FCC Web Documents citing 2.105
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- find that it is in the public interest to condition, as specified below, Granite's operations on protecting maritime communications, including Coast Guard operations, from interference. See 47 C.F.R. § 2.106, Table of Frequency Allocations. Although Coast Guard access to 156.250 MHz is permitted, the allocation of the frequency for non-federal use is within the Commission's jurisdiction. Cf. 47 C.F.R. § 2.105(d)(1), (5)(ii); 47 C.F.R. § 2.106, United States (US) Footnotes, US77 (noting that ``Federal stations may also be authorized'' for specified maritime uses) (emphasis added). In the State of Montana, specific conditions were not imposed on the use of the frequency adjacent to the ship and private coast station frequency. See generally State of Montana, 19 FCC Rcd at 9818-19 ¶
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- interest to condition, as specified below, Silverbow's operations on protecting maritime communications, including Coast Guard operations, from interference. See 47 C.F.R. § 2.106, Table of Frequency Allocations. Although access by Federal stations, including the Coast Guard, to the above four frequencies is permitted, the allocation of the frequencies for non-federal use is within the Commission's jurisdiction. Cf. 47 C.F.R. § 2.105(d)(1), (5)(ii); 47 C.F.R. § 2.106, United States (US) Footnotes, US77 (noting that ``Federal stations may also be authorized'' for specified maritime uses) (emphasis added). In the State of Montana, specific conditions were not imposed on the use of the frequency adjacent to the ship and private coast station frequency. See generally State of Montana, 19 FCC Rcd at 9818-19 ¶
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- § 26.101(a). 47 C.F.R. § 26.209(a). Table of Frequency Allocations, 47 C.F.R. § 2.106, international footnote S5.442. The aeronautical mobile service is defined as a mobile service between aeronautical stations and aircraft stations, or between aircraft stations. 47 C.F.R. § 2.1(c). Footnote S5.442 also limits the sub-band 4825-4835 MHz to the mobile, except aeronautical mobile, service. See 47 C.F.R. § 2.105(c)(2) (setting forth restrictions for secondary services). Per international footnote S5.443, in Argentina, Australia, and Canada, the allocation of the sub-bands 4825-4835 MHz and 4950-4990 MHz to the radio astronomy service is on a primary basis. Table of Frequency Allocations, 47 C.F.R. § 2.106, international footnote S5.149. Table of Frequency Allocations, 47 C.F.R. § 2.106, international footnote S5.339. See Table of
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- Ex Parte at 2. Id. at 3-4. See Improving Public Safety Communications in the 800 MHz Band, WT Docket No. 02-55, Report and Order, 19 FCC Rcd 14969, 14971 ¶ 1 (2004) (``800 MHz Report and Order''). See 700 MHz Further Notice, 22 FCC Rcd at 8137 ¶ 199. 47 U.S.C §§ 316, 303, 301, 154(i). . 47 C.F.R. § 2.105(c)(2). 47 U.S.C. § 316; 47 C.F.R. § 1.87. See Access Spectrum/Pegasus July 6, 2007 Ex Parte; Access Spectrum/Pegasus July 26, 2007 Ex Parte. 47 U.S.C. § 337(a), as enacted by the Balanced Budget Act of 1997, Pub. L. No. 105-33, Title III, 111 Stat. 251 (1997). Section 337(a) provides in pertinent part: (a) . . . the Commission shall allocate
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- MTN requested to extend its STA to January 30, 2001. These two satellites are New Skies 513, located at 183° E.L., and New Skies 803, located at 338.5° E.L. See Application File No. SES-LIC-19980911-01273, Form 312, Exh. C, as amended by Application File No. SES-LIC-19981204-02004. "Primary" services can claim protection from harmful interference from secondary services. See 47 C.F.R. § 2.105. Further, once coordinated, primary services can also claim protection from harmful interference from any new primary services. Letter from Helen E. Disenhaus and Eliot J. Greenwald, Counsel for MTN, to Ronald Repasi, Chief, Satellite Engineering Branch, International Bureau, Federal Communications Commission, dated June 6, 2000 (June 6, 2000 Letter). MTN also revised its requested points of communication for its dockside
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- 25.114(c)(13); 1985 Orbit Assignment Order at 1272. See 47 C.F.R. § 25.208(b). Allocation of a given frequency band for a particular service on a primary basis entitles operators to protection against harmful interference from stations of "secondary" services. Further, secondary services cannot claim protection from harmful interference caused by stations of a primary service. See 47 C.F.R. §§ 2.104(d) and 2.105(c). Use of the band by the FSS domestically in the United States is subject to certain restrictions. Specifically, Non-Government footnote NG104 to the U.S. Table of Frequency Allocations states that the use of the bands 10.7-11.7 GHz in the fixed-satellite service is limited to international systems, i.e. "other than domestic systems." The Commission interpreted this language to mean that U.S.-licensed
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- 25.114(c)(13); 1985 Orbit Assignment Order at 1272. See 47 C.F.R. § 25.208(b). Allocation of a given frequency band for a particular service on a primary basis entitles operators to protection against harmful interference from stations of "secondary" services. Further, secondary services cannot claim protection from harmful interference caused by stations of a primary service. See 47 C.F.R. §§ 2.104(d) and 2.105(c). Use of the band by the FSS domestically in the United States is subject to certain restrictions. Specifically, Non-Government footnote NG104 to the U.S. Table of Frequency Allocations states that the use of the bands 10.7-11.7 GHz in the fixed-satellite service is limited to international systems, i.e. "other than domestic systems." The Commission interpreted this language to mean that U.S.-licensed
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- on a co-primary basis have equal rights to operate in a particular frequency band. Stations operating in primary services can claim protection from harmful interference from stations in secondary services. Moreover, stations operating in a secondary service allocation cannot cause harmful interference to, nor claim protection from, harmful interference from stations of a primary service. 47 C.F.R. §§ 2.104(d) and 2.105(c). See 47 C.F.R. § 2.106, US Footnote 258. 47 C.F.R. § 2.106, US Footnote 90. 47 C.F.R. § 2.106. 47 U.S.C. § 308(b). See, e.g., Second Report and Order in Gen. Docket No. 84-1234, 2 F.C.C. Rcd. 485, 488 (1987). See, e.g., Amendment of the Commission's Rule to Establish Rules and Policies Pertaining to a Non-Voice, Non-Geostationary Mobile-Satellite Service, 8
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- to launch and operate a replacement satellite. See 47 C.F.R. § 25.208(b). Allocation of a given frequency band for a particular service on a primary basis entitles operators to protection against harmful interference from stations of "secondary" services. Further, secondary services cannot claim protection from harmful interference caused by stations of a primary service. See 47 C.F.R. §§ 2.104(d) and 2.105(c). Services allocated to particular frequency bands on "co-primary" basis have equal rights to operate in those frequencies. In ITU Region 2, which includes the United States, the 11.7-12.1 GHz frequency band is allocated to FSS on a primary basis. Footnote 837 to the Table of Frequency Allocations specifies that in Canada, Mexico and the United States use of the 11.7-12.1
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- 9). MTN Order, 15 FCC Rcd at 23215 (para. 11). Set-Aside Order, 15 FCC Rcd 19572. Set-Aside Order, 15 FCC Rcd at 19572 (para. 1). See MTN Order, 15 FCC Rcd at 23213 (para. 6). See MTN Order, 15 FCC Rcd at 23213 (para. 6). "Primary" services can claim protection from harmful interference from secondary services. See 47 C.F.R. § 2.105. Further, once coordinated, primary services can also claim protection from harmful interference from any new primary services. See MTN Order, 15 FCC Rcd at 23213 (para. 6). MTN Order, 15 FCC Rcd at 23218 (para. 20). MTN Order, 15 FCC Rcd at 23220 (para. 24), citing Section 25.277(a) of the Commission's rules, 47 C.F.R. § 25.277(a). Section 25.277(a) states that
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- First Report and Order''). See 18 GHz Band Report and Order. Stations operating in primary services are protected against interference from stations of ``secondary'' services. Moreover, stations operating in a secondary service cannot claim protection from harmful interference from stations of a primary service. ``Co-Primary'' services have equal rights to operate in particular frequencies. See 47 C.F.R §§ 2.104(d) and 2.105(c). See 47 C.F.R. § 2.106 US334. See 18 GHz Report and Order, 15 FCC Rcd at 13473 ¶ 90. The power flux-density limits in the 18.3-18.6 GHz band are -115/-105 dB (W/m2) in any one megahertz band, depending upon the angle of arrival. There are currently no power flux-density limits in the 19.7-20.2 GHz band. See Letter from William T.
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- Order''). 18 GHz Band Report and Order, 15 FCC Rcd 13430. Stations operating in primary services are protected against interference from stations of ``secondary'' services. Moreover, stations operating in a secondary service cannot claim protection from harmful interference from stations of a primary service. ``Co-Primary'' services have equal rights to operate in particular frequencies. See 47 C.F.R §§ 2.104(d) and 2.105(c). 1998 Celsat Amendment at 2. 2000 Celsat Amendment at pp. 2-3. See 47 C.F.R. § 25.116 2 GHz MSS Order, 15 FCC Rcd at 16157 ¶ 71. 47 C.F.R. § 25.258. 1998 Celsat Amendment at 2. 2000 Celsat Amendment at pp. 2-3. See 28 GHz Band First Report and Order, 11 FCC Rcd 19005, as modified in 18 GHz Band
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- 18 GHz Band Report and Order, 15 FCC Rcd 13,430 (2000). Stations operating in primary services are protected against interference from stations of ``secondary'' services. Moreover, stations operating in a secondary service cannot claim protection from harmful interference from stations of a primary service. ``Co-Primary'' services have equal rights to operate in particular frequencies. See 47 C.F.R §§ 2.104(d) and 2.105(c). See 28 GHz Band First Report and Order, 11 FCC Rcd 19005 (1996), as modified in 18 GHz Band Report and Order at 13443, ¶ 28. See 47 C.F.R. § 2.106 US334. See 18 GHz Report and Order, 15 FCC Rcd at 13473 ¶ 90. The power flux-density limits in the 18.3-18.6 GHz band are -115/-105 dB (W/m2) in any
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- Proposed Rulemaking and Supplemental Tentative Decision, 11 FCC Rcd 53, 73 (1995). Stations operating in primary services are protected against interference from stations of ``secondary'' services. Stations operating in a secondary service cannot claim protection from harmful interference from stations of a primary service. ``Co-primary'' services have equal rights to operate in particular frequencies. See 47 C.F.R. §§ 2.104(d) and 2.105 (c). See also, Rulemaking to Amend Parts 1, 2, 21 and 25 of the Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band, to Reallocate the 29.5-30.0 GHz Frequency Band, to Establish Rules and Policies for Local Multipoint Distribution Service and for Fixed Satellite Services, Third Report and Order, 12 FCC Rcd 22310, 22325-26 (1997), Memorandum Opinion and Order, FCC
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- (order on petition for clarification or reconsideration). Stations operating in primary services are protected against interference from stations of ``secondary'' services. Stations operating in the secondary service cannot cause harmful interference to or claim protection from harmful interference from stations of a primary service. ``Co-Primary'' services have equal rights to operate in particular frequencies. See 47 C.F.R. § 2.104(d) and 2.105(c); Ka-Band Service Rules, 12 FCC Rcd at 22325. GE American Communications, Inc., Application for Authority to Construct, Launch and Operate a Ka-band Satellite System in the Fixed Satellite Service, Order and Authorization, 12 FCC Rcd 6475 (Int'l Bur. 1997). 17° W.L., 85° W.L., 105° W.L, 56° E.L., and 114.5° E.L. In January 2001, we modified GE Americom's license to allow
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- Order''). 18 GHz Band Report and Order, 15 FCC Rcd 13430. Stations operating in primary services are protected against interference from stations of ``secondary'' services. Moreover, stations operating in a secondary service cannot claim protection from harmful interference from stations of a primary service. ``Co-Primary'' services have equal rights to operate in particular frequencies. See 47 C.F.R §§ 2.104(d) and 2.105(c). Rulemaking to Amend Parts 1, 2, 21, and 25 of the Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band, to Reallocate the 29.5-30.0 GHz Frequency Band, to Establish Rules and Policies for Local Multipoint Distribution Service and for Fixed Satellite Services, Memorandum Opinion and Order, FCC 01-172 (released May 25, 2001) (``Reconsideration of Ka-Band FSS Rules Order''). See 28
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- First Report and Order''). See 18 GHz Band Report and Order. Stations operating in primary services are protected against interference from stations of ``secondary'' services. Moreover, stations operating in a secondary service cannot claim protection from harmful interference from stations of a primary service. ``Co-Primary'' services have equal rights to operate in particular frequencies. See 47 C.F.R §§ 2.104(d) and 2.105(c). See 28 GHz Band First Report and Order, 11 FCC Rcd 19005, as modified in 18 GHz Band Report and Order 15 FCC Rcd at 13443, ¶ 28. See 47 C.F.R. § 2.106 US334. See 18 GHz Report and Order, 15 FCC Rcd at 13473 ¶ 90. The power flux-density limits in the 18.3-18.6 GHz band are -115/-105 dB (W/m2)
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- Order''). 18 GHz Band Report and Order, 15 FCC Rcd 13430. Stations operating in primary services are protected against interference from stations of ``secondary'' services. Moreover, stations operating in a secondary service cannot claim protection from harmful interference from stations of a primary service. ``Co-Primary'' services have equal rights to operate in particular frequencies. See 47 C.F.R §§ 2.104(d) and 2.105(c). LMC Application at 99-101. LMC Consolidated Opposition at pp. 40-41. LMC Consolidated Opposition at pp. 39-40 and n. 109. LMC Application at p. 37. Memorandum Opinion and Order, Rulemaking to Amend Parts 1, 2, 21, and 25 of the Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band, to Reallocate the 29.5-30.0 GHz Frequency Band, to Establish Rules and Policies
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- First Report and Order''). See 18 GHz Band Report and Order. Stations operating in primary services are protected against interference from stations of ``secondary'' services. Moreover, stations operating in a secondary service cannot claim protection from harmful interference from stations of a primary service. ``Co-Primary'' services have equal rights to operate in particular frequencies. See 47 C.F.R §§ 2.104(d) and 2.105(c). See 28 GHz Band First Report and Order, 11 FCC Rcd 19005, as modified in 18 GHz Band Report and Order, 15 FCC Rcd at 13443, ¶ 28. See 47 C.F.R. § 2.106 US334. See 18 GHz Report and Order, 15 FCC Rcd at 13473 ¶ 90. The power flux-density limits in the 18.3-18.6 GHz band are -115/-105 dB (W/m2)
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- Order''). 18 GHz Band Report and Order, 15 FCC Rcd 13430. Stations operating in primary services are protected against interference from stations of ``secondary'' services. Moreover, stations operating in a secondary service cannot claim protection from harmful interference from stations of a primary service. ``Co-Primary'' services have equal rights to operate in particular frequencies. See 47 C.F.R §§ 2.104(d) and 2.105(c). See 28 GHz Band First Report and Order, 11 FCC Rcd 19005, as modified in 18 GHz Band Report and Order, 15 FCC Rcd at 13443, ¶ 28. See 47 C.F.R. § 2.106 US334. See 18 GHz Report and Order, 15 FCC Rcd at 13473 ¶ 90. The power flux-density limits in the 18.3-18.6 GHz band are -115/-105 dB (W/m2)
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- Order''). 18 GHz Band Report and Order, 15 FCC Rcd 13430. Stations operating in primary services are protected against interference from stations of ``secondary'' services. Moreover, stations operating in a secondary service cannot claim protection from harmful interference from stations of a primary service. ``Co-Primary'' services have equal rights to operate in particular frequencies. See 47 C.F.R §§ 2.104(d) and 2.105(c). PanAmSat Application, Exhibits 1-6, Table 2. Id. See 28 GHz Band First Report and Order, 11 FCC Rcd 19005, as modified in 18 GHz Band Report and Order, 15 FCC Rcd at 13443, ¶ 28. See 47 C.F.R. § 2.106 US334. See 18 GHz Report and Order, 15 FCC Rcd at 13473, ¶ 90. The power flux-density limits in the
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- Order), FCC 00-212, 15 FCC Rcd 13430 (rel. June 22, 2000). Stations operating in primary services are protected against interference from stations of ``secondary'' services. Moreover, stations operating in a secondary service cannot claim protection from harmful interference from stations of a primary service. ``Co-Primary'' services have equal rights to operate in particular frequencies. See 47 C.F.R §§ 2.104(d) and 2.105(c). Pegasus Application at p. 17. See 28 GHz Band First Report and Order, 11 FCC Rcd 19005, as modified in 18 GHz Band Report and Order, 15 FCC Rcd at 13443, ¶ 28. See 47 C.F.R. § 2.106 US334. See 18 GHz Report and Order, 15 FCC Rcd at 13473 ¶ 90. The power flux-density limits in the 18.3-18.6 GHz
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- 18 GHz Band Report and Order, 15 FCC Rcd at 13443-54. Stations operating in primary services are protected against interference from stations of ``secondary'' services. Moreover, stations operating in a secondary service cannot claim protection from harmful interference from stations of a primary service. ``Co-Primary'' services have equal rights to operate in particular frequencies. See 47 C.F.R §§ 2.104(d) and 2.105(c). See 47 C.F.R. § 2.106 US334. Government GSO space stations have been authorized by the National Telecommunications and Information Administration at 144° W.L., 141° W.L., 69° W.L., 65° W.L., 60° W.L., 30° W.L., 24° W.L., 13° W.L., 10° W.L., 0° E.L., 44° E.L., 75° E.L., 82° E.L., 92° E.L., and 110° E.L. See 18 GHz Report and Order, 15 FCC
