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File how2ftp (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ***************************************************************** ******** $//Government Fixed-Satellite Downlink, MO&O, FCC 95-316//$ $/2.106 Table of Frequency Allocations/$ FOR RECORD ONLY Before the FEDERAL COMMUNICATIONS COMMISSION FCC 95-316 Washington, D.C. 20554 In the Matter of ) ) 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 Adopted: July 28, 1995 ; Released: July 31, 1995 By the Commission: 1. By this action, we are amending the Commission's Table of Frequency Allocations by adding a footnote to permit use of the 17.8 - 20.2 GHz band for Government space-to- Earth ("downlink") fixed-satellite transmissions. We are also revising a footnote to limit Government use of this band to military systems. We take this action at the request of the Administrator, National Telecommunications and Information Administration ("NTIA") for the purpose of advancing, supporting, and accommodating the national defense. 2. The 17.8 - 20.2 GHz band is allocated on a worldwide basis for FSS downlinks and domestically is predominately exclusive non-Government spectrum. Uses of the 17.8 - 19.7 GHz general-purpose fixed spectrum include auxiliary broadcast, common carrier, private, cable television, digital electronic message service ("DEMS"), and digital termination service ("DTS") systems for data communications. The fixed-satellite downlink allocation at 17.7 - 20.2 GHz is conventionally paired with uplinks at 27.5 - 30 GHz. Uplinks for direct broadcast satellites have access to the 17.8 - 18.4 GHz band. The 19.7 - 20.2 GHz band is the downlink portion of the 20/30 GHz multipurpose satellite band. 3. On July 12, 1995, the Administrator, NTIA, requested that we add a United States footnote to the United States Table of Frequency Allocations. The proposed footnote reads as follows: In the band 17.8 - 20.2 GHz, Government space stations and associated earth stations in the fixed-satellite (space-to-Earth) service may be authorized on a primary basis. For a Government geostationary satellite network to operate on a primary basis, the space station shall be located outside the arc measured from East to West, 700 W to 1200 W. Coordination between Government fixed- satellite systems and non-Government systems operating in accordance with the United States Table of Frequency Allocations is required. NTIA states that the reallocation is essential to fulfill requirements for Government space systems to perform satisfactorily, that current Department of Defense ("DoD") requirements cannot be accommodated in frequency bands currently allocated for Government use, and that due to the likely consideration of this band at the 1995 World Radiocommunication Conference, this matter is urgent. NTIA further states that this matter involves military functions, as well as specific sensitive national security interests of the United States. NTIA therefore asks that we forgo notice and comment rulemaking procedure and immediately amend the Table of Frequency Allocations in accordance with its request. 4. During our inter-agency consultations, NTIA stated that these Government satellite systems would comply with the International Telecommunication Union's ("ITU's") Radio Regulations. NTIA also stated that, because of the urgent national security interests at stake, the amended rules should be made effective immediately upon publication in the Federal Register. In addition, we proposed to revise Government Footnote G117 by adding a reference to the 17.8 - 20.2 GHz band, thereby limiting Government fixed-satellite use of the band to military systems. We made this proposal in order to preserve as much of the spectrum as possible for commercial systems. NTIA did not object to the proposed revision of G117. 5. Based on the foregoing, we find that this matter involves the exercise of military functions of the United States and that, because the request is based on urgent national security needs, notice and public procedure are, for good cause shown, impracticable, unnecessary, and contrary to the public interest. See 5 U.S.C.  553 (a)(1),(b)(3)(B); Bendix Aviation Corp. v. F.C.C., 272 F.2d 533 (D.C.Cir. l959), cert. denied sub nom. Aeronautical Radio, Inc. v. U.S., 361 U.S. 965 (l960). Based on the representations of NTIA that the reallocation is essential to fulfill requirements for Government space systems to perform satisfactorily and that current DoD requirements cannot be accommodated in frequency bands currently allocated for Government use, we find that the public interest will best be served by accommodating the NTIA request and immediately adding United States Footnote US334 to and amending Government Footnote G117 of the Table of Frequency Allocations. 