ 28. See 47 C.F.R. § 2.106 US334. See 18 GHz Report and Order, 15 FCC Rcd at 13473, ¶ 90. The power flux-density limits in the
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  • Order), FCC 00-212, 15 FCC Rcd 13430 (rel. June 22, 2000). Stations operating in primary services are protected against interference from stations of ``secondary'' services. Moreover, stations operating in a secondary service cannot claim protection from harmful interference from stations of a primary service. ``Co-Primary'' services have equal rights to operate in particular frequencies. See 47 C.F.R §§ 2.104(d) and 2.105(c). Pegasus Application at p. 17. See 28 GHz Band First Report and Order, 11 FCC Rcd 19005, as modified in 18 GHz Band Report and Order, 15 FCC Rcd at 13443, ¶ 28. See 47 C.F.R. § 2.106 US334. See 18 GHz Report and Order, 15 FCC Rcd at 13473 ¶ 90. The power flux-density limits in the 18.3-18.6 GHz
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  • 18 GHz Band Report and Order, 15 FCC Rcd at 13443-54. Stations operating in primary services are protected against interference from stations of ``secondary'' services. Moreover, stations operating in a secondary service cannot claim protection from harmful interference from stations of a primary service. ``Co-Primary'' services have equal rights to operate in particular frequencies. See 47 C.F.R §§ 2.104(d) and 2.105(c). See 47 C.F.R. § 2.106 US334. Government GSO space stations have been authorized by the National Telecommunications and Information Administration at 144° W.L., 141° W.L., 69° W.L., 65° W.L., 60° W.L., 30° W.L., 24° W.L., 13° W.L., 10° W.L., 0° E.L., 44° E.L., 75° E.L., 82° E.L., 92° E.L., and 110° E.L. See 18 GHz Report and Order, 15 FCC
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  • Order''). 18 GHz Band Report and Order, 15 FCC Rcd 13430. Stations operating in primary services are protected against interference from stations of ``secondary'' services. Moreover, stations operating in a secondary service cannot claim protection from harmful interference from stations of a primary service. ``Co-Primary'' services have equal rights to operate in particular frequencies. See 47 C.F.R §§ 2.104(d) and 2.105(c). See 28 GHz Band First Report and Order, 11 FCC Rcd at 19023-31. 28 GHz Band First Report and Order, 11 FCC Rcd at 19030. Ka-Band FSS Rules Order, 12 FCC Rcd at 22327. Id. Ka-band FSS Rules Order, 12 FCC Rcd at 22326. Id. Technical Annex to TRW Amendment at pp. 1, 6-7. Technical Annex to TRW Amendment at
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  • Rcd 22310, 22326 (1997) (``Ka-Band Service Rules''). Stations operating in primary services are protected against interference from stations of secondary services. Stations operating in the secondary service cannot cause harmful interference to or claim protection from harmful interference from stations of a primary service. Co-Primary services have equal rights to operate in particular frequencies. See 47 C.F.R. § 2.104(d) and 2.105(c); Ka-Band Service Rules, 12 FCC Rcd at 22325. See In the Matter of Lockheed Martin Corporation Application for Authority to Construct, Launch, and Operate a Ka-band Satellite System in the Fixed Satellite Service, 12 FCC Rcd 23014 (Int'l Bur. 1997) (``Astrolink Authorization Order''). The five orbital locations are 97º W.L., 21.5º W.L., 2º E.L., 130º E.L, and 175.25º E.L. See
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  • First Report and Order''). See 18 GHz Band Report and Order. Stations operating in primary services are protected against interference from stations of ``secondary'' services. Moreover, stations operating in a secondary service cannot claim protection from harmful interference from stations of a primary service. ``Co-Primary'' services have equal rights to operate in particular frequencies. See 47 C.F.R §§ 2.104(d) and 2.105(c). See 28 GHz Band First Report and Order, 11 FCC Rcd 19005, as modified in 18 GHz Band Report and Order 15 FCC Rcd at 13443, ¶ 28. See 47 C.F.R. § 2.106 US334. See 18 GHz Report and Order, 15 FCC Rcd at 13473 ¶ 90. The power flux-density limits in the 18.3-18.6 GHz band are -115/-105 dB (W/m2)
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  • Corp. (February 6, 2002) at p. 2. Id. Id. 47 C.F.R. § 25.208. Allocation on a given frequency band for a particular service on a primary basis entitles operators to protection against harmful interference from stations of ``secondary'' services. Further, secondary services cannot claim protection from harmful interference caused by stations of a primary service. 47 C.F.R. §§ 2.104(d) and 2.105(c). 47 C.F.R. § 2.106 footnote NG104. Assignment of Orbital Locations to Space Stations in the Domestic Fixed Satellite Service and the Applications of GE American Communications, Inc., Order and Authorization, 15 FCC Rcd 3385 (Int'l Bur. 1999). PanAmSat Application, Exhibit 1b. See Amendment of Parts 2, 25, and 90 of the Commission's Rules to Allocate the 13.75-14.0 GHz Band to
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  • to Don Abelson, Chief, International Bureau, FCC (February 28, 2002). Id. Id. Allocation of a given frequency band for a particular service on a primary basis entitles operators to protection against harmful interference from stations of "secondary" services. Further, secondary services cannot claim protection from harmful interference caused by stations of a primary service. See 47 C.F.R. §§ 2.104(d) and 2.105(c). Use of the band by the FSS domestically in the United States is subject to certain restrictions. Specifically, Non-Government footnote NG104 to the U.S. Table of Frequency Allocations states that the use of the bands 10.7-11.7 GHz in the fixed-satellite service is limited to international systems, i.e. "other than domestic systems." The Commission interpreted this language to mean that U.S.-licensed
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  • report prohibited communications in writing to the Commission immediately, but in no case later than five business days after the communication occurs. Part 1 Seventh Report and Order, 16 FCC Rcd at 17555, ¶ 17. In the United States, radio spectrum may be allocated for exclusive Federal Government use, exclusive non-Federal Government use, or shared use. See 47 C.F.R. § 2.105(b). Mixed use is a type of shared use whereby Federal Government use is limited by geographic area, by time, or by other means so as to guarantee that the potential use by Federal Government stations is substantially less than the potential use to be made by non-Federal Government stations. See OBRA-93 at § 113(b)(2)(B). See also 47 U.S.C. § 923(b)(2)(B).
