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A. a.(1)(a) i) a)DocumentgPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:iG?^HI@OJitemizeX1=&V 8F ` hp xr#FxX  Pg9CXP#header2>I ` hp x`    #FxX  Pg9CXP# heading 3?F` hp x #FxX  Pg9CXP# footer!@!!#d\  PCP#2NA 'LB4MCrMDgNCitatorFormat Secretary's Citator Output FileAW r5-#d6X@`7Ͽ@# XX  X B r5-S  BFormat DownloadFormat Downloaded DocumentBiޛ r5- XX    \ #d6X@`7Ͽ@#a2AgendaCa1AgendaAgenda ItemsD7D yP ) I. 2FaEr+OFOGTH_\a3AgendaEmhzo5  6Stable of allo (mhz)=($*$o5  EF  ` `   INTERNATIONAL!FF". ||0,,79?kk@ UNITED STATES   Region 1` ` | Region 2!|FF"Region 3.||0Band,,7|9National?|kk@Government$$M|%%ONonGovernment**[|t+t+\Remarks MHz` ` | MHz!|FF"MHz.||0MHz,,7|9Provisions?|kk@Allocation$$M|%%OAllocation**[| ` ` | !|FF".||01,,7|92?|kk@3$$M|%%O4**[|t+t+\5   tables  6STables of Frequency Allocations*$o5  EG     '3 #H|@E@#` F,k$%*D+  ` `   INTERNATIONAL !FF".||0,,79?kk@ UNITED STATES   Region 1` ` | Region 2!|FF"Region 3.||0 Band,,7|9National?|kk@Government$$M|%%ONonGovernment**[|D+D+\Remarks kHz` ` | kHz!|FF"kHz.||0 kHz,,7|9Provisions?|kk@Allocation$$M|%%OAllocation**[| ` ` | !|FF".||0 1,,7|92?|kk@3$$M|%%O4**[|D+D+\5   ` F,k$%*t+GHZo5  6SGHz TABLE OF FREQ ALLOS8 *$o5  EH  ` `   INTERNATIONAL!FF". ||0,,79?kk@ UNITED STATES   Region 1` ` | Region 2!|FF"Region 3.||0Band,,7|9National?|kk@Government$$M|%%ONonGovernment**[|t+t+\Remarks GHz` ` | GHz!|FF"GHz.||0GHz,,7|9Provisions?|kk@Allocation$$M|%%OAllocation**[| ` ` | !|FF".||01,,7|92?|kk@3$$M|%%O4**[|t+t+\5   2jLxaLcLfL\h"S^2CRddCCCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`lC2CC!CCCCCCCCCCd8YYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddodYYYYYYdzYzYzYzYdddddddCdCdCCCdNCdz8zCzCzCz8dddddCCCoNoNoNoNzCzCzCdddddzYzYNF2[dCYddddd7>d<d<$YYdCCddooCYd<d<+oodCCddddCo ,N(N(ZZ{"  !frequencies giving priority to the 50005091 MHz band; and (2) when assigning frequencies in  !/the 50915250 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  X4mutual interference between them.    X4 $ q 12.Second, through new footnote S5.447B, WRC95 additionally allocated the 51505216  !MHz band to the fixedsatellite (spacetoEarth) service on a primary basis worldwide. This FSS  !cdownlink allocation is also limited to NGSO MSS feeder links and is subject to provisions of No.  !S9.11A. In addition, the power fluxdensity at the Earth's surface produced by FSS space  X14 !Vstations transmitting in the 5150-5216MHz band must not exceed 164 dB(W/m2) in any 4kHz band for all angles of arrival.  X 4 $  13.Third, through new footnote S5.447C, WRC95 required that NGSO MSS feeder links  !in the 51505250 MHz band be coordinated on an equal basis with nongeostationary  !radiodetermination satellite networks operating in the 51505216 MHz band that were brought  !Rinto 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.  XK4 $ , 14.In order to implement the above FSS allocations, WRC95 reduced the amount of  !spectrum for which the international standard systems have precedence over all other uses from  X4 !the 50005250 MHz band to the 50005150 MHz band,@!Z {O' ! ԍ See Appendix A, footnote S5.444 (previously 796). While the aeronautical radionavigation service would  ! not have precedence in the 51505250 MHz band, the aeronautical radionavigation allocation would be coprimary with the FSS allocation. @ reduced the primary aeronautical  X4 !8mobilesatellite (R) service allocation at 50005250 MHz to the 50005150 MHz band,a" {O'ԍ See Appendix A, footnote S5.367 (previously 733).a and suppressed footnote 797.  X4 $ 15.ITUR 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  X4 !("MLS").#"| {O' !Q ԍ See Draft New Recommendation ITUR [4A/XM]: "Method for Determining Coordination Distances, in the  !t 5 GHz Band, between the International Standard Microwave Landing System (MLS) Stations Operating in the  ! Aeronautical Radionavigation Service (ARNS) and NGSO Mobile Satellite Service (MSS) Stations Providing Feeder Uplink Services," Document 4/66E, January 23, 1997.  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  !Vdistances 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. " f #,N(N(ZZ<"Ԍ X4 $ 0 16.Proposal. We propose to allocate the 51505250 MHz band to the nonGovernment  !fixedsatellite (Earthtospace) 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 50915250 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 50915250 MHz band that Working Group 4A is still  !developing the sharing criteria between ARNS and FSS uplinks for this band; that prior to  X34 !January 1, 2010, the requirements of existing and planned international standard systems (e.g.,  !microwave landing systems) which cannot be met in the 50005091 MHz band will take  !precedence over other uses of the 50915150 MHz band; and, that after January 1, 2010, FSS  !}uplinks will operate on a secondary basis to the aeronautical radionavigation service in the 5091 X 4 !5150 MHz band.$  yOR' !k ԍ We note that studies have shown that cofrequency sharing between MLS and gateway earth stations may  {O'be technically feasible.  See WRC95 Preparation Report, Section C, p.2. In addition, we seek comment on footnote S5.447B, which provides for "reverse band working" in the 51505216 MHz band.  X4 $ 17.Finally, we observe that the National Telecommunications and Information  !Administration ("NTIA") has previously adopted footnote G126, which states that Differential !VGlobalPositioningSystem ("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  X84 !ynavigation.Z%Z8" {O ' ! ԍ See NTIA Manual of Regulations & Procedures for Federal Radio Frequency Management, September 1995  !t Edition, Revisions for September 1996, January and May 1997, at pp. 468 and 498. This function can also be performed in the 108117.975 MHz and 15591610 MHz bands.Z We propose to add footnote G126 to the Government column of the 50005150 MHz band.  X 4  X4 $ q18.FSSDownlinksat67007075MHz. Prior to WRC95, the 59257075 MHz band was  !pallocated to the fixed, fixedsatellite (Earthtospace), and mobile services on a coprimary basis  X4 !worldwide."&D yO' !+ ԍ The fixed service is a radiocommunication service between fixed points. The mobile service is a  {O'radiocommunication service between mobile and land stations, or between mobile stations. See 47 C.F.R.  2.1." FSS use of the 67257025 MHz uplink band segment had to be in accordance with  X4 !the provisions of Appendix 30B of the Radio Regulations as per footnote 792A.M'Z {O!' ! ԍ See ITU Radio Regulations, Edition of 1990, Revised in 1994, Appendix 30B: "Provisions and Associated  ! Plan for the FixedSatellite Service in the Frequency Bands 45004800 MHz, 67257025 MHz, 10.7010.95 GHz, 11.2011.45 GHz and 12.7513.25 GHz."M In addition,  !footnote 809 states that passive microwave sensor measurements are carried out over the oceans  !"in the 64257075 MHz band and that administrations should bear in mind the needs of the earth" ',N(N(ZZ"  !explorationsatellite (passive) and space research (passive) services in their future planning of the  X4band.C( yOb' !. ԍ The earth explorationsatellite service is a radiocommunication service between earth stations and one or more  ! space stations, which may include links between space stations, in which: (1) information relating to the  ! characteristics of the Earth and its natural phenomena, including data relating to the state of the environment, is  !U obtained from active or passive sensors on earth satellites; (2) similar information is collected from airborne or Earth ! based platforms; (3) such information may be distributed to earth stations within the system concerned; and (4)  ! platform interrogation may be included. The earth explorationsatellite service may also include feeder links  !o necessary for its operation. The space research service is a radiocommunication service in which spacecraft or other  !& objects in space are used for scientific or technological research purposes. A passive sensor is a measuring  ! instrument in the earth explorationsatellite service or in the space research service by means of which information  {Oj 'is obtained by reception of radio waves of natural origin. See 47 C.F.R.  2.1. C  X4 $ 19.In the United States, the 65257075 MHz band is essentially nonGovernment  X4 !exclusive spectrum*)Xb  yO' ! ԍ We have also adopted international footnote 809 domestically, and thus both Government agencies and non ! Government licensees may use the 67007075 MHz band to carry out passive microwave sensor measurements over the oceans. * and is allocated to the fixed and fixedsatellite (Earthtospace) services on  X4 !a coprimary basis,)*H  yO' ! ԍ We recently authorized American Mobile Radio Corporation ("AMRC") to launch and operate two  yO' !b geostationary satellites (located at 850 W.L. and 1150 W.L.) for the purpose of providing a satellite digital audio radio  !k service ("SDARS"). AMRC's satellites will use the 70257075 MHz band to receive programming information and  !^ the 2332.52345.0 MHz band to transmit this information to subscribers. The earth station(s) will be authorized in  {O' ! a separate Order. See American Mobile Radio Corporation Application for Authority to Construct, Launch, and  {O' ! Operate Two Satellites in the Satellite Digital Audio Radio Service, File Nos. 72SATAMEND97, 10/11DSSP {Ot' !8 9312/15/92, 26/27DSSLA931/15/93, 83/84SATAMEND953/10/95, 72SATAMEND97, Order and  {O>'Authorization, DA 972210, released October 16, 1997.) with FSS use of the 67257025 MHz band segment constrained by footnote  !h792A. In addition, the 68757075 MHz band is allocated on a primary basis to the mobile  !