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Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules
the 17.317.7 GHz band is allocated to the FSS Earth-to-space and to the BSS
on a co-primary basis 5 and to the radiolocation services on a secondary basis. The adjacent 17.717.8 GHz band is allocated internationally in ITU
Region 2 to the fixed service, the BSS, the FSS in both the space-to-Earth and Earth-to-space directions on a primary basis and to the mobile service on a secondary basis.6 The 17.717.8 GHz band is allocated to the FSS Earth-tospace and to the fixed service on a coprimary basis in the U.S. Table.7
Historically, in the United States, the 17.317.8 GHz band has been used for FSS feeder 8 uplinks that transmit programming to Direct Broadcast Satellite DBS service 9 GSO space stations. DBS feeder link operations typically involve the use of large, highgain antennas at a limited number of individually licensed earth station locations. The DBS service satellites then downlink that video programming directly to consumers in the 12.212.7
GHz band. DBS is the principal means of delivering satellite television in the United States. U.S.-licensed DBS
providers include DIRECTV and DISH
Network.
In May 2007, the Commission adopted rules for a new service that satellite networks. Footnote 5.515 specifies that sharing between the FSS and BSS is governed by Appendix 30A, Annex 4, paragraph 1 of the Radio Regulations. 47 CFR 2.106. We note that the ITU
Region 2 area includes the United States. See 47
CFR 2.104b and 2.105a.
5 Provision of FSS in the band, however, is limited by footnote US271 to the U.S. Table to feeder links for BSS, and footnote NG163 limits BSS
use of the band to geostationary satellite systems.
47 CFR 2.106, nn. US271 and NG163.
6 Footnote 5.516 further limits Earth-to-space use of the band by the FSS to feeder links for the BSS
and in Region 2 to GSO satellite networks. Footnote 5.517 precludes FSS networks operating in the space-to-Earth direction from claiming protection from or causing harmful interference to BSS
assignments operating in conformance with the Radio Regulations. Footnote 5.515 specifies that sharing between the FSS and BSS is governed by Appendix 30A, Annex 4, paragraph 1 of the Radio Regulations. 47 CFR 2.106, nn. 5.515 and 5.516.
7 Footnote US271 further limits FSS use of the band Earth-to-space to feeder links for the BSS.
Footnote US334 permits operation of Federal FSS
space stations in the band subject to certain restrictions. 47 CFR 2.106, nn. US271 and US334.
8 A feeder link is defined as a radio link from a fixed earth station at a given location to a space station, or vice versa, conveying information for a space radiocommunication service other than the Fixed-Satellite Service. The given location may be at a specified fixed point or at any fixed point within specified areas. 47 CFR 25.103.
9 DBS is defined as a radiocommunication service in which signals transmitted or retransmitted by Broadcasting-Satellite Service space stations in the 12.212.7 GHz band are intended for direct reception by subscribers or the general public. 47 CFR 25.103. DBS operations are subject to the International Radio Regulation BSS
and Feeder-link Plans contained in Appendices 30
and 30A.

