Federal Communications Commissionfcc 18-72

Federal Communications CommissionFCC 18-72

Before the

Federal Communications Commission

Washington, D.C. 20554

ORDER AND AUTHORIZATION

Adopted: June 4, 2018Released: June 6, 2018

By the Commission:

Table of Contents

HeadingParagraph #

I.introduction...... 1

II.background...... 2

A.Audacy’s Applications...... 2

B.Comments on Audacy’s Application...... 4

C.Developments After Audacy’s Application...... 5

III.DISCUSSION...... 8

A.Ka-Band FSS Issues...... 10

B.V-band FSS Issues...... 12

C.Inter-Satellite Service Issues...... 21

D.Other Matters...... 25

IV.CONCLUSION...... 38

V.Ordering Clauses...... 39

I.introduction

1. In this Order, we authorize Audacy Corporation (Audacy) to construct, deploy, and operate a non-geostationary satellite orbit (NGSO) satellite system to provide continuous, high-speed communications between other NGSO satellites and gateway earth stations, using frequencies in the inter-satellite service (ISS) and fixed-satellite service (FSS).[1] In authorizing Audacy’s system, we address concerns expressed by commenters seeking various conditions on the grant and partially deny two remaining Petitions to Deny.[2] We also defer action on Audacy’s request to use the 50.4-51.4 GHz band for service and gateway uplinks. Grantof this application will enable Audacy to provide global line-of-sight visibility to low Earth orbit (LEO) satellites enabling operators of LEO satellites to have continuous access to their satellites through the Audacy system, rather than having to use individual uplink and downlink frequencies at multiple, worldwide earth station locations. Grant of Audacy’s application will further the Commission’s goals of encouraging spectrum efficiency, technological innovation, and the more rapid development of new satellite services to the public.

II.background

A.Audacy’s Applications

1. On November 15, 2016, Audacy filed an application to construct, deploy, and operate three satellites, at an approximate altitude of 13,890kilometers.[3] Audacy proposes to operate FSS in the following Ka-band frequencies: 19.7-20.2 GHz and 29.5-30.0 GHz,[4] as well as FSS in the following portions of the V-band: 37.5-42.0 GHz, 47.2-50.2 GHz, and 50.4-51.4 GHz.[5] Audacy also proposes to use the 22.55-23.18 GHz, 23.38-23.55 GHz,[6] 24.45-24.75 GHz, 32.3-33.0 GHz, 54.25-56.9 GHz, 57.0-58.2 GHz, and 65.0-71.0 GHz frequency bands for ISS operations.[7]
2. As part of its application, Audacy seeks waivers of certain Commission rules.[8] Audacy states thatits proposed system will provide continuous, high-speed, low-latency communications to NGSO spacecraft, which will allow customers to transfer data to users from NGSO spacecraft without havingto use individual uplink and downlink frequencies at multiple, worldwide earth station locations, and asserts this proposal will increase spectrum efficiency and ease regulatory burdens on operators.[9]

B.Comments on Audacy’s Application

1. Several parties filed pleadings in response to the public notice of Audacy’s application to operate in the Ka-band frequencies in the Ku- and Ka-band Processing Round.[10] Telesat and ViaSat, Inc. (ViaSat) filed petitions to deny the Audacy Application.[11] Audacy opposed the petitions to deny and responded to the comments.[12] Several satellite operators also filed comments in response to Audacy’s application in the V-band Processing Round.[13] Audacy responded to the comments.[14]