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  • of these international footnotes. These international footnotes shall be listed immediately below this note in I. Until such time as the Commission has considered the substantively revised international footnotes that have previously been adopted domestically, certain of the old international footnotes shall apply in the United States. These footnotes appear immediately after footnote 5.565 in II.'' See 47 C.F.R. § 2.105(b). See 47 C.F.R. § 2.105(a). Id. Prior to its revision at WRC-2000, international footnote 5.149 read as follows: ``In making assignments to stations of other services to which the bands: 13,360-13,410 kHz, 25,550-25,670 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
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  • 47 C.F.R. § 2.106 contains the United States Table of Allocations. Columns 4 through 7 are divided into the Government Table of Frequency Allocation and the Non-Government Table of Frequency Allocations. The Government plan (shown in column 4) is administered by the NTIA, and the non-Government plan (shown in column 5) is administered by the FCC. See 47 C.F.R. § 2.105. ``Non-Government'' means an entity which is not a Federal entity. Thus, for example, Alaska is deemed a non-Government entity because it is not a Federal entity. The NTIA serves as the principal adviser to the President, Vice President, and Secretary of Commerce on domestic and international communications and information issues and represents the Executive Branch before Congress, other Federal agencies,
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  • FCC Rcd at 10765-66 (para. 4). 47 C.F.R. § 2.106 and 25.202(a)(1). Allocation of a given frequency band to a particular service on a primary basis entitles operators to protection against harmful interference from stations of ``secondary'' services. Further, secondary services cannot claim protection from harmful interference caused by stations of a primary service. See 47 C.F.R. §§ 2.104(d) and 2.105(c). 47 C.F.R. § 2.106 footnote NG104 states ``[t]he use of the bands 10.7-11.7 GHz (space-to-Earth) and 12.75-13.25 GHz (Earth-to-space) by the fixed-satellite service in the geostationary-satellite orbit shall be limited to international systems, i.e. other than domestic systems.'' 47 C.F.R. § 25.202(a)(1) footnote 2 states ``[u]se of this band by geostationary satellite orbit satellite systems in the fixed-satellite service is
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  • FCC Rcd at 10765-66 (para. 4). 47 C.F.R. § 2.106 and 25.202(a)(1). Allocation of a given frequency band to a particular service on a primary basis entitles operators to protection against harmful interference from stations of ``secondary'' services. Further, secondary services cannot claim protection from harmful interference caused by stations of a primary service. See 47 C.F.R. §§ 2.104(d) and 2.105(c). 47 C.F.R. § 2.106 footnote NG104 states ``[t]he use of the bands 10.7-11.7 GHz (space-to-Earth) and 12.75-13.25 GHz (Earth-to-space) by the fixed-satellite service in the geostationary-satellite orbit shall be limited to international systems, i.e. other than domestic systems.'' 47 C.F.R. § 25.202(a)(1) footnote 2 states ``[u]se of this band by geostationary satellite orbit satellite systems in the fixed-satellite service is
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  • 2.106 shows the United States Table of Allocations. On the table, Columns 4 through 7 are divided into the Government Table of Frequency Allocation and the Non-Government Table of Frequency Allocations. The Government plan (shown in column 4) is administered by the NTIA, and the non-Government plan (shown in column 5) is administered by the Commission. See 47 C.F.R. § 2.105. "Non-Government" means an entity which is not a Federal entity. Thus, for example, Alaska is deemed a non-Government entity because it is not a Federal entity. See Report and Order, 2 FCC Rcd 825 (1987). In an earlier Commission order, the 422.1875-425.4875 MHz and 427.1875-429.9875 MHz bands were allocated for private land mobile use on a primary basis within 50
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  • A, p. 1. 83W Application at p. 8. 47 C.F.R. §§2.106 and 25.202(a)(1). Allocation of a given frequency band to a particular service on a primary basis entitles operators to protection against harmful interference from stations of ``secondary'' services. Further, secondary services cannot claim protection from harmful interference caused by stations of a primary service. See 47 C.F.R. §§2.104(d) and 2.105(c). Co-primary means that both services share the band on an equal basis and both services have equal protection against harmful interference from stations of ``secondary'' services. 47 C.F.R. §2.106 footnote NG104 states ``[t]he use of the bands 10.7-11.7 GHz (space-to-Earth) and 12.75-13.25 GHz (Earth-to-space) by the fixed-satellite service in the geostationary-satellite orbit shall be limited to international systems, i.e., other
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  • at 12-13. 109W Application at p. 8. 47 C.F.R. §§2.106 and 25.202(a)(1). Allocation of a given frequency band to a particular service on a primary basis entitles operators to protection against harmful interference from stations of ``secondary'' services. Further, secondary services cannot claim protection from harmful interference caused by stations of a primary service. See also 47 C.F.R. §§2.104(d) and 2.105(c). Co-primary means that both services share the band on an equal basis and both services have equal protection against harmful interference from stations of ``secondary'' services. 47 C.F.R. §2.106 footnote NG104 states ``[t]he use of the bands 10.7-11.7 GHz (space-to-Earth) and 12.75-13.25 GHz (Earth-to-space) by the fixed-satellite service in the geostationary-satellite orbit shall be limited to international systems, i.e., other
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  • C.F.R. §25.210(f). 121W Application at p. 8. 47 C.F.R. §§2.106 and 25.202(a)(1). Allocation of a given frequency band to a particular service on a primary basis entitles operators to protection against harmful interference from stations of ``secondary'' services. Further, secondary services cannot claim protection from harmful interference caused by stations of a primary service. See also 47 C.F.R. §§2.104(d) and 2.105(c). Co-primary means that both services share the band on an equal basis and both services have equal protection against harmful interference from stations of ``secondary'' services. 47 C.F.R. §2.106 footnote NG104 states ``[t]he use of the bands 10.7-11.7 GHz (space-to-Earth) and 12.75-13.25 GHz (Earth-to-space) by the fixed-satellite service in the geostationary-satellite orbit shall be limited to international systems, i.e., other