_service. The 65256875 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  X14 !private radio service.+1 {Ot' ! ԍ See 47 C.F.R.  101.101, 101.147(l). The maximum allowable EIRP from fixed stations in the 67006875  {O>'MHz band is 55 dBW. See 47 C.F.R.  101.113. 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, studioto X 4 !transmitter links, etc.,  {O"' ! ԍ See 47 C.F.R. Part 74, Subpart F and 47 C.F.R.  78.18(a)(8). (In the CARS service, the 68757075 MHz  !& band is available for mobile use only.) In the 68757075 MHz band, BAS fixed stations are limited to 55 dBW  {O$' ! EIRP, and BAS and CARS mobile stations are limited to 35 dBW EIRP. See 47 C.F.R.  74.636, 78.101.  !k Television translator relay stations may also be authorized to use frequencies in the 68757075 MHz subband on  {O%'a secondary basis. See 47 C.F.R.  2.106, footnote NG118. Ĝ The 6525.06541.5 MHz band segment is listed as available for uplinks" ,,N(N(ZZ "  !from control centers to radiodetermination satellites in the rules for the Satellite Communications  X4Service.P- {Ob'ԍ See 47 C.F.R.  25.202(a)(2).P  X4 $ z20.WRC95 allocated the 67007075 MHz band to the fixedsatellite (spacetoEarth)  !service on a coprimary 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  Xv4 !MSS feeder links,.vZ yO ' ! ԍ WRC95 adopted this limitation because of the difficulty of codirectional sharing of frequencies between NGSO MSS feeder links and GSO FSS networks. is subject to coordination under No. S9.11A, and is not subject to S22.2./ v yO ' !g ԍ S22.2 (previously RR No. 2613) states that "Nongeostationary space stations shall cease or reduce to a  ! negligible level their emissions, and their associated earth stations shall not transmit to them, whenever there is  ! unacceptable interference to geostationarysatellite space systems in the fixedsatellite service operating in accordance with these Regulations."  !In particular, No. S9.11A states that feederlink emissions from a nongeostationary space station  XH4may not exceed the following limits at the Earth's surface:f0ZH {O' !< ԍ See WRC97 Final Acts, Resolution 46 (now renumbered as No. S9.11A), Annex 2 to Resolution 46  ! (Rev.WRC97), A2.2.1, entitled "Sharing between feeder links of the nongeostationary mobilesatellite service (spacetoEarth) and terrestrial services in the same frequency bands." f ^ ddx !ddx xb ^  z   }  "ziFrequency Band " X 4 Limit in dB(W/m2) for Angles of Arrival ( ) IAbove the Horizontal Plane  }"yReference xoBandwidth z  q   }=u  "] " X 4 j 00 ĩ 50 " X 450 ĩ 250 " X 4250 900  "&q q   _=u  67006825 MHzv_" ԩ137v_"jԩ137 + 0.5( 5)v_"9ԩ127v_"1 MHzq s    _@=u  68257075 MHz" ԩ154    and  ԩ134@"jԩ154 + 0.5( 5) and jԩ134 + 0.5( 5)@"9ԩ144 > and 9ԩ124@",4 kHz & 1 MHzs  v@  !ISecond, 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 6650-6675.2MHz band from harmful  X4interference.1  yO"' !* ԍ The radio astronomy service is a service involving radio astronomy. Radio astronomy is astronomy based  {O#'on the reception of radio waves of cosmic origin. See 47 C.F.R.  2.1.  X_4 $ 21.WRC95 also revised footnotes 792A and 809. Specifically, at WRC95, 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"1 1,N(N(ZZy"ԫ !numbered as S5.441) to specify the direction of transmission for those FSS allocations whose use  X4 !must be in accordance with Appendix S30B (previously Appendix 30B).2  yOb' !k ԍ WRC97 further revised footnote S5.441 in order to specify that use of the 10.70-10.95GHz (spacetoEarth),  ! 11.20-11.45 GHz (spacetoEarth), and 12.75-13.25 GHz (Earthtospace) bands by NGSO satellite systems in the  ! fixedsatellite service would be governed by Resolution COM518. (GSO use of these bands will continue to be governed by Appendix S30B.)  Footnote 809 (re !numbered as S5.458) was modified to state that administrations should bear in mind the needs  !"of the Earth explorationsatellite (passive) and space research (passive) services in their future planning of the 70757250 MHz band, as well as the 6425-7025 MHz band.  Xv4 $ 22.Proposal. We observe that the 1995 Conference Preparatory Meeting ("CPM95")  !Report indicated that studies have shown that bidirectional spectrum sharing between  !geostationary fixedsatellite service and nongeostationary mobilesatellite service feeder link  !networks is technically feasible given careful site selection and antenna sizing, and depending  X 4 !on the number of gateway earth stations.*3  {O}' ! ԍ See Preparation for International Telecommunication Union World Radio Communication Conferences, IC  {OG'Docket No. 9431, Report, 10 FCC Rcd 12783 (1995) ("WRC95 Preparation Report"), at Section C, p. 6.* At WRC95, we proposed the 67007025 MHz band  !as a "reverse band" candidate. We made this proposal because the numerous restrictions on the  !GSO FSS uplink allotment plan for the 67257025 MHz band have resulted in only light use of  X 4 !_this band throughout the world, including the United States.4  {O' !H ԍ Appendix 30B was adopted at the World Administrative Conference on the Use of the GeostationarySatellite  {O^' ! Orbit and the Planning of Space Services Utilizing It, First Session, Geneva, 1985; Second Session, Geneva, 1988.  ! Specific to this proceeding, the United States has access to the 67257025 MHz band (uplink) and the 45004800  ! MHz band (downlink) at a nominal orbital position of 101 degrees West Longitude. It was intended that these  {O' ! bands would be implemented as part of a multibeam network, operating from a single orbital location. See ITU  {O'Radio Regulations, Appendix 30B, Article 10. Therefore, we believe that the  !67007075 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  X4 !two.(5`   yO' !& ԍ For instance, two of the feeder links could be left hand circularly polarized and two could be right hand  !c circularly polarized. With GSO FSS uplinks and NGSO MSS feeder downlinks sharing the same spectrum,  ! coordination is between GSO FSS earth stations (transmit) and NGSO MSS gateway earth stations (receive) and  !o between GSO FSS space stations (receive) and NGSO MSS space stations (transmit). We observe that Constellation  !* (68757025 MHz), Globalstar (68757075 MHz), and MCHI (68757075 MHz) are all currently licensed in the upper  ! portion of the 67007075 MHz band. It is unclear whether more than two MSS systems could use the same  ! frequencies for codirectional feederlink transmissions without causing mutual interference. Computer simulation  !; studies conducted in preparation for WRC95 indicated that two NGSO MSS systems could feasibly share spectrum  ! for codirectional feederlink transmission, but insufficient data was available to support sharing between three or  ! more systems. We therefore conditioned Constellation's and MCHI's licenses: before commencing operation  !D Constellation and MCHI must each demonstrate that it can feasibly share this spectrum with all other persons or organizations with full or conditional authority to use any part of it for feederlink transmission in the United States. ( Accordingly, we propose to allocate the 67007075 MHz band to the nonGovernment" 5,N(N(ZZEy"  X4 !fixedsatellite (spacetoEarth) service on a coprimary basis;6 yOy' ! ԍ As previously noted, our license grants for L/Q, MCHI, and Constellation are subject to the outcome of this allocation proceeding. 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  !68757075 MHz band; and to add the 67007075 MHz band (spacetoEarth) to the list of FSS  X4 !frequency bands available in the Satellite Communications Service.7  yOu' !t ԍ The administrative aspects of the coordination process can be found in 47 C.F.R.  25.203, 25.251. The technical aspects of the coordination process are set forth in 47 C.F.R.  25.252256.  In addition, we propose  X4 !}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  Xa4 !+the 66506675.2 MHz band from harmful interference.[8ax {O 'ԍ See Appendix A, Section 2.106, note S5.149.[ Finally, we propose to replace the  !Domestic Public Fixed Service (Part 21) and Private OperationalFixed 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 68757075 MHz  !Rband in the Table of Frequency Allocations; and to add an existing Part 2 requirement to the  X 4 !<rules for the Amateur Radio Service.9   yO' ! ԍ Specifically, we propose to add the following sentence to the frequency sharing requirements listed in  ! paragraph 97.303(m)(4): In the 5.6505.925 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. We request comment on all of the above proposals. In  !Vparticular, 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  !Vauxiliary 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  !yassumption, on how many gateways overall are likely to use this band, whether technological  Xd4 !advances are likely to significantly increase the number of gateways,q:d  yO'ԍ Currently, gateways tend to cost in excess of one million dollars each.q and where these gateways  XM4 !are likely to be geographically located, especially whether they will likely be located in rural  !lareas, 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. " :,N(N(ZZXy"  X4 $ `23.15.415.7GHzBand. Prior to WRC95, the 15.415.7 GHz band was allocated to  X4 !ythe aeronautical radionavigation service on a primary basis worldwide.;$ yOb' ! ԍ We note that S4.10 (previously No. 953) applies. It states: "Members recognize that the safety aspects of  !