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Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Rules and Regulations MHz and 56505925 MHz bands.
However, in recent ex parte submissions, several commercial space launch providers have indicated that they do not use either of these bands for their operations. The Commission has never granted an STA for the 420430
MHz band for space launches. In the past several years only one operator has obtained STAs for a small number of launches for the 56505925 MHz band.
Given the limited current use of these bands during space launches, the Commission is not convinced that there is need for new allocations for either band. Instead, the Commission seeks further comment on these proposed allocations in the accompanying FNPRM to determine the current need for these allocations.
24. Non-Federal Launch Definition.
The NPRM recognized that there can be confusion when trying to determine whether launch activity spectrum access requires authorization from NTIA or a license from the Commission. Under the Communications Act, the Commission has authority to issue licenses for radio stations except those belonging to and operated by the United States. The NPRM sought comment on how to determine whether a given launch is non-Federal or Federal for licensing purposes. It asked whether factors such as the nature of the payload, the location of the launch, the provider of the launch vehicle, and FAA
classification of the launch as commercial should be considered in making this determination.
25. All commenters addressing this issue urge the Commission to consider all launches licensed by the FAA to be non-Federal. SpaceX claims that none of the factors listed in the NPRM are conclusive and that relying on FAA
licensing provides the most predictable standard. Boeing and the Satellite Industry Association both point out the similarity between language in the NTIA
Manual of Regulations and Procedures for Federal Radio Frequency Management NTIA Manual or Redbook, focusing on who has effective control of the radio equipment, and the Commercial Space Launch Acts definition of a commercial launch provider, which focuses on who has primary control of the launch.
The Aerospace Industries Association goes further by suggesting that the Commission not require any additional licensing for launches not licensed by the FAA.
26. A threshold issue for deciding whether a Commission license is required is the Communications Acts provision excluding radio stations belonging to and operated by the
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United States from the Commissions jurisdiction. If radio equipment used during a launch both belongs to and is operated by the United States Government, no Commission license is necessary. Otherwise, a Commission license is required. While launches that require FAA licensing might be expected to involve operation of nonFederal stations and require a Commission license, our jurisdiction is defined in the Communications Act.
The key determination under the Communications Act is whether the radio equipment at issue belongs to and is operated by the United States Government. Consistent with the Communications Act, all radio equipment supporting space launches require a Commission license or authorization prior to transmitting, unless such equipment belongs to and is operated by the United States Government.
27. Orbital Debris Mitigation. Two commenters addressed the issue of orbital debris mitigation. XCOR
maintains that orbital debris mitigation associated with launch and reentry operations is the responsibility of the Secretary of Transportation, and that this responsibility has been delegated to the FAA. SpaceX also encourages the Commission to defer to the FAA
regarding orbital debris matters for commercial space transportation activities when it develops service rules following this rulemaking. In light of the Commissions ongoing proceeding regarding orbital debris, the Commission will not address orbital debris mitigation in this proceeding, but any rules adopted in that context may be applicable to space launch operations.
28. Regulatory Flexibility Analysis.
The Regulatory Flexibility Act of 1980, as amended RFA requires that an agency prepare a regulatory flexibility analysis for notice and comment rulemakings, unless the agency certifies that the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.
As required by the Regulatory Flexibility Act of 1980, as amended RFA, an Initial Regulatory Flexibility Analysis IRFA was incorporated in the Notice of Proposed Rulemaking NPRM
released in May 2013. The Commission sought written public comment on the proposals in the NPRM, including comments on the IRFA. No comments were filed addressing the IRFA. A Final Regulatory Flexibility Analysis FRFA
that conforms to the RFA was prepared and included in Appendix B of the Report and Order.

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29. Paperwork Reduction Act Analysis. This Report and Order does not contain new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 PRA, Public Law 10413. In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107198, see 44 U.S.C. 3506c4.
30. The Commission has determined, and the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, concurs that this rule is non-major under the Congressional Review Act, 5
U.S.C. 8042. The Commission will send a copy of this Report & Order to Congress and the Government Accountability Office pursuant to 5
U.S.C. 801a1A.
31. Accordingly, it is ordered that, pursuant to sections 1, 2, 4i, 5c, 301, 303c, 303f, and 303r of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154i, 155c, 301, 303c, 303f, and 303r, and section 1.411 of the Commissions rules, 47 CFR 1.411, this Report and Order and Further Notice of Proposed Rulemaking is hereby adopted.
32. It is further ordered that the amendments of Part 2 of the Commissions rules, as set forth in Appendix A, are adopted, effective thirty 30 days after publication in the Federal Register.
33. It is further ordered that the Commissions Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Report and Order and Further Notice of Proposed Rulemaking, including the Final and Initial Regulatory Flexibility Analyses, to the Chief Counsel for Advocacy of the Small Business Administration.
34. It is further ordered that the Commission shall send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C.
801a1A.
List of Subjects in 47 CFR Parts 2
Communications equipment, Radio, Telecommunications.
Federal Communications Commission.
Marlene Dortch, Secretary.

Final Rules For the reasons discussed in the preamble, the Federal Communications
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