6. Accordingly, IT IS ORDERED that Part 2 of the Commission's Rules, 47 C.F.R. Part 2, IS AMENDED as set forth in the attached Appendix, effective upon publication in the Federal Register. Authority for this action is contained in Sections 4(i), 4(j), 303(c), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. Sections 154(i), 154(j), 303(c), and 303(r). FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary Appendix: Final Rules Part 2 of Title 47 of the Code of Federal Regulations is amended as follows: PART 2 - FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS 1. The authority citation in Part 2 continues to read as follows: AUTHORITY: Sections 4, 302, 303, and 307 of the Communications Act of 1934, as amended, 47 U.S.C. Sections 154, 302, 303, and 307, unless otherwise noted. 2. Section 2.106, the Table of Frequency Allocations, is amended as follows: a. Columns 4 and 5 in the frequency band 17.8 - 20.2 GHz are revised as follows:  2.106 Table of Frequency Allocations. * * * * * International table || United States table | FCC use designators Region 1-allocation | Region 2-allocation | Region 3-allocation || Government | Non-Government | | Special-use GHz | GHz | GHz || Allocation GHz | Allocation GHz | Rule Part(s) | frequencies | | || | | | (1) | (2) | (3) || (4) | (5) | (6) | (7) | | || | | | * | * | * || * | * | * | * | | || | | | || | | | 17.7 - 18.1 || | | | FIXED || | | | FIXED-SATELLITE (space-to-Earth)(Earth-to-space) || | | | 869 || | | | MOBILE || | | | || 17.8 - 18.6 | 17.8 - 18.6 | | || | FIXED | AUXILIARY BROADCASTING (74)| 18.1 - 18.6 || | FIXED-SATELLITE | CABLE TELEVISION RELAY (78)| FIXED || | (space-to-Earth) | DOMESTIC PUBLIC FIXED (21) | FIXED-SATELLITE (space-to-Earth) || | MOBILE | PRIVATE OPERATIONAL-FIXED | MOBILE || | | MICROWAVE (94) | || | | | 870 || 870 US334 G117 | 870 US334 NG144 | | || | | | | | || | | | 18.6 - 18.8 | 18.6 - 18.8 | 18.6 - 18.8 || 18.6 - 18.8 | 18.6 - 18.8 | | FIXED | EARTH EXPLORATION- | FIXED || EARTH EXPLORATION- | EARTH EXPLORATION- | AUXILIARY BROADCASTING (74)| FIXED-SATELLITE | SATELLITE (passive) | FIXED-SATELLITE || SATELLITE (passive)| SATELLITE (passive)| CABLE TELEVISION RELAY (78)| (space-to-Earth) 872 | FIXED | (space-to-Earth) 872|| SPACE RESEARCH | FIXED | DOMESTIC PUBLIC FIXED (21) | MOBILE except | FIXED-SATELLITE | MOBILE except || (passive) | FIXED-SATELLITE | PRIVATE OPERATIONAL-FIXED | aeronautical mobile | (space-to-Earth) 872 | aeronautical mobile || | (space-to-Earth) | MICROWAVE (94) | Earth Exploration- | MOBILE except | Earth Exploration- || | MOBILE except aero- | | Satellite (passive) | aeronautical mobile | Satellite (passive) || | nautical mobile | | Space Research (passive)| SPACE RESEARCH | Space Research || | SPACE RESEARCH | | | (passive) | (passive) || | (passive) | | | | || | | | | | || US254 US255 US334 | US254 US255 US334 | | 871 | 871 | 871 || G117 | NG144 | | | | || | | | || | | | 18.8 - 19.7 || 18.8 - 19.7 | 18.8 - 19.7 | | FIXED || | FIXED | AUXILIARY BROADCASTING (74)| FIXED-SATELLITE (space-to-Earth) || | FIXED-SATELLITE | CABLE TELEVISION RELAY (78)| MOBILE || | (space-to-Earth) | DOMESTIC PUBLIC FIXED (21) | || | MOBILE | PRIVATE OPERATIONAL-FIXED | || | | MICROWAVE (94) | || | | | || | | | || US334 G117 | US334 NG144 | | || | | | International table || United States table | FCC use designators Region 1-allocation | Region 2-allocation | Region 3-allocation || Government | Non-Government | | Special-use GHz | GHz | GHz || Allocation GHz | Allocation GHz | Rule Part(s) | frequencies | | || | | | (1) | (2) | (3) || (4) | (5) | (6) | (7) | | || | | | 19.7 - 20.1 | 19.7 - 20.1 | 19.7 - 20.1 || 19.7 - 20.1 | 19.7 - 20.1 | | FIXED-SATELLITE | FIXED-SATELLITE | FIXED-SATELLITE || | FIXED-SATELLITE | | (space-to-Earth) | (space-to-Earth) | (space-to-Earth) || | (space-to-Earth) | | Mobile-Satellite | MOBILE-SATELLITE | Mobile-Satellite || | MOBILE-SATELLITE | | (space-to-Earth) | (space-to-Earth) | (space-to-Earth) || | (space-to-Earth) | | | | || | | | | | || | | | | 873 873A 873B 873C | || | 873A 873B 873C | | 873 | 873D 873E | 873 || US334 G117 | 873D 873E US334 | | | | || | | | || | | | 20.1 - 20.2 || 20.1 - 20.2 | 20.1 - 20.2 | | FIXED-SATELLITE (space-to-Earth) || | FIXED-SATELLITE | | MOBILE-SATELLITE (space-to-Earth) || | (space-to-Earth) | | || | MOBILE-SATELLITE | | || | (space-to-Earth) | | || | | | || | 873A 873B 873C | | 873 873A 873B 873C 873D || US334 G117 | 873D US334 | | || | | | | | || | | | * | * | * || * | * | * | * | | || | | | b. Add the text of new United States footnote US334 to read as follows: UNITED STATES (US) FOOTNOTES * * * * * US334 In the band 17.8 - 20.2 GHz, Government space stations and associated earth stations in the fixed-satellite (space-to-Earth) service may be authorized on a primary basis. For a Government geostationary satellite network to operate on a primary basis, the space station shall be located outside the arc measured from East to West, 700 W to 1200 W. Coordination between Government fixed-satellite systems and non-Government systems operating in accordance with the United States Table of Frequency Allocations is required. c. Revise the text of existing Government footnote G117 to read as follows: GOVERNMENT (G) FOOTNOTES * * * * * G117 In the bands 7.25 - 7.75 GHz, 7.9 - 8.4 GHz, 17.8 - 21.2 GHz, 30 - 31 GHz, 39.5 - 40.5 GHz, 43.5 - 45.5 GHz, and 50.4 - 51.4 GHz the Government fixed-satellite and mobile-satellite services are limited to military systems. * * * * *