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  • into any service authorized under the Table of Frequency Allocations and when the non-conforming operator accepts any interference from authorized services.'' We do not find that authorization of this service requires granting a waiver of Section 2.106, because the United States Table of Frequency Allocations applies only to operations in the United States and the insular areas listed in Section 2.105 (a) footnotes, 2, 3, and 4. Intelsat plans to provide service to the countries of Columbia, Venezuela, Costa Rica, Ecuador, Panama, and El Salvador. This service area in which Intelsat seeks to operate does not include jurisdiction of the United States or its possessions, therefore a waiver of Section 2.106 is not required. However, we do find that Intelsat demonstrates
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  • service needs dictate. Id. at ¶ 57. See 47 C.F.R. § 25.203(c)(5). Allocation of a given frequency band for a particular service on a primary basis entitles operators to protection against harmful interference from stations of "secondary" services. Further, secondary services cannot claim protection from harmful interference caused by stations of a primary service. See 47 C.F.R. §§ 2.104(d) and 2.105(c). Use of the band by the FSS domestically in the United States is subject to certain restrictions. Specifically, Non-Government footnote NG104 to the U.S. Table of Frequency Allocations states that the use of the bands 10.7-11.7 GHz in the fixed-satellite service is limited to international systems, i.e. "other than domestic systems." The Commission interpreted this language to mean that U.S.-licensed
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  • to reflect any change in planned operations. Space stations operating in primary services are protected against interference from stations of secondary services. Stations operating in the secondary service cannot cause harmful interference to or claim protection from harmful interference from stations of a primary service. Co-primary services have equal rights to operate in particular frequencies. 47 C.F.R. §§ 2.104(d) and 2.105(c). For the allocation of frequencies, the International Telecommunication Union (ITU) has divided the world into three regions. Region 2 includes North and South America. See 47 C.F.R. § 2.104. 47 C.F.R. § 2.106. See Amendment of Parts 2, 25, and 87 of the Commission's Rules to Implement Decisions from World Radiocommunication Conferences Concerning Frequency Bands Between 28 MHz and 36
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  • currently operational or expected to be operational within 9° of Satcom SN-4 during its anticipated operational time frame. 9. We conclude that authorization of this service does not require a waiver of Section 2.106, because the United States Table of Frequency Allocations generally governs services provided to stations operating in the United States and the insular areas listed in Section 2.105 (a) footnotes, 2, 3, and 4. SES Americom's plans to provide service to the United States in ITU Region 2, using frequencies consistent with the United States Table of Frequency Allocations, therefore for Region 2 services a waiver is not required. In the case of service to ITU Region 1, the service area in which SES Americom seeks to operate
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  • Licensed amateur operators are authorized to operate on the frequencies listed Section 97.301 of the Rules, as designated by their operator class and license. In order to use designated frequencies in the amateur bands, amateur operators must follow the frequency sharing requirements in Section 97.301 of the Rules and the United States Table of Frequency Allocations (``Table''), found in Sections 2.105 and 2.106 of the Rules. The Table lists the use of the frequency band 267 - 322 MHz as Federal Government only. A review of Commission records reveals no record of a license for the use of any frequency within this band issued to Silva. On October 26, 2004, the San Francisco Office issued a Notice of Apparent Liability for
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  • of fixed stations operating in the 10.95-11.2 GHz and 11.45-11.7 GHz bands will continue to be protected to the same level as they currently enjoy. In the case where there is a parenthetical addition to an allocation in the United States Table [example: FIXED-SATELLITE (space-to-Earth)], that service allocation is restricted to the type of operation so indicated. 47 C.F.R. § 2.105(d) (4). 47 C.F.R. §2.106 footnote NG104; 47 C.F.R. §25.202(a)(1) footnote 2. In Region 2, the 11.7-12.2 GHz band is allocated for FSS downlinks; however, it is allocated to the broadcasting-satellite service (BSS) in Region 1. Because of these differences between Regional allocations, PanAmSat has requested the use of the 10.95-11.2 GHz and 11.45-11.7 GHz bands, which are allocated for FSS
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  • mobile-satellite service). 47 C.F.R. §§ 2.102(a), 25.156(d)(5). Space stations operating in primary services are protected against interference from stations of secondary services. Stations operating in the secondary service cannot cause harmful interference to or claim protection from harmful interference from stations of a primary service. Co-primary services have equal rights to operate in particular frequencies. 47 C.F.R. §§ 2.104(d) and 2.105(c). In bands designated for exclusive use, nonconforming services may only be provided on a non-harmful interference basis to any licensed service provided in accordance with the Table of Allocations, and may not claim interference protection from other authorized services. See Echostar LLC Petition for Reconsideration, Memorandum Opinion and Order, DA 06-865, ¶ 2 n.3 (Int'l Bur. released April 14, 2006).
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  • corresponding Earth-to-space (uplink) frequencies at 27.5-30.0 GHz. Space stations operating in primary services are protected against interference from stations of secondary services. Stations operating in the secondary service cannot cause harmful interference to or claim protection from harmful interference from stations of a primary service. Co-primary services have equal rights to operate in particular frequencies. 47 C.F.R. §§ 2.104(d) and 2.105(c). In bands designated for exclusive use, nonconforming services may only be provided on a non-harmful interference basis to any licensed service provided in accordance with the Table of Allocations, and may not claim interference protection from other authorized services. EchoStar proposed operations in the extended Ku-band, using the 10.95-11.2 GHz and 11.45-11.7 GHz (space-to-Earth) and 13.75-14.00 GHz (Earth-to-space) frequency bands.
