Mobile-Satellite Service at 1610-1626.5 and 2483.5-2500 MHz

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 2

[ET Docket No. 92-28; FCC 93-547]

Mobile-Satellite Service at 1610-1626.5 and 2483.5-2500 MHz

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This Report and Order allocates the 1610-1626.5 and 2483.5-

2500 MHz bands on a co-primary basis to the mobile-satellite service

(MSS). This action responds to seven petitions for rule making that

were filed with the Commission and conforms to the international

frequency allocation that was adopted at the World Administrative Radio

Conference (WARC-92) last year. Further, this action is taken to

accommodate the need for additional mobile-satellite spectrum that can

be used to provide many new services both domestically and

internationally.

DATES: March 30, 1994.

FOR FURTHER INFORMATION CONTACT:

Ray LaForge, Office of Engineering and Technology, telephone (202) 653-

8117.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report

and Order in ET Docket No. 92-28 adopted on December 13, 1993 and

released January 12, 1994. The complete text of this Report and Order

is available for inspection and copying during normal business hours in

the FCC Public Reference Center (room 239), 1919 M Street, NW.,

Washington, DC. The complete text of this Report and Order also may be

purchased from the Commission's duplication contractor, International

Transcription Service, Inc., 2100 M Street, NW., suite 140, Washington,

DC 20036, (202) 857-3800.

Summary of Report and Order

1. In this Report and Order the Commission allocates 33 MHz of

spectrum, the 1610-1626.5 and 2483.5-2500 MHz bands, for the mobile-

satellite service (MSS). A total of 16.5 MHz, 1610-1626.5 MHz, is

provided for primary space-to-Earth (uplink) operations and 16.5 MHz,

2483.5-2500 MHz, is provided for primary Earth-to-space (downlink)

operations. Also, 12.7 MHz, 1613.8-1626.5 MHz, is allocated for

secondary MSS space-to-Earth (downlink) operations. In addition, the

Commission elevates the radio astronomy service allocation in the

1610.6-1613.8 MHz band from secondary to co-primary status.

2. The 1610-1626.5 and 2483.5-2500 MHz bands currently are

allocated to a number of other services. The radiodetermination

satellite service (RDSS), is allocated in these bands on a primary

basis but only interim RDSS systems have been authorized. See Newcomb

Communications, Inc., 8 FCC Rcd 3631 (1993); and letter to Counsel,

Mobile Data Communications, Inc. from Chief, Domestic Facilities

Division (August 19, 1993). Currently, the 1610-1626.5 MHz band is

allocated to the aeronautical radionavigation service on a co-primary

basis, and the 1610.6-1613.8 MHz segment of this band also is allocated

to the radio astronomy service (RAS) on a secondary basis. Frequencies

adjacent to the 1610-1626.5 MHz band are allocated to aeronautical

radionavigation satellite and maritime mobile satellite services.

3. The 2483.5-2500 MHz band is authorized for co-primary use by the

broadcast auxiliary service, the terrestrial fixed service, and the

industrial, scientific and medical (ISM) service. Additionally, the

frequencies adjacent to this band are allocated on a primary basis to

the instructional television fixed service (ITFS), the multi-channel

multi-point distribution service (MMDS), fixed services, mobile

services and for industrial, scientific, and medical (ISM) equipment,

and to the radiolocation service on a secondary basis.

4. On August 5, 1992, we proposed to allocate these bands to the

mobile-satellite service systems, shared on a co-primary basis with the

RDSS. See 57 FR 43434 (September 21, 1992).

5. Based on the record in this proceeding, we find that there is

substantial interest in using both LEO and GEO technologies to provide

new voice and data MSS services in the subject bands. As we indicated

in the Notice, MSS LEO systems will offer significant new benefits to

both domestic and international communications users. MSS LEO systems

potentially can provide a universally available world-wide cellular-

like radiotelephone service offering voice, data, and facsimile

service. In addition, radiolocation and radionavigation applications

also can be provided.

6. Some of the new applications envisioned include: (1) personal

locator services that could be used to locate accident victims or

persons stranded because of weather or injury; (2) fleet management and

tracking services that would permit more efficient shipping and

transportation of goods, including the tracking of hazardous wastes and

material; (3) public safety services that would allow state and local

governments to use MSS to extend health and emergency services to rural

and remote areas currently unserved by traditional communications

facilities; and (4) International Services that would permit global MSS

and make modern telephone communications available to remote and

underserved areas throughout the world.