< radionavigation and other safety programs require special measures to ensure their freedom from harmful  {O' !b interference; it is necessary therefore to take this factor into account in the assignment and use of frequencies." See  {O'ITU Radio Regulations, Article 9, p. RR91. This band was also  X4 !allocated to the aeronautical mobilesatellite (R) service on a primary basis worldwide.<$ {O7' ! ԍ See 47 C.F.R.  2.106, footnote 733 (making the allocation, but subjecting this use to the procedures set forth  {O ' !* in Article 14 of the Radio Regulations). See also ITU Radio Regulations, Article 14: "Supplementary Procedure  !Q to Be Applied in Cases Where a Footnote in the Table of Frequency Allocations Requires an Agreement with an Administration." In  !"addition, this band was allocated to the fixedsatellite and intersatellite services, for connection  !3between 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  Xv4mobile (R) service.=v {O' ! ԍ See 47 C.F.R.  2.106, footnote 797 (making the allocation, but subjecting this use to the procedures set forth in Article 14).  XH4 $ J24.In the United States, the 15.415.7 GHz band is Government/nonGovernment shared  !spectrum, and the aeronautical radionavigation allocation and international footnotes discussed  !Nor referenced above have been adopted by both NTIA and the Commission. In addition,  !aeronautical mobile communications, which are an integral part of aeronautical radionavigation  X 4 !systems, may also be satisfied in the 15.4-15.7 GHz band.Y>  {O'ԍ See 47 C.F.R.  2.106, footnote US260.Y According to footnote US211,  !lapplicants for airborne or space station assignments are urged to take all practicable steps to  X 4 !protect radio astronomy observations in the adjacent bands from harmful interference.?   yO' ! ԍ In addition, footnote US211 states that footnote US74 applies. In turn, footnote US74 states that the radio  !k astronomy service in 15.3515.40 GHz band will be protected from extraband radiation only to the extent that such  !k radiation exceeds the level which would be present if the offending station were operating in compliance with the technical standards or criteria applicable to the service in which it operates.  The  X 415.415.7 GHz band is listed among the frequencies available in the Aviation Services.@ t {O' !E ԍ See 47 C.F.R.  87.173(b). The class of station for this band is RL, which is radionavigation land  {O '(unspecified). See 47 C.F.R.  87.171.   Xy4 $ X25.There is fairly extensive use of the 15.415.7 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"K@,N(N(ZZQy"  X4 !3system ("RSMS")A  yOy' !t ԍ RSMS technology at 15 GHz is particularly suited to smaller aircraft, including helicopters. RSMS offers  !7 the benefits of compact, light, equipment with good antenna directivity and more than adequate performance for  ! many operational radionavigation applications which are not practicable at lower frequencies due to propagation or other reasons. RSMS is essentially used in low level operations up to a nominal height of around 1500 meters.  operate throughout the 15.415.7 GHz band. In addition, surface based radars  X4("SBR")B@ yOJ' ! ԍ Land and shipbased SBRs are used for the detection, location and movement of aircraft and other vehicles  ! on the surface of airports and other aircraft landing areas. The lowest center frequency used by SBRs is 15.65 GHz  ! and this equipment transmits a 25 megahertz 3.5 dB bandwidth pulse, which means that the lowest SBR frequency  ! is 15.6375 GHz. Thus SBR operations which can only tolerate a very low PFD value from FSS transmissions  ! would in certain instances overlap the NGSO MSS feeder uplink allocation at 15.4515.65 GHz. By shifting this  ! feeder uplink band to 15.4315.63 GHz (discussed in  3132 of the text), there is at least a 75 megahertz guard  !g band between the two systems. As a side effect of this shift, RSMS operations would also receive additional  yO 'protection.  operate in the 15.637516.7125 GHz band.  X4 $ 26.WRC95 allocated the 15.415.7 GHz band to the fixedsatellite (spacetoEarth)  X4 !service on a primary basis worldwide and this allocation is constrained by footnote S5.511A.>CX  yO ' ! ԍ The power flux-density limits and coordination threshold in footnote S5.511A will apply, subject to review  !  by ITU-R and based on the studies referred to in Resolution116, until changed by a future competent world radiocommunication conference.>  !/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, emissionsfrom a non !8geostationary space station are limited to a power fluxdensity limit at the Earth's surface of  XH4 !146dBW/m2/MHz ("146dB") in the 15.40-15.45GHz and 15.6515.70GHz band segments  X14 !/for all angles of arrivalD1 yO' ! ԍ These limits relate to the power flux-density which would be obtained under assumed freespace propagation  !. conditions. We note that calculations based on the characteristics of ARNS systems operating in the 15.415.7 GHz  ! band with an interference threshold of 10% of ARNS system noise have confirmed that the maximum PFD value  yO' ! in S5.511A of 146 dB (W/m2/MHz) at the Earth's surface is necessary for the protection of SBR systems at angles  yO' ! of arrival below 5 degrees while the maximum value in S5.511A of 111 dB(W/m2/MHz) is necessary for the protection of ALS systems at all angles of arrival.  and these emissions must not interfere with radio astronomy reception  X 4 !in the 15.3515.40GHz band segment.E P yO' !. ԍ The threshold levels of interference and associated power flux-density limits which are detrimental to the radio astronomy service are given in Recommendation ITU-RRA.769. In addition, footnote S5.511A permits emissionsfrom  X 4 !8a nongeostationary space station to produce a power fluxdensity of 111dB at the Earth's  X 4 !surface in the 15.4515.65GHz band segment for all angles of arrival,F  yOE#' ! ԍ These limits relate to the power flux-density which would be obtained under assumed freespace propagation  !. conditions. We note that calculations with an interference threshold of 10% of ARNS system noise have confirmed  yO$' !c that the maximum PFD value in S5.511A of 146 dB (W/m2/MHz) at the Earth's surface is necessary for the  ! protection of SBR systems at angles of arrival below 5 degrees while the maximum value in S5.511A of 111  yOe&'dB(W/m2/MHz) is necessary for the protection of ALS systems at all angles of arrival.  but requires that any  X 4planned PFD that exceeds 146dB be coordinated with the affected administrations. " XF,N(N(ZZJ y"Ԍ X4 $ `ԙ27.Footnote S5.511C states that the band 15.4515.65 GHz is additionally allocated to  !the fixedsatellite service (Earthtospace) 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)  !ustations in the fixed-satellite service shall not cause harmful interference to stations in the aeronautical radionavigation service (No. 953/S4.10 applies).  XH4 $ 28.In order to implement the above FSS allocations, WRC95 deleted reference to the  X14 !15.415.7 GHz band from footnote 733, suppressed footnote 797,RG1 yO ' ! ԍ Footnote 797 reads as follows: The bands 5000-5250 MHz and 15.4-15.7 GHz are also allocated to the  ! fixed-satellite service and the inter-satellite service, 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. Such use shall be subject to agreement obtained under the procedure set forth in Article 14.R and added footnote S5.511B, which states that aircraft stations are not permitted to transmit in the 15.45-15.65 GHz band.  X 4 $ `29.In addition, WRC95 adopted Resolutions 116 and 117, which called for studies by  ! the ITUR 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 15.4515.65 GHz  !+band, respectively. These studies have been completed, and in response to these studies, at  X4 !WRC97 the United States proposed significant changes for the 15.415.7 GHz band.HZx {O' ! ԍ See United States Proposals for the Work of the [1997] Conference, Document USWRC97.10E, "Issues  ! Concerning Existing and Possible Additional Frequency Allocations For Feeder Links in the 15.415.7 GHz Band And Regulatory Aspects As Related To The MobileSatellite Services (JPDP 38)," at pp. 8993.  !Specifically, the United States proposed to delete the FSS downlink allocations in the 15.4015.43  !GHz and 15.6315.70 GHz segments and to revise the PFD limits in the remaining segment  XK4 !(15.4315.63GHz) from 111 dB to 127 dB depending on the angle of arrival.IZK yO' ! ԍ As previously noted, WRC95 had adopted two PFD limits for the NGSO MSS downlink band at 15.415.7  ! GHz: a more stringent 146 dB limit in the 15.4015.45 GHz and 15.6515.70 GHz segments and a more lenient  {O&'111 dB limit in the 15.4515.65 GHz segment. See  26, supra. The United  X44 !/States made this proposal in order to protect surface based radars from harmful interference.[J4  yO'ԍ These radars operate at 15.65 GHz + 10 MHz.[  X4 !These radars can tolerate only a low PFD of 146 dBW emitted from the proposed NGSO MSS  X4 !8feeder downlinks.KL  yO#' ! ԍ This proposal would provide a 10 megahertz guard band between highest frequency in the feeder uplink band (15.63 GHz) and the lowest surface based radar frequency (15.64 GHz). The United States proposed to delete the NGSO MSS feeder downlink  !allocations in the 15.4015.43 GHz and 15.6315.70 GHz band segments because we believed that  X4 !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 15.4015.43 GHz would create a thirty megahertz guardband that would protect "K,N(N(ZZ5y"  !radio astronomy and passive sensor use of the 15.3515.40 GHz band from downlink outofband  !4emissions. 