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  • § 78.1. Clarity Waiver Request at 4, 18-19. Clarity Reply Comments at 47. Clarity's reception equipment will cost under $100 and may be offered to subscribers at a subsidized price. See Clarity Reply Comments at 46. Secondary users must not cause harmful interference to primary services, nor can they claim protection from interference from a primary service. See 47 C.F.R. §2.105(c). Clarity Waiver Request at 19. See Letter dated January 18, 2007, from Clarity Media Systems LLC, to Marlene H. Dortch, FCC, Amendment to Clarity Media Systems Applications. Experimental License File No. 0046-EX-PL-2005. On January 18, 2007, Clarity withdrew the application for Waco, Texas. See Letter dated January 18, 2007, from Clarity Media Systems LLC, to Marlene H. Dortch, FCC, Amendment
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  • to Allow the Provision of Fixed-Satellite Service Between Non-U.S. Points in the 12.7-12.75 GHz Frequency Band, Order and Authorization, 19 FCC Rcd 2775, 2777-78 ¶ 8 (2004) (holding that a waiver of Section 2.106 is not required ``because the United States Table of Frequency Allocations applies only to operations in the United States and the insular areas listed in Section 2.105 (a) footnotes, 2, 3, and 4...[The] service area in which Intelsat seeks to operate does not include jurisdiction of the United States or its possessions, therefore a waiver of Section 2.106 is not required.''). SES AMERICOM, INC., Application for Modification of Satcom SN-4 Fixed Satellite Space Station License, Order and Authorization, 05-1812 (rel. June 28, 2005). (Space Station Licensing Reform
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  • 25.115(e), 25.138(d). See Section 2.106 of the Commission's Rules, 47 C.F.R. § 2.106. Allocation of a given frequency band to a particular service on a "primary" basis entitles that service to protection against harmful interference from stations of a "secondary" service. Further, secondary services cannot claim protection from harmful interference caused by stations of a primary service. Sections 2.104(d) and 2.105(c) of the Commission's Rules, 47 C.F.R. §§ 2.104(d), 2.105(c). "Co-primary" services share a frequency band on an equal basis and may not cause harmful interference to each other. See, e.g., Rulemaking to Amend Parts 1, 2, 21, and 25 of the Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band, to Reallocate the 29.5-30.0 Frequency Band, to Establish Rules and
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  • Application at 15. 47 C.F.R. § 2.106. Id. Systems operating under a secondary allocation must not interfere with, and must accept interference from, systems operating with primary status. Secondary services can, however, claim protection from harmful interference from stations of the same or other secondary service(s) to which frequencies may be assigned at a later date. 47 C.F.R. §§ 2.104(d); 2.105(c). The secondary space research allocation is limited in the U.S. Table of Allocations to the 14.0-14.2. 47 C.F.R. § 2.106. However, the Table of Frequency Allocations in Article 5 of the International Telecommunication Union Regulations includes a secondary space research allocation in the 14.2-14.3 GHz frequency band, and in the 14.4-14.47 (uplink) frequency band. In 1983, the Commission established a
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  • modifications to the U.S. Table that will promote continued successful spectrum sharing between Federal agencies and non-Federal licensees. In Section I, we make additional display and footnote changes to the U.S. Table and to the description of the U.S. Table. In Appendix A, we make minor changes to the Allocation Table, to the text of several footnotes, and to Section 2.105; and in Appendix B, we update several of the FCC Rule Part cross references contained in Column 6 of the Allocation Table. Satellite Issues NGSO MSS Feeder Links. In January 2002, the Commission allocated spectrum to the fixed-satellite service (FSS) in order to provide necessary feeder link spectrum for a number of commercial Non-Geostationary Satellite Orbit Mobile-Satellite Service (NGSO MSS)
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  • Licensed amateur operators are authorized to operate on the frequencies listed Section 97.301 of the Rules, as designated by their operator class and license. In order to use designated frequencies in the amateur bands, amateur operators must follow the frequency sharing requirements in Section 97.301 of the Rules and the United States Table of Frequency Allocations (``Table''), found in Sections 2.105 and 2.106 of the Rules. The Table lists the use of the frequency band 267 - 322 MHz as Federal Government only. In the band 255 - 328.6 MHz, the fixed and mobile services are limited to the military services. The use of the band 235 - 322 MHz is allocated on a primary basis to the mobile-satellite service, limited
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  • and do not intend to suggest that we are modifying herein the Commission's narrowbanding procedures for the 173.2-173.4 MHz band, which is allocated for exclusive non-Federal use. 301 The Commission, an independent agency, administers spectrum allocated for non-Federal use and the NTIA, an operating unit of the Department of Commerce, administers spectrum allocated for Federal use. See 47 C.F.R. § 2.105(a). NTIA approves the spectrum needs of new systems for use by Federal departments and agencies and maintains the Federal Government Table of Frequency Allocations (Federal Government Table) in its Manual of Regulations & Procedures for Federal Radio Frequency Management, May 2003 Edition including the September 2004 Revision. Specifically, Federal operations in the 162-174 MHz band have been required to be
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  • at 37° 53' 55.3" north, 121° 44' 13.7" west; Booster Pump Station 2.3 located at 37° 54' 23.8" north, 121° 43' 25.6" west; Hydropneumatic Pump Station 2.2 located at 37° 57' 27.8" north, 121° 45' 1.3" west. Control Unit operating on 452.400 MHz operating at the unauthorized location of 37° 57' 36" north, 121° 41' 18" west. 47 C.F.R. § 2.105(c)(2): ``Stations of a secondary service shall not cause harmful interference to stations of primary services . . .'' At the time of the inspections, the City's operation of WQCY221, WQCY224, and WQCY226 continued to cause harmful interference to stations of primary services. If these interfering transmissions continue, we will take additional enforcement action which may include substantial monetary forfeitures, and
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  • Rules. Licensed amateur operators are authorized to operate on the frequencies listed Section 97.301 of the Rules, as designated by their operator class and license. In order to use designated frequencies in the amateur bands, amateur operators must follow the frequency sharing requirements in Section 97.301 of the Rules and the United States Table of Frequency Allocations found in Sections 2.105 and 2.106 of the Rules. Pursuant to the Table of Allocations, the 267-322 MHz Band is allocated solely for Federal Government use. In the band 255 - 328.6 MHz, the fixed and mobile services are limited to the military services. The use of the band 235 - 322 MHz is allocated on a primary basis to the mobile-satellite service, limited