7. Further, the Commission determined that although the specific

method for sharing among systems remains to be determined, based on the

record, bi-directional operations in the 1613.8-1626.5 MHz band is

feasible, and accordingly the Commission is providing for a secondary

allocation for space-to-Earth operations in this band.

8. The Commission also concluded that MSS operations in the 1610-

1626.5 and 2483.5-2500 MHz bands should be subject to the e.i.r.p. and

power flux density levels set forth in the international Radio

Regulations. In addition, such MSS operations will be subject to the

coordination and notification procedures set forth in Resolution 46.

9. We continue to believe that, at least initially, the existing

FSS bands are sufficient to accommodate MSS feeder links. We note that

there may be difficulties in using FSS bands that generally are

congested with significant numbers of geostationary fixed-satellite

systems (GEO FSS). Consequently, because of the significant

coordination difficulties arising from the global nature of LEO

operations, MSS LEO feeder links would need to operate in FSS frequency

bands that are not heavily used by GEO FSS systems. We are also

including the inter-satellite service bands at 24.45-24.65 and 24.65-

24.75 GHz and the already allocated inter-satellite service band at

22.55-23 GHz in the United States Table of Frequency Allocations for

non-government use.

10. In view of the important health issues involved, the fact that

no general manufacture of consumer equipment for MSS in these bands has

yet begun, and our intent to provide for the expeditious initiation of

the services for which this spectrum is being allocated, we believe the

ANSI/IEEE guidelines (IEEE C95.1-1991) should be used when evaluating

the potential for harm to public health from exposure to RF emissions

of MSS user devices. If we modify the ANSI/IEEE guidelines in ET Docket

No. 92-62, those guidelines will be applied to MSS equipment. We will

require that all hand-held devices comply with the ANSI/IEEE

specifications for ``uncontrolled'' environments because the new MSS

service as envisioned would include consumer use that would be within

the ``uncontrolled'' definition.

11. Further, in the Notice and Tentative Decision, 57 FR 43434,

September 21, 1992 supra, we dismissed a petition for rule making filed

by CELSAT to use the RDSS frequency band for a hybrid satellite and

terrestrial ground personal communications service (PCS). CELSAT had an

alternative request for spectrum in the 2120-2129 and 2410-2428 MHz

bands, including a pioneer's preference request which remains pending.

On October 5, 1992, CELSAT filed a Petition for Reconsideration of the

Commission's Notice and Tentative Decision in which it argues that the

Commission incorrectly dismissed its proposed spectrum allocation

because the terrestrial element of its proposal was incompatible with

WARC-92. TRW filed a petition to dismiss the CELSAT Petition for

Reconsideration. The Commission grants TRW's petition but accepts

CELSAT's petition as late filed comments. The Commission continues to

believe that for the purpose of international coordination it is

important that our domestic allocation be compatible with the WARC-92

spectrum allocation. Thus we continue to hold that terrestrial

operations in these bands is inappropriate. For this reason, we accept

CELSAT's Petition for Reconsideration as a comment in this proceeding.

12. In the Notice and Tentative Decision we noted that the proposal

was analyzed with respect to the Paperwork Reduction Act of 1980 and

found to contain no new or modified form, information collection and/or

record keeping, labeling, disclosure, or record retention requirements,

and will not increase or decrease burden hours imposed on the public.

No comments were received regarding the Paperwork Reduction Act.

13. Further, in the Notice and Tentative Decision we invited

comments on the impact of the proposed allocation in accordance with

the Regulatory Flexibility Act of 1980. No comments were received in

response to our analysis of this allocation as required by the

Regulatory Flexibility Act.

14. Accordingly, it is ordered, that Part 2 of the Commission's

Rules and Regulations is amended as specified below, effective March

30, 1994. It is further ordered that TRW's Motion to Dismiss CELSAT's

Petition for Reconsideration is granted in part; and that the Petition

for Reconsideration filed by CELSAT is accepted as a comment. This

action is taken pursuant to Sections 4(i), 303 (c), (f), (g), and (r),

and 309(a) of the Communications Act of 1934, as amended, 47 U.S.C.