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 15.4515.65 GHz segment and seriously constrain the design and operation of other practical aeronautical radionavigation systems.  Xv4 $ J30.WRC97 adopted the United States proposals for the 15.415.7 GHz band with minor  !changes. Specifically, WRC97 reduced the NGSO MSS feeder downlink allocation to 200  !megahertz of spectrum at 15.4315.63 GHz, shifted the corresponding uplink allocation into the same 15.4315.63 GHz band, and revised footnote S5.511A to read as follows:  XUse of the band 15.4315.63 GHz by the fixed-satellite service (spacetoEarth)  (see Resolution COM58 (WRC97)) and (Earthtospace) is limited to feeder links  zof non-geostationary systems in the mobile-satellite service, subject to coordination  under Resolution 46 (Rev. WRC97)/No. S9.11A. In the spacetoEarth 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  ITUR S.1341. Also in the spacetoEarth direction, harmful interference shall not  be caused to stations of the radio astronomy service using the band 15.35 S15.4GHz. The threshold levels of interference and associated power flux-density  limits which are detrimental to the radio astronomy service are given in  Recommendation ITU-RRA.7691. Special measures will need to be employed  X4to protect the radio astronomy service in the band 15.3515.4 GHz.ZLD {Oh' ! ԍ See Appendix A. We note that "above about 40 MHz sharing may be practicable with services in which the  !H transmitters are not in direct lineofsight of the observatories, but coordination may be necessary, particularly if the  {O' !8 transmitters are of high power." See Recommendation ITUR RA.7691: "Protection Criteria Used for  ! Radioastronomical Measurements," recommends 4. Table 1 of this document specifies the threshold levels of  yO' ! interference detrimental to radioastronomy continuum observations: for the center frequency 15.375 + 25 MHz, the  yOT' ! PFD limit for geostationary satellites is 156 dB(W/m2); no value is listed for NGSO MSS feeder uplinks. In  ! addition, Table 4 specifies that the threshold interference levels for Very Long Baseline Interferometry ("VLBI")  yO'observations using center frequency 15.375 GHz is 187 dB(W/m2  Hz). Z   X4  !In addition, WRC97 limited the permissible PFD at the Earth's surface produced by space  !stations transmitting in the 15.4315.63 GHz band, for all conditions and for all methods of  X4modulation, to the following values:Mz {O"' !k ԍ See WRC97 Final Acts, Annex 2 to Resolution 46 (Rev.WRC97), A2.2.1. We note that the adoption of the  !@ maximum PFD values listed in A2.2.1 makes coordination of satellite emissions with receiving ARNS stations  ! unnecessary. In addition, Recommendation ITUR S.1341 recommends that surface based radars be precluded from  !. operating in the 15.4315.63 GHz band segment; that the coordination threshold distances required to protect ARNS  ! stations from feeder downlink emissions be established as 150 kilometers from the ground segment for aircraft  ! landing systems and as 600 kilometers for aircraft using general purpose radars; that feeder downlink earth stations  ! limit their operations to angles of at least 5 degrees above the local horizontal plane; and that, for all conditions and"&L,N(N(&"  !H all methods of modulation, feeder downlink emissions take into account the threshold levels for the radio astronomy  {OX'service set forth in ITUR RA.7691 for the 15.3515.40 GHz band. See Recommendation ITUR S.1341. ""M,N(N(ZZvy"Ԍ Y !ddx xb  Addx Y s v u " X4Limit in dB(W/m2) for Angle of Arrival ( ) Above the Horizontal PlaneN"5 yO{' ! ԍ The limit relates to the PFD which would be obtained under assumed freespace propagation conditions and with a one megahertz reference bandwidth. q  _u " Angle_",PFD Limit q q  _u " X4  020os  127 q q  u " X4 2025o  X4 127 + 0.56 (  20)2 q q s u " Xl4 2529oU  113 q q  u " X4 29ĩ31o  136.9 + 25 log (  20)q  U u " XN 4 3190og   111   WRC97 also suppressed footnote S5.511B and to revised footnote S5.511C to read as follows:  X" 4 XStations operating in the aeronautical radionavigation service shall limit the   effective e.i.r.p. in accordance with Recommendation ITUR S.1340. The  minimum coordination distances required to protect aeronautical radionavigation  stations (No. S4.10 applies) from harmful interference from feederlink earth  stations and the maximum e.i.r.p. transmitted toward the local horizontal plane by  a feederlink earth station shall be in accordance with Recommendation ITUR S.1340.   !ZRecommendation ITUR S.1340 recommends that the effective EIRP of ARNS stations be limited  XS4 !to elevationspecific values; O Sz yO~' !Q ԍ Specifically, Recommendation ITUR S.1340 recommends that ARNS emissions expressed as effective EIRP should not exceed the following: J Addx !ddx<< J  p _u "CFor Aircraft Landing Systems and for FeederLink Bandwidths Greater Than Three Megahertzp  _u   yO [ Effective EIRP (Eeff)!y"Angles of Departure Above the Local Horizontal 3DPlane (x) P F  _u   53 dBW#E# yO"'Z{0o < x < 8o P P ^" __u   53 0.833 (x8) dBW$E# yO6$'W`8o < x < 14o P P # __u   48 dBWN&E# yO%'Q 14o < x < 32o P P $ __u   48 9 (x 32) dBW'E# yO&'Q 32o < x < 34o "&N,N(N(&e&"P P N& __u   30 dBWE# yO'Q 34o < x < 40o P   _u   30 0.2 (x 20) dBW`l# yOh'Q 40o < x < 90o   J !ddx<< Addx(<< J  p _u "sFor General Purpose Aircraft Radars and for FeederLink Bandwidths Greater Than One Megahertz p ( _u   yO ' Effective EIRP E"Angles of Departure Above the Local Horizontal ;Plane P  _u   62 dBW E# yO8 'W`0o < x < 20o P P  __u   yO ' 62 0.56 (x 20)2  dBWP _# yO 'Q 20o < x < 25o P P   __u   48 dBW E# yO 'Q 25o < x < 29o P P P  __u   71.86 25 log (x 20) dBW E# yO( 'Q 29o < x < 68o P    _u   29.8 dBWpl# yOx'Q 68o < x < 90o     yO8[ !x X hp x (#%'0*,.8135@8:direction shall not cause harmful interference to stations in the aeronautical radionavigation service (No. S4.10 applies).   X14 $ 32.Proposal. In preparation for WRC97, the Commission, the WRC97 Advisory  !Committee, and NTIA assisted the ITU in the development of the necessary technical constraints  !pthat would allow FSS uplinks and downlinks to coexist with incumbent services in the 15.415.7  !GHz band. WRC97 adopted the United States proposals for the 15.415.7 GHz band. We now  !propose to implement these WRC97 changes domestically. Specifically, we propose to allocate  !the 15.4315.63 GHz band to the fixedsatellite service for both uplink and downlink  X 4 !Itransmissions and to adopt international footnotes S5.511A and S5.511C domestically. We also  !/propose to delete reference to footnotes 733 and 797 from the 15.415.7 GHz band entry in the  !0Table of Frequency Allocations, to add a cross reference to the rules for the Satellite  !Communications Service into the 15.4315.63 GHz band entry, and to add both the FSS uplink  !Vand downlink allocations to the list of frequency bands available in the Satellite Communications  X64Service.Q 6 yO' !D ԍ As noted in footnote 18, we recently granted MCHI a space segment license to employ the 15.4515.65 GHz  !k band for feeder uplink reception as part if its ELLIPSO Big LEO system. (MCHI's gateway earth stations have not  !x yet been authorized to transmit in the 15.4515.65 GHz band.) We granted MCHI's license with a proviso that the authorization will be subject to any pertinent frequency shift of this feeder uplink band that is adopted at WRC97.  We request comment on these proposals. pp"6Q,N(N(ZZ "  X4B. BigLEOServiceLinkCoordination  X4 $  33.During our preparation for WRC95, we stated that technical constraints that could  !hinder implementation of the Big LEO service had been identified in that proceeding and in the  X4 !cITUR process.fR {O'ԍ  See WRC95 Preparation Report at  2768.f Accordingly, we proposed that WRC95 remove several of these constraints  !from the Big LEO service link spectrum. WRC95 generally adopted our proposals, and we are  Xv4now proposing to implement domestically these WRC95 changes.   XH4 $ q!34.Uplinks. Big LEO systems are authorized to use the 16101626.5 MHz band for their  X14 !'service uplinks.S 1Z yO< ' ! ԍ The 16101626.5 MHz band is allocated to the ARNS (and to aeronautical mobile communications that are  !* an integral part of ARNS), the aeronautical mobilesatellite (R) service (by footnote 733), the radiodetermination !U satellite (Earthtospace) service, and the mobilesatellite (Earthtospace) service on a coprimary basis. The 1610.61613.8 MHz band is additionally allocated to the radio astronomy service on a primary basis.  In our WRC95 preparation, we proposed to modify footnote 731E by  !specifying a "peak" power density limit in those parts of the 16101626.5 MHz band which are  X 4 !used by systems operating in accordance with footnote 732,TX B yO' !@ ԍ Footnote 732 states that: "The band 16101626.5 MHz is reserved on a worldwide basis for the use and  !| development of airborne electronic aids to air navigation and any directly associated groundbased or satelliteborne facilities. Such satellite use is subject to agreement obtained under the procedure set forth in Article 14." and by specifying a "mean" power  X 4 !+density in the part of the band where no such systems are operating.U b  yO' ! ԍ Peak power density is the maximum instantaneous power density occurring when power is transmitted. Mean power density is the instantaneous power density integrated over a source repetition period. We also stated that  X 4 !linterference protection under RR No. 953IV  {O@'ԍ See note 59, supra.I should be sufficient and accordingly proposed to  !8delete the language specifying additional protection of nonMSS services in the 16101626.5 MHz band.  