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  • later date. Secondary systems cannot claim protection from harmful interference from stations of a primary user to which frequencies are already assigned or may be assigned at a later date. Secondary users can claim protection, however, from harmful interference caused by other secondary services to which frequency may be assigned at a later date. See 47 C.F.R. §§ 2.104 (d), 2.105(c)(3). See VisionStar Comments at 4. See Section 101.147(r)(10). See Section 101.147 (r)(10) of Appendix A to this Report and Order. See, e.g., Lockheed Comments at 8-9 (``Lockheed Martin does not support the secondary FS use of spectrum designated for FSS use on a primary basis''); Loral Comments at 7-8 (``Loral does not believe that the Commission's proposal to allow secondary
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  • astronomy service on either a primary or secondary basis. See Final Acts of the 1992 World Radio Conference, Malaga-Torremolinos (1992). A service designated as primary in a particular band enjoys priority status for operations in that band. A service designated as co- primary shares the band with other services given co-primary status on an equal basis. See 47 C.F.R. § 2.105(c). A service designated as secondary may operate in a particular band only to the extent that it does not cause harmful interference to any primary or co-primary designated service. See 47 C.F.R. § 2.105(c)(3). See also International Telecommunication Union Radio Regulations, Edition of 1998, Article S5, Section II --Categories of services and allocations, S5.28 through S5.31 ("Stations of a secondary
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  • 13 FCC Rcd at 24651 n.4. 36-51 GHz Order, 13 FCC Rcd at 24660. The other satellite services included the broadcasting-satellite service (BSS) and mobile-satellite service (MSS). We distinguish between spectrum ``allocations'' and ``designations.'' A spectrum allocation assigns radio frequency spectrum to one of the various pre-defined radio services listed in Section 2.1 of the Commission's rules. 47 C.F.R. § 2.105(b) & n.7. Designations are ``generally only needed where bands are allocated to more than one service and sharing between these services may be difficult.'' 36-51 GHz Order, 13 FCC Rcd at 24650, n.3. Significantly, spectrum designations for a particular service do not necessarily preclude other allocated services from operating in a given band, provided that the allocated service can meet
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  • 47 U.S.C. § 305(a), authorizes the President to assign frequencies to Federal Government stations. This authority has been delegated to the Assistant Secretary of Commerce for Communications and Information, who also serves as the Administrator, NTIA. See Pub. Law 102-538, 106 Stat. 3533 (1992). The Commission administers non-Federal Government spectrum and NTIA administers Federal Government spectrum. See 47 C.F.R. § 2.105 (a). Radionavigation is defined as radiodetermination used for the purpose of navigation, including obstruction warning. Radiodetermination, in turn, is the determination of the position, velocity and/or other characteristics of an object, or the obtaining of information relating to these parameters, by mean of the propagation properties of radio waves. See 47 C.F.R. § 2.1. US69 reads as follows: "In the
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  • to the Second Processing Round of the Non-Voice, Non-Geostationary Mobile Satellite Service, Report and Order, FCC 97-370, 13 FCC Rcd 9111, 9140 n.112 (1997) (``Report and Order''). A service designated as secondary may operate in a particular band only to the extent that it does not cause harmful interference to any primary or co-primary designated service. See 47 C.F.R. § 2.105(c)(3). See also International Telecommunication Union Radio Regulations, Edition of 1998, Article S5, Section II -- Categories of services and allocations, S5.28 through S5.31 ("Stations of a secondary service: a) shall not cause harmful interference to stations of primary services to which frequencies are already assigned or to which frequencies may be assigned at a later date; b) cannot claim protection
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  • the mobile except aeronautical mobile service includes only the land mobile and maritime mobile services. Consistent with our previous WMTS decision, we are allocating the 1427-1429.5 MHz band to the WMTS for Federal Government use. In the United States, radio spectrum may be allocated for exclusive Federal Government use, exclusive non-Federal Government use, or shared use. See 47 C.F.R. § 2.105(b). Mixed use is a type of shared use whereby Federal Government use is limited by geographic area, by time, or by other means so as to guarantee that the potential use by Federal Government stations is substantially less than the potential use to be made by non-Federal Government stations. See OBRA-93 at § 113(b)(2)(B). See also 47 U.S.C. § 923(b)(2)(B).
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  • e.g., petitions for reconsideration of DirecTV at 5, 6 & 14-17, and EchoStar at 9 et seq. See EchoStar petition for reconsideration at 22. Id. See, generally, petitions for reconsideration of SkyBridge, DirecTV, SBCA, EchoStar, and Boeing. See, generally, Northpoint Opposition to Petitions for Reconsideration. , infra. See 47 C.F.R. § 2.106 (Table of Frequency Allocations). See 47 C.F.R. § 2.105(c)(1)(i) which states, ``[s]ervices, the names of which are printed in ``capitals'' [example: FIXED]; these are called ``primary'' services;'' Compare with 47 C.F.R. § 2.105(c)(1)(ii) which specifies that, ``[s]ervices, the names of which are printed in ``normal characters'' [example: Mobile]; these are called ``secondary'' services.'' While there were over 10,000 incumbent fixed point-to-point links originally in the band, approximately 370 licensees
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  • Mobile Satellite System, File Nos. 17-DSS-P-91(48), CSS-91-013, 9-SAT-LA-95, 10-SAT-AMEND-95, 159-SAT-AMEND-96, Order and Authorization, 12 FCC Rcd 9651 (1997). See Application of MOBILE COMMUNICATIONS HOLDINGS, INC. For authority to construct, launch, and operate an elliptical low earth orbit Mobile Satellite System, File Nos. 11-DSS-P-91(6), 18-DSS-P-91(18), 11-SAT-LA-95, 12-SAT-AMEND-95, 158-SAT-AMEND-96, Order and Authorization, 12 FCC Rcd 9663 (1997) ("MCHI Authorization"). 47 C.F.R. §§ 2.105, 2.106. See Application of MOBILE COMMUNICATIONS HOLDINGS, INC. For authority to construct, launch, and operate an elliptical low earth orbit Mobile Satellite System, File Nos. 11-DSS-P-91(6), 18-DSS-P-91(18), 11-SAT-LA-95, 12-SAT-AMEND-95, 158-SAT-AMEND-96, Memorandum Opinion and Order, DA 01-1315, rel. May 31, 2001. See United States Proposals for the 1995 World Radiocommunication Conference, July 1995 ("U.S. WRC-95 Proposals"). See also Final Acts of