154(i), 303 (c), (f), (g), and (r).

List of Subjects in 47 CFR Part 2

Frequency allocation, General rules and regulations, Radio.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Final Rules

I. 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 citations in Part 2 continues to read:

Authority: Sec. 4, 302, 303, and 307 of the Communications Act

of 1934, as amended, 47 U.S.C. Sections 154, 154(i), 302, 303,

303(r), and 307, unless otherwise noted.

2. The International Footnotes at the end of the Table of Frequency

Allocations, Sec. 2.106 is amended to remove footnotes 731A, 731B,

731C, 731D, 753E, 877, 878, 890 and 891; revise footnotes 733A, 733E,

734, 753, 753C, 882E, 882F, and 882G; and add footnotes 731E, 731F,

753F, 881A, and 881B. Footnote US319 in the United States footnotes is

also revised.

3. Section 2.106, the Table of Frequency Allocations, is revised

for the 1610-1626.5 MHz, 2483.5-2500 MHz, 22.5-23 GHz, and 24.25-24.75

GHz bands, in accordance with the following:

Sec. 2.106 Table of Frequency Allocations.

International table United States table FCC use designators

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Government Non-Government

Region 1 allocation Region 2 allocation Region 3 allocation -------------------------------------------- Rule part(s) Special-Use

MHz MHz MHz Allocation MHz Allocation MHz frequencies

(1) (2) (3) (4) (5) (6) (7)

--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *

1610-1610.6 1610-1610.6 1610-1610.6 1610-1610.6 1610-1610.6

Aeronautical Aeronautical Aeronautical Aeronautical Aeronautical Aviation (87).

Radionavigation. Radionavigation. Radionavigation. Radionavigation. Radionavigation. Satellite

Mobile-Satellite Radiodetermination Mobile-Satellite Radiodetermination Radiodetermination Communication (25).

(Earth-to-space). satellite (Earth-to- (Earth-to-space). Satellite (Earth-to- Satellite (Earth-to-

space). Radiodetermination- space). space).

Mobile Satellite Satellite (Earth-to- Mobile-Satellite Mobile-Satellite

(Earth-to-space). space). (Earth-to-space) (Earth-to-space).

722 727 730 731 731E 722 731E 732 733 722 727 730 731E 732 722 731E 732 733 722 731E 732 733

732 733 733A 733B 733A 733C 733D 733E 733 733A 733B 733E 733A 733E US208 733A 733E US208

733E 733F US260 US319 US260 US319

* * * * * * *

1610.6-1613.8 1610.6-1613.8 1610.6-1613.8 1610.6-1613.8 1610.6-1613.8

Aeronautical Aeronautical Aeronautical Aeronautical Aeronautical Aviation (87).

Radionavigation. Radionavigation. Radionavigation. Radionavigation. Radionavigation. Satellite

Mobile-Satellite Radiodetermination Mobile-Satellite Radiodetermination Radiodetermination communication (25).

(Earth-to-space). Satellite (Earth-to- (Earth-to-space). Satellite (Earth-to- Satellite (Earth-to-

Radio-Astronomy. space). Radio-Astronomy. space). space).

Mobile-Satellite Radiodetermination Mobile-Satellite Mobile-Satellite

(Earth-to-space). Satellite (Earth-to- (Earth-to-space). (Earth-to-space)

Radio-Astronomy. space). Radio-Astronomy.

722 727 730 731 731E 722 731E 732 733 722 727 730 731E 732 722 731E 732 733 722 731E 732 733

732 733 733A 733B 733A 733C 733D 733E 733 733A 733B 733E 733A 733E 734 US208 733A 733E 734 US208

733E 733F 734 734 734 US260 US319 US260 US319

* * * * * * *

1613.8-1626.5 1613.8-1626.5 1613.8-1626.5 1613.8-1626.5 1613.8-1626.5

Aeronautical Aeronautical Aeronautical Aeronautical Aeronautical Aviation (87).

Radionavigation. Radionavigation. Radionavigation. Radionavigation. Radionavigation. Satellite

Mobile-Satellite Radiodetermination Mobile-Satellite Radiodetermination Radiodetermination Communication (25).

(Earth-to-space). Satellite (Earth-to- (Earth-to-space). Satellite (Earth-to- Satellite (Earth-to-

Mobile-Satellite space). Radiodetermination space). space).