Xy4 $ ~"35.WRC95 adopted our proposal for RR 731E (renumbered as S5.364), except that the  Xb4 !cadditional protection of nonMSS services was not deleted.WbL  yO_' ! ԍ WRC95 adopted peak and mean EIRP densities. This merely clarifies that the peak and mean power density that we proposed at WRC95 are referenced to an isotropic antenna. In addition, international footnotes  !l722, 731F, 732, 733, 733A, 733E, and 734, which have previously been adopted domestically,  X44 !were renumbered as S5.341, S5.365, S5.366, S5.367, S5.368, S5.372, and S5.149,X4 yO#'ԍ International footnote S5.149 was formed by merging various footnotes, including 734. 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"4X,N(N(ZZ "  X4 !prevision to footnote US319 was inadvertently not published in the Code of Federal RegulationszY\ {Oy' !x ԍ See Appendix A, footnote US319. In the Big LEO Allocation Report and Order, Government MSS stations  ! in the 16101626.5 MHz and 2483.52500 MHz bands were limited to earth stations operating with nonGovernment  {O 'space stations. See note 9, supra, p. 552. z  !and that footnote S5.368 (previously 733A) was inadvertently not added to the 1613.81626.5  X4MHz band.5Z {Oo' !D ԍ Footnote 733A was added to the 16101613.8 MHz band in the Big LEO Allocation Report and Order.  See  {O9' !Q note 9, supra, at  26 and Appendix B. The effect of this footnote is that radiodeterminationsatellite and mobile ! satellite systems in the 16101626.5 MHz band are not required to be designed to take "special measures" to ensure  ! that aeronautical radionavigation and other safety services operating in the 16101626.5 MHz band are free from  {O ' !D harmful interference. In the WRC95 Final Acts, footnote 733A was renumbered as S5.368 and the phrase "with the exception of the aeronautical radionavigationsatellite service" was added. 5 We therefore take this opportunity to correctthese oversights.  X4 $  #36.Downlinks. Big LEO systems are authorized to use the 2483.52500 MHz band for  X4 !<their service downlinks.#[j  yO' ! ԍ The 2483.52500 MHz band is allocated to the radiodeterminationsatellite (spacetoEarth) service and to the  !U mobilesatellite (spacetoEarth) service on a coprimary basis and to the radiolocation service on a secondary basis.  !3 The frequency 2450 MHz is allocated for use by Industrial, Scientific, and Medical ("ISM") equipment with a  {O' ! tolerance of + 50 MHz. See 47 C.F.R.  2.106, footnote 752 (renumbered as S5.150), and  18.301. In addition,  !o grandfathered broadcast auxiliary and private radio stations operate in the 2483.52500 MHz band on a primary basis.  {O'See 47 C.F.R.  2.106, footnote NG147. # In our preparation for WRC95, we expressed concern that footnote  !A753F references PFD limits in RR No. 2566 that may be too stringent and could result in  !lunnecessary coordination. We also proposed to add cautionary language in footnote 753F to  !protect radio astronomy in the 49905000 MHz band and declined to propose to suppress footnote 733E.  X 4 $ $37.Footnote 753F states that coordination, in this band, of space stations of the mobile !satellite and radiodeterminationsatellite 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  X 4 !No. 2566.X\  {OU'ԍ See 47 C.F.R.  2.106, footnote 753F.X WRC95 renumbered footnote 753F as S5.402 and modified it to provide a more  !lenient coordination threshold standard than the current requirement and this new coordination  X4 !/threshold standard is incorporated in Resolution 46/No. S9.11A. ]&x {O ' ! ԍ See Interim Procedures for the Coordination and Notification of Frequency Assignments of Satellite Networks  {O!' !; in Certain Space Services and Other Services to Which certain Bands are Allocated, Resolution 46 (Rev.WRC95),  {OM"' ! WRC95 Final Acts, pp. 620667. See also Annex 2 to Resolution 46 at A2.1.2.3.1. The threshold values are obtained under assumed freespace propagation conditions.  WRC97 further revised the"f],N(N(ZZl "  X4 !interim procedures in Resolution 46.^Z {Oy' !7 ԍ See WRC97 Final Acts, Resolution 46 (Rev.WRC97), Annex 2 to Resolution 46 (Rev.WRC97), A2.1.2.3.1,  ! entitled "Method for the determination of the need for coordination between mobilesatellite service space stations (spacetoEarth) and other terrestrial services sharing the same frequency band in the 1 to 3 GHz range."  The table below contrasts the new and old coordination standards: T Addx addxa  T     u " XL4h PFD Limit in any 4 kHz (dBW/m2)  5  Angles of Arrival ( )    !u " New Coordination Standard_ Old Coordination  X4Standardu_( {O* 'ԍ  See ITU Radio Regulations, Edition of 1990, Revised in 1994, at 2566.u   Z 5 <!u_  Geostationary space stations1 < Nongeostationary space stations1 < 1 < Z   <y!u_  ܩ146 y ܩ144 y ܩ152  y  X 40o <  < 5o q 1  y_u_   XJ 4ԩ128 in 1 MHz3 _  XJ 4ԩ126 in 1 MHz3 _  3 _ q    _yu_  ܩ146 + 0.5( 5) y ܩ144 + 0.65( 5) y ܩ152 + 0.5( 5)  y  X 45o <  < 25o q 3  y_u_   XL4ԩ128 + 0.5( 5) in 1 MHz5_  XL4ԩ126 + 0.65( 5) in 1 MHz5_  5_ q    _yu_  ܩ136y ܩ131y ܩ142 y  X425o <  < 90o  5 yu_   XN4ԩ118 in 1 MHzg  XN4ԩ113 in 1 MHzg  g    !cWe 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  X4 !services may be reviewed at a future conference.X`| {O!'ԍ See Resolution 46, A2.1.2.3.1, note 4. X Nonetheless, we believe that the new  !coordination threshold will adequately protect incumbent terrestrial services, while significantly  !8increasing the usefulness of the 2483.52500 MHz band for Big LEO service downlinks. In  !addition, international footnotes 752 and 753A, which have previously been adopted domestically,  !"were renumbered as S5.150 and S5.398, respectively. Accordingly, we propose to update the  !VUnited States table by adopting these international footnotes domestically. We invite comments"`,N(N(ZZ"  X4 !on these proposals.a yOy' ! ԍ We also observe that at WRC97 C=te d'Ivoire and Senegal were removed from the list of countries in footnote S5.400. Finally, we observe that a recent revision to footnote NG147 was  X4 !inadvertently not published in the Code of Federal Regulations,b$  {O' ! ԍ See Appendix A, footnote NG147. In the Big LEO Allocation Report and Order, grandfathered broadcast  ! auxiliary and private radio stations were permitted to continue to operate in the 2483.52500 MHz band on a primary  {OL' ! basis with the mobilesatellite service, in addition to the radiodeterminationsatellite service. See note 9, supra, p. 552.  and we therefore take this opportunity to correct this oversight.  X4  X'X  IV. PROCEDURAL INFORMATION Đc  X_4 $ %38.InitialRegulatoryFlexibilityCertification. The Regulatory Flexibility Act requires  !that a regulatory flexibility analysis be prepared for notice and comment rulemaking proceedings,  !lunless 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  X 4 !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  X 4 !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,  X}4 !yReference 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.  X:4 $ S &39.ExParteRulesPermitButDiscloseProceedings. This is a permitbutdisclose  X#4 ! notice and comment rule making proceeding. Exparte presentations are permitted, except during  !pany Sunshine Agenda period, provided they are disclosed as provided in the Commission's rules.  X4Seegenerally 47 C.F.R. Sections 1.1202(a), 1.1203, and 1.1206.  X4 $  '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).   Xo4 $ i(41.Comment. Pursuant to Sections 1.415 and 1.419 of the Commission's rules, 47  XX4 !8C.F.R.  1.415, 1.419, interested parties may file comments by [30 days from date of  XA4 ! publication in the Federal Register] , and reply comments by [45 days from date of  X*4 !cpublication in the Federal Register] . Comments may be filed using the Commission's  X4 !Electronic Comment Filing System ("ECFS") or by filing paper copies. See Electronic Filing  X4of Documents in Rulemaking Proceedings, 63 Fed. Reg. 24,121 (1998). " b,N(N(ZZ"Ԍ X4 $ )42.Comments filed through the ECFS can be sent as an electronic file via the Internet  X4 !/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  !Vrulemaking number. Parties may also submit an electronic comment by Internet email. To get  !filing instructions for email comments, commenters should send an email 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.  X 4 $ *43.Parties who choose to file by paper must file an original and four copies of all  !Vcomments, 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  !0more 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.  X44 $ +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.  X4 $ e,45.AdditionalInformation. For further information concerning this rule making  !proceeding contact Tom Mooring at (202)4182450, internet: tmooring@fcc.gov, Office of Engineering and Technology, Federal Communications Commission, Washington, DC 20554.  X|4  ,hh]FEDERAL COMMUNICATIONS COMMISSION  X 4 ,hh]Magalie Roman Salas  X4 ,hh]Secretary "b,N(N(ZZZ"  X'   XHX 9 Appendix A: Proposed Rules Đc  X4 #|\  P6G;3P# #Xj\  P6G;XP#  !}Parts 2, 25 and 97 of title 47 of the Code of Federal Regulations are proposed to be amended as  X4follows: X hp x (#%'0*,.8135@8:   #I2PG; ԐP## |M2PkC ԐP# m addxa  <<<xf~lxl m (    ( &=u_& "I International table"v\United States table"dx'FCC use designators&   & &l=u_& "lRegion 1 allocation cMHzl" Region 2 allocation - MHzl"URegion 3 allocation LMHzl"8Governmentl"NonGovernmentl"H&Rule part(s)l"+Specialuse +frequencies(   ( &ll=u_& " (1)_"2c -(2)_" n (3)_"6Allocation MHz B (4)"l"Allocation MHz k!