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Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules In its comments AT&T asserts that we should make clear that any use of the 17.317.7 GHz band for FSS downlinks would be limited to fixed earth stations.
In reply, SES argues that the Commission should decline to prejudge this issue at the Notice stage, but rather should invite comment on the range of services that can effectively be provided by FSS in the band while remaining consistent with reasonable requirements to protect incumbent 17/24 GHz BSS
and DBS operations. While receiving FSS earth stations in the 17.317.8 GHz band should not pose an interference threat to incumbent DBS, 17/24 GHz BSS, or fixed service operations in the band, ESIMs could unduly constrain incumbent services if there is a requirement to protect receiving ESIM
stations in the band.
At this time, we do not propose to amend 25.202a8 or 10 of our rules to permit operation of ESIMs in the 17.317.8 GHz band. We ask, however, whether such a modification could increase FSS operators flexibility to use the band more efficiently, while still protecting and allowing sufficient flexibility for the operations of incumbent services. If so, what other modifications to our rules might be required to permit operation of ESIMs while protecting incumbent services and not imposing any undue constraints on their current and future operations in the band. The U.S. Table now includes footnotes in certain frequency bands that expressly preclude ESIMs from claiming protection from the transmissions of non-Federal stations in the fixed service.64 Would it be reasonable, for example, to allow ESIMs to receive FSS transmissions in the band if they were similarly denied protection from co-frequency DBS feeder link transmissions? We seek comment on this possibility, and on any consequences that may result to incumbent services. Commenter should discuss any benefits and costs of allowing ESIMs, including consequences affecting current and future use of the band by the incumbent satellite and fixed services.
Finally, we ask whether there are any other measures we should adopt in this proceeding to protect FSS receiving earth stations from DBS feeder link transmissions in the 17.317.8 GHz band.
Other Proposed Rule Changes Various conforming modifications to our rules are required as a result of the changes proposed above. We propose to 64 See e.g., 47 CFR 2.106, nn. NG457A and NG527A.

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modify the definition of a two-degree compliant space station in 25.103 to include FSS satellites transmitting in the 17.317.8 GHz band. In addition, we propose to modify 25.114 to identify 17.317.8 GHz space-to-Earth FSS
applicants alongside information requirements applicable to such applications, specifically in 25.114d7, 15 and 18. We similarly propose to modify 25.115e to identify the information required for receiving earth station applicants in this band. Finally, we modify 25.117d2v to permit 17.317.8
GHz FSS operators to modify certain restrictions that might be associated with their licenses according to the same procedures afforded to 17/24 GHz BSS operators. We seek comment on these and any other needed rule changes.
Radio Astronomy. We note that current Part 25 rules include some rules to coordinate with radio astronomy in various bands. Section 25.203f, for example, requires any applicant for a transmitting earth station in the vicinity of certain radio astronomy observatory sites, including Green Bank, West Virginia, to notify the National Radio Astronomy Observatory. We seek comment on whether there is a need for any measures, other than those in the current rules, that the Commission should consider with respect to radio astronomy in the adjacent 17.217.3
GHz band.
Defining the Extended Ka-Band and Creating Rules for Routine License Application Processing in This Band In the Part 25 Second Report and Order, the Commission adopted definitions for conventional and extended C-bands, conventional and extended Ku-bands and the conventional Ka-band. At the same time, the Commission extended routine licensing processing criteria with respect to off-axis EIRP density limits for conventional Cand Ku-band earth stations in 25.218 to earth station operations in the extended Cand Kubands. Although at that time the Commission neither defined the extended Ka-band nor extended routine licensing processing criteria to any such frequencies, we propose to do so now.
Definition of Extended Ka-band. We propose to define the extended Ka-band in 25.103 as 17.318.3 GHz space-toEarth, 18.819.4 GHz space-to-Earth, 19.619.7 GHz space-to-Earth, 27.5
28.35 GHz Earth-to-space and 28.6
29.1 GHz, Earth-to-space. These are frequency bands that include either primary or secondary allocations to the GSO FSS, apart from the conventional
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Ka-band 65 and those bands where FSS
use is limited solely to MSS feeder links.66 We seek comment on this proposal.
Routine License Application Processing Criteria for Extended Kaband Earth Stations. Our current rules contain no provisions to afford routine license application processing to earth stations seeking to operate in extended Ka-band frequencies.67 We propose to extend the routine license application processing criteria for conventional Ka-band earth stations contained in 25.218i to extended Kaband earth stations communicating with GSO space stations. We propose modifications to 25.218a and j consistent with this approach. Routine license application processing criteria with respect to off-axis EIRP density limits specified in the rules will expedite processing of earth station applications for these bands and are consistent with our earlier decision to adopt such routine processing limits for space station transmissions in the extended Cand Ku-bands. We seek comment on this proposal.68
In addition, 25.212e affords an alternative approach to routine license application processing of FSS earth stations transmitting to GSO satellites in the conventional Ka-band that permits such applicants to demonstrate compliance with off-axis gain and accompanying input power density levels. Accordingly, we propose to extend this approach to earth station applicants seeking to operate in the extended Ka-bands by modifying 25.212e and h 69 to permit such applicants to similarly demonstrate compliance with the off-axis gain requirements in 25.209a and b combined with an input power density limit of 3.5 dBW/MHz. We also propose 65 The conventional Ka-band includes the 18.3
18.8 GHz space-to-Earth, 19.720.2 GHz space-toEarth, 28.3528.6 GHz Earth-to-space, and 29.25
30.0 GHz Earth-to-space frequency bands.
66 These include the 19.419.6 GHz space-toEarth and 29.129.25 GHz Earth-to-space frequency bands.
67 See 47 CFR 25.218 allowing certain earth station applications to be routinely processed in certain frequency bands if the applicant certifies that the aggregate off-axis EIRP density will not exceed the off-axis EIRP density limits specified in this rule.
68 We note that nothing in this routine license application process proposal should be construed as affecting or modifying any other applicable rules and obligations, including for example the criteria in Section 25.136 governing earth station siting rules applicable to FSS earth stations in the 27.5
28.35 GHz band. See 47 CFR 25.136.
69 47 CFR 25.212h. This section addresses an alternative rules section for earth station applications that do not qualify for routine licensing. It requires a consequential modification to include reference to the extended Ka-band.

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