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Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Rules and Regulations
bands will be protected when introducing a new licensing regime to accommodate existing and future nonFederal launch activities. Until service rules for these bands are adopted, the Commission will continue to accept and process STA applications to approve and authorize commercial space launch activities. A separate STA will continue to be required for each launch and the Commission will coordinate these STAs with NTIA prior to each launch.
18. Use of spectrum other than 2200
2290 MHz for launch telemetry. The NPRM pointed out that three frequencies in the 23602395 MHz band are available for both Federal and nonFederal use for telemetry and telecommand of launch and reentry vehicles. The NPRM sought comment on the use of these and other frequencies as an alternative to the 22002290 MHz band for communications during launches. The NPRM also noted that the 23602395
MHz band is primarily used for aeronautical telemetry and telecommand operations for flight testing of aircraft and missiles and sought comment on whether the current and expected future use of the 2360
2395 MHz band for aeronautical telemetry for flight testing make it unsuitable for communications associated with launch activity. SpaceX, the Aerospace Industries Association, Boeing, the New Mexico Spaceport Authority, and the Commercial Spaceflight Federation assert that the 23602395 MHz band is not an appropriate alternative for telemetry because of the additional cost of supporting different frequency bands depending on whether a launch is Federal or non-Federal. Orbital ATK
claims that using this band would require the Federal launch ranges to modify their equipment and would require Orbital ATK to replace radios costing millions of dollars. The Aerospace and Flight Test Radio Coordinating Council AFTRCC
questions whether there is a demand for the frequencies in the 23602395 MHz band for launch telemetry, and it notes that the spectrum requirements for flight test in the band have changed dramatically since frequencies in the band were made available for space launch telemetry. The Commercial Spaceflight Federation supports keeping the 23602395 MHz band available for space launch telemetry as an alternative to 22002290 MHz, rather than as a replacement. Blue Origin views use of the 23602395 MHz band as an addition to the 22002290 MHz band and states that it would evaluate use of the band
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for future architectures that require additional transmitters. However, XCOR, which does support adding an allocation to 22002290 MHz, strongly encourages use of the 23602395 MHz band for commercial launch requirements because it would be able to use the same antenna for the nearby 2312.5 and 2352.5 MHz frequencies that it has been examining for telemetry use.
In the FNPRM, the Commission seeks comment on the technology development for the 23602395 MHz band.
19. The Commission concludes based on the record that other bands are not suitable alternatives to the 22002290
MHz band for telemetry to support space launch operations. No commenters supported use of 2360
2395 MHz as a replacement for the 22002290 MHz band. The increasing use of the 22002290 MHz band for space launch telemetry justifies the allocation the Commission is adopting.
Allowing access to the 22002290 MHz band for commercial space launches will allow space launch providers to benefit from the economies of scale inherent from using the same radio systems for both Federal agencies and commercial customers. Requiring commercial space launches to use another band, such as 23602395 MHz, would require space launch providers to develop separate communications systems for use depending on whether the space launch operation they are conducting is considered a Federal or non-Federal launch. Such an approach would impose considerable burden on the nascent commercial space launch industry, undermining the United States leadership on space-based services.
20. No Restriction to use at Federal Ranges. The NPRM proposed restricting the non-Federal Space Operation allocation for the 22002290 MHz band to use at Federal ranges. Federal ranges are designated areas over which rocket and missile launches occur. These ranges are typically located over sparsely populated areas or over the ocean, and they have a designated launch site and associated radar tracking facilities. This proposal would limit use of the allocation to Federal launch ranges, such as the eastern range, which extends eastward over the Atlantic Ocean from Cape Canaveral.
The NPRM stated that this restriction would limit the potential for interference to Federal operations to a few locations, and it asked whether this restriction would unduly limit the growth of the commercial space launch industry.

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21. All industry commenters who addressed this issue opposed the restriction to Federal launch ranges. The New Mexico Spaceport Authority is concerned that this restriction may prevent access to spectrum for launches at FAA-licensed commercial launch sites and argues that limiting use of this band to Federal ranges would be inconsistent with the National Space Policy. SpaceX claims to be pursuing a launch site that is not in a Federal range. The New Mexico Spaceport Authority and SpaceX suggest permitting use of the spectrum at both Federal ranges and FAA-licensed launch sites. Blue Origin would not be able to operate its New Shepard launch vehicle in its current configuration with the Federal range limitation, because it launches from a private site in West Texas that is not an FAA-licensed launch site and is not co-located with a Federal range. NTIA has requested that non-Federal use of the 22002290 MHz band be limited to use during space launches and pre-launch testing at Federal ranges and FAA-licensed launch sites.
22. The Commission will not restrict the locations where the new nonFederal allocation for the 22002290
MHz band may be used. The Commission recognizes that as the commercial space industry continues to develop, launches will likely not be limited to Federal ranges, and, consequently, the Commission does not believe it would be in the public interest to limit future non-Federal space launch operations to Federal ranges. The Commission also will not adopt the alternative suggested by NTIA and some commenters that the Commission limit use of this non-Federal allocation to FAA-licensed launch sites. As the FAA
does not require that all launches be conducted at locations where it has issued a launch site license, restricting use of the allocation to launches at FAA-licensed launch sites would prevent some launch providers from obtaining a license for this spectrum band. Regardless of where a launch occurs, the Commission will require coordination with NTIA. However, because of the expense involved in constructing a launch site and the need to conduct launches at remote locations because of safety concerns, the Commission expects the number of locations where launches will occur to remain small. Consequently, our decision should not significantly increase the burden on NTIA and Federal agency coordinators.
23. 420430 MHz and 56505925 MHz Bands. The NPRM also proposed new non-Federal allocations for the 420430

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