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- Order''). 18 GHz Band Report and Order, 15 FCC Rcd 13430. Stations operating in primary services are protected against interference from stations of ``secondary'' services. Moreover, stations operating in a secondary service cannot claim protection from harmful interference from stations of a primary service. ``Co-Primary'' services have equal rights to operate in particular frequencies. See 47 C.F.R §§ 2.104(d) and 2.105(c). See 28 GHz Band First Report and Order, 11 FCC Rcd at 19023-31. 28 GHz Band First Report and Order, 11 FCC Rcd at 19030. Ka-Band FSS Rules Order, 12 FCC Rcd at 22327. Id. Ka-band FSS Rules Order, 12 FCC Rcd at 22326. Id. Technical Annex to TRW Amendment at pp. 1, 6-7. Technical Annex to TRW Amendment at
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- Rcd 22310, 22326 (1997) (``Ka-Band Service Rules''). Stations operating in primary services are protected against interference from stations of secondary services. Stations operating in the secondary service cannot cause harmful interference to or claim protection from harmful interference from stations of a primary service. Co-Primary services have equal rights to operate in particular frequencies. See 47 C.F.R. § 2.104(d) and 2.105(c); Ka-Band Service Rules, 12 FCC Rcd at 22325. See In the Matter of Lockheed Martin Corporation Application for Authority to Construct, Launch, and Operate a Ka-band Satellite System in the Fixed Satellite Service, 12 FCC Rcd 23014 (Int'l Bur. 1997) (``Astrolink Authorization Order''). The five orbital locations are 97º W.L., 21.5º W.L., 2º E.L., 130º E.L, and 175.25º E.L. See
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- First Report and Order''). See 18 GHz Band Report and Order. Stations operating in primary services are protected against interference from stations of ``secondary'' services. Moreover, stations operating in a secondary service cannot claim protection from harmful interference from stations of a primary service. ``Co-Primary'' services have equal rights to operate in particular frequencies. See 47 C.F.R §§ 2.104(d) and 2.105(c). See 28 GHz Band First Report and Order, 11 FCC Rcd 19005, as modified in 18 GHz Band Report and Order 15 FCC Rcd at 13443, ¶ 28. See 47 C.F.R. § 2.106 US334. See 18 GHz Report and Order, 15 FCC Rcd at 13473 ¶ 90. The power flux-density limits in the 18.3-18.6 GHz band are -115/-105 dB (W/m2)
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- Corp. (February 6, 2002) at p. 2. Id. Id. 47 C.F.R. § 25.208. Allocation on a given frequency band for a particular service on a primary basis entitles operators to protection against harmful interference from stations of ``secondary'' services. Further, secondary services cannot claim protection from harmful interference caused by stations of a primary service. 47 C.F.R. §§ 2.104(d) and 2.105(c). 47 C.F.R. § 2.106 footnote NG104. Assignment of Orbital Locations to Space Stations in the Domestic Fixed Satellite Service and the Applications of GE American Communications, Inc., Order and Authorization, 15 FCC Rcd 3385 (Int'l Bur. 1999). PanAmSat Application, Exhibit 1b. See Amendment of Parts 2, 25, and 90 of the Commission's Rules to Allocate the 13.75-14.0 GHz Band to
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- to Don Abelson, Chief, International Bureau, FCC (February 28, 2002). Id. Id. Allocation of a given frequency band for a particular service on a primary basis entitles operators to protection against harmful interference from stations of "secondary" services. Further, secondary services cannot claim protection from harmful interference caused by stations of a primary service. See 47 C.F.R. §§ 2.104(d) and 2.105(c). Use of the band by the FSS domestically in the United States is subject to certain restrictions. Specifically, Non-Government footnote NG104 to the U.S. Table of Frequency Allocations states that the use of the bands 10.7-11.7 GHz in the fixed-satellite service is limited to international systems, i.e. "other than domestic systems." The Commission interpreted this language to mean that U.S.-licensed
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- report prohibited communications in writing to the Commission immediately, but in no case later than five business days after the communication occurs. Part 1 Seventh Report and Order, 16 FCC Rcd at 17555, ¶ 17. In the United States, radio spectrum may be allocated for exclusive Federal Government use, exclusive non-Federal Government use, or shared use. See 47 C.F.R. § 2.105(b). Mixed use is a type of shared use whereby Federal Government use is limited by geographic area, by time, or by other means so as to guarantee that the potential use by Federal Government stations is substantially less than the potential use to be made by non-Federal Government stations. See OBRA-93 at § 113(b)(2)(B). See also 47 U.S.C. § 923(b)(2)(B).
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- of these international footnotes. These international footnotes shall be listed immediately below this note in I. Until such time as the Commission has considered the substantively revised international footnotes that have previously been adopted domestically, certain of the old international footnotes shall apply in the United States. These footnotes appear immediately after footnote 5.565 in II.'' See 47 C.F.R. § 2.105(b). See 47 C.F.R. § 2.105(a). Id. Prior to its revision at WRC-2000, international footnote 5.149 read as follows: ``In making assignments to stations of other services to which the bands: 13,360-13,410 kHz, 25,550-25,670 kHz, 37.5-38.25 MHz, 73-74.6 MHz in Regions 1 and 3, 150.05-153 MHz in Region 1, 322-328.6 MHz*, 406.1-410 MHz, 608-614 MHz in Regions 1 and 3, 1330-1400
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- 47 C.F.R. § 2.106 contains the United States Table of Allocations. Columns 4 through 7 are divided into the Government Table of Frequency Allocation and the Non-Government Table of Frequency Allocations. The Government plan (shown in column 4) is administered by the NTIA, and the non-Government plan (shown in column 5) is administered by the FCC. See 47 C.F.R. § 2.105. ``Non-Government'' means an entity which is not a Federal entity. Thus, for example, Alaska is deemed a non-Government entity because it is not a Federal entity. The NTIA serves as the principal adviser to the President, Vice President, and Secretary of Commerce on domestic and international communications and information issues and represents the Executive Branch before Congress, other Federal agencies,
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- FCC Rcd at 10765-66 (para. 4). 47 C.F.R. § 2.106 and 25.202(a)(1). Allocation of a given frequency band to a particular service on a primary basis entitles operators to protection against harmful interference from stations of ``secondary'' services. Further, secondary services cannot claim protection from harmful interference caused by stations of a primary service. See 47 C.F.R. §§ 2.104(d) and 2.105(c). 47 C.F.R. § 2.106 footnote NG104 states ``[t]he use of the bands 10.7-11.7 GHz (space-to-Earth) and 12.75-13.25 GHz (Earth-to-space) by the fixed-satellite service in the geostationary-satellite orbit shall be limited to international systems, i.e. other than domestic systems.'' 47 C.F.R. § 25.202(a)(1) footnote 2 states ``[u]se of this band by geostationary satellite orbit satellite systems in the fixed-satellite service is
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- FCC Rcd at 10765-66 (para. 4). 47 C.F.R. § 2.106 and 25.202(a)(1). Allocation of a given frequency band to a particular service on a primary basis entitles operators to protection against harmful interference from stations of ``secondary'' services. Further, secondary services cannot claim protection from harmful interference caused by stations of a primary service. See 47 C.F.R. §§ 2.104(d) and 2.105(c). 47 C.F.R. § 2.106 footnote NG104 states ``[t]he use of the bands 10.7-11.7 GHz (space-to-Earth) and 12.75-13.25 GHz (Earth-to-space) by the fixed-satellite service in the geostationary-satellite orbit shall be limited to international systems, i.e. other than domestic systems.'' 47 C.F.R. § 25.202(a)(1) footnote 2 states ``[u]se of this band by geostationary satellite orbit satellite systems in the fixed-satellite service is
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- 2.106 shows the United States Table of Allocations. On the table, Columns 4 through 7 are divided into the Government Table of Frequency Allocation and the Non-Government Table of Frequency Allocations. The Government plan (shown in column 4) is administered by the NTIA, and the non-Government plan (shown in column 5) is administered by the Commission. See 47 C.F.R. § 2.105. "Non-Government" means an entity which is not a Federal entity. Thus, for example, Alaska is deemed a non-Government entity because it is not a Federal entity. See Report and Order, 2 FCC Rcd 825 (1987). In an earlier Commission order, the 422.1875-425.4875 MHz and 427.1875-429.9875 MHz bands were allocated for private land mobile use on a primary basis within 50
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- A, p. 1. 83W Application at p. 8. 47 C.F.R. §§2.106 and 25.202(a)(1). Allocation of a given frequency band to a particular service on a primary basis entitles operators to protection against harmful interference from stations of ``secondary'' services. Further, secondary services cannot claim protection from harmful interference caused by stations of a primary service. See 47 C.F.R. §§2.104(d) and 2.105(c). Co-primary means that both services share the band on an equal basis and both services have equal protection against harmful interference from stations of ``secondary'' services. 47 C.F.R. §2.106 footnote NG104 states ``[t]he use of the bands 10.7-11.7 GHz (space-to-Earth) and 12.75-13.25 GHz (Earth-to-space) by the fixed-satellite service in the geostationary-satellite orbit shall be limited to international systems, i.e., other
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- at 12-13. 109W Application at p. 8. 47 C.F.R. §§2.106 and 25.202(a)(1). Allocation of a given frequency band to a particular service on a primary basis entitles operators to protection against harmful interference from stations of ``secondary'' services. Further, secondary services cannot claim protection from harmful interference caused by stations of a primary service. See also 47 C.F.R. §§2.104(d) and 2.105(c). Co-primary means that both services share the band on an equal basis and both services have equal protection against harmful interference from stations of ``secondary'' services. 47 C.F.R. §2.106 footnote NG104 states ``[t]he use of the bands 10.7-11.7 GHz (space-to-Earth) and 12.75-13.25 GHz (Earth-to-space) by the fixed-satellite service in the geostationary-satellite orbit shall be limited to international systems, i.e., other
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- C.F.R. §25.210(f). 121W Application at p. 8. 47 C.F.R. §§2.106 and 25.202(a)(1). Allocation of a given frequency band to a particular service on a primary basis entitles operators to protection against harmful interference from stations of ``secondary'' services. Further, secondary services cannot claim protection from harmful interference caused by stations of a primary service. See also 47 C.F.R. §§2.104(d) and 2.105(c). Co-primary means that both services share the band on an equal basis and both services have equal protection against harmful interference from stations of ``secondary'' services. 47 C.F.R. §2.106 footnote NG104 states ``[t]he use of the bands 10.7-11.7 GHz (space-to-Earth) and 12.75-13.25 GHz (Earth-to-space) by the fixed-satellite service in the geostationary-satellite orbit shall be limited to international systems, i.e., other
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- C.F.R. §25.210(f). 121W Application at p. 8. 47 C.F.R. §§2.106 and 25.202(a)(1). Allocation of a given frequency band to a particular service on a primary basis entitles operators to protection against harmful interference from stations of ``secondary'' services. Further, secondary services cannot claim protection from harmful interference caused by stations of a primary service. See also 47 C.F.R. §§2.104(d) and 2.105(c). Co-primary means that both services share the band on an equal basis and both services have equal protection against harmful interference from stations of ``secondary'' services. 47 C.F.R. §2.106 footnote NG104 states ``[t]he use of the bands 10.7-11.7 GHz (space-to-Earth) and 12.75-13.25 GHz (Earth-to-space) by the fixed-satellite service in the geostationary-satellite orbit shall be limited to international systems, i.e., other
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- into any service authorized under the Table of Frequency Allocations and when the non-conforming operator accepts any interference from authorized services.'' We do not find that authorization of this service requires granting a waiver of Section 2.106, because the United States Table of Frequency Allocations applies only to operations in the United States and the insular areas listed in Section 2.105 (a) footnotes, 2, 3, and 4. Intelsat plans to provide service to the countries of Columbia, Venezuela, Costa Rica, Ecuador, Panama, and El Salvador. This service area in which Intelsat seeks to operate does not include jurisdiction of the United States or its possessions, therefore a waiver of Section 2.106 is not required. However, we do find that Intelsat demonstrates
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- service needs dictate. Id. at ¶ 57. See 47 C.F.R. § 25.203(c)(5). Allocation of a given frequency band for a particular service on a primary basis entitles operators to protection against harmful interference from stations of "secondary" services. Further, secondary services cannot claim protection from harmful interference caused by stations of a primary service. See 47 C.F.R. §§ 2.104(d) and 2.105(c). Use of the band by the FSS domestically in the United States is subject to certain restrictions. Specifically, Non-Government footnote NG104 to the U.S. Table of Frequency Allocations states that the use of the bands 10.7-11.7 GHz in the fixed-satellite service is limited to international systems, i.e. "other than domestic systems." The Commission interpreted this language to mean that U.S.-licensed
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- to reflect any change in planned operations. Space stations operating in primary services are protected against interference from stations of secondary services. Stations operating in the secondary service cannot cause harmful interference to or claim protection from harmful interference from stations of a primary service. Co-primary services have equal rights to operate in particular frequencies. 47 C.F.R. §§ 2.104(d) and 2.105(c). For the allocation of frequencies, the International Telecommunication Union (ITU) has divided the world into three regions. Region 2 includes North and South America. See 47 C.F.R. § 2.104. 47 C.F.R. § 2.106. See Amendment of Parts 2, 25, and 87 of the Commission's Rules to Implement Decisions from World Radiocommunication Conferences Concerning Frequency Bands Between 28 MHz and 36
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- to reflect any change in planned operations. Space stations operating in primary services are protected against interference from stations of secondary services. Stations operating in the secondary service cannot cause harmful interference to or claim protection from harmful interference from stations of a primary service. Co-primary services have equal rights to operate in particular frequencies. 47 C.F.R. §§ 2.104(d) and 2.105(c). For the allocation of frequencies, the International Telecommunication Union (ITU) has divided the world into three regions. Region 2 includes North and South America. See 47 C.F.R. § 2.104. 47 C.F.R. § 2.106. See Amendment of Parts 2, 25, and 87 of the Commission's Rules to Implement Decisions from World Radiocommunication Conferences Concerning Frequency Bands Between 28 MHz and 36
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- currently operational or expected to be operational within 9° of Satcom SN-4 during its anticipated operational time frame. 9. We conclude that authorization of this service does not require a waiver of Section 2.106, because the United States Table of Frequency Allocations generally governs services provided to stations operating in the United States and the insular areas listed in Section 2.105 (a) footnotes, 2, 3, and 4. SES Americom's plans to provide service to the United States in ITU Region 2, using frequencies consistent with the United States Table of Frequency Allocations, therefore for Region 2 services a waiver is not required. In the case of service to ITU Region 1, the service area in which SES Americom seeks to operate
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- Licensed amateur operators are authorized to operate on the frequencies listed Section 97.301 of the Rules, as designated by their operator class and license. In order to use designated frequencies in the amateur bands, amateur operators must follow the frequency sharing requirements in Section 97.301 of the Rules and the United States Table of Frequency Allocations (``Table''), found in Sections 2.105 and 2.106 of the Rules. The Table lists the use of the frequency band 267 - 322 MHz as Federal Government only. A review of Commission records reveals no record of a license for the use of any frequency within this band issued to Silva. On October 26, 2004, the San Francisco Office issued a Notice of Apparent Liability for
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- of fixed stations operating in the 10.95-11.2 GHz and 11.45-11.7 GHz bands will continue to be protected to the same level as they currently enjoy. In the case where there is a parenthetical addition to an allocation in the United States Table [example: FIXED-SATELLITE (space-to-Earth)], that service allocation is restricted to the type of operation so indicated. 47 C.F.R. § 2.105(d) (4). 47 C.F.R. §2.106 footnote NG104; 47 C.F.R. §25.202(a)(1) footnote 2. In Region 2, the 11.7-12.2 GHz band is allocated for FSS downlinks; however, it is allocated to the broadcasting-satellite service (BSS) in Region 1. Because of these differences between Regional allocations, PanAmSat has requested the use of the 10.95-11.2 GHz and 11.45-11.7 GHz bands, which are allocated for FSS
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- mobile-satellite service). 47 C.F.R. §§ 2.102(a), 25.156(d)(5). Space stations operating in primary services are protected against interference from stations of secondary services. Stations operating in the secondary service cannot cause harmful interference to or claim protection from harmful interference from stations of a primary service. Co-primary services have equal rights to operate in particular frequencies. 47 C.F.R. §§ 2.104(d) and 2.105(c). In bands designated for exclusive use, nonconforming services may only be provided on a non-harmful interference basis to any licensed service provided in accordance with the Table of Allocations, and may not claim interference protection from other authorized services. See Echostar LLC Petition for Reconsideration, Memorandum Opinion and Order, DA 06-865, ¶ 2 n.3 (Int'l Bur. released April 14, 2006).