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  • all other mobile telemetry uses are secondary to the above stated launch vehicle uses. * * * * * , infra, for a description of the space science services. The Commission, which is an independent agency, administers non-Federal Government spectrum and NTIA, which is an operating unit of the Department of Commerce, administers Federal Government spectrum. See 47 C.F.R. § 2.105(a). NTIA also approves the spectrum needs of new systems for use by Federal departments and agencies and maintains the Federal Government Table of Frequency Allocations in its Manual of Regulations and Procedures for Federal Radio Frequency Management (``NTIA Manual''). RNSS is a radiocommunication service for the purpose of radiodetermination involving the use of one or more space stations. This service
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  • kHz. (2) In addition, the band 7100-7300 kHz is allocated on an exclusive basis to the broadcasting service in International Telecommunication Union (ITU) Regions 1 and 3 as defined in 47 C.F.R. § 2.104(b). Assignments in the band 7100-7300 kHz shall be limited to international broadcast stations located in ITU Region 3 insular areas (as defined in 47 C.F.R. § 2.105(a), note 4) that transmit to zones and areas of reception in ITU Region 1 or 3. * * * (3) In addition, frequencies within the following bands are assignable to the broadcasting service on an exclusive basis after April 1, 2007: (i) 5900-5950 kHz, 7300-7350 kHz, 9400-9500 kHz, 11600-11650 kHz, 12050-12100 kHz, 13570-13600 kHz, 13800-13870 kHz, 15600-15800 kHz, 17480-17550 kHz,
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  • August 10, 1993). See also H.R. Rep. No. 103-213, 103rd Cong., 1st Sess. (1993). See Spectrum Reallocation Final Report, Response to Title VI - Omnibus Budget Reconciliation Act of 1993, NTIA Special Publication 95-3l2, released February 1995 ("Final Report"). Shared use means that a band of frequencies is generally available for both government and non-government use. See 47 C.F.R. § 2.105(b). Mixed use means that government use is limited by geographic area, by time or by other means so as to guarantee that the potential use by government stations is substantially less than the potential use to be made by non-government stations. See Section 113(b)(2)(B) of OBRA-93. See 47 U.S.C. § 923(b)(2)(B). The three locations are Pascagoula, Mississippi; Pensacola, Florida; and
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  • Rulemaking, 17 FCC Rcd 24135 (2002). ). See also U.S. Department of Commerce's News Release entitled ``Bush Administration Forges Landmark Plan for Spectrum Allocation,'' dated July 23, 2002. The Commission, which is an independent agency, administers non-Federal Government spectrum and NTIA, which is an operating unit of the U.S. Department of Commerce, administers Federal Government spectrum. See 47 C.F.R. § 2.105. , infra. An earth station is, inter alia, a station located on the Earth's surface and intended for communication with one or more space stations. See ITU Radio Regulations, Edition of 2001, No. 1.63. See 2002 Viability Assessment at 3. To ensure mission success, NTIA anticipates that new satellites will be built with dual tracking and command frequencies, i.e., in
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  • primary or permitted services; cannot claim protection from harmful interference from stations of a primary or permitted service, but can claim protection from harmful interference from stations of the same or other secondary services to which frequencies are assigned at a later date. See Third Report and Order, 12 FCC Rcd at 22326; 47 C.F.R. § 2.104(d); 47 C.F.R. § 2.105(c)(3). See Amendment of Part 2 of the Commission's Rules to Allocate Spectrum for the Fixed-Satellite Service in the 17.8-20.2 GHz Band for Government Use, Memorandum Opinion and Order, FCC 95-316, 10 FCC Rcd 9931 (1995). See Establishment of Policies and Service Rules for the Non-Geostationary Satellite Orbit, Fixed Satellite Service in the Ku-Band, Notice of Proposed Rulemaking, FCC 01-134, 16
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  • other computers. An economic showing could include, for example, information on the pricing structure of an integrated service offering. See Flexibility Notice, 16 FCC Rcd at 15552, ¶ 46-47. A spectrum allocation permits the use of radio frequency spectrum for one or more of the various defined radio services listed in section 2.1 of the Commission's rules. 47 C.F.R. § 2.105(b) & n.7. See Flexibility Notice, 16 FCC Rcd at 15552, ¶ 46-47; see also Amendment of the Commission's Rules to Establish Rules and Policies Pertaining to a Mobile Satellite Service in the 1610-1626.5/2483.5-2500 MHz Frequency Bands, Report and Order, 9 FCC Rcd 5936, 5956, 5958 ¶¶ 48, 52 (1994) (Big LEO Service Rules Order) (granting all CDMA Big LEO licensees
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  • equipment from analog to digital. See Amendment of Section 2.106 of the Commission's Rules to Allocate Spectrum at 2 GHz for Use by the Mobile-Satellite Service, ET Docket No. 95-18, Second Report and Order and Second Memorandum Opinion and Order, 15 FCC Rcd. 12315 (2000). Currently, there are 27 stations with primary status. See Appendix E. See 47 C.F.R. § 2.105(c)(2). See Wireless Communications Association Reply Comments to the Notice at 34 n.89. Petition for Rulemaking of the Cellular Telecommunications & Internet Association Concerning Reallocation of 2 GHz Spectrum for Terrestrial Wireless Use, Petition for Rulemaking (filed May 18, 2001). See 2 GHz MSS R&O, 15 FCC Rcd at 16127. At the time the petition was filed, the Commission had reallocated
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  • A TV stations. See letter of July 30, 2003, from Frederick R. Wentland, Associate Administrator, NTIA Office of Spectrum Management, to Edmond J. Thomas, Chief, FCC Office of Engineering and Technology (NTIA letter). The Federal Communications Commission administers non-Federal Government spectrum; NTIA, which is an operating unit of the Department of Commerce, administers Federal Government spectrum. See 47 C.F.R. § 2.105(a). Section 305(a) of the Communications Act of 1934, as amended, authorizes the President to assign frequencies to Federal Government stations. This authority has been assigned to the Assistant Secretary of Commerce for Communications and Information, who also serves as the administrator for NTIA. See Pub. Law 102-538, 106 Stat. 3533 (1992). 47 C.F.R. § 73.1030. Advanced Television Systems and Their
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  • 18 FCC Rcd 2223 (2003) (Third Notice of Proposed Rulemaking). Under our relocation policies only stations with primary status are entitled to relocation. Third Notice of Proposed Rulemaking, 18 FCC Rcd at 2256-57 ¶ 72. Because secondary operations, by definition, cannot cause harmful interference to primary operations, new entrants are not required to relocate secondary operations. Id.; 47 C.F.R. § 2.105(c)(2). Before the adoption of the AWS Allocation Order, the 2150-2160 MHz band was allocated domestically to the Fixed Service on a primary basis. Third Notice of Proposed Rulemaking, 18 FCC Rcd at 2253-54 ¶ 66. As previously stated, MDS stations licensed after 1992 to use the 2160-2162 MHz band are on a secondary basis. We also note that our relocation