(space-to-Earth). Mobile-Satellite Satellite (Earth-to- Mobile-Satellite Mobile-Satellite

(Earth-to-space). space). (Earth-to-space). (Earth-to-space).

Mobile-Satellite Mobile-Satellite Mobile-Satellite Mobile-Satellite .................... ....................

(space-to-Earth). (space-to-Earth). (space-to-Earth). (space-to-Earth).

722 727 730 731 731E 722 731E 731F 732 722 727 730 731E 722 731E 731F 732 722 731E 731F 732 .................... ....................

731F 732 733 733A 733 733A 732C 733D 731F 732 733 733A 733 733E US208 733 733E US208

733B 733E 733F 733E 733B 733E US260 US319 US260 US319

* * * * * * *

2483.5-2500 2483.5-2500 2483.5-2500 2483.5-2500 2483.5-2500

Fixed. Mobile. Fixed. Mobile. Fixed. Mobile. Radiodetermination Radiodetermination Satellite

Mobile-Satellite Radiodetermination Radiolocation. satellite (space-to- satellite (space-to- Communication (25).

(space-to-Earth). satellite (space-to- Mobile-Satellite Earth) 753A. Earth) 753A.

Radiolocation. Earth) 753A. (space-to-Earth). Mobile-Satellite Mobile-Satellite

Radiolocation. (space-to-Earth). (space-to-Earth).

Mobile-Satellite Radiodetermination- .................... .................... .................... ....................

(space-to-Earth). Satellite (space-to-

Earth). 753A.

733F 752 753 753A 752 753D 753F 752 753C 753F 752 753F US41 US319 752 753F US41 US319 .................... ....................

753B 753C 753F NG147

* * * * * * *

22.5-22.5 22.5-22.55 22.5-22.55

Fixed Fixed Fixed Domestic public

fixed (21).

Mobile Mobile Mobile Private operational

fixed microwave

(94).

22.55-23 US211 22.55-23 US211 22.55-23

Fixed Fixed Fixed Domestic public

fixed (21).

Inter-satellite Inter-satellite Inter-satellite Private operational

fixed microwave

(94).

Mobile Mobile Mobile Satellite

communications

(25).

879 879 US278 879 US278

* * * * * * *

24.25-24.45 fixed Radionavigation Radionavigation 24.25-24.45 Aviation (87).

Radionavigation

Fixed

Mobile

24.45-24.65 24.45-24.65 24.45-24.65 24.45-24.65 Satellite

Fixed Radionavigation Radionavigation Inter-satellite communication (25).

Inter-Satellite Inter-satellite Fixed Radiolocation-

Inter-satellite satellite (Earth-to-

Mobile space)

Inter-satellite Inter-satellite Fixed Radionavigation

Inter-satellite.

Mobile.

882E 882E 882E

24.65-24.75 24.65-24.75 24.65-24.75 24.65-24.75 Satellite

fixed. Inter-satellite. Fixed. Inter-satellite. communication (25).

Inter-satellite Radio-location- Inter-satellite. Radiolocation-

satellite (Earth-to- Mobile satellite (Earth-to-

space) space)

882E 882F

24.75-25.25 Fixed 24.75-25.25 24.75-25.25 24.75-25.25 Aviation (87).

Fixed-satellite Fixed Radionavigation

(Earth-to-space) Fixed-satellite

882G (Earth-to-space)

882G

882F

* * * * *

International Footnotes

* * * * *

731A--Removed.

731B--Removed.

731C--Removed.

731D--Removed.

* * * * *

731E--The use of the band 1610-1626.5 MHz by the mobile-

satellite service (Earth-to-space) and by the radiodetermination-

satellite service (Earth-to-space) is subject to the application of

the coordination and notification procedures set forth in Resolution

46 (WARC-92). A mobile earth station operating in either of the

services in this band shall not produce an e.i.r.p. density in

excess of -15 dB (W/4 kHz) in the part of the band used by systems

operating in accordance with the provisions of No. 732, unless

otherwise agreed by the affected administrations. In the part of the

band where such systems are not operating, a value of -3 dB (W/4

kHz) is applicable. Stations of the mobile-satellite service shall

not cause harmful interference to, or claim protection from,

stations in the aeronautical radionavigation service, stations

operating in accordance with the provisions of No. 732 and stations

in the fixed service operating in accordance with the provisions of

No. 730.