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- corresponding Earth-to-space (uplink) frequencies at 27.5-30.0 GHz. Space stations operating in primary services are protected against interference from stations of secondary services. Stations operating in the secondary service cannot cause harmful interference to or claim protection from harmful interference from stations of a primary service. Co-primary services have equal rights to operate in particular frequencies. 47 C.F.R. §§ 2.104(d) and 2.105(c). In bands designated for exclusive use, nonconforming services may only be provided on a non-harmful interference basis to any licensed service provided in accordance with the Table of Allocations, and may not claim interference protection from other authorized services. EchoStar proposed operations in the extended Ku-band, using the 10.95-11.2 GHz and 11.45-11.7 GHz (space-to-Earth) and 13.75-14.00 GHz (Earth-to-space) frequency bands.
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- § 78.1. Clarity Waiver Request at 4, 18-19. Clarity Reply Comments at 47. Clarity's reception equipment will cost under $100 and may be offered to subscribers at a subsidized price. See Clarity Reply Comments at 46. Secondary users must not cause harmful interference to primary services, nor can they claim protection from interference from a primary service. See 47 C.F.R. §2.105(c). Clarity Waiver Request at 19. See Letter dated January 18, 2007, from Clarity Media Systems LLC, to Marlene H. Dortch, FCC, Amendment to Clarity Media Systems Applications. Experimental License File No. 0046-EX-PL-2005. On January 18, 2007, Clarity withdrew the application for Waco, Texas. See Letter dated January 18, 2007, from Clarity Media Systems LLC, to Marlene H. Dortch, FCC, Amendment
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- to Allow the Provision of Fixed-Satellite Service Between Non-U.S. Points in the 12.7-12.75 GHz Frequency Band, Order and Authorization, 19 FCC Rcd 2775, 2777-78 ¶ 8 (2004) (holding that a waiver of Section 2.106 is not required ``because the United States Table of Frequency Allocations applies only to operations in the United States and the insular areas listed in Section 2.105 (a) footnotes, 2, 3, and 4...[The] service area in which Intelsat seeks to operate does not include jurisdiction of the United States or its possessions, therefore a waiver of Section 2.106 is not required.''). SES AMERICOM, INC., Application for Modification of Satcom SN-4 Fixed Satellite Space Station License, Order and Authorization, 05-1812 (rel. June 28, 2005). (Space Station Licensing Reform
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- 25.115(e), 25.138(d). See Section 2.106 of the Commission's Rules, 47 C.F.R. § 2.106. Allocation of a given frequency band to a particular service on a "primary" basis entitles that service to protection against harmful interference from stations of a "secondary" service. Further, secondary services cannot claim protection from harmful interference caused by stations of a primary service. Sections 2.104(d) and 2.105(c) of the Commission's Rules, 47 C.F.R. §§ 2.104(d), 2.105(c). "Co-primary" services share a frequency band on an equal basis and may not cause harmful interference to each other. See, e.g., Rulemaking to Amend Parts 1, 2, 21, and 25 of the Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band, to Reallocate the 29.5-30.0 Frequency Band, to Establish Rules and
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- Application at 15. 47 C.F.R. § 2.106. Id. Systems operating under a secondary allocation must not interfere with, and must accept interference from, systems operating with primary status. Secondary services can, however, claim protection from harmful interference from stations of the same or other secondary service(s) to which frequencies may be assigned at a later date. 47 C.F.R. §§ 2.104(d); 2.105(c). The secondary space research allocation is limited in the U.S. Table of Allocations to the 14.0-14.2. 47 C.F.R. § 2.106. However, the Table of Frequency Allocations in Article 5 of the International Telecommunication Union Regulations includes a secondary space research allocation in the 14.2-14.3 GHz frequency band, and in the 14.4-14.47 (uplink) frequency band. In 1983, the Commission established a
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- modifications to the U.S. Table that will promote continued successful spectrum sharing between Federal agencies and non-Federal licensees. In Section I, we make additional display and footnote changes to the U.S. Table and to the description of the U.S. Table. In Appendix A, we make minor changes to the Allocation Table, to the text of several footnotes, and to Section 2.105; and in Appendix B, we update several of the FCC Rule Part cross references contained in Column 6 of the Allocation Table. Satellite Issues NGSO MSS Feeder Links. In January 2002, the Commission allocated spectrum to the fixed-satellite service (FSS) in order to provide necessary feeder link spectrum for a number of commercial Non-Geostationary Satellite Orbit Mobile-Satellite Service (NGSO MSS)
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- find that it is in the public interest to condition, as specified below, Granite's operations on protecting maritime communications, including Coast Guard operations, from interference. See 47 C.F.R. § 2.106, Table of Frequency Allocations. Although Coast Guard access to 156.250 MHz is permitted, the allocation of the frequency for non-federal use is within the Commission's jurisdiction. Cf. 47 C.F.R. § 2.105(d)(1), (5)(ii); 47 C.F.R. § 2.106, United States (US) Footnotes, US77 (noting that ``Federal stations may also be authorized'' for specified maritime uses) (emphasis added). In the State of Montana, specific conditions were not imposed on the use of the frequency adjacent to the ship and private coast station frequency. See generally State of Montana, 19 FCC Rcd at 9818-19 ¶
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- ET Docket No. 02-305, 18 FCC Rcd 23426, 23454, ¶ 76 (2003). The amendment deleted a proviso that had limited the scope of the Mobile Satellite Services (MSS) allocation in the band by specifically excluding AMSS. Stations operating pursuant to a secondary allocation may not cause harmful interference to or claim protection from primary-service stations. See 47 C.F.R. §§ 2.104(d), 2.105(c). Non-conforming services may be provided only on a non-harmful-interference basis to any authorized conforming service and may not claim interference protection from those services. Service Rules and Procedures to Govern the Use of Aeronautical Mobile Satellite Service Earth Stations in Frequency Bands Allocated to the Fixed Satellite Service, Notice of Proposed Rulemaking, IB Docket No. 05-20, 20 FCC Rcd 2906
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- Order, ET Docket No. 02-305, 18 FCC Rcd 23426, 23454, ¶ 76 (2003). The amendment deleted a proviso that had limited the scope of the Mobile Satellite Services (MSS) allocation in the band by specifically excluding AMSS. Stations operating pursuant to a secondary allocation may not cause harmful interference to or claim protection from primary-service stations. See47 C.F.R. §§ 2.104(d), 2.105(c). Non-conforming services may be provided only on a non-harmful-interference basisto any authorized conforming service and may not claim interference protection from those services. 3Service Rules and Procedures to Govern the Use of Aeronautical Mobile Satellite Service Earth Stations in Frequency Bands Allocated to the Fixed Satellite Service, Notice of Proposed Rulemaking, IB Docket No. 05-20, 20 FCC Rcd 2906 (2005)
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- to Marlene H. Dortch, Secretary, FCC, from James M. Talens, Counsel to ATCONTACT Communications, LLC (June 5, 2006). 2Space stations operating in primary services are protected against interference from stations of secondary services. Stations operating in a secondary service cannot cause harmful interference to or claim protection from harmful interference from stations of a primary service. See47 C.F.R. §§ 2.104(d)and 2.105(c). Non-conforming services may be provided only on a non-harmful interference basis to any authorized service and may not cause interference protection from those services. 3ATCONTACT's authorization was conditioned on its filing a modification application in May 2008 detailing its end-of-life disposal plans for its NGSO satellites. ATCONTACT filed for extension of time to file its plan. While the extension request
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- interest to condition, as specified below, Silverbow's operations on protecting maritime communications, including Coast Guard operations, from interference. See 47 C.F.R. § 2.106, Table of Frequency Allocations. Although access by Federal stations, including the Coast Guard, to the above four frequencies is permitted, the allocation of the frequencies for non-federal use is within the Commission's jurisdiction. Cf. 47 C.F.R. § 2.105(d)(1), (5)(ii); 47 C.F.R. § 2.106, United States (US) Footnotes, US77 (noting that ``Federal stations may also be authorized'' for specified maritime uses) (emphasis added). In the State of Montana, specific conditions were not imposed on the use of the frequency adjacent to the ship and private coast station frequency. See generally State of Montana, 19 FCC Rcd at 9818-19 ¶
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- 364Iran (Islamic Republic of) 3355.031 368Iraq 372Ireland 1.074 376Israel 3.959 380Italy 0.896 388Jamaica 48.472 392Japan 134.343 400Jordan 0.52 398Kazakhstan 73.603 404Kenya 38.672 296Kiribati 410Korea, Republic of 872.006 414Kuwait 0.286 417Kyrgyzstan 14.238 418Lao People's Democratic Republic 3934.089 428Latvia 0.398 422Lebanon 426Lesotho 3.698 430Liberia 434Libyan Arab Jamahiriya 440Lithuania 1.776 442Luxembourg 0.969 450Madagascar 870.453 12016 Federal Communications Commission DA 10-1348 454Malawi 65.965 458Malaysia 2.105 462Maldives 10.189 466Mali 280.966 470Malta 0.272 478Mauritania 134.871 480Mauritius 19.787 484Mexico 7.848 583Micronesia, Federated States of 496Mongolia 563.982 499Montenegro 0.511 504Morocco 5.471 508Mozambique 13.412 104Myanmar 406.421 516Namibia 5.348 524Nepal 28.447 528Netherlands 0.892 554New Zealand 1.585 558Nicaragua 8.336 562Niger 252.032 566Nigeria 84.426 578Norway 9.609 512Oman 0.294 586Pakistan 22.653 591Panama 0.612 598Papua New Guinea 1.641 600Paraguay 2374.887 604Peru 1.617 608Philippines 24.873 616Poland
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- 4753.084 364Iran (Islamic Republic of) 3355.031 368Iraq 372Ireland 1.074 376Israel 3.959 380Italy 0.896 388Jamaica 48.472 392Japan 134.343 400Jordan 0.52 398Kazakhstan 73.603 404Kenya 38.672 296Kiribati 410Korea, Republic of 872.006 414Kuwait 0.286 417Kyrgyzstan 14.238 418Lao People's Democratic Republic 3934.089 428Latvia 0.398 422Lebanon 426Lesotho 3.698 430Liberia 434Libyan Arab Jamahiriya 440Lithuania 1.776 442Luxembourg 0.969 450Madagascar 870.453 Federal Communications Commission DA 10-1348 454Malawi 65.965 458Malaysia 2.105 462Maldives 10.189 466Mali 280.966 470Malta 0.272 478Mauritania 134.871 480Mauritius 19.787 484Mexico 7.848 583Micronesia, Federated States of 496Mongolia 563.982 499Montenegro 0.511 504Morocco 5.471 508Mozambique 13.412 104Myanmar 406.421 516Namibia 5.348 524Nepal 28.447 528Netherlands 0.892 554New Zealand 1.585 558Nicaragua 8.336 562Niger 252.032 566Nigeria 84.426 578Norway 9.609 512Oman 0.294 586Pakistan 22.653 591Panama 0.612 598Papua New Guinea 1.641 600Paraguay 2374.887 604Peru 1.617 608Philippines 24.873 616Poland
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- applicable. The Allocation Table includes the International Table, the Federal Table, and the FCC Rule Part Cross References for informational purposes only. In the paragraphs below, we discuss the modifications we make to each of the tables described above. When we refer to U.S., non-Federal, and Federal footnotes in this Order, we will use the same nomenclature specified in Section 2.105 of the Commission's Rules and employed in the U.S. Table. For the international footnotes we reference in this Order, however, we will substitute a different nomenclature to help identify those footnotes. Specifically, the ITU Radio Regulations refer to international footnote 5.53 as Radio Regulation (RR) No. 5.53, which is simply abbreviated as ``No. 5.53.'' Instead of using this abbreviation, however,
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- of this order. FEDERAL COMMUNICATIONS COMMISSION Mindel De La Torre Chief International Bureau Earth and space stations operating on a primary basis are protected against interference from stations of secondary services. Stations operating on a secondary basis cannot cause harmful interference to or claim protection from harmful interference from stations of a primary service. See 47 C.F.R. §§ 2.104(d) and 2.105(c). Non-conforming services may be provided only on a non-harmful interference basis to any authorized service and may not claim interference protection from those services Hughes Network Systems, LLC, Letter of Intent, IBFS File No. SAT-LOI-20080618-00130, filed June 18, 2008. Hughes Network Systems, LLC, Amendment, IBFS File No. SAT-AMD-20090608-00067, filed June 8, 2009. Hughes Network Systems, LLC, Letter of Intent, IBFS
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- 20093and in November 2009.4Hughes proposes to operate in the 28.35-29.1 GHz and 29.25-30.0 GHz frequency 1Earth and space stations operating on a primary basis are protected against interference from stations of secondary services. Stations operating on a secondary basiscannot cause harmful interference to or claim protection from harmful interference from stations of a primary service. See47 C.F.R. §§ 2.104(d) and 2.105(c). Non-conforming services may be provided only on a non-harmful interference basis to any authorized service and may not claim interference protection from those services 2Hughes Network Systems, LLC, Letter of Intent, IBFS File No. SAT-LOI-20080618-00130, filed June 18, 2008. 3Hughes Network Systems, LLC, Amendment, IBFS File No. SAT-AMD-20090608-00067, filed June 8, 2009. 4Hughes Network Systems, LLC, Letter of Intent, IBFS