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  • 2364.5, 2370.5 and 2382.5 MHz. In the band 2360-2390 MHz, all other mobile telemetry uses are secondary to the above stated launch vehicle uses. * * * * * The Commission, which is an independent agency, administers non-Federal Government spectrum and NTIA, which is an operating unit of the Department of Commerce, administers Federal Government spectrum. See 47 C.F.R. § 2.105(a). NTIA also approves the spectrum needs of new systems for use by Federal departments and agencies and maintains the Federal Government Table of Frequency Allocations in its Manual of Regulations and Procedures for Federal Radio Frequency Management (``NTIA Manual''). RNSS is a radiocommunication service for the purpose of radiodetermination involving the use of one or more space stations. This service
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  • that is secondary is allowed to use the band as long as its operations do not cause interference to any primary operations, and it must accept any interference caused by a primary service. If a secondary service operation causes interference to a primary service, the secondary service provider must eliminate the interference or cease operations. See generally 47 C.F.R. § 2.105 (2002). Although we adopt PFD limits for the 40.0-42.0 GHz band at this time, rules for satellite-to-satellite sharing between Geostationary Orbit (GSO) and Non-Geostationary Orbit (NGSO) networks are also necessary. We will address these inter-satellite system sharing rules in a future rulemaking proceeding. We note that we have an open proceeding regarding the service rules for some frequencies within the
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  • kHz. (2) In addition, the band 7100-7300 kHz is allocated on an exclusive basis to the broadcasting service in International Telecommunication Union (ITU) Regions 1 and 3 as defined in 47 C.F.R. § 2.104(b). Assignments in the band 7100-7300 kHz shall be limited to international broadcast stations located in ITU Region 3 insular areas (as defined in 47 C.F.R. § 2.105(a), note 4) that transmit to zones and areas of reception in ITU Region 1 or 3. * * * (3) In addition, frequencies within the following bands are assignable to the broadcasting service on an exclusive basis after April 1, 2007: (i) 5900-5950 kHz, 7300-7350 kHz, 9400-9500 kHz, 11600-11650 kHz, 12050-12100 kHz, 13570-13600 kHz, 13800-13870 kHz, 15600-15800 kHz, 17480-17550 kHz,
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  • earth orbit Mobile Satellite System, File Nos. 17-DSS-P-91(48), CSS-91-013, 9-SAT-LA-95, 10-SAT-AMEND-95, 159-SAT-AMEND-96, Order and Authorization, 12 FCC Rcd 9651 (1997). See Application of MOBILE COMMUNICATIONS HOLDINGS, INC. For authority to construct, launch, and operate an elliptical low earth orbit Mobile Satellite System, File Nos. 11-DSS-P-91(6), 18-DSS-P-91(18), 11-SAT-LA-95, 12-SAT-AMEND-95, 158-SAT-AMEND-96, Order and Authorization, 12 FCC Rcd 9663 (1997). 47 C.F.R. §§ 2.105, 2.106. See Application of MOBILE COMMUNICATIONS HOLDINGS, INC. For authority to construct, launch, and operate an elliptical low earth orbit Mobile Satellite System, File Nos. 11-DSS-P-91(6), 18-DSS-P-91(18), 11-SAT-LA-95, 12-SAT-AMEND-95, 158-SAT-AMEND-96, Memorandum Opinion and Order, 16 FCC Rcd 11766 (Int'l Bur. 2001), recon. denied, 17 FCC Rcd 11898 (Int'l Bur. 2002), app. for review pending; CONSTELLATION COMMUNICATIONS HOLDINGS, INC. Request for
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  • U.S. Department of Commerce, NTIA Special Publication 95-32 (Feb. 1995) (Spectrum Reallocation Final Report). See Spectrum Reallocation Final Report, Response to Title VI - Omnibus Budget Reconciliation Act of 1993, NTIA Special Publication 95-3l2, released February 1995 (Final Report). ``Shared use'' means that a band of frequencies is generally available for both government and non-government use. See 47 C.F.R. § 2.105(b). ``Mixed use'' means that Federal government use is limited by geographic area, by time or by other means so as to guarantee that the potential use by Federal government stations is substantially less than the potential use to be made by non-government stations. See Section 113(b)(2)(B) of OBRA-93. See, also, 47 U.S.C. § 923(b)(2)(B). The Spectrum Reallocation Final Report listed
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  • station lawfully using a frequency band for service of a type for which the band is allocated on a primary basis is entitled to protection against interference from stations that use the band for secondary-status services. Stations operating in a secondary service cannot claim interference protection from stations lawfully operating in a primary service. See 47 C.F.R. §§ 2.104(d) and 2.105(c) (2003). Amendment of Section 2.106 of the Commission's Rules to Allocate the 1610-1626.5 MHz and the 2483.5-2500 MHz Bands for Use by the Mobile-Satellite Service, Including Non-Geostationary Satellites, Report and Order, FCC 93-547, 9 FCC Rcd 536 (1994). Prior to WRC-92, Motorola had urged the Commission to recommend adoption of a primary international allocation for MSS downlinks in the 1613.8-1626.5
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  • 406.1-420 MHz bands, the emissions of which are used for the automatic transmission of either hydrological or meteorological data, or both. 47 C.F.R. § 90.265(a). The Commission, which is an independent agency, administers spectrum allocated for non-Federal use and the NTIA, which is an operating unit of the Department of Commerce, administers spectrum allocated for Federal use. 47 C.F.R. § 2.105(a). Section 305(a) of the Communications Act as amended, 47 U.S.C. § 305(a), authorizes the President to assign frequencies to Federal stations. This authority has been delegated to the Assistant Secretary of Commerce for Communications and Information, who also serves as the Administrator of NTIA. Pub. Law 102-538, 106 Stat. 3533 (1992). NTIA also approves the spectrum needs of new systems
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  • is an independent agency, administers non-Federal Government spectrum under the Communications Act of 1934, as amended, see 47 U.S.C § 151, et seq. NTIA, which is an operating unit of the Department of Commerce, administers Federal Government spectrum and is responsible for administering the communications and information functions of the Executive branch of the Federal Government, see 47 C.F.R. § 2.105(a) and Executive Order 12046 of March 26, 1978. NTIA also approves the spectrum needs of new systems for use by Federal departments and agencies and maintains the Federal Government Table of Frequency Allocations in its Manual of Regulations and Procedures for Federal Radio Frequency Management (NTIA Manual). In addition to its comments, NTIA has conducted an extensive technical study and
