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Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Rules and Regulations
primary non-Federal allocation with the understanding that such a Table footnote is the legal equivalent of a Table allocation, while the Commercial Spaceflight Federation and XCOR have no preference between the two proposals. Blue Origin prefers adding a non-Federal co-primary allocation to the band. SpaceX states that it will need an additional 4 megahertz of bandwidth beyond what is provided in the proposals to support operations of its heavy lift launch vehicles. Orbital ATK
favors adding non-Federal allocations in the band at 2225.5 MHz, 2241.5 MHz, 2259.5 MHz, 2269.5 MHz, and 2288.5
MHz.
6. SpaceX states that the STA process is suboptimal as commercial space launches are occurring more frequently.
SpaceX explains that the STA process creates significant business planning challenges due to the lack of certainty regarding approval timing as it relates to the scheduled launch date as well as the inherent uncertainty of non-interference status. Both SpaceX and the Commercial Spaceflight Federation note that applicants have no visibility into the coordination process. According to SpaceX, implementing the proposed allocation will streamline licensing, reduce the amount of required coordination, and provide greater certainty regarding approvals. Orbital Sciences now Northrop Grumman endorses the addition of a co-primary allocation to a subset of the frequencies in the relevant band to remedy the STA
process shortcomingsnotably, that communications can be interrupted at any time and that it takes a significant amount of time to obtain STAs.
7. The Satellite Industry Association, Boeing, and Lockheed Martin argue that a non-Federal allocation in this band is unnecessary and that non-Federal launches currently enjoy de facto interference protection because they are coordinated with Federal frequency coordinators. Boeing claims that a nonFederal allocation will not simplify Federal coordination in these bands because non-Federal users will not be empowered to interfere with Federal users except to the extent coordinated with a Federal spectrum coordinator.
Boeing suggests that once SpaceX gains experience with the current process, it will realize that the process provides reliable interference-free access to launch spectrum and that the current well-understood and effective system should not be abandoned without a clear, superior alternative. Boeing also suggests that, instead of adding a nonFederal allocation, the Commission could adopt a U.S. Table footnote that provides that non-Federal stations may
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access the spectrum for launch operations without an allocation under the condition they may not cause harmful interference to Federal stations.
8. The Commission concludes that adopting a non-Federal secondary allocation for this band for use during commercial space launches will help meet the future needs of the growing commercial space industry. Adopting this new allocation is the first step in a process that will allow the Commission to adopt technical and other service rules to govern commercial launch operations which, in turn, will give operators more certainty with respect to spectrum use in these bands during commercial space launches. Access to spectrum under a more predictable, collaborative, and transparent regulatory process is important to the fledgling commercial space launch industry because of the large monetary investment required for each launch. By operating on a regular, licensed basis, commercial space operators will have certainty as to which frequency bands can be used for non-federal space launch operations, which will promote the advance planning and investment necessary for future space launch activities. Although there will be coordination with NTIA prior to each launch, the Commission will continue to work with NTIA to facilitate efforts to streamline the coordination process to further improve certainty with respect to spectrum access. The need for reliable access to launch spectrum is becoming even more important as commercial launch operators shift beyond cargo supply activities into manned space missions. SpaceX
recently completed a successful manned mission to the ISS and Boeing is developing a craft to take people to the ISS. The Commission also notes that the current process of obtaining an STA
places burdens on launch providers, which must prepare numerous duplicative applications. Significantly, SpaceX and Blue Origin, who have obtained dozens of STAs for spectrum in the 22002290 MHz band, favor an allocation in lieu of continued reliance on STAs. As the U.S. commercial space industry continues to expand, the Commission expect the burdens and uncertainties associated with continuing the current STA process would only increase.
9. The Commission is not convinced by the claims of several commenters that there is no need for change because the current STA process provides de facto interference protection. While that may be the case today when there are still relatively few launches, there is no guarantee that the current approach is
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sustainable as the number of commercial launches increases. In 2012, there were only seven Federal Aviation Administration FAA licensed commercial launches; in 2020, there were 39 FAA-licensed commercial launches. The Commission expect that number will continue to increase. In addition, use of private spaceports located outside of the established Federal ranges do not fit the existing pattern the Commission has established for issuing STAs. Thus, as the space launch landscape continues to evolve, the current ad hoc experimental licensing approach based on uncertain temporary authorizations becomes increasingly risky. The Commission also does not believe it is necessary to delay adopting an allocation for the 2200
2290 MHz band because of the time that has passed since the NPRM as several commenters suggest. The NPRM clearly raised the issue of whether the Commission should adopt an allocation for this band as a first step toward adopting service rules. The current record, including the comments received in response to the NPRM and the more recent ex parte filings, along with our experience issuing experimental licenses demonstrate that taking this step is the best course of action. In fact, there is nothing to suggest that the issues commenters have raised regarding the current STA
process have changed and our experience over the past eight years only further supports the need for a non-Federal allocation for this band.
10. Adopting a non-Federal Space Operation allocation for the 22002290
MHz band will allow us to develop rules that meet the specific needs of the commercial space industry, rather than trying to stretch the experimental rules to meet these unique needs. There are several reasons for this. First, because the dynamics for frequency use during launch activities are now well established, they are no longer considered truly experimental and should be transitioned to a set of permanent rules to bring certainty to the process. Second, because of the nature of experimentation, which often involves transmitters that have not gone through the equipment approval process, the rules governing experimental use do not provide any long term sustainability or interference protection from allocated services.
Third, the Commission finds that carving out a specific exemption from our experimental rules to provide interference protection for launch activitiesas requested by Boeing, Lockheed Martin, and the Satellite
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