(5)"l"X.( S'(6)"l"&- ,(7)(   ( &l=u_& "*"0I*"*"E@*"!*"V(*" -*&  `   "& & =u_&  1610!1610.6 MOBILESATELLITE (Earthtospace) AERONAUTICAL RADIONAVIGATION S5.341 S5.355 S5.359 S5.363 S5.364 S5.366 S5.367 S5.368 S5.369 S5.371 S5.372 t  1610!1610.6 MOBILESATELLITE (Earthtospace) AERONAUTICAL RADIONAVIGATION RADIODETERMINA TIONSATELLITE (Earthtospace) S5.341 S5.364 S5.366 S5.367 S5.368 S5.370 S5.372 t  1610!1610.6 MOBILESATELLITE (Earthtospace) AERONAUTICAL RADIONAVIGATION Radiodetermination Satellite   (Earthto space) S5.341 S5.355 S5.359 S5.364 S5.366 S5.367 S5.368 S5.369 S5.372t  1610 ! 1610.6 F F 2AERONAUTICAL RADIONAVIGATION US260 RADIODETERMINA TIONSATELLITE (Earthtospace) MOBILESATELLITE (Earthtospace) US319 S5.341 S5.364 S5.366 S5.367 S5.368 S5.372 US208 t  1610 ! 1610.6 F 2F 2AERONAUTICAL RADIONAVIGATION US260 RADIODETERMINA TIONSATELLITE (Earthtospace) MOBILESATELLITE (Earthtospace) US319 S5.341 S5.364 S5.366 S5.367 S5.368 S5.372 US208 t   AVIATION (87) SATELLITE COMMUNI CATIONS (25) t "&- &-&`      & & =u_&  1610.6!1613.8 MOBILESATELLITE (Earthtospace) 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 MOBILESATELLITEWW (Earthtospace) RADIO ASTRONOMY AERONAUTICAL RADIONAVIGATION RADIODETERMIN ATIONSATELLITE (Earthtospace) S5.149 S5.341 S5.364 S5.366 S5.367 S5.368 S5.370 S5.372 1610.6!1613.8 MOBILESATELLITE (Earthtospace) RADIO ASTRONOMY AERONAUTICAL RADIONAVIGATION Radiodetermination Satellite (Earthto 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 TIONSATELLITE (Earthtospace) MOBILESATELLITE (Earthtospace) 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 TIONSATELLITE (Earthtospace) MOBILESATELLITE (Earthtospace) US319 RADIO ASTRONOMY S5.149 S5.341 S5.364 S5.366 S5.367 S5.368 S5.372 US208   AVIATION (87) SATELLITE COMMUNI CATIONS (25) "bx "&    t& &=u_& "I International table"v\United States table"dx'FCC use designators&   & &l=u_& "lRegion 1 allocation cMHzl" Region 2 allocation - MHzl"URegion 3 allocation LMHzl"8Governmentl"NonGovernmentl"H&Rule part(s)l"+Specialuse +frequencies(   ( &ll=u_& " (1)_"2c -(2)_" n (3)_"6Allocation MHz B (4)"l"Allocation MHz k!(5)"l"X.( S'(6)"l"&- ,(7)(    ( &l> =u_&  1613.8!1626.5 MOBILESATELLITE (Earthtospace) AERONAUTICAL RADIONAVIGATION MobileSatellite (spacetoEarth) FFp 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 MOBILESATELLITEWW (Earthtospace) AERONAUTICAL RADIONAVIGATION RADIODETERMIN ATIONSATELLITE (Earthtospace) MobileSatellite (spacetoEarth) S5.341 S5.364 S5.365 S5.366 S5.367 S5.368 S5.370 S5.372> 1613.8!1626.5 MOBILESATELLITE (Earthtospace) AERONAUTICAL  RADIONAVIGATION MobileSatellite (spacetoEarth) Radiodetermination Satellite (Earthto 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 TIONSATELLITE (Earthtospace) MOBILESATELLITE (Earthtospace) US319 MobileSatellite (spacetoEarth) S5.341 S5.364 S5.365 S5.366 S5.367 S5.368 S5.372 US208 > 1613.8 ! 1626.5 AERONAUTICAL RADIONAVIGATION US260 RADIODETERMINA TIONSATELLITE (Earthtospace) MOBILESATELLITE (Earthtospace) US319 MobileSatellite (spacetoEarth) S5.341 S5.364 S5.365 S5.366 S5.367 S5.368 S5.372 US208 >  AVIATION (87) SATELLITE COMMUNI CATIONS (25) > &     "& &> =u_& "*"0I*"*"E@*"!*"V(*" -*&  $  & &=u_&  2483.5!2500 FIXED MOBILE MOBILESATELLITE (spacetoEarth) Radiolocation S5.150 S5.371 S5.397 S5.398 S5.399 S5.400 S5.402 2483.5!2500 FIXED MOBILE MOBILESATELLITE (spacetoEarth) RADIOLOCATION RADIODETERMINA TIONSATELLITE (spacetoEarth) S5.398 S5.150 S5.402 2483.5!2500 LFIXED LMOBILE MOBILESATELLITE (spacetoEarth) RADIOLOCATION Radiodetermination Satellite (spaceto Earth) S5.398 S5.150 S5.400 S5.402 2483.5 !2500 MOBILESATELLITE (spacetoEarth) US319 RADIODETERMINA TIONSATELLITE (spacetoEarth) S5.398 S5.150 S5.402 US41 NG147  2483.5 !2500 MOBILESATELLITE (spacetoEarth) US319 RADIODETERMINA TIONSATELLITE (spacetoEarth) S5.398 S5.150 S5.402 US41 NG147   SATELLITE COMMUNI CATIONS (25)  dBu    dBu2450 + 50 MHz: Industrial, scientific, and medical frequency&$  & &=u_& "*"0I*"*"E@*"!*"V(*" -*" bx "& & &=u_& "I International table"v\United States table"dx'FCC use designators&   & &l=u_& "lRegion 1 allocation cMHzl" Region 2 allocation - MHzl"URegion 3 allocation LMHzl"8Governmentl"NonGovernmentl"H&Rule part(s)l"+Specialuse +frequencies(   ( &ll=u_& " (1)_"2c -(2)_" n (3)_"6Allocation MHz B (4)"l"Allocation MHz k!(5)"l"X.( S'(6)"l"&- ,(7) l  # ;P HP## I2PG; ԐP# | <<<xf~lxl <<<"xlxlxl | &  & &7=u_&   dBnu5000!5150  dBuF 2F` AERONAUTICAL RADIONAVIGATION S5.367 S5.444 S5.444A7 5000 ! 5250 AERONAUTICAL RADIONAVIGATION US260 7 5000 ! 5150 AERONAUTICAL RADIONAVIGATION US260 S5.367 S5.444 S5.444A US2117  AVIATION (87) SATELLITE COMMUNI CATIONS (25)7 " " "" &7U=u_&   dBD u5150!5250` ` AERONAUTICAL RADIONAVIGATION FIXEDSATELLITE (Earthtospace) S5.447A S5.446 S5.447 S5.447B S5.447CU  S5.367 S5.444 US211 US307 G126U 5150 ! 5250 AERONAUTICAL RADIONAVIGATION US260 FIXEDSATELLITE (Earthtospace) S5.447A S5.447C US211 US307U  AVIATION (87) SATELLITE COMMUNI CATIONS (25)U  $"   $ &U=u_& "* "1L* "* "E@* "!* "V(* " -*&  2  & &b=u_&  5850 !5925 FIXED FIXEDSATELLITE (Earthtospace) MOBILE S5.150>b 5850 !5925 FIXED FIXEDSATELLITE (Earthtospace) MOBILE Amateur Radiolocation S5.150>b 5850 !5925 FIXED FIXEDSATELLITE (Earthtospace) MOBILE Radiolocation S5.150>b 5850 !5925 RADIOLOCATION S5.150 US245 G2>b 5850 !5925 FIXEDSATELLITE (Earthtospace) Amateur S5.150 US245>b  Amateur (97)>b "Xbxl"&2    & &b=u_&  X "I International table"v\United States table"dw'FCC use designators&   & &l=u_& "lRegion 1 allocation cMHzl" Region 2 allocation . MHzl"XRegion 3 allocation OMHzl"8Governmentl"NonGovernmentl"H&Rule part(s)l"+Specialuse +frequencies(   ( &ll=u_& " (1)_"3f .(2)_" q (3)_"6Allocation MHz B (4)"l"Allocation MHz k!(5)"l"X.( S'(6)"l"%- ,(7)&  & &l=u_&  5925!6700  dBuFIXED FIXEDSATELLITE (Earthtospace) MOBILEl 5925 ! 7125 : 5925 ! 6425 FIXED NG41 FIXEDSATELLITE (Earthtospace)   FIXED MICROWAVE SERVICES (101) SATELLITE COMMUNI CATIONS (25) "  "" &7r=_&   _   6425 ! 6525 FIXEDSATELLITE (Earthtospace) MOBILE S5.440 S5.458  7  AUXILIARY BROAD CASTING (74) CABLE TELEVISION RELAY (78) FIXED MICROWAVE SERVICES (101) 7 " 0 " &7r=_&   S5.149 S5.440 S5.458   6525 ! 6700 FIXED FIXEDSATELLITE (Earthtospace) S5.149 S5.458  FIXED MICROWAVE SERVICES (101) SATELLITE COMMUNI CATIONS (25) "0 " " &Ur=_&   dBu6700!7075` ` FIXED FIXEDSATELLITE (Earthtospace)(spacetoEarth) S5.441 MOBILE   6700 ! 6875 FIXED FIXEDSATELLITE (Earthtospace) (spacetoEarth) S5.441 S5.458 S5.458A S5.458BU  FIXED MICROWAVE SERVICES (101) SATELLITE COMMUNI CATIONS (25)U ""  " &Urq=_N&   S5.458 S5.458A S5.458B   6875 ! 7075 FIXED FIXEDSATELLITE (Earthtospace)(space toEarth) 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) $  $ &lrq=_N& "2^  S5.149 S5.440 S5.4584l"9&"b bb4"&  & &lrq=_N& "I International table"v\United States table"dw'FCC use designators&   & &lrq=_N& "lRegion 1 allocation gGHzl" Region 2 allocation / GHzl"XRegion 3 allocation SGHzl"8Governmentl"NonGovernmentl"H&Rule part(s)l"+Specialuse +frequencies(   (" (1)_"3f .(2)_" q (3)_"7Allocation GHz B (4)"l"Allocation GHz k!(5)"l"X.( S'(6)"l"%- ,(7)(   ( &lrq=_N& "*"1L*"*"E@*"!*"V(*" -*$  0 "$ &rq=_N&  15.4!15.43 AERONAUTICAL RADIONAVIGATION S5.511DD  15.4 ! 15.7 AERONAUTICAL RADIONAVIGATION US260 D  15.4 ! 15.43 AERONAUTICAL RADIONAVIGATION US260 US211D   AVIATION (87)D  "0 " " &Ur=_l&   dB u15.43!15.63t` ` ` FIXEDSATELLITE (spacetoEarth)(Earthtospace) S5.511A AERONAUTICAL RADIONAVIGATION S5.511C fU fU 15.43 ! 15.63 FIXEDSATELLITE (spacetoEarth)(Earth tospace) S5.511A AERONAUTICAL RADIONAVIGATION US260 S5.511C US211 fU  AVIATION (87) SATELLITE COMMUNI CATIONS (25)fU "" 0 D " &Ur=_l&   dBu15.63!15.7t` ` ` AERONAUTICAL RADIONAVIGATION S5.511D  US211 15.63 ! 15.7 AERONAUTICAL RADIONAVIGATION US260 US211  AVIATION (87) $0   f$ &r=_l& "*"1L*"*"E@*"!*"V(*" -*   X4 '3'3StandardHPLA4MPO.PRSX\ 3'3'Standard=rJet 4MP PostScrX  XX # Xj\  P6G;XP#"b bb!7" [=INTERNATIONAL FOOTNOTES F`   |* * * * *  X4|S5.149In making assignments to stations of other services to which the bands: h <<<"xlxlxl ddx ( ( ( h   r_  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*,9 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*, 9 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). |* * * * *  Xj4 $ m|S5.341In the bands 1400-1727 MHz, 101-120 GHz and 197-220GHz, passive research is  !being conducted by some countries in a programme for the search for intentional emissions of extraterrestrial origin.  X#4 $ ,|S5.355Additionalallocation: in Saudi Arabia, Bahrain, Bangladesh, the Congo, Egypt, the  !United Arab Emirates, Eritrea, Ethiopia, the Islamic Republic of Iran, Iraq, Israel, Jordan, Kuwait,  !8the 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."& b,p(p(ZZ$Q"Ԍ X4 $ 5ԙ|S5.359Additionalallocation: in Germany, Saudi Arabia, Armenia, Austria, Azerbaijan,  !0Belarus, 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  !EMHz 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 fixedservice stations in the bands 1550-1555MHz, 16101645.5 MHz and 1646.5-1660MHz.  X 4 $ |S5.363Alternativeallocation: in Sweden, the band 15901626.5 MHz is allocated to the aeronautical radionavigation service on a primary basis.  X 4 $ |S5.364The use of the band 1610-1626.5MHz by the mobile-satellite service (Earthtospace)  !"and by the radiodeterminationsatellite service (Earthtospace) is subject to coordination under  !Resolution 46 (Rev.WRC95)/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 -15dB(W/4kHz) in  !Vthe 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 -3dB(W/4kHz). Stations of the mobilesatellite 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 mobilesatellite networks shall make all practicable efforts to ensure protection of stations operating in accordance with the provisions of No.S5.366.  