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- RM-10331, Report and Order, 18 FCC Rcd 23426, 23454, ¶ 76 (2003). The amendment deleted a proviso that had limited the scope of the Mobile Satellite Services (MSS) allocation in the band by specifically excluding AMSS. Stations operating pursuant to a secondary allocation may not cause harmful interference to or claim protection from primary-service stations. See 47 C.F.R. §§ 2.104(d), 2.105(c). Non-conforming services may be provided only on a non-harmful-interference basis to any authorized conforming service and may not claim interference protection from those services. Service Rules and Procedures to Govern the Use of Aeronautical Mobile Satellite Service Earth Stations in Frequency Bands Allocated to the Fixed Satellite Service, IB Docket No. 05-20, Notice of Proposed Rulemaking, 20 FCC Rcd 2906
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1480A1_Rcd.pdf
- and RM-10331, Report and Order, 18 FCC Rcd 23426, 23454, ¶ 76 (2003). The amendment deleted a proviso that had limited the scope of the Mobile Satellite Services (MSS) allocation in the band by specifically excluding AMSS. Stations operating pursuant to a secondary allocation may not cause harmful interference to or claim protection from primary-service stations. See47 C.F.R. §§ 2.104(d), 2.105(c). Non-conforming services may be provided only on a non-harmful-interference basis to any authorized conforming service and may not claim interference protection from those services. 4Service Rules and Procedures to Govern the Use of Aeronautical Mobile Satellite Service Earth Stations in Frequency Bands Allocated to the Fixed Satellite Service, IB Docket No. 05-20, Notice of Proposed Rulemaking, 20 FCC Rcd 2906
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- §2.106. 10 See 47 C.F.R. § 2.106; US Footnote 258. "Primary" services have equal rights to operate in particular frequencies. Stations operating in primary services are protected against interference from stations of "secondary" services. Moreover, stations operat ing in a secondary service cannot claim protection against harmful interference from stations of a primary service. See 47 C.F.R. §§ 2.104(d) and 2.105(c). Internationally, EES is secon dary to other terrestrial and satellite services in Regions 1 and 3, with the exception of about two dozen countries, where EES is co-primary pursuant to International Footnote 815. 11 The three services recognized a potential for interference between proposed EarthWatch earth stations and existing De partment of Defense earth stations. They stated, however, that if
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- § 2.106. i4 See 47 C.F.R. § 2.106, US Footnote 258. "Primary" services have equal rights to operate in particular frequencies. Stations operating in primary services are protected against interference from stations of "secondary" services. Moreover, stations operat ing in a secondary service cannot claim protection against harmful interference from stations of a primary service. 47 C.F.R. §§ 2.104(d) and 2.105(c). Internationally, EESS is secon dary to other terrestrial and satellite services in Regions 1 and 3, with the exception of about two dozen countries, where EESS is co-primary pursuant to International Footnote 815. 15 Because the frequencies proposed to be used by Space Imaging's satellite system are shared with Federal Government users, the Interdepanment Radio Advisory Committee (IRAC) also reviewed
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- that will facilitate sharing. Satellite avoidance is a mitigation technique whereby in-line interference is avoided. Because the Teledesic earth station side lobe and not its main lobe is at issue, the level of interference received at the NGSO satellite is highly dependent on the Teledesic earth station antenna performance (including sidelobe rolloff). See 47 C.F.R. § 2.104(d); 47 C.F.R. § 2.105(c)(3). See Teledesic Consolidated Reply Comments at 3. See 47 C.F.R. § 2.104(d); 47 C.F.R. § 2.105(c)(3); see also Teledesic Authorization at ¶ 19 and n.23. Teledesic Authorization at ¶ 39. However, the revised link budgets indicate that the PFD will decrease several dB under conditions of heavy rain fade and low elevation angles. Id at 22310 para. 39. See Modification
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- allocated on a co-primary basis have equal rights to operate in a particular frequency band. Stations operating in primary services may claim protection from harmful interference from stations in secondary services. Moreover, stations operating in a secondary service cannot cause harmful interference to nor claim protection from harmful interference from stations of a primary service. 47 C.F.R. §§ 2.104(d) and 2.105(c). 13 Remote sensing systems are intended to operate in the EESS allocation. EESS is defined as "[a] radiocommunication service between earth stations and one or more space stations, which may include links between space stations in which: (1) information relating to the characteristics of the Earth and its natural phenomena is obtained from active sensors or passive sensors on earth
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- of a secondary service shall not cause harmful interference to stations of primary or permitted services; cannot claim protection from harmful interference from stations of a primary or permitted service, but can claim protection from harmful interference from stations of the same or other secondary service(s) to which frequencies may be assigned at a later date. 47 C.F.R. §§ 2.104(d); 2.105(c)(3). We also note that in the L-band, the sharing arrangements among the satellite operators effectively gives exclusive use of parts of the frequency band to each operator. 1999 NTIA Letter at 2. AMSC Opposition to SatCom at 18; AMSC Opposition to TMI at 11-13. The following two capabilities are not applicable to SatCom and TMI at this time: "Each MET
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- Licensed amateur operators are authorized to operate on the frequencies listed Section 97.301 of the Rules, as designated by their operator class and license. In order to use designated frequencies in the amateur bands, amateur operators must follow the frequency sharing requirements in Section 97.301 of the Rules and the United States Table of Frequency Allocations (``Table''), found in Sections 2.105 and 2.106 of the Rules. The Table lists the use of the frequency band 267 - 322 MHz as Federal Government only. In the band 255 - 328.6 MHz, the fixed and mobile services are limited to the military services. The use of the band 235 - 322 MHz is allocated on a primary basis to the mobile-satellite service, limited
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- and do not intend to suggest that we are modifying herein the Commission's narrowbanding procedures for the 173.2-173.4 MHz band, which is allocated for exclusive non-Federal use. 301 The Commission, an independent agency, administers spectrum allocated for non-Federal use and the NTIA, an operating unit of the Department of Commerce, administers spectrum allocated for Federal use. See 47 C.F.R. § 2.105(a). NTIA approves the spectrum needs of new systems for use by Federal departments and agencies and maintains the Federal Government Table of Frequency Allocations (Federal Government Table) in its Manual of Regulations & Procedures for Federal Radio Frequency Management, May 2003 Edition including the September 2004 Revision. Specifically, Federal operations in the 162-174 MHz band have been required to be
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- at 37° 53' 55.3" north, 121° 44' 13.7" west; Booster Pump Station 2.3 located at 37° 54' 23.8" north, 121° 43' 25.6" west; Hydropneumatic Pump Station 2.2 located at 37° 57' 27.8" north, 121° 45' 1.3" west. Control Unit operating on 452.400 MHz operating at the unauthorized location of 37° 57' 36" north, 121° 41' 18" west. 47 C.F.R. § 2.105(c)(2): ``Stations of a secondary service shall not cause harmful interference to stations of primary services . . .'' At the time of the inspections, the City's operation of WQCY221, WQCY224, and WQCY226 continued to cause harmful interference to stations of primary services. If these interfering transmissions continue, we will take additional enforcement action which may include substantial monetary forfeitures, and
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- Rules. Licensed amateur operators are authorized to operate on the frequencies listed Section 97.301 of the Rules, as designated by their operator class and license. In order to use designated frequencies in the amateur bands, amateur operators must follow the frequency sharing requirements in Section 97.301 of the Rules and the United States Table of Frequency Allocations found in Sections 2.105 and 2.106 of the Rules. Pursuant to the Table of Allocations, the 267-322 MHz Band is allocated solely for Federal Government use. In the band 255 - 328.6 MHz, the fixed and mobile services are limited to the military services. The use of the band 235 - 322 MHz is allocated on a primary basis to the mobile-satellite service, limited
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- later date. Secondary systems cannot claim protection from harmful interference from stations of a primary user to which frequencies are already assigned or may be assigned at a later date. Secondary users can claim protection, however, from harmful interference caused by other secondary services to which frequency may be assigned at a later date. See 47 C.F.R. §§ 2.104 (d), 2.105(c)(3). See VisionStar Comments at 4. See Section 101.147(r)(10). See Section 101.147 (r)(10) of Appendix A to this Report and Order. See, e.g., Lockheed Comments at 8-9 (``Lockheed Martin does not support the secondary FS use of spectrum designated for FSS use on a primary basis''); Loral Comments at 7-8 (``Loral does not believe that the Commission's proposal to allow secondary
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- We are amending 47 C.F.R. § 90.523(b) as set forth in Appendix C to set forth general requirements for NGO authorization letters. In Part 2 of our Rules, the term ``Government'' means Federal government and the term ``non-government'' means state/local governments and civilians. See First Report and Order, 14 FCC Rcd at 185 ¶ 67; see also 47 C.F.R. § 2.105(b); Non-Substantive Revisions to the Table of Frequency Allocations, Memorandum Opinion and Order, DA 99-2743 (OET rel. Dec. 20, 1999). 47 C.F.R. § 2.103(b) (1999). Use of the terms ``government'' and ``non-government'' are pursuant to the language in the First Report and Order, which notes, ``In the United States, radio spectrum may be allocated exclusively or for shared use to either
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- astronomy service on either a primary or secondary basis. See Final Acts of the 1992 World Radio Conference, Malaga-Torremolinos (1992). A service designated as primary in a particular band enjoys priority status for operations in that band. A service designated as co- primary shares the band with other services given co-primary status on an equal basis. See 47 C.F.R. § 2.105(c). A service designated as secondary may operate in a particular band only to the extent that it does not cause harmful interference to any primary or co-primary designated service. See 47 C.F.R. § 2.105(c)(3). See also International Telecommunication Union Radio Regulations, Edition of 1998, Article S5, Section II --Categories of services and allocations, S5.28 through S5.31 ("Stations of a secondary
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- 13 FCC Rcd at 24651 n.4. 36-51 GHz Order, 13 FCC Rcd at 24660. The other satellite services included the broadcasting-satellite service (BSS) and mobile-satellite service (MSS). We distinguish between spectrum ``allocations'' and ``designations.'' A spectrum allocation assigns radio frequency spectrum to one of the various pre-defined radio services listed in Section 2.1 of the Commission's rules. 47 C.F.R. § 2.105(b) & n.7. Designations are ``generally only needed where bands are allocated to more than one service and sharing between these services may be difficult.'' 36-51 GHz Order, 13 FCC Rcd at 24650, n.3. Significantly, spectrum designations for a particular service do not necessarily preclude other allocated services from operating in a given band, provided that the allocated service can meet
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- 47 U.S.C. § 305(a), authorizes the President to assign frequencies to Federal Government stations. This authority has been delegated to the Assistant Secretary of Commerce for Communications and Information, who also serves as the Administrator, NTIA. See Pub. Law 102-538, 106 Stat. 3533 (1992). The Commission administers non-Federal Government spectrum and NTIA administers Federal Government spectrum. See 47 C.F.R. § 2.105 (a). Radionavigation is defined as radiodetermination used for the purpose of navigation, including obstruction warning. Radiodetermination, in turn, is the determination of the position, velocity and/or other characteristics of an object, or the obtaining of information relating to these parameters, by mean of the propagation properties of radio waves. See 47 C.F.R. § 2.1. US69 reads as follows: "In the
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- to the Second Processing Round of the Non-Voice, Non-Geostationary Mobile Satellite Service, Report and Order, FCC 97-370, 13 FCC Rcd 9111, 9140 n.112 (1997) (``Report and Order''). A service designated as secondary may operate in a particular band only to the extent that it does not cause harmful interference to any primary or co-primary designated service. See 47 C.F.R. § 2.105(c)(3). See also International Telecommunication Union Radio Regulations, Edition of 1998, Article S5, Section II -- Categories of services and allocations, S5.28 through S5.31 ("Stations of a secondary service: a) shall not cause harmful interference to stations of primary services to which frequencies are already assigned or to which frequencies may be assigned at a later date; b) cannot claim protection
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- the mobile except aeronautical mobile service includes only the land mobile and maritime mobile services. Consistent with our previous WMTS decision, we are allocating the 1427-1429.5 MHz band to the WMTS for Federal Government use. In the United States, radio spectrum may be allocated for exclusive Federal Government use, exclusive non-Federal Government use, or shared use. See 47 C.F.R. § 2.105(b). Mixed use is a type of shared use whereby Federal Government use is limited by geographic area, by time, or by other means so as to guarantee that the potential use by Federal Government stations is substantially less than the potential use to be made by non-Federal Government stations. See OBRA-93 at § 113(b)(2)(B). See also 47 U.S.C. § 923(b)(2)(B).