731F--The use of the band 1613.8-1626.5 MHz by the mobile-

satellite service (space-to-Earth) is subject to the application of

the coordination and notification procedures set forth in Resolution

46 (WARC-92).

* * * * *

733A--With respect to the radiodetermination-satellite and

mobile-satellite services the provisions of No. 953 do not apply in

the frequency band 1610-1626.5 MHz.

* * * * *

733E--Harmful interference shall not be caused to stations of

the radio astronomy service using the band 1610.6-1613.8 MHz by

stations of the radiodeterminaton-satellite and mobile-satellite

services. (No. 2904 applies.)

734--In making assignments to stations of other services,

administrations are urged to take all practicable steps to protect

the radio astronomy service in the band 1610.6-1613.8 MHz from

harmful interference. Emissions from space or air-borne stations can

be particularly serious sources of interference to the radio

astronomy service (see Nos. 343 and 344 and Article 36).

* * * * *

753--Different category of service: in France, the band 2450-

2500 MHz is allocated on a primary basis to the radiolocation

service (see No. 425). Such use is subject to agreement with

administrations having service operating or planned to operate in

accordance with the Table of Frequency Allocations which may be

affected.

* * * * *

753C--Different category of service: in Angola, Australia,

Bangladesh, Burundi, China, Cote d'Ivoire, Ethiopia, India, the

Islamic Republic of Iran, Israel, Italy, Jordan, Kenya, Lebanon,

Liberia, Libya, Madagascar, Mali, Pakistan, Papua, New Guinea,

Senegal, Sudan, Swaziland, Syria, Tanzania, Thailand, Togo, Zaire

and Zambia, the allocation of the band 2483.5-2500 MHz to the

radiodetermination-satellite service (space-to-Earth) is on a

primary basis (see No. 425) subject to agreement obtained under the

procedure of Article 14 with other countries not listed in this

provision.

* * * * *

753E--Removed.

753F--The use of the band 2483.5-2500 MHz by the mobile-

satellite and the radiodetermination-satellite services is subject

to the application of the coordination and notification procedures

set forth in Resolution 46 (WARC-92). Coordination of space stations

of the mobile-satellite and radiodetermination-satellite services

with respect to terrestrial services is required only if the power

flux-density produced at the Earth's surface exceeds the limits in

No. 2566. In respect of assignments operating in this band, the

provisions of Section II, paragraph 2.2 of Resolution 46 (WARC-92)

shall also be applied to geostationary transmitting space stations

with respect to terrestrial stations.

* * * * *

877--Removed.

878--Removed.

* * * * *

881A--Use of the 25.25-27.5 GHz band by the inter-satellite

service is limited to space research and Earth exploration-satellite

applications, and also transmissions of data originating from

industrial and medical activities in space.

881B--Space services using non-geostationary satellites

operating in the inter-satellite service in the band 27-27.5 GHz are

exempt from the provisions of No. 2613.

* * * * *

882E--The inter-satellite service shall not claim protection

from harmful interference from airport surface detection equipment

stations of the radionavigation service.

882F--Additional allocation: in Japan, the band 24.65-25.25 GHz

is also allocated to the radionavigation service on a primary basis

until 2008.

882G--In the band 24.75-25.25 GHz, feeder links to stations of

the broadcasting-satellite service shall have priority over other

users in the fixed-satellite service (Earth-to-space). Such other

uses shall protect and shall not claim protection from existing and

future operating feeder-link networks to such broadcasting satellite

stations.

* * * * *

890--Removed.

891--Removed.

* * * * *

United States (US) Footnotes

* * * * *

US319--In the 137-138, 148-149.9, 149.9-150.05, 399.9-400.05,

400.15-401, 1610-1626.5, and 2483.5-2500 MHz bands, Government

stations in the mobile-satellite service shall be limited to earth

stations operating with non-Government space stations.

* * * * *

NG147--Stations in the broadcast auxiliary service and private

radio services licensed as of July 25, 1985, or on a subsequent date

following as a result of submitting an application for license on or

before July 25, 1985, may continue to operate on a

radiodetermination satellite service.

* * * * *

[FR Doc. 94-4409 Filed 2-25-94; 8:45 am]

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