X4 $ S|S5.365The use of the band 1613.8-1626.5 MHz by the mobilesatellite service (spacetoEarth) is subject to coordination under Resolution 46 (Rev.WRC95)/No.S9.11A.  XN4 $ |S5.366The band 1610-1626.5 MHz is reserved on a worldwide basis for the use and  !Rdevelopment of airborne electronic aids to air navigation and any directly associated ground !based or satelliteborne facilities. Such satellite use is subject to agreement obtained under Article 14/No. S9.21.  X4 $ |S5.367Additionalallocation: the bands 1610-1626.5 MHz and 5000-5150 MHz are also  !allocated to the aeronautical mobilesatellite (R) service on a primary basis, subject to agreement obtained under Article 14/No. S9.21.  X#4 $ |S5.368With respect to the radiodeterminationsatellite and mobilesatellite services the  !provisions of No.953/S4.10 do not apply in the band 1610-1626.5MHz, with the exception of the aeronautical radionavigation-satellite service. ":&!b,p(p(ZZB$Q"Ԍ X4 $ `|S5.369Differentcategoryofservice: 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 radiodeterminationsatellite service (Earthto !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.  X_4 $ |S5.370Differentcategoryofservice: in Venezuela, the allocation to the radiodeterminationsatellite service in the band 1610-1626.5 MHz (Earthtospace) is on a secondary basis.  X 4 $ |S5.371Additionalallocation: in Region 1, the bands 1610-1626.5 MHz (Earthtospace) and  !I2483.5-2500 MHz (spacetoEarth) are also allocated to the radiodeterminationsatellite service on a secondary basis, subject to agreement obtained under Article 14/No. S9.21.  X 4 $ |S5.372Harmful interference shall not be caused to stations of the radio astronomy service  !using the band 1610.6-1613.8 MHz by stations of theradiodeterminationsatellite and mobilesatellite services (No.2904/S29.13 applies). |* * * * *  X44 $ |S5.397Additionalallocation: in France, the band 24502500 MHz is allocated on a primary  !4basis to the radiolocation service (see No. S5.33). Such use is subject to agreement with  !Iadministrations having services operating or planned to operate in accordance with the Table of Frequency Allocations which may be affected. |  X4 $ |S5.398In respect of the radiodeterminationsatellite service in the band 2483.52500 MHz, the provisions of No. 953/S4.10 do not apply.  X|4 $  |S5.399In Region 1, in countries other than those listed in S5.400 , harmful interference shall  !cnot be caused to, or protection shall not be claimed from, stations of the radiolocation service by stations of the radiodeterminationsatellite service.  X 4 $ |S5.400Differentcategoryofservice: in Angola, Australia, Bangladesh, Burundi, China,  !WEritrea, 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 2483.52500 MHz to the radiodeterminationsatellite service  !p(spacetoEarth) is on a primary basis (see No. S5.33) subject to agreement obtained under No. S9.21 from countries not listed in this provision.  X#4 $ |S5.402The use of the band 2483.52500 MHz by the mobilesatellite and the  !radiodeterminationsatellite services is subject to the coordination under Resolution 46  !(Rev.WRC95)/No. S9.11A. Administrations are urged to take all practicable steps to prevent  !_harmful interference to the radio astronomy service from emissions in the 2483.52500 MHz":&"b,p(p(ZZB$Q"  !band, especially those caused by secondharmonic radiation that would fall into the 49905000 MHz band allocated to the radio astronomy service worldwide.  X4 $ J|S5.440The standard frequency and time signalsatellite service may be authorized to use the  !frequency 4202 MHz for spacetoEarth transmissions and the frequency 6427 MHz for Earthto !<space transmissions. Such transmissions shall be confined within the limits of  2 MHz of these frequencies, subject to agreement obtained under Article 14/No. S9.21.  XH4 $  |S5.441The use of the bands 4500-4800 MHz (spacetoEarth) and 6725-7025 MHz (Earth !tospace) by the fixedsatellite service shall be in accordance with the provisions of Appendix  !S30B. The use of the bands 10.7-10.95GHz (spacetoEarth), 11.2-11.45 GHz (spacetoEarth)  !and 12.75-13.25 GHz (Earthtospace) by GSO satellite systems in the fixedsatellite service shall  !be in accordance with the provisions of AppendixS30B. The use of the bands 10.7-10.95GHz  !@(spacetoEarth), 11.2-11.45 GHz (spacetoEarth) and 12.75-13.25 GHz (Earthtospace) by non !/GSO satellite systems in the fixedsatellite service shall be in accordance with the provisions of Resolution COM518.  Xy4 <  |S5.441A  The use of the bands 10.9511.2 GHz (spacetoEarth), 11.4511.7 GHz (spaceto !}Earth), 11.712.2 GHz (spacetoEarth) in Region 2, 12.212.75 GHz (spacetoEarth) in Region  ! 3, 12.512.75 GHz (spacetoEarth) in Region 1, 13.7514.5 GHz (Earthtospace), 17.818.6 GHz  !(spacetoEarth), 19.720.2 GHz (spacetoEarth), 27.528.6 GHz (Earthtospace), 29.530 GHz  !(Earthtospace) by nonGSO and GSO satellite systems in the fixedsatellite service is subject  !<to the provisions of Resolution COM518. The use of the band 17.818.1 GHz (spacetoEarth) by nonGSO FSS systems is also subject to the provisions of Resolution COM519. |* * * * *  X4 <|S5.444  The band 5000-5150 MHz is to be used for the operation of the international  !dstandard 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 (WRC95) apply.  X 4 (  '` ''S5.444A` ` Additionalallocation: the band 50915150 MHz is also allocated to the fixed !satellite service (Earthtospace) on a primary basis. This allocation is limited to feeder links of  !_nongeostationary mobilesatellite systems and is subject to coordination under Resolution 46 (Rev.WRC95)/No.S9.11A. ''In the band 50915150MHz, the following conditions also apply:  X#4 b'` F'<!w''prior to 1 January 2010, the use of the band 50915150 MHz by feeder links of non bugeostationarysatellite systems in the mobilesatellite service shall be made in accordance with Resolution 114 (WRC95)(#' ":&#b,p(p(ZZB$Q"Ԍ X4 b!w''prior to 1 January 2010, the requirements of existing and planned international standard  bsystems for the aeronautical radionavigation service which cannot be met in the 50005091 MHz band, shall take precedence over other uses of this band;(#'  X4 b!w''after 1 January 2008, no new assignments shall be made to stations providing feeder links of nongeostationarysatellite mobilesatellite systems; (#'  X_4 b!w''after 1 January 2010, the fixedsatellite service will become secondary to the aeronautical radionavigation service.(#'  X 4  F'<'<''S5.446Additionalallocation: in the countries listed in Nos. S5.369 and S5.400, the band  !"5150-5216 MHz is also allocated to the radiodeterminationsatellite service (spacetoEarth) on  !a primary basis, subject to agreement obtained under Article 14/No. S9.21. In Region2, the band  !is also allocated to the radiodeterminationsatellite service (spacetoEarth) 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 radiodeterminationsatellite service (spacetoEarth) on a secondary basis. The  !use by the radiodeterminationsatellite service is limited to feeder links in conjunction with the  !radiodeterminationsatellite service operating in the bands 1610-1626.5MHz and/or 2483.5-2500  Xb4 !&MHz. The total power fluxdensity at the Earth's surface shall in no case exceed !159dBW/m2Ġin any 4kHz band for all angles of arrival.  X4  ''S5.447Additionalallocation: in Germany, Austria, Belgium, Denmark, Spain, Finland,  ![France, Greece, Israel, Italy, Japan, Jordan, Lebanon, Liechtenstein, Luxembourg, Malta,  !lMorocco, 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.  X4 ( \'<'` <''S5.447A` ` The allocation to the fixedsatellite service (Earthtospace) is limited to feeder  !ulinks of nongeostationarysatellite systems in the mobilesatellite service and is subject to coordination under Resolution 46 (Rev.WRC95)/No.S9.11A.  X74 ( ''S5.447B` ` Additionalallocation: the band 51505216 MHz is also allocated to the fixed !satellite service (spacetoEarth) on a primary basis. This allocation is limited to feeder links of  !nongeostationarysatellite systems in the mobilesatellite service and is subject to provisions of  !Resolution 46 (Rev.WRC95)/No.S9.11A. The power fluxdensity at the Earth's surface  !produced by space stations of the fixedsatellite service operating in the spacetoEarth direction  X 4 !in the band 5150-5216MHz shall in no case exceed 164 dB(W/m2) in any 4kHz band for all angles of arrival.  X#4 ( ''S5.447C` ` Administrations responsible for fixedsatellite service networks in the band 5150 !5250 MHz operated under Nos. S5.447A and S5.447B shall coordinate on an equal basis in  !caccordance with Resolution 46 (Rev.WRC95)/No.S9.11A with administrations responsible for  !ynongeostationarysatellite networks operated under No. S5.446 and brought into use prior to  !'17November 1995. Satellite networks operated under No. S5.446 brought into use after"#'$b,p(p(ZZm%Q"  !17November 1995 shall not claim protection from, and shall not cause harmful interference to, stations of the fixedsatellite service operated under Nos. S5.447A and S5.447B. '` <'<  X4  ''S5.458In 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 explorationsatellite  !<(passive) and space research (passive) services in their future planning of the bands6425-7025 MHz and 70757250 MHz .  