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- e.g., petitions for reconsideration of DirecTV at 5, 6 & 14-17, and EchoStar at 9 et seq. See EchoStar petition for reconsideration at 22. Id. See, generally, petitions for reconsideration of SkyBridge, DirecTV, SBCA, EchoStar, and Boeing. See, generally, Northpoint Opposition to Petitions for Reconsideration. , infra. See 47 C.F.R. § 2.106 (Table of Frequency Allocations). See 47 C.F.R. § 2.105(c)(1)(i) which states, ``[s]ervices, the names of which are printed in ``capitals'' [example: FIXED]; these are called ``primary'' services;'' Compare with 47 C.F.R. § 2.105(c)(1)(ii) which specifies that, ``[s]ervices, the names of which are printed in ``normal characters'' [example: Mobile]; these are called ``secondary'' services.'' While there were over 10,000 incumbent fixed point-to-point links originally in the band, approximately 370 licensees
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- Mobile Satellite System, File Nos. 17-DSS-P-91(48), CSS-91-013, 9-SAT-LA-95, 10-SAT-AMEND-95, 159-SAT-AMEND-96, Order and Authorization, 12 FCC Rcd 9651 (1997). See Application of MOBILE COMMUNICATIONS HOLDINGS, INC. For authority to construct, launch, and operate an elliptical low earth orbit Mobile Satellite System, File Nos. 11-DSS-P-91(6), 18-DSS-P-91(18), 11-SAT-LA-95, 12-SAT-AMEND-95, 158-SAT-AMEND-96, Order and Authorization, 12 FCC Rcd 9663 (1997) ("MCHI Authorization"). 47 C.F.R. §§ 2.105, 2.106. See Application of MOBILE COMMUNICATIONS HOLDINGS, INC. For authority to construct, launch, and operate an elliptical low earth orbit Mobile Satellite System, File Nos. 11-DSS-P-91(6), 18-DSS-P-91(18), 11-SAT-LA-95, 12-SAT-AMEND-95, 158-SAT-AMEND-96, Memorandum Opinion and Order, DA 01-1315, rel. May 31, 2001. See United States Proposals for the 1995 World Radiocommunication Conference, July 1995 ("U.S. WRC-95 Proposals"). See also Final Acts of
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- all other mobile telemetry uses are secondary to the above stated launch vehicle uses. * * * * * , infra, for a description of the space science services. The Commission, which is an independent agency, administers non-Federal Government spectrum and NTIA, which is an operating unit of the Department of Commerce, administers Federal Government spectrum. See 47 C.F.R. § 2.105(a). NTIA also approves the spectrum needs of new systems for use by Federal departments and agencies and maintains the Federal Government Table of Frequency Allocations in its Manual of Regulations and Procedures for Federal Radio Frequency Management (``NTIA Manual''). RNSS is a radiocommunication service for the purpose of radiodetermination involving the use of one or more space stations. This service
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- kHz. (2) In addition, the band 7100-7300 kHz is allocated on an exclusive basis to the broadcasting service in International Telecommunication Union (ITU) Regions 1 and 3 as defined in 47 C.F.R. § 2.104(b). Assignments in the band 7100-7300 kHz shall be limited to international broadcast stations located in ITU Region 3 insular areas (as defined in 47 C.F.R. § 2.105(a), note 4) that transmit to zones and areas of reception in ITU Region 1 or 3. * * * (3) In addition, frequencies within the following bands are assignable to the broadcasting service on an exclusive basis after April 1, 2007: (i) 5900-5950 kHz, 7300-7350 kHz, 9400-9500 kHz, 11600-11650 kHz, 12050-12100 kHz, 13570-13600 kHz, 13800-13870 kHz, 15600-15800 kHz, 17480-17550 kHz,
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- August 10, 1993). See also H.R. Rep. No. 103-213, 103rd Cong., 1st Sess. (1993). See Spectrum Reallocation Final Report, Response to Title VI - Omnibus Budget Reconciliation Act of 1993, NTIA Special Publication 95-3l2, released February 1995 ("Final Report"). Shared use means that a band of frequencies is generally available for both government and non-government use. See 47 C.F.R. § 2.105(b). Mixed use means that government use is limited by geographic area, by time or by other means so as to guarantee that the potential use by government stations is substantially less than the potential use to be made by non-government stations. See Section 113(b)(2)(B) of OBRA-93. See 47 U.S.C. § 923(b)(2)(B). The three locations are Pascagoula, Mississippi; Pensacola, Florida; and
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- Rulemaking, 17 FCC Rcd 24135 (2002). ). See also U.S. Department of Commerce's News Release entitled ``Bush Administration Forges Landmark Plan for Spectrum Allocation,'' dated July 23, 2002. The Commission, which is an independent agency, administers non-Federal Government spectrum and NTIA, which is an operating unit of the U.S. Department of Commerce, administers Federal Government spectrum. See 47 C.F.R. § 2.105. , infra. An earth station is, inter alia, a station located on the Earth's surface and intended for communication with one or more space stations. See ITU Radio Regulations, Edition of 2001, No. 1.63. See 2002 Viability Assessment at 3. To ensure mission success, NTIA anticipates that new satellites will be built with dual tracking and command frequencies, i.e., in
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- primary or permitted services; cannot claim protection from harmful interference from stations of a primary or permitted service, but can claim protection from harmful interference from stations of the same or other secondary services to which frequencies are assigned at a later date. See Third Report and Order, 12 FCC Rcd at 22326; 47 C.F.R. § 2.104(d); 47 C.F.R. § 2.105(c)(3). See Amendment of Part 2 of the Commission's Rules to Allocate Spectrum for the Fixed-Satellite Service in the 17.8-20.2 GHz Band for Government Use, Memorandum Opinion and Order, FCC 95-316, 10 FCC Rcd 9931 (1995). See Establishment of Policies and Service Rules for the Non-Geostationary Satellite Orbit, Fixed Satellite Service in the Ku-Band, Notice of Proposed Rulemaking, FCC 01-134, 16
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- other computers. An economic showing could include, for example, information on the pricing structure of an integrated service offering. See Flexibility Notice, 16 FCC Rcd at 15552, ¶ 46-47. A spectrum allocation permits the use of radio frequency spectrum for one or more of the various defined radio services listed in section 2.1 of the Commission's rules. 47 C.F.R. § 2.105(b) & n.7. See Flexibility Notice, 16 FCC Rcd at 15552, ¶ 46-47; see also Amendment of the Commission's Rules to Establish Rules and Policies Pertaining to a Mobile Satellite Service in the 1610-1626.5/2483.5-2500 MHz Frequency Bands, Report and Order, 9 FCC Rcd 5936, 5956, 5958 ¶¶ 48, 52 (1994) (Big LEO Service Rules Order) (granting all CDMA Big LEO licensees
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- other computers. An economic showing could include, for example, information on the pricing structure of an integrated service offering. See Flexibility Notice, 16 FCC Rcd at 15552, ¶ 46-47. A spectrum allocation permits the use of radio frequency spectrum for one or more of the various defined radio services listed in section 2.1 of the Commission's rules. 47 C.F.R. § 2.105(b) & n.7. See Flexibility Notice, 16 FCC Rcd at 15552, ¶ 46-47; see also Amendment of the Commission's Rules to Establish Rules and Policies Pertaining to a Mobile Satellite Service in the 1610-1626.5/2483.5-2500 MHz Frequency Bands, Report and Order, 9 FCC Rcd 5936, 5956, 5958 ¶¶ 48, 52 (1994) (Big LEO Service Rules Order) (granting all CDMA Big LEO licensees
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- equipment from analog to digital. See Amendment of Section 2.106 of the Commission's Rules to Allocate Spectrum at 2 GHz for Use by the Mobile-Satellite Service, ET Docket No. 95-18, Second Report and Order and Second Memorandum Opinion and Order, 15 FCC Rcd. 12315 (2000). Currently, there are 27 stations with primary status. See Appendix E. See 47 C.F.R. § 2.105(c)(2). See Wireless Communications Association Reply Comments to the Notice at 34 n.89. Petition for Rulemaking of the Cellular Telecommunications & Internet Association Concerning Reallocation of 2 GHz Spectrum for Terrestrial Wireless Use, Petition for Rulemaking (filed May 18, 2001). See 2 GHz MSS R&O, 15 FCC Rcd at 16127. At the time the petition was filed, the Commission had reallocated
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- A TV stations. See letter of July 30, 2003, from Frederick R. Wentland, Associate Administrator, NTIA Office of Spectrum Management, to Edmond J. Thomas, Chief, FCC Office of Engineering and Technology (NTIA letter). The Federal Communications Commission administers non-Federal Government spectrum; NTIA, which is an operating unit of the Department of Commerce, administers Federal Government spectrum. See 47 C.F.R. § 2.105(a). Section 305(a) of the Communications Act of 1934, as amended, authorizes the President to assign frequencies to Federal Government stations. This authority has been assigned to the Assistant Secretary of Commerce for Communications and Information, who also serves as the administrator for NTIA. See Pub. Law 102-538, 106 Stat. 3533 (1992). 47 C.F.R. § 73.1030. Advanced Television Systems and Their
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- 18 FCC Rcd 2223 (2003) (Third Notice of Proposed Rulemaking). Under our relocation policies only stations with primary status are entitled to relocation. Third Notice of Proposed Rulemaking, 18 FCC Rcd at 2256-57 ¶ 72. Because secondary operations, by definition, cannot cause harmful interference to primary operations, new entrants are not required to relocate secondary operations. Id.; 47 C.F.R. § 2.105(c)(2). Before the adoption of the AWS Allocation Order, the 2150-2160 MHz band was allocated domestically to the Fixed Service on a primary basis. Third Notice of Proposed Rulemaking, 18 FCC Rcd at 2253-54 ¶ 66. As previously stated, MDS stations licensed after 1992 to use the 2160-2162 MHz band are on a secondary basis. We also note that our relocation
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- 2364.5, 2370.5 and 2382.5 MHz. In the band 2360-2390 MHz, all other mobile telemetry uses are secondary to the above stated launch vehicle uses. * * * * * The Commission, which is an independent agency, administers non-Federal Government spectrum and NTIA, which is an operating unit of the Department of Commerce, administers Federal Government spectrum. See 47 C.F.R. § 2.105(a). NTIA also approves the spectrum needs of new systems for use by Federal departments and agencies and maintains the Federal Government Table of Frequency Allocations in its Manual of Regulations and Procedures for Federal Radio Frequency Management (``NTIA Manual''). RNSS is a radiocommunication service for the purpose of radiodetermination involving the use of one or more space stations. This service
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- that is secondary is allowed to use the band as long as its operations do not cause interference to any primary operations, and it must accept any interference caused by a primary service. If a secondary service operation causes interference to a primary service, the secondary service provider must eliminate the interference or cease operations. See generally 47 C.F.R. § 2.105 (2002). Although we adopt PFD limits for the 40.0-42.0 GHz band at this time, rules for satellite-to-satellite sharing between Geostationary Orbit (GSO) and Non-Geostationary Orbit (NGSO) networks are also necessary. We will address these inter-satellite system sharing rules in a future rulemaking proceeding. We note that we have an open proceeding regarding the service rules for some frequencies within the
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- kHz. (2) In addition, the band 7100-7300 kHz is allocated on an exclusive basis to the broadcasting service in International Telecommunication Union (ITU) Regions 1 and 3 as defined in 47 C.F.R. § 2.104(b). Assignments in the band 7100-7300 kHz shall be limited to international broadcast stations located in ITU Region 3 insular areas (as defined in 47 C.F.R. § 2.105(a), note 4) that transmit to zones and areas of reception in ITU Region 1 or 3. * * * (3) In addition, frequencies within the following bands are assignable to the broadcasting service on an exclusive basis after April 1, 2007: (i) 5900-5950 kHz, 7300-7350 kHz, 9400-9500 kHz, 11600-11650 kHz, 12050-12100 kHz, 13570-13600 kHz, 13800-13870 kHz, 15600-15800 kHz, 17480-17550 kHz,
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- earth orbit Mobile Satellite System, File Nos. 17-DSS-P-91(48), CSS-91-013, 9-SAT-LA-95, 10-SAT-AMEND-95, 159-SAT-AMEND-96, Order and Authorization, 12 FCC Rcd 9651 (1997). See Application of MOBILE COMMUNICATIONS HOLDINGS, INC. For authority to construct, launch, and operate an elliptical low earth orbit Mobile Satellite System, File Nos. 11-DSS-P-91(6), 18-DSS-P-91(18), 11-SAT-LA-95, 12-SAT-AMEND-95, 158-SAT-AMEND-96, Order and Authorization, 12 FCC Rcd 9663 (1997). 47 C.F.R. §§ 2.105, 2.106. See Application of MOBILE COMMUNICATIONS HOLDINGS, INC. For authority to construct, launch, and operate an elliptical low earth orbit Mobile Satellite System, File Nos. 11-DSS-P-91(6), 18-DSS-P-91(18), 11-SAT-LA-95, 12-SAT-AMEND-95, 158-SAT-AMEND-96, Memorandum Opinion and Order, 16 FCC Rcd 11766 (Int'l Bur. 2001), recon. denied, 17 FCC Rcd 11898 (Int'l Bur. 2002), app. for review pending; CONSTELLATION COMMUNICATIONS HOLDINGS, INC. Request for
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- U.S. Department of Commerce, NTIA Special Publication 95-32 (Feb. 1995) (Spectrum Reallocation Final Report). See Spectrum Reallocation Final Report, Response to Title VI - Omnibus Budget Reconciliation Act of 1993, NTIA Special Publication 95-3l2, released February 1995 (Final Report). ``Shared use'' means that a band of frequencies is generally available for both government and non-government use. See 47 C.F.R. § 2.105(b). ``Mixed use'' means that Federal government use is limited by geographic area, by time or by other means so as to guarantee that the potential use by Federal government stations is substantially less than the potential use to be made by non-government stations. See Section 113(b)(2)(B) of OBRA-93. See, also, 47 U.S.C. § 923(b)(2)(B). The Spectrum Reallocation Final Report listed
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- station lawfully using a frequency band for service of a type for which the band is allocated on a primary basis is entitled to protection against interference from stations that use the band for secondary-status services. Stations operating in a secondary service cannot claim interference protection from stations lawfully operating in a primary service. See 47 C.F.R. §§ 2.104(d) and 2.105(c) (2003). Amendment of Section 2.106 of the Commission's Rules to Allocate the 1610-1626.5 MHz and the 2483.5-2500 MHz Bands for Use by the Mobile-Satellite Service, Including Non-Geostationary Satellites, Report and Order, FCC 93-547, 9 FCC Rcd 536 (1994). Prior to WRC-92, Motorola had urged the Commission to recommend adoption of a primary international allocation for MSS downlinks in the 1613.8-1626.5
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- 406.1-420 MHz bands, the emissions of which are used for the automatic transmission of either hydrological or meteorological data, or both. 47 C.F.R. § 90.265(a). The Commission, which is an independent agency, administers spectrum allocated for non-Federal use and the NTIA, which is an operating unit of the Department of Commerce, administers spectrum allocated for Federal use. 47 C.F.R. § 2.105(a). Section 305(a) of the Communications Act as amended, 47 U.S.C. § 305(a), authorizes the President to assign frequencies to Federal stations. This authority has been delegated to the Assistant Secretary of Commerce for Communications and Information, who also serves as the Administrator of NTIA. Pub. Law 102-538, 106 Stat. 3533 (1992). NTIA also approves the spectrum needs of new systems