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  • for Advanced Wireless Services in the 1.7 GHz and 2.1 GHz Bands, WT Docket No. 02-353, Report and Order, 18 FCC Rcd 25162 (2003) (``AWS Service Rules R&O''). ). The Commission, which is an independent agency, administers non-Federal Government spectrum. NTIA, which is an operating unit of the U.S. Department of Commerce, administers Federal Government spectrum. See 47 C.F.R. § 2.105. Id. at 3. See Amendment of Parts 2, 25, and 87 of the Commission's Rules to Implement Decisions from World Radiocommunication Conferences Concerning Frequency Bands Between 28 MHz and 36 GHz and to Otherwise Update the Rules in this Frequency Range, ET Docket No. 02-305, Report and Order, 18 FCC Rcd 23426 (2003) (``Above 28 MHz R&O''), at ¶¶ 20,
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  • of Frequency Allocations (47 C.F.R. § 2.106 columns 4 and 5) is subdivided into the Federal Government Table of Frequency Allocations (Federal Government Table) and the non-Federal Government Table of Frequency Allocations. The Federal Government Table is administered by the National Telecommunications and Information Administration (NTIA) and is included in the Commission's Rules for informational purposes only. 47 C.F.R. § 2.105(a) and (d)(3). With the concurrence of NTIA, we are making several editorial amendments to the Federal Government Table. First, footnote 5.486 (secondary fixed service allocation in the band 11.7-12.1 GHz) is removed from the Federal Government Table because our research finds that this footnote had been inadvertently added to Federal Government Table. Second, footnote 5.490 (existing and future terrestrial services
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  • Until March 29, 2009, the band 7100-7300 kHz is allocated on an exclusive basis to the broadcasting service in International Telecommunication Union (ITU) Regions 1 and 3 as defined in 47 C.F.R. § 2.104(b). Assignments in the band 7100-7300 kHz shall be limited to international broadcast stations located in ITU Region 3 insular areas (as defined in 47 C.F.R. § 2.105(a), note 4) that transmit to zones and areas of reception in ITU Region 1 or 3. (ii) After March 29, 2009, the bands 7200-7300 kHz and 7400-7450 kHz are allocated on an exclusive basis to the broadcasting service in ITU Regions 1 and 3 and the band 7100-7200 kHz is not allocated to the broadcasting service. Assignments in the bands
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  • band to the 2025-2110 MHz band - a reduction of 35 megahertz of spectrum. The Commission determined that BAS could achieve comparable facilities in the reduced spectrum because the relocation would entail an upgrade of equipment from analog to digital. See MSS Second R&O, 15 FCC Rcd 12315; MSS Third R&O, 18 FCC Rcd 23638. . See 47 C.F.R. § 2.105(c). . Currently, the 2150-2162 MHz band is used to provide subscribers in 30 to 50 markets (urban and rural) across the country with wireless broadband service and, in some cases, multichannel video programming service. See Ex Parte filing on behalf of Wireless Communications Association International, Inc. (Aug. 5, 2005). 47 U.S.C. § 316. 47 U.S.C. § 316 (a)(1). California Metro
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  • not intend to suggest that we are modifying herein the Commission's narrowbanding procedures for the 173.2-173.4 MHz band, which is allocated for exclusive non-Federal use. The Commission, which is an independent agency, administers spectrum allocated for non-Federal use and the NTIA, which is an operating unit of the Department of Commerce, administers spectrum allocated for Federal use. 47 C.F.R. § 2.105(a). NTIA approves the spectrum needs of new systems for use by Federal departments and agencies and maintains the Federal Government Table of Frequency Allocations (Federal Government Table) in its Manual of Regulations & Procedures for Federal Radio Frequency Management, May 2003 Edition including the September 2004 Revision (NTIA Manual). Replacement of Part 90 by Part 88 to Revise the Private
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  • Broadcast Stations........................................ 59 C. SRS and EESS Downlinks at 25.5-27 GHz and ISS at 25.25-27.5 GHz................................ 77 D. RNSS and the Radiolocation Service................................................................. ......... 93 E. Allocation Status of the Little LEO Feeder Link Bands ............................................... 104 F. Remaining Space Radiocommunication Service Issues................................................. 119 G. ITU Terms and Definitions............................................................. ..................... 129 H. Editorial Amendments.............................................................. ......................... 130 1. Sections 2.1 through 2.105................................................................... .............. 133 2. Section 2.106................................................................... .............................. 139 3. Parts 90 and 97...................................................................... ....................... 169 V. PROCEDURAL MATTERS................................................................. ................... 178 A. Final Regulatory Flexibility Analysis................................................................ ...... 178 B. Paperwork Reduction Act..................................................................... ............... 179 C. Congressional Review Act..................................................................... ............. 180 VI. ORDERING CLAUSES................................................................. ........................ 181 Appendix A: Final Rules Appendix B: Final Regulatory Flexibility Analysis I. INTRODUCTION By this action, we are
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  • also Service Rules for Advanced Wireless Services in the 1.7 GHz and 2.1 GHz Bands, Order on Reconsideration in WT Docket No. 02-353, 20 FCC Rcd 14058 (2005). ). The Commission, which is an independent agency, administers non-Federal Government spectrum. NTIA, which is an operating unit of the U.S. Department of Commerce, administers Federal Government spectrum. See 47 C.F.R. § 2.105. See OBRA-93, § 6001(a) (47 U.S.C. § 923(a)-(b)). See Spectrum Reallocation Final Report, Response to Title VI - Omnibus Reconsideration Act of 1993, NTIA Special Publication 95-32, dated February 1995 at Appendix E and page F-4; OBRA-93, § 6001(a) (47 U.S.C. § 923(c)(4)). See 2002 Viability Assessment at 1 and 2. Such access may make more spectrum available in the
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  • . Although it may be possible to relocate BRS operations on channels 1 and 2/2A separately, this could require the installation and operation of more than one device at either the base station or the end user's premises. See, e.g., SpeedNet Comments at 5-6. Microwave Cost Sharing First R&O, 11 FCC Rcd 8825 at ¶ 4