X14 ( 9'<'` <''S5.458A` ` In making assignments in the band 67007075 MHz to space stations of the fixed !ysatellite service, administrations are urged to take all practicable steps to protect spectral line  !observations of the radio astronomy service in the band 6650-6675.2MHz from harmful interference from unwanted emissions.  X 4 ( ''S5.458B` ` The spacetoEarth allocation to the fixedsatellite service in the band 67007075  !MHz is limited to feeder links for nongeostationary satellite systems of the mobilesatellite  !cservice and is subject to coordination under Resolution 46 (Rev.WRC95)/No. S9.11A. The use  !of the band 67007075 MHz (spacetoEarth) by feeder links for nongeostationary satellite systems in the mobilesatellite service is not subject to S22.2.  X44 ( F''S5.458C` ` Administrations making submissions in the band 70257075 MHz (Earthtospace)  !yfor geostationarysatellite systems in the fixedsatellite service after 17 November 1995 shall  !Econsult on the basis of relevant ITUR Recommendations with the administrations that have  !notified and brought into use nongeostationarysatellite 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 geostationarysatellite systems in the fixedsatellite service and nongeostationary systems in this band. ''* * * * * ''  XN4 ( ''S5.511A` ` Use of the band 15.4315.63 GHz by the fixed-satellite service (spacetoEarth)  !(see Resolution COM58 (WRC97)) and (Earthtospace) is limited to feeder links of  !non-geostationary systems in the mobile-satellite service, subject to coordination under Resolution  !46 (Rev. WRC97)/No. S9.11A. In the spacetoEarth 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 ITUR S.1341. Also in the spacetoEarth direction, harmful interference  !shall not be caused to stations of the radio astronomy service using the band 15.3515.4GHz.  !The threshold levels of interference and associated power flux-density limits which are  !detrimental to the radio astronomy service are given in Recommendation ITU-RRA.7691.  !Special measures will need to be employed to protect the radio astronomy service in the band 15.3515.4 GHz. ":&%b,p(p(ZZB$Q"Ԍ X4 ( ''S5.511C` ` Stations operating in the aeronautical radionavigation service shall limit the  !effective e.i.r.p. in accordance with Recommendation ITUR S.1340. The minimum coordination  !distances required to protect aeronautical radionavigation stations (No. S4.10 applies) from  !harmful interference from feederlink earth stations and the maximum e.i.r.p. transmitted toward  !Sthe local horizontal plane by a feederlink earth station shall be in accordance with Recommendation ITUR S.1340.  X_4 ( K''S5.511D` ` Fixedsatellite service systems for which complete information for advance  !publication has been received by the Bureau by 21 November 1997 may operate in the bands  !}15.415.43 GHz and 15.6315.7 GHz in the spacetoEarth direction and 15.6315.65 GHz in the  !Earthtospace direction. In the bands 15.415.43 GHz and 15.6515.7 GHz, emissions from a  !nongeostationary space station shall not exceed the power fluxdensity limits at the Earth's  X 4 !surface of 146 dB(W/m2/MHz) for all angles of arrival. In the band 15.6315.65 GHz, where  !an administration plans emissions from a nongeostationary space station that exceed 146  X 4 !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 fixedsatellite service operating  !in the band 15.6315.65 GHz in the Earthtospace direction shall not cause harmful interference to stations in the aeronautical radionavigation service (No. S4.10 applies). '''` <'<'<'< ''* * * * * 1 UNITED STATES (US) FOOTNOTES  c''* * * * *  X4  ''US319In 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 2483.52500 MHz bands, Government stations in the  !mobile-satellite service shall be limited to earth stations operating with non-Government space stations. ''* * * * * "NONGOVERNMENT (NG) FOOTNOTES ''* * * * *  X 4  `''NG147Stations 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 mobilesatellite service and the radiodeterminationsatellite service. '' ''* * * * * ":&&b,p(p(ZZ$Q"Ԍ:GOVERNMENT (G) FOOTNOTESc ''* * * * *  X4 &'<'4<''G12644DifferentialGlobalPositioningSystem (DGPS) Stations may be authorized on a  !primary basis in the bands 108117.975 MHz, 15591610 MHz, and 50005150 MHz for the specific purpose of transmitting DGPS information intended for aircraft navigation.  X1'  PART 25SATELLITE COMMUNICATIONSc  X 4'4<  1.wThe authority citation for Part 25 continues to read as follows:  X ' !" AUTHORITY: Secs. 25.101 to 25.601 issued under Sec. 4, 48 Stat. 1066, as amended; 47  !r#U.S.C. 154. Interpret or apply secs. 101104, 76 Stat. 419427; 47 U.S.C. 701744; 47 U.S.C.  X '554.  Xy42.wThe table and footnotes in paragraph 25.202(a)(1) are revised to read as follows:  25.202 Frequencies, frequency tolerance and emission limitations.  X44  X4 ! (a)(1) Frequency bands. The following frequencies are available for use by the fixedsatellite  !service. Precise frequencies and bandwidths of emission shall be assigned on a casebycase basis.  m  O ddx ( ( ( ddx' O q _r   SpacetoEarth (GHz)4_  Earthtospace (GHz)q  _e r   X4 3.74.21  X4 6.7007.0757  X4 10.9511.21,2   Xw4 11.4511.71,2  X`4 11.712.23  XI4 15.4315.637  X24 17.719.71  X4 19.720.2    X4 5.0915.1507,8  X4 5.155.257  X4 5.9256.4251  Xw4 13.7514.04  X`4 14.014.25  XI4 14.214.5  X24 15.4315.637  X4 27.529.51  X 4 29.530.0  4e   X!4 m   `  1wThis band is shared coequally with terrestrial radiocommunication services.  X#4   2wUse of this band by the fixedsatellite service is limited to international systems, i.e., other than domestic systems. "%'b,p(p(ZZ$"Ԍ X4  F 3wUse of this band by the fixedsatellite service in Region 2 is limited to national and  !subregional systems. Fixedsatellite transponders may be used additionally for transmissions in the broadcastingsatellite service.  X4  4wThis band is shared on an equal basis with the Government radiolocation service,  !cgrandfathered space stations in the Tracking and Data Relay Satellite System, and until January 1, 2000, spaceborne sensors.  XH4   5wIn this band, stations in the radionavigation service shall operate on a secondary basis to the fixedsatellite service.  X 4  6wThis band is shared coequally with broadcasting and broadcastingsatellite services. Terrestrial radiocommunications services must operate on a secondary basis.  X 4   7wUse of this band by the fixedsatellite service is limited to feeder links of nongeostationary mobilesatellite systems.  X4    8 wSee 47 C.F.R.  2.106, footnote S5.444A, for conditions that apply to this band. ` ` А Xy' "y(b,p(p(ZZ"  X' PART 97AMATEUR RADIO SERVICE Đc ` 4 1. The authority citation for Part 97 continues to read as follows:  PAuthority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303. Interpret or apply 48 Stat. 10641068, 10811105, as amended; 47 U.S.C. 151155, 301609, unless otherwise noted.  X_42. Paragraph 97.303(m)(4) is revised to read as follows:  X1'   97.303 Frequency sharing requirements. (# * * *  X 4(m)44In the 5 cm band:  X 4 &~(4)44In the 5.655.85 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 5.6505.925 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.  X44 c  ")b,p(p(ZZ"  X'   APPENDIX B: INITIAL REGULATORY FLEXIBILITY CERTIFICATION Đc     X4 PThe Regulatory Flexibility Act ("RFA")b[Z {O4' ! ԍ The RFA, see 5 U.S.C.  601 et. seq., has been amended by the Contract with American Advancement Act  !} of 1996, Public Law 104121, 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).[ 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,  !Ithe term "small business" has the same meaning as the term "small business concern" under the  !ySmall 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).  X '  X 4 Pl This Notice of Proposed Rule Making ("Notice") proposes to allocate the 50915250 MHz  !Vand 15.4315.63 GHz bands to the fixedsatellite (Earthtospace) service on a primary basis, to  !allocate the 67007075 MHz and 15.4315.63 GHz bands on a primary basis to the fixedsatellite  !<(spacetoEarth) service, and to limit the use of these FSS allocations to feeder links that would  !be used in conjunction with the service links of nongeostationary orbit mobilesatellite 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 ("WRC95"). 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.  X4  X4 P4 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  X4 !N("SBA") rules applicable to Communications Services "Not Elsewhere Classified."u yO0'ԍ 13 C.F.R.  121.201, Standard Industrial Classification (SIC) Code 4899.u 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  !ECommunications Services, Not Elsewhere Classified. Of those, approximately 775 reported  X94 !annual receipts of $11 million or less and qualify as small entities.AX9z yOd#' !^ ԍ U.S. Bureau of the Census, U.S. Department of Commerce, 1992 Census of Transportation, Communications,  ! and Utilities, UC92S1, Subject Series, Establishment and Firm Size, Table 2D, Employment Size of Firms: 1992, SIC Code 4899 (issued May 1995).A The Census Bureau category is very broad and commercial satellite services constitute only a subset of its total. "*,))ZZ"Ԍ PWWe 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  !"feederdownlink spectrum being allocated in this proceeding. None of the Big LEO licensees is  !8a 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.  Xv4 PWWe therefore certify that this Notice will not have a significant economic impact on a  !8substantial 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.