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- is an independent agency, administers non-Federal Government spectrum under the Communications Act of 1934, as amended, see 47 U.S.C § 151, et seq. NTIA, which is an operating unit of the Department of Commerce, administers Federal Government spectrum and is responsible for administering the communications and information functions of the Executive branch of the Federal Government, see 47 C.F.R. § 2.105(a) and Executive Order 12046 of March 26, 1978. NTIA also approves the spectrum needs of new systems for use by Federal departments and agencies and maintains the Federal Government Table of Frequency Allocations in its Manual of Regulations and Procedures for Federal Radio Frequency Management (NTIA Manual). In addition to its comments, NTIA has conducted an extensive technical study and
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- for Advanced Wireless Services in the 1.7 GHz and 2.1 GHz Bands, WT Docket No. 02-353, Report and Order, 18 FCC Rcd 25162 (2003) (``AWS Service Rules R&O''). ). The Commission, which is an independent agency, administers non-Federal Government spectrum. NTIA, which is an operating unit of the U.S. Department of Commerce, administers Federal Government spectrum. See 47 C.F.R. § 2.105. Id. at 3. See Amendment of Parts 2, 25, and 87 of the Commission's Rules to Implement Decisions from World Radiocommunication Conferences Concerning Frequency Bands Between 28 MHz and 36 GHz and to Otherwise Update the Rules in this Frequency Range, ET Docket No. 02-305, Report and Order, 18 FCC Rcd 23426 (2003) (``Above 28 MHz R&O''), at ¶¶ 20,
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- of Frequency Allocations (47 C.F.R. § 2.106 columns 4 and 5) is subdivided into the Federal Government Table of Frequency Allocations (Federal Government Table) and the non-Federal Government Table of Frequency Allocations. The Federal Government Table is administered by the National Telecommunications and Information Administration (NTIA) and is included in the Commission's Rules for informational purposes only. 47 C.F.R. § 2.105(a) and (d)(3). With the concurrence of NTIA, we are making several editorial amendments to the Federal Government Table. First, footnote 5.486 (secondary fixed service allocation in the band 11.7-12.1 GHz) is removed from the Federal Government Table because our research finds that this footnote had been inadvertently added to Federal Government Table. Second, footnote 5.490 (existing and future terrestrial services
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- of Frequency Allocations (47 C.F.R. § 2.106 columns 4 and 5) is subdivided into the Federal Government Table of Frequency Allocations (Federal Government Table) and the non-Federal Government Table of Frequency Allocations. The Federal Government Table is administered by the National Telecommunications and Information Administration (NTIA) and is included in the Commission's Rules for informational purposes only. 47 C.F.R. § 2.105(a) and (d)(3). With the concurrence of NTIA, we are making several editorial amendments to the Federal Government Table. First, footnote 5.486 (secondary fixed service allocation in the band 11.7-12.1 GHz) is removed from the Federal Government Table because our research finds that this footnote had been inadvertently added to Federal Government Table. Second, footnote 5.490 (existing and future terrestrial services
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- Until March 29, 2009, the band 7100-7300 kHz is allocated on an exclusive basis to the broadcasting service in International Telecommunication Union (ITU) Regions 1 and 3 as defined in 47 C.F.R. § 2.104(b). Assignments in the band 7100-7300 kHz shall be limited to international broadcast stations located in ITU Region 3 insular areas (as defined in 47 C.F.R. § 2.105(a), note 4) that transmit to zones and areas of reception in ITU Region 1 or 3. (ii) After March 29, 2009, the bands 7200-7300 kHz and 7400-7450 kHz are allocated on an exclusive basis to the broadcasting service in ITU Regions 1 and 3 and the band 7100-7200 kHz is not allocated to the broadcasting service. Assignments in the bands
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- band to the 2025-2110 MHz band - a reduction of 35 megahertz of spectrum. The Commission determined that BAS could achieve comparable facilities in the reduced spectrum because the relocation would entail an upgrade of equipment from analog to digital. See MSS Second R&O, 15 FCC Rcd 12315; MSS Third R&O, 18 FCC Rcd 23638. . See 47 C.F.R. § 2.105(c). . Currently, the 2150-2162 MHz band is used to provide subscribers in 30 to 50 markets (urban and rural) across the country with wireless broadband service and, in some cases, multichannel video programming service. See Ex Parte filing on behalf of Wireless Communications Association International, Inc. (Aug. 5, 2005). 47 U.S.C. § 316. 47 U.S.C. § 316 (a)(1). California Metro
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- to relocate consistent with the Phase 1 and Phase 2 band plans adopted jointly by the BAS Frequency Coordinator and Existing Licensees of their Nielsen Designated Market Area, as described in Section 75.690(e), and will not be eligible for relocation by an MSS entity, but each licensee must prepare for such relocations at its own expense." 293 47 C.F.R. § 2.105(c). Federal Communications Commission FCC 05-174 56 true-up process.294 Nextel, MSTV, and NAB argue that, because Nextel is coordinating the BAS relocation on a market-by-market basis, there are public interest benefits to allowing Nextel to relocate these BAS licensees and to obtain credit for the relocation. Specifically, if there are few (or no) BAS incumbents left in a particular market that
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- not intend to suggest that we are modifying herein the Commission's narrowbanding procedures for the 173.2-173.4 MHz band, which is allocated for exclusive non-Federal use. The Commission, which is an independent agency, administers spectrum allocated for non-Federal use and the NTIA, which is an operating unit of the Department of Commerce, administers spectrum allocated for Federal use. 47 C.F.R. § 2.105(a). NTIA approves the spectrum needs of new systems for use by Federal departments and agencies and maintains the Federal Government Table of Frequency Allocations (Federal Government Table) in its Manual of Regulations & Procedures for Federal Radio Frequency Management, May 2003 Edition including the September 2004 Revision (NTIA Manual). Replacement of Part 90 by Part 88 to Revise the Private
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- Broadcast Stations........................................ 59 C. SRS and EESS Downlinks at 25.5-27 GHz and ISS at 25.25-27.5 GHz................................ 77 D. RNSS and the Radiolocation Service................................................................. ......... 93 E. Allocation Status of the Little LEO Feeder Link Bands ............................................... 104 F. Remaining Space Radiocommunication Service Issues................................................. 119 G. ITU Terms and Definitions............................................................. ..................... 129 H. Editorial Amendments.............................................................. ......................... 130 1. Sections 2.1 through 2.105................................................................... .............. 133 2. Section 2.106................................................................... .............................. 139 3. Parts 90 and 97...................................................................... ....................... 169 V. PROCEDURAL MATTERS................................................................. ................... 178 A. Final Regulatory Flexibility Analysis................................................................ ...... 178 B. Paperwork Reduction Act..................................................................... ............... 179 C. Congressional Review Act..................................................................... ............. 180 VI. ORDERING CLAUSES................................................................. ........................ 181 Appendix A: Final Rules Appendix B: Final Regulatory Flexibility Analysis I. INTRODUCTION By this action, we are
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- also Service Rules for Advanced Wireless Services in the 1.7 GHz and 2.1 GHz Bands, Order on Reconsideration in WT Docket No. 02-353, 20 FCC Rcd 14058 (2005). ). The Commission, which is an independent agency, administers non-Federal Government spectrum. NTIA, which is an operating unit of the U.S. Department of Commerce, administers Federal Government spectrum. See 47 C.F.R. § 2.105. See OBRA-93, § 6001(a) (47 U.S.C. § 923(a)-(b)). See Spectrum Reallocation Final Report, Response to Title VI - Omnibus Reconsideration Act of 1993, NTIA Special Publication 95-32, dated February 1995 at Appendix E and page F-4; OBRA-93, § 6001(a) (47 U.S.C. § 923(c)(4)). See 2002 Viability Assessment at 1 and 2. Such access may make more spectrum available in the
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- . Although it may be possible to relocate BRS operations on channels 1 and 2/2A separately, this could require the installation and operation of more than one device at either the base station or the end user's premises. See, e.g., SpeedNet Comments at 5-6. Microwave Cost Sharing First R&O, 11 FCC Rcd 8825 at ¶ 42. See 47 C.F.R. § 2.105(c). See, e.g., Ex Parte filing of Private Networks, Inc. (Nov. 6, 2003) (noting that some grandfathered BRS licensees have long-term leases with commercial operators for use of their spectrum). See BRS R&O, 19 FCC Rcd at 14232-34, ¶¶ 177-81. Under the Secondary Markets policy, licensees may engage in either ``spectrum manager leasing'' whereby they retain de facto control of the
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- = T n ƒ œ V Y Z n o ƒ „ œ ž ¡ ¢ Ë ç BSS, and the radiolocation service was downgraded to a secondary allocation in the 17.3-17.7 GHz band in all three International Telecommunication Union regions. See 47 C.F.R. § 2.106, footnote US259. See 47 C.F.R. § 2.105c)(2)(i). See Letter to Dale M. Hatfield, Chief, Office of Engineering and Technology, Federal Communications Commission, from William T. Hatch, Associate Administrator, Office of Spectrum Management, National Telecommunications and Information Administration, (March 29, 2000). See April 8 NTIA Letter. 47 C.F.R. §§ 1.1200, 1.1206; Amendment of 47 C.F.R. § 1.1200 et seq. Concerning Ex Parte Presentations in Commission Proceedings, GC Docket
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- = T n ƒ œ V Y Z n o ƒ „ œ ž ¡ ¢ Ë ç BSS, and the radiolocation service was downgraded to a secondary allocation in the 17.3-17.7 GHz band in all three International Telecommunication Union regions. See 47 C.F.R. § 2.106, footnote US259. See 47 C.F.R. § 2.105c)(2)(i). See Letter to Dale M. Hatfield, Chief, Office of Engineering and Technology, Federal Communications Commission, from William T. Hatch, Associate Administrator, Office of Spectrum Management, National Telecommunications and Information Administration, (March 29, 2000). See April 8 NTIA Letter. 47 C.F.R. §§ 1.1200, 1.1206; Amendment of 47 C.F.R. § 1.1200 et seq. Concerning Ex Parte Presentations in Commission Proceedings, GC Docket
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- relocation of only those BAS facilities associated with translator and LPTV stations or short-term BAS facilities which where in operation before November 22, 2004. 47 C.F.R. § 74.602(f); 47 C.F.R. § 2.106 NG118. Translator and LPTV television broadcast stations are similarly prohibited from causing interference to full-power television stations. 47 C.F.R. § 74.703(b). 47 C.F.R. § 74.24(c). 47 C.F.R. § 2.105(c)(2); 47 C.F.R. § 74.602(f). 47 C.F.R. § 74.690(a). 800 MHz MO&O, 20 FCC Rcd at 16061-63 ¶¶ 105-107. 47 U.S.C. § 405(a); Petitions for reconsideration must be filed within 30 days from the date of public notice of the final Commission action. 47 C.F.R. § 1.106(f). AMST Petition at 3-4 (discussing the joint proposed BAS relocation plan of MSTV/NAB/Nextel, Ex
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- Ex Parte at 2. Id. at 3-4. See Improving Public Safety Communications in the 800 MHz Band, WT Docket No. 02-55, Report and Order, 19 FCC Rcd 14969, 14971 ¶ 1 (2004) (``800 MHz Report and Order''). See 700 MHz Further Notice, 22 FCC Rcd at 8137 ¶ 199. 47 U.S.C §§ 316, 303, 301, 154(i). . 47 C.F.R. § 2.105(c)(2). 47 U.S.C. § 316; 47 C.F.R. § 1.87. See Access Spectrum/Pegasus July 6, 2007 Ex Parte; Access Spectrum/Pegasus July 26, 2007 Ex Parte. 47 U.S.C. § 337(a), as enacted by the Balanced Budget Act of 1997, Pub. L. No. 105-33, Title III, 111 Stat. 251 (1997). Section 337(a) provides in pertinent part: (a) . . . the Commission shall allocate
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- Ex Parte at 2. Id. at 3-4. See Improving Public Safety Communications in the 800 MHz Band, WT Docket No. 02-55, Report and Order, 19 FCC Rcd 14969, 14971 ¶ 1 (2004) (``800 MHz Report and Order''). See 700 MHz Further Notice, 22 FCC Rcd at 8137 ¶ 199. 47 U.S.C §§ 316, 303, 301, 154(i). . 47 C.F.R. § 2.105(c)(2). 47 U.S.C. § 316; 47 C.F.R. § 1.87. See Access Spectrum/Pegasus July 6, 2007 Ex Parte; Access Spectrum/Pegasus July 26, 2007 Ex Parte. 47 U.S.C. § 337(a), as enacted by the Balanced Budget Act of 1997, Pub. L. No. 105-33, Title III, 111 Stat. 251 (1997). Section 337(a) provides in pertinent part: (a) . . . the Commission shall allocate
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- conventional Ku-band frequencies are allocated on a primary basis to the FSS. See generally 47 C.F.R. § 2.106. Co-primary systems generally are obligated to coordinate with each other on a first-come, first-served basis, whereas a system operating under a secondary allocation must not give interference to, and must accept interference from, systems operating with primary status. See 47 C.F.R. § 2.105(c). The FSS is a radiocommunication service between earth stations at given positions, when one or more satellites are used; the given position may be a specified fixed point or any fixed point within specified areas; in some cases this service includes satellite-to-satellite links, which also may be operated in the inter-satellite service; the FSS also may include feeder links for
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- sharing among new entrants in the BAS band. infra. TerreStar acknowledges that MSS entrants ``are always obligated to meet any obligations placed on them by the Commission.'' TerreStar Networks Inc. ex parte letter, ET Docket 02-55, WT Docket No. 00-258, ET Docket No. 95-18, filed June 5, 2009. 47 C.F.R. § 74.960(b), 74.690(e)(6), 78.40(b), 78.40(f)(6); See also 47 C.F.R. § 2.105(c)(2) (setting forth the principle that secondary licensees have the responsibility to avoid causing interference to primary licensees). Sprint et al. implies in their comments that they believe MSS would obtain primary status with respect to BAS nationwide if the top 30 market rule is eliminated. Sprint et al. Supp. Request Reply at 24-25. This is incorrect. As our rules state,
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- the uplink frequencies and receive no U.S. Table protection in the downlink frequencies. See 47 C.F.R. § 2.106. Co-primary systems generally are obligated to coordinate with each other on a first-come, first-served basis, whereas a system operating under a secondary allocation must not give interference to, and must accept interference from, systems operating with primary status. See 47 C.F.R. § 2.105(c). See generally Licensing of Space Stations in the Domestic Fixed-Satellite Service and Related Revisions of Part 25 of the Rules and Regulations, CC Docket No. 81-704, Report and Order, FCC 83-184, 54 Rad. Reg. 2d (P&F) 577 (1983) (``Two-Degree Spacing Order'') (adopting 2º orbital spacing policy to maximize the number of in-orbit satellites operating in the Ku- and C-bands); on
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- also cannot claim protection from harmful interference from stations of a primary service to which frequencies are already assigned or to which frequencies may be assigned at a later date, but may claim protection from harmful interference from stations of the same or other secondary service(s) to which frequencies may be assigned at a later date. See 47 C.F.R. § 2.105(c)(2)(2008). See 47 U.S.C. § 309. See 47 C.F.R. Part 15 (2008). See International Telecommunication Union Radio Regulations, Edition of 2008. We note that the United States has many treaties that involve coordination of radio frequency use with other countries, particularly with Canada and Mexico. Under a flexible allocation model and licensing model, in which the Commission allocates frequency bands for