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would use the 17.317.8 GHz band in the space-to-Earth direction to provide BSS. This service, known as the 17/24
GHz BSS, 10 provides service downlinks to customers in the same 17.317.8 GHz band that is used for feeder uplinks to DBS space stations, i.e., reverse band operation. Although the 17/24 GHz BSS may use the entire 17.317.8 GHz band internationally, it may only provide service in the United States in the 17.317.7 GHz band. DBS
feeder link uplinks by contrast, operate in the entire 17.317.8 GHz band in the United States. At the same time that the Commission adopted rules for the 17/24
GHz BSS, it also sought comment on rules to avoid interference between DBS
and 17/24 GHz BSS operations, both inorbit space path interference and on the ground ground path interference. The Commission adopted technical rules to address space path interference in 2011 that included a requirement that 17/24 GHz BSS space stations locate at least 0.2 degrees from a DBS space station. In 2017, the Commission adopted rules to address ground path interference. Since rules were adopted for the 17/24 GHz BSS, a number of licenses or grants of U.S.
market access have been issued, but only a few of these licenses or grants remain in effect.
SES Americom Petition for Rulemaking On March 5, 2019, SES 11 petitioned the Commission to initiate a rulemaking proceeding to amend Parts 2 and 25 of the Commissions rules to authorize GSO FSS operations in the space-toEarth direction within the United States using the 17.317.7 GHz frequencies on a protected basis. On May 31, 2019, AT&T Services, Inc, AT&T and Telesat Canada Telesat filed comments in response to the SES Petition, and on June 17, 2019, SES filed reply comments.
10 17/24 GHz BSS is defined as a radiocommunication service involving transmission from one or more feeder-link earth stations to other earth stations via geostationary satellites, in the 17.317.7 GHz space-to-Earth domestic allocation, 17.317.8 GHz space-toEarth international allocation and 24.7525.25
GHz Earth-to-space bands. 47 CFR 25.103.
11 SES is a satellite company that, together with its affiliates, provides FSS to the United States with both GSO and non-geostationary orbit NGSO
satellites and associated earth stations. SES affiliate, SES17 S.a.r.l. was recently granted U.S. market access for its SES17 satellite that will use the 17.3
17.7 GHz band for downlink communications to gateway earth stations in the United States.
Operation of these FSS downlinks in the 17.317.7
GHz band space-to-Earth was granted through a waiver of the U.S. Table of Frequency Allocations and are on an unprotected, non-interference basis.
See, IBFS File No. SATPDR2019030500014
grant stamp dated May 8, 2020.

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SES proposes we modify the U.S.
Table to permit FSS downlinks on a coprimary basis in the 17.317.7 GHz band under its proposed technical rules.
SES contends that such an allocation would comport with Commission policies supporting flexible spectrum use.12 SES also notes that the international allocation to the BSS in the 12.212.7 GHz band is accompanied by a footnote to the allocation that permits assignment of this spectrum to FSS downlinks, provided that such transmissions do not cause more interference, or require more protection from interference, than the broadcasting-satellite service transmissions operating in conformance with the Plan or the List, as appropriate. Finally, SES notes that the Commission recently adopted rule changes permitting more diverse use of FSS in the feeder link frequencies associated with the 17/24 GHz BSS
service.13 SES argues that modifying Commission rules to permit protected FSS downlinks in the 17 GHz band will achieve the same objectives, promoting more robust use of spectrum and providing flexibility for satellite networks to respond to customer demand without impairing existing authorized use of the spectrum.
Telesat agrees with SES that FSS
licensees will be able to use the band following the same framework for location and operation of gateway earth stations that currently regulate BSS
feeder link operations in the band.
Telesat also states that Innovation, Science, and Economic Development Canada is currently considering similar changes to the Canadian Table of 12 In support of its position, SES cites the example of the Commissions decision in 2002 to allow non-conforming satellite use of DBS
spectrum, which concluded that relaxation of use restrictions would encourage the development of new telecommunications products and services.
SES Petition at 78 citing Policies and Rules for the Direct Broadcast Satellite Service, IB Docket No.
9821, Report and Order, 17 FCC Rcd 11331, 11401
2002.
13 SES Petition at 89 stating that in its Spectrum Frontiers proceeding, the Commission responded to requests by SES and other satellite industry interests for revision of the rules governing the 24.7525.25 GHz frequencies. SES notes that the Commission proposed and adjusted its rules to place FSS on the same footing as BSS feeder links in the Spectrum Frontiers proceeding, and this was consistent with the Commissions goals: increasing flexibility of use and spectrum efficiency, citing Use of Spectrum Bands Above 24 GHz for Mobile Radio Services, GN Docket No. 14177, Second Report and Order, Second Further Notice of Proposed Rulemaking, Order on Reconsideration, and Memorandum Opinion and Order, 32 FCC Rcd 10988, 1101720 2017 and Use of Spectrum Bands Above 24 GHz For Mobile Radio Services, Third Report and Order, Memorandum Opinion and Order, and Third Further Notice of Proposed Rulemaking, 33 FCC Rcd 5576, 5586 2018.

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