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- service also cannot claim protection from harmful interference from stations of a primary service to which frequencies are already assigned or to which frequencies may be assigned at a later date, but may claim protection from harmful interference from stations of the same or other secondary service(s) to which frequencies may be assigned at a later date. See47 C.F.R. § 2.105(c)(2)(2008). 11326 Federal Communications Commission FCC 09-66 how the spectrum may be used, how it will be licensed, who is eligible, technical standards, etc. The license provides the right to access and use the spectrum, usually over specific frequencies or frequency bands and at a particular location or geographic area. The Commission has developed a variety of licensing methods consistent with
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- are protected against interference from stations of secondary services. Stations operating in a secondary service cannot cause harmful interference to or claim protection from harmful interference from stations of a primary service. Non-conforming services may be provided only on a non-harmful interference basis to any authorized service and may not claim interference protection from those services. See47 C.F.R. §§ 2.104(d)and 2.105(c)). In June 2006, the licensee notified the Commission of its name change from contactMEO Communications, LLC to AtContact Communications, LLC. Letter to Marlene H. Dortch, Secretary, FCC, from James M. Talens, Counsel to AtContact Communications, LLC (June 5, 2006). 7AtContact's authorization did not include launch and operating authority for its NGSO satellites because of questions regarding its disposal plans for
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- Government Operations, Report and Order, IB Docket No. 97-95, FCC 98-336, 13 FCC Rcd 24649 (1998) (36-51 GHz Order). See 36-51 GHz Order, 13 FCC Rcd at 24651, ¶ 2. We distinguish between spectrum ``allocations'' and ``designations.'' A spectrum allocation assigns radio frequency spectrum to one of the various pre-defined radio services listed in the Commission's rules. 47 C.F.R. § 2.105(b) and n.7. ``A designation provides an allocated service or services use of a specific frequency band for which other services may also be allocated . . . . Designations are generally only needed where bands are allocated to more than one service and sharing between these services may be difficult.'' 36-51 GHz Order, 13 FCC Rcd at 24650 n.3. Spectrum
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- for Government Operations, Report and Order, IB Docket No. 97-95, FCC 98-336, 13 FCC Rcd 24649 (1998) (36-51 GHz Order). 8See 36-51 GHz Order, 13 FCC Rcdat 24651, ¶ 2. 9We distinguish between spectrum "allocations" and "designations." A spectrum allocation assigns radio frequency spectrum to one of the various pre-defined radio services listed in the Commission's rules. 47 C.F.R. § 2.105(b) and n.7. "A designation provides an allocated service or services use of a specific frequency band for which other services may also be allocated . . . . Designations are generally only needed where bands are allocated to more than one service and sharing between these services may be difficult." 36-51 GHz Order, 13 FCC Rcd at 24650 n.3. Spectrum
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- is designated as either a secondary service or a primary service. A station in a secondary service must not cause harmful interference to, and must accept interference from, stations in a primary service. Note: The Table of Frequency Allocations contains the complete, unabridged, and legally binding frequency sharing requirements that pertain to the Amateur Radio Service. See 47 CFR 2.104, 2.105, and 2.106. The United States, Puerto Rico, and the U.S. Virgin Islands are in Region 2 and other U.S. insular areas are in either Region 2 or 3; see Appendix 1 to Part 97. (a) Where, in adjacent ITU Regions or sub-Regions, a band of frequencies is allocated to different services of the same category (i.e., primary or secondary services),
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- secondary basis to the Mobile, except aeronautical mobile, service by footnote US345 to the Table. See 47 C.F.R. § 2.106 n.US345. Stations of a secondary service cannot cause interference to and must accept interference from stations of a primary service, even if the primary service stations begin operation after the secondary service station has been established. See 47 C.F.R. § 2.105(c)(2). The new footnote, US64, will apply the provisions of the prior US345 to the 401-406 MHz band while adding provisions for the 413-419 MHz, 426-432 MHz, 438-444 MHz, and 451-457 MHz frequency bands. The Table is further divided into the Federal Table of Frequency Allocations (Federal Table) and the non-Federal Table of Frequency Allocations (non-Federal Table). The National Telecommunications and
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- Ku-band, 18 FCC Rcd 2324, ET Docket 98-206 (2003) (``consistent with the co-primary status of NGSO FSS downlink and fixed service operations in the 10.7-11.7 GHz band, we also clarify that our Rules protect ``first-in'' operations from harmful interference caused by subsequently deployed operations''); PanAmSat Licensee Corp., 20 FCC Rcd 14642, 14647, n.23 (2005); and 47 C.F.R §§ 2.104(d) and 2.105(c). In this regard, we note that to the extent an operator has planned to launch a DBS space station but fails to file its application until months before launch, it does so at its own risk. Order and FNPRM, 22 FCC Rcd at 8853-54, ¶¶ 24-25. Policies and Rules for the Direct Broadcast Satellite Service, Report and Order, IB Docket
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- accompanying transmitting antenna off-axis information requirements we adopt herein remain valid over the specified angular ranges.57We believe that this minimum orbital separation may address some of DIRECTV's concerns. (Continued from previous page)__________ Rules protect "first-in" operations from harmful interference caused by subsequently deployed operations"); PanAmSat Licensee Corp., 20 FCC Rcd 14642, 14647, n.23 (2005); and 47 C.F.R §§ 2.104(d) and 2.105(c). 53In this regard, we note that to the extent an operator has planned to launch a DBS space station but fails to file its application until months before launch, it does so at its own risk. 54Order and FNPRM, 22 FCC Rcd at 8853-54, ¶¶ 24-25. 55Policies and Rules for the Direct Broadcast Satellite Service, Report and Order, IB Docket
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- 47 U.S.C. § 305(a), authorizes the President to assign frequencies to Federal Government stations. This authority has been delegated to the Assistant Secretary of Commerce for Communications and In formation, who also serves as the Administrator, NTIA. See Pub. Law 102-538, 106 Stat. 3533 (1992). The Commission ad ministers non-Government spectrum and NTIA administers Government spectrum. See 47 C.F.R. § 2.105 (a). 4 For example, in the frequency band 17.7 - 19.7 GHz, "the power flux-density at the Earth's surface produced by emissions from a space station, including emissions from a reflecting satellite, for all conditions and for all methods of modulation, shall not exceed the following values: -115 dB (W/m2) in any 1 MHz band for angles of arrival between
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- that is secondary is allowed to use the band as long as its operations do not cause interference to any primary operations, and it must accept any interference caused by a primary service. If a secondary service operation causes interference to a primary service, the secondary service provider must eliminate the interference or cease operation. See generally 47 C.F.R. § 2.105(c). A designation provides an allocated service or services use of a specific frequency band for which other services may also be allocated. See supra note 1. Designations are generally only needed where bands are allocated to more than one service and sharing between these services may be difficult. We anticipate that the bands designated for wireless services will be used
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- of a secondary service shall not cause harmful interference to stations of primary or permitted services; cannot claim protection from harmful interference from stations of a primary or permitted service, but can claim protection from harmful interference from stations of the same or other secondary service(s) to which frequencies may be assigned at a later date. 47 C.F.R. §§ 2.104(d); 2.105(c)(3). We also note that in the L-band, the sharing arrangements among the satellite operators effectively gives exclusive use of parts of the frequency band to each operator. 1999 NTIA Letter at 2. AMSC Opposition to SatCom at 18; AMSC Opposition to TMI at 11-13. The following two capabilities are not applicable to SatCom and TMI at this time: "Each MET
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- Trust Territory of the Pacific Islands, and the Government of the Northern Mariana Islands); 48 U.S.C. § 1492 (congressional declaration of energy policy with respect to insular areas and defining them as Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, and Palau). See also 47 C.F.R. § 2.105 (stating that the Caribbean insular areas comprise the Commonwealth of Puerto Rico, the unincorporated territory of the United States Virgin Islands; and Navassa Island, Quita Sueno Bank, Roncador Bank, Serrana Bank and Serranilla Bank; listing the Pacific insular areas in International Telecommunication Union Regions 2 and 3 as Johnston Island, Midway Island, the Commonwealth of the Northern Mariana Islands; the
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- a total of 27 megahertz of Government-transfer spectrum is considered in this proceeding. 8 Consistent with our previous WMTS decision, we are allocating the 1427-1429.5 MHz band to the WMTS for Federal Government use. 9 In the United States, radio spectrum may be allocated for exclusive Federal Government use, exclusive non-Federal Government use, or shared use. See 47 C.F.R. § 2.105(b). Mixed use is a type of shared use whereby Federal Government use is limited by geographic area, by time, or by other means so as to guarantee that the potential use by Federal Government stations is substantially less than the potential use to be made by non-Federal Government stations. See OBRA-93 at § 113(b)(2)(B). See also 47 U.S.C. § 923(b)(2)(B).
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- services designated as co-primary in the frequency band on a co-equal basis. A service designated as secondary is allowed to use the band as long as its operations do not cause interference to any primary designated operations. If a secondary service operation causes interference to a primary service, the secondary service provider must cease operation. See generally 47 C.F.R. § 2.105(c). 5 Although we propose changes to only the 17.7-19.3 GHz portion of the band, the 19.3-19.7 GHz portion of the band is affected by the proposal because there is an existing terrestrial fixed service channeling plan that spans the entire 17.7-19.7 GHz band. Because the terrestrial fixed service channeling plan includes paired channels for two- way communications, any changes in
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- Licensed amateur operators are authorized to operate on the frequencies listed Section 97.301 of the Rules, as designated by their operator class and license.4 In order to use designated frequencies in the amateur bands, amateur operators must follow the frequency sharing requirements in Section 97.301 of the Rules and the United States Table of Frequency Allocations (``Table''), found in Sections 2.105 and 2.1065 of the Rules.6 The Table lists the use of the frequency band 267 - 322 MHz as Federal Government only.7 A review of Commission records reveals no record of a license for the use of any frequency within this band issued to Silva. 4. On October 26, 2004, the San Francisco Office issued a Notice of Apparent Liability
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- § 26.101(a). 47 C.F.R. § 26.209(a). Table of Frequency Allocations, 47 C.F.R. § 2.106, international footnote S5.442. The aeronautical mobile service is defined as a mobile service between aeronautical stations and aircraft stations, or between aircraft stations. 47 C.F.R. § 2.1(c). Footnote S5.442 also limits the sub-band 4825-4835 MHz to the mobile, except aeronautical mobile, service. See 47 C.F.R. § 2.105(c)(2) (setting forth restrictions for secondary services). Per international footnote S5.443, in Argentina, Australia, and Canada, the allocation of the sub-bands 4825-4835 MHz and 4950-4990 MHz to the radio astronomy service is on a primary basis. Table of Frequency Allocations, 47 C.F.R. § 2.106, international footnote S5.149. Table of Frequency Allocations, 47 C.F.R. § 2.106, international footnote S5.339. See Table of
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- prohibited communications in writing to the Commission immediately, but in no case later than five business days after the communication occurs. Part 1 Seventh Report and Order, 16 FCC Rcd at 17555, ¶ 17. 19 In the United States, radio spectrum may be allocated for exclusive Federal Government use, exclusive non-Federal Government use, or shared use. See 47 C.F.R. § 2.105(b). Mixed use is a type of shared use whereby Federal Government use is limited by geographic area, by time, or by other means so as to guarantee that the potential use by Federal Government stations is substantially less than the potential use to be made by non- Federal Government stations. See OBRA-93 at § 113(b)(2)(B). See also 47 U.S.C. §
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- aeronautical mobile service includes only the land mobile and maritime mobile services. 8 Consistent with our previous WMTS decision, we are allocating the 1427-1429.5 MHz band to the WMTS for Federal Government use. 9 In the United States, radio spectrum may be allocated for exclusive Federal Government use, exclusive non- Federal Government use, or shared use. See 47 C.F.R. § 2.105(b). Mixed use is a type of shared use whereby Federal Government use is limited by geographic area, by time, or by other means so as to guarantee that the potential use by Federal Government stations is substantially less than the potential use to be made by non-Federal Government stations. See OBRA-93 at § 113(b)(2)(B). See also 47 U.S.C. § 923(b)(2)(B).
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- on ubiquitous BSS receivers. However, because MVDDS and DBS would be competitors, we are mindful of the desire of the DBS licensees to limit an MVDDS operator's ability 65 See, generally, Northpoint Opposition to Petitions for Reconsideration. 66 See para. 88 and note 221, infra. 67 See 47 C.F.R. § 2.106 (Table of Frequency Allocations). 68 See 47 C.F.R. § 2.105(c)(1)(i) which states, "[s]ervices, the names of which are printed in "capitals" [example: FIXED]; these are called "primary" services;" Compare with 47 C.F.R. § 2.105(c)(1)(ii) which specifies that, "[s]ervices, the names of which are printed in "normal characters" [example: Mobile]; these are called "secondary" services." 69 While there were over 10,000 incumbent fixed point-to-point links originally in the band, approximately 370
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- Act), 47 U.S.C. § 305(a), authorizes the President to assign frequencies to Federal Government stations. This authority has been delegated to the Assistant Secretary of Commerce for Communications and Information, who also serves as the Administrator of NTIA. See Pub. Law 102-538, 106 Stat. 3533 (1992). The Commission administers non-Government spectrum and NTIA administers Government spectrum. See 47 C.F.R. § 2.105 (a). July 1995 NTIA letter at 1. 11 272 F.2d 533 (D.C. Cir. 1959), cert. denied sub nom., Aeronautical Radio, Inc. v. U.S., 361 U.S. 965 (1960) 12 (Bendix). See Amendment of Part 2 of the Commission's Rule to Allocate Spectrum for the Fixed Satellite Service in the 13 17.8 - 20.2 GHz Band for Government Use, 10 FCC Rcd.
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- Trust Territory of the Pacific Islands, and the Government of the Northern Mariana Islands); 48 U.S.C. § 1492 (congressional declaration of energy policy with respect to insular areas and defining them as Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, and Palau). See also 47 C.F.R. § 2.105 (stating that the Caribbean insular areas comprise the Commonwealth of Puerto Rico, the unincorporated territory of the United States Virgin Islands; and Navassa Island, Quita Sueno Bank, Roncador Bank, Serrana Bank and Serranilla Bank; listing the Pacific insular areas in International Telecommunication Union Regions 2 and 3 as Johnston Island, Midway Island, the Commonwealth of the Northern Mariana Islands; the
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit FederalCommunicationsCommission DA99-2743 Beforethe FederalCommunicationsCommission Washington,D.C.20554 ) IntheMatterof )) AmendmentofPart2oftheCommission's ) RulestoMakeNon-SubstantiveRevisions ) totheTableofFrequencyAllocations ) MEMORANDUMOPINIONANDORDER Adopted:December16,1999 Released:December20,1999 BytheOfficeofEngineeringandTechnologyandtheOfficeofManagingDirector: I.INTRODUCTION 1.Bythisaction,weamendtheTableofFrequencyAllocations("Table")1and supportingsections2oftheCommission'sRulesinordertomoreclearlydisplaytheTableand toassisttheFederalRegisterstaffbymakingiteasierforthemtomaintaintheTableintheCode ofFederalRegulations. WetakethisactionwiththeconcurrenceoftheNational TelecommunicationsandInformationAdministration("NTIA").3Wealsotakethisopportunity 147C.F.R.§2.106. 247C.F.R.§§2.100,2.104,and2.105. 3TheCommission,whichisanindependentagency,administersnon-Federalgovernmentspectrumandthe NTIA,whichisanoperatingunitoftheDepartmentofCommerce,administersFederalgovernmentspectrum. See47C.F.R.§2.105(a).Section305(a)oftheCommunicationsActasamended,47U.S.C.Sec.305(a), authorizesthePresidenttoassignfrequenciestoFederalgovernmentstations.Thisauthorityhasbeendelegated totheAssistantSecretaryofCommerceforCommunicationsandInformation,whoalsoservesasthe AdministratorofNTIA.SeePub.Law102-538,106Stat.3533(1992).NTIAalsoapprovesthespectrumneeds ofnewsystemsforusebyFederaldepartmentsandagenciesandmaintainstheFederalGovernmentTableof FrequencyAllocationsinitsManual. OnDecember16,1999,NTIA,ontherecommendationoftheInterdepartmentRadioAdvisoryCommittee ("IRAC"),gaveitsconcurrencetothisMemorandumOpinionandOrder. TheIRACiscomposedof representativesappointedbytwenty-threememberFederaldepartmentsandagencies.LiaisonbetweentheIRAC andtheFCCiseffectedbyarepresentativeappointedbytheCommissiontoserveinthatcapacity.TheIRAC servesinanadvisorycapacitypertainingtotheallocation,management,anduseoftheradiospectrum.The IRACadvisestheAssistantSecretaryforCommunicationsandInformation,U.S.DepartmentofCommerce,and reportstotheDeputyAssociateAdministrator,OfficeofSpectrumManagement. FederalCommunicationsCommission DA99-2743 tomakethefollowingtypesofnon-substantive4amendments: TheInternationalTableintheCommission'sRulesisupdatedtoreflectthe[International] TableofFrequencyAllocationsasitisfoundinthe1998InternationalTelecommunication Union("ITU")RadioRegulations;5 InternationalfootnotesintheUnitedStatesTablethathavenotbeensubstantivelyrevised arere-numbered; ExpiredfootnotesorportionsoffootnotesareremovedfromtheUnitedStatesTable; Thespecial-usefrequenciescolumnoftheTableisdeleted;and Varioustypographicalerrorsandomissionsarecorrected. Asaby-productofthisaction,wewillnowbeabletoplacetheTableontheCommission'sweb siteandtoupdatetheon-lineTableshortlyafteranyamendmentstotheTablehavebeen released.6Thisministerialactiondoesnotmakeanysubstantivechangetoanylicensee'slegal rightsandresponsibilities. II.DISCUSSION 2.TheTableofFrequencyAllocationsconsistsoftheInternationalTableofFrequency Allocations("InternationalTable")andtheUnitedStatesTableofFrequencyAllocations("United StatesTable")andiscodifiedatSection2.106oftheCommission'sRules.TheInternational TableissubdividedintotheRegion1Table(column1),theRegion2Table(column2),7andthe Region3Table(column3),andisincludedintheCommission'sRulesforinformational purposesonly.8WeareupdatingtheInternationalTabletoreflectthe[International]Tableof FrequencyAllocationsasitisfoundinArticleS5,SectionIV,ofthe1998RadioRegulations.9 WearealsoupdatingSection2.104oftheCommission'sRules,whichdescribestheInternational 4Anon-substantiverevisionisonethatispurelyeditorialinnature;e.g.,re-numberingafootnote. 5SeeITURadioRegulations,Editionof1998("1998RadioRegulations"). Thisrevisionofthe RadioRegulations,complementingtheConstitutionandtheConventionoftheITU(Geneva,1992),incorporates thedecisionsoftheWorldRadiocommunicationConferencesof1995("WRC-95")andof1997("WRC-97"). WeanticipatethattheCommissionwillcommenceaproceedingshortlytoconsideranyremainingdecisionsof theWorldAdministrativeRadioConferenceof1992andofWRC-95andWRC-97thathavenotpreviouslybeen considered. 6Theon-lineTablemaybefoundathttp://www.fcc.gov/oet/spectrum/.Wecautionusersoftheon-line TablethattheTableaspublishedbyFederalRegisterremainsthelegalsourcedocument. 7Region2isessentiallycomposedofNorthandSouthAmerica.SeeAppendixat§2.104(b)fortheITU's officialdefinitionsandmapoftheRegions. 8See47C.F.R.§2.104(a). 9TheprovisionsoftheseRegulationsapplyprovisionallyasfromJanuary1,1999,unlessanearlierdateis specifiedinArticleS59.Therefore,weareamending47C.F.R.§2.100tostatethisfact. 2 FederalCommunicationsCommission DA99-2743 Table,toreflectSectionI(Regionsandareas)andSectionII(Categoriesofservicesand allocations)ofArticleS5ofthe1998RadioRegulations.10WeobservethattheITUhasre- numberedalloftheinternationalfootnotesintheInternationalTableusingthe"S"numbering scheme.11Therefore,wearedeletingallinternationalfootnotesthatusetheoldnumbering schemefrom47C.F.R.§2.106,exceptforthetwentysubstantivelyrevisedinternational
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- at 4. Because this petition addresses the MSS/FS sharing issue, we will treat the petition and the comments thereon of the Association of America's Railroads as comment in response to the Third Notice, and address them here. See id. See AAR Comments at 2 (emphasis in original). See ICO, Opposition to Petition at 3 (citing 47 C.F.R. §§ 25.130, 25.203, 2.105). See Inmarsat Comments at 6. See Letter from G. Rosenblatt, TIA, to M. Salas, Federal Communications Commission, Nov. 11, 1999 (cover letter submitting TIA, Criteria and Methodology to Assess Interference Between Systems in the Fixed Service and the Mobile-Satellite Service in the Band 2165-2200 MHz, TSB86 (Telecommunications Industry Association 1999)). TSB86 was developed by a Joint Working Group comprised of
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- Union's [International] Table of Frequency Allocations. See Letter to Chief, Office of Engineering and Technology, from the Associate Administrator, Office of Spectrum Management, NTIA, dated November 3, 1997. The Commission, which is an independent agency, administers non-Federal Government spectrum and the NTIA, which is an operating unit of the Department of Commerce, administers Federal Government spectrum. See 47 C.F.R. § 2.105(a). Deep space is defined as space at distances from the Earth equal to, or greater than, two million kilometers (1,242,742 miles). See 47 C.F.R. § 2.1. See 47 C.F.R. § 2.104. The space research service is a radiocommunication service in which spacecraft or other objects in space are used for scientific or technological research purposes and the allocation at 31.8-32.3
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- August 10, 1993). See also H.R. Rep. No. 103-213, 103rd Cong., 1st Sess. (1993). See Spectrum Reallocation Final Report, Response to Title VI - Omnibus Budget Reconciliation Act of 1993, NTIA Special Publication 95-3l2, released February 1995 ("Final Report"). Shared use means that a band of frequencies is generally available for both government and non-government use. See 47 C.F.R. § 2.105(b). Mixed use means that government use is limited by geographic area, by time or by other means so as to guarantee that the potential use by government stations is substantially less than the potential use to be made by non-government stations. See Section 113(b)(2)(B) of OBRA-93. See 47 U.S.C. § 923(b)(2)(B). See Final Report at Sections 4-16 through 4-21. See
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- a total of 27 megahertz of Government-transfer spectrum is considered in this proceeding. 8 Consistent with our previous WMTS decision, we are allocating the 1427-1429.5 MHz band to the WMTS for Federal Government use. 9 In the United States, radio spectrum may be allocated for exclusive Federal Government use, exclusive non-Federal Government use, or shared use. See 47 C.F.R. § 2.105(b). Mixed use is a type of shared use whereby Federal Government use is limited by geographic area, by time, or by other means so as to guarantee that the potential use by Federal Government stations is substantially less than the potential use to be made by non-Federal Government stations. See OBRA-93 at § 113(b)(2)(B). See also 47 U.S.C. § 923(b)(2)(B).
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- services designated as co-primary in the frequency band on a co-equal basis. A service designated as secondary is allowed to use the band as long as its operations do not cause interference to any primary designated operations. If a secondary service operation causes interference to a primary service, the secondary service provider must cease operation. See generally 47 C.F.R. § 2.105(c). 5 Although we propose changes to only the 17.7-19.3 GHz portion of the band, the 19.3-19.7 GHz portion of the band is affected by the proposal because there is an existing terrestrial fixed service channeling plan that spans the entire 17.7-19.7 GHz band. Because the terrestrial fixed service channeling plan includes paired channels for two- way communications, any changes in
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- of a secondary service shall not cause harmful interference to stations of primary or permitted services; cannot claim protection from harmful interference from stations of a primary or permitted service, but can claim protection from harmful interference from stations of the same or other secondary service(s) to which frequencies may be assigned at a later date. 47 C.F.R. §§ 2.104(d); 2.105(c)(3). We also note that in the L-band, the sharing arrangements among the satellite operators effectively gives exclusive use of parts of the frequency band to each operator. 1999 NTIA Letter at 2. AMSC Opposition to SatCom at 18; AMSC Opposition to TMI at 11-13. The following two capabilities are not applicable to SatCom and TMI at this time: "Each MET
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- to launch and operate a replacement satellite. See 47 C.F.R. § 25.208(b). Allocation of a given frequency band for a particular service on a primary basis entitles operators to protection against harmful interference from stations of "secondary" services. Further, secondary services cannot claim protection from harmful interference caused by stations of a primary service. See 47 C.F.R. §§ 2.104(d) and 2.105(c). Services allocated to particular frequency bands on "co-primary" basis have equal rights to operate in those frequencies. In ITU Region 2, which includes the United States, the 11.7-12.1 GHz frequency band is allocated to FSS on a primary basis. Footnote 837 to the Table of Frequency Allocations specifies that in Canada, Mexico and the United States use of the 11.7-12.1
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- 25.114(c)(13); 1985 Orbit Assignment Order at 1272. See 47 C.F.R. § 25.208(b). Allocation of a given frequency band for a particular service on a primary basis entitles operators to protection against harmful interference from stations of "secondary" services. Further, secondary services cannot claim protection from harmful interference caused by stations of a primary service. See 47 C.F.R. §§ 2.104(d) and 2.105(c). Use of the band by the FSS domestically in the United States is subject to certain restrictions. Specifically, Non-Government footnote NG104 to the U.S. Table of Frequency Allocations states that the use of the bands 10.7-11.7 GHz in the fixed-satellite service is limited to international systems, i.e. "other than domestic systems." The Commission interpreted this language to mean that U.S.-licensed
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- enjoys priority status to operate in that band. A service designated as co-primary shares the band with other services given co-primary status on a co-equal basis. A service designated as secondary may operate in a particular band only to the extent that it does not cause harmful interference to any primary or co-primary designated service. See generally 47 C.F.R. § 2.105(c). See Final Acts of the 1995 World Radiocommunication Conference, Geneva (1995). See ITU Radio Regulations S5.444A. See Amendment of Section 2.106 of the Commission's Rules to Allocate Spectrum at 2 GHz for Use by the Mobile-Satellite Service, ET Docket No. 95-18, First Report and Order and Further Notice of Proposed Rule Making, 12 FCC Rcd 7388, 7393-95 ¶¶ 10-15 (1997)
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- § 26.101(a). 47 C.F.R. § 26.209(a). Table of Frequency Allocations, 47 C.F.R. § 2.106, international footnote S5.442. The aeronautical mobile service is defined as a mobile service between aeronautical stations and aircraft stations, or between aircraft stations. 47 C.F.R. § 2.1(c). Footnote S5.442 also limits the sub-band 4825-4835 MHz to the mobile, except aeronautical mobile, service. See 47 C.F.R. § 2.105(c)(2) (setting forth restrictions for secondary services). Per international footnote S5.443, in Argentina, Australia, and Canada, the allocation of the sub-bands 4825-4835 MHz and 4950-4990 MHz to the radio astronomy service is on a primary basis. Table of Frequency Allocations, 47 C.F.R. § 2.106, international footnote S5.149. Table of Frequency Allocations, 47 C.F.R. § 2.106, international footnote S5.339. See Table of
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- We are amending 47 C.F.R. § 90.523(b) as set forth in Appendix C to set forth general requirements for NGO authorization letters. In Part 2 of our Rules, the term ``Government'' means Federal government and the term ``non-government'' means state/local governments and civilians. See First Report and Order, 14 FCC Rcd at 185 ¶ 67; see also 47 C.F.R. § 2.105(b); Non-Substantive Revisions to the Table of Frequency Allocations, Memorandum Opinion and Order, DA 99-2743 (OET rel. Dec. 20, 1999). 47 C.F.R. § 2.103(b) (1999). Use of the terms ``government'' and ``non-government'' are pursuant to the language in the First Report and Order, which notes, ``In the United States, radio spectrum may be allocated exclusively or for shared use to either
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- Licensed amateur operators are authorized to operate on the frequencies listed Section 97.301 of the Rules, as designated by their operator class and license.7 In order to use designated frequencies in the amateur bands, amateur operators must follow the frequency sharing requirements in Section 97.301 of the Rules and the United States Table of Frequency Allocations (``Table''), found in Sections 2.105 and 2.1068 of the Rules.9 The Table lists the use of the frequency band 267 - 322 MHz as Federal Government only.10 In the band 255 - 328.6 MHz, the fixed and mobile services are limited to the military services.11 The use of the band 235 - 322 MHz is allocated on a primary basis to the mobile-satellite service, limited
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- north, 121DEG 44' 13.7" west; 3. Booster Pump Station 2.3 located at 37DEG 54' 23.8" north, 121DEG 43' 25.6" west; 4. Hydropneumatic Pump Station 2.2 located at 37DEG 57' 27.8" north, 121DEG 45' 1.3" west. v. Control Unit operating on 452.400 MHz operating at the unauthorized location of 37DEG 57' 36" north, 121DEG 41' 18" west. c. 47 C.F.R. S 2.105(c)(2): "Stations of a secondary service shall not cause harmful interference to stations of primary services . . ." At the time of the inspections, the City's operation of WQCY221, WQCY224, and WQCY226 continued to cause harmful interference to stations of primary services. 6. If these interfering transmissions continue, we will take additional enforcement action which may include substantial monetary forfeitures,
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- Rules. Licensed amateur operators are authorized to operate on the frequencies listed Section 97.301 of the Rules, as designated by their operator class and license. In order to use designated frequencies in the amateur bands, amateur operators must follow the frequency sharing requirements in Section 97.301 of the Rules and the United States Table of Frequency Allocations found in Sections 2.105 and 2.106 of the Rules. Pursuant to the Table of Allocations, the 267-322 MHz Band is allocated solely for Federal Government use. In the band 255 - 328.6 MHz, the fixed and mobile services are limited to the military services. The use of the band 235 - 322 MHz is allocated on a primary basis to the mobile-satellite service, limited
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- Licensed amateur operators are authorized to operate on the frequencies listed Section 97.301 of the Rules, as designated by their operator class and license.4 In order to use designated frequencies in the amateur bands, amateur operators must follow the frequency sharing requirements in Section 97.301 of the Rules and the United States Table of Frequency Allocations (``Table''), found in Sections 2.105 and 2.1065 of the Rules.6 The Table lists the use of the frequency band 267 - 322 MHz as Federal Government only.7 A review of Commission records reveals no record of a license for the use of any frequency within this band issued to Silva. 4. On October 26, 2004, the San Francisco Office issued a Notice of Apparent Liability
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- factors: (1) the United States-Canadian agreement, (2) stations of higher ranking, or (3) interference with federal travellers information stations. As we noted, federal travellers information stations licensed by the National Telecommunications and Information Administration (NTIA) have a co-primary status with the AM expanded band stations. See Section 305(a) of the Communications Act of 1934, as amended and 47 C.F.R Sections 2.105 and 2.106. This entitles federal travellers information stations, authorized first-in-time, to receive protection from interfering expanded band allotments. 8. In the Order, the Commission specifically rejected WGNY's suggestion that it should be allotted an expanded band frequency at this time even though its proposal is in conflict with the federal travellers information service. WGNY again proposes that AM stations in