C.Developments After Audacy’s Application

1. In September 2017, following the close of the comment cycles in this proceeding, the Commission adopted the NGSO FSS Report and Order updating several rules and policies governing NGSO FSS systems.[15] Among other changes, the Commission adopted equivalent power-flux density (EPFD) limits on NGSO FSS systems operating in portions of the 17.8-20.2 GHz and 27.5-30.0 GHz frequency bands in order to protect GSO FSS networks. The NGSO FSS Report and Order also adopted changes to the Ka-band Plan and to spectrum sharing rules, among other things.[16] The Commission also adopted a more flexible milestone schedule for NGSO constellations and eliminated the international geographic coverage requirement. The rule changes adopted in the NGSO FSS Report and Orderare now in effect,[17] and we therefore consider below their impact on the actions we take on Audacy’sApplication.
2. In November 2017, the Commission adoptedtheSpectrum Frontiers Second Report and Order, Order on Reconsideration and MO&O,[18] which, among other things, made or affirmed determinations that the 40.0-42.0 GHz and 48.2-50.2 GHzfrequency bands will be reserved for FSS use,[19] while limiting satellite operations to communications with individually licensed earth stations in the 37.5-40.0 GHz and 47.2-48.2 GHz frequency bands.[20] The Commission also affirmed that the existing PFD limit is applicable to satellite operations in the 37.5-40.0 GHz frequency band. To the extent that Audacy requests waiver of rules already addressed in the Spectrum Frontiers proceeding, we consider those requests taking into account the decisions taken in that proceeding. Where rules are modified as a result of future actions in the Spectrum Frontiers proceeding, or in other proceedings such as the rulemaking addressing NGSO FSS operations,[21] Audacy’s FSS operations will be subject to those modified rules. We discuss these matters with greater specificity below.
3. Since the filing of Audacy’s application, the Commission has also taken action on several requests for U.S. market access using NGSO FSS systems in the Ku- and Ka-bands that were part of Ku- and Ka-band Processing Round.[22]

III.DISCUSSION

1. After review of the record, we conclude that grant of the Audacy Application, as amended,[23]will serve the public interest, subject to the requirements and conditions specified herein. Below, we address the various outstanding issues raised by commenters on the Audacy Application. We also address Audacy’s waiver requests. Where appropriate, we defer matters of general applicability to ongoing or potential future rulemakings.
2. As part of its application, Audacy seeks waivers of certain Commission rules.[24] Generally, the Commission may waive any rule for good cause shown.[25] Waiver is appropriate where the particular facts make strict compliance inconsistent with the public interest.[26] In making this determination, we may take into account considerations of hardship, equity, or more effective implementation of overall policy on an individual basis.[27] Waiver is appropriate if special circumstances warrant a deviation from the general rule and such deviation will serve the public interest.[28] We address the specific requests for waivers below, as well as conditions that the Commission imposes on Audacy’s authorization.

A.Ka-Band FSS Issues

1. Waivers for 19.7-20.2 GHz (Ka-band Plan Waiver). Audacy seeks a waiver of the Commission’s Ka-band Plan for use of the 19.7-20.2 GHz frequency band.[29] At the time Audacy filed its application, the Commission’s Ka-band Plan limited use of the 19.7-20.0 GHz band to GSO FSS systems only.[30] Grant of a waiver of the Ka-band Plan is no longer necessary since we recently adopted changes to the Commission’s rules that allow NGSO FSS operations in the 19.7-20.2 GHz frequency band on an unprotected, non-interference basis relative to GSO FSS operations, subject to EPFD limits.[31] These changes became effective on January 17, 2018, so we dismiss the request for waiver of the Ka-band Plan as moot. Moreover, Audacy has demonstrated that its proposed operations will comply with the conditions the Commission established in opening up the 19.7-20.2 GHz band to NGSO FSS operations. More specifically, in its petition, Audacy provided technical demonstrations to show that it will comply with international EPFD limits designed to protect GSO networks in the 19.7-20.2 GHz frequency band set forth in Article 22 of the ITU Radio Regulations (ITU-RR).[32] In addition, Audacy states that it will not cause harmful interference to and is willing to accept interference from GSO FSS operators in this frequency band.[33]
2. Operations in the 29.5-30.0 GHz band. Audacy’s system will use the 29.5-30.0 GHz band for uplink operations between its three earth stations and satellites on a secondary, non-interference basis. The U.S. Table of Frequency Allocations designates the 29.5-30.0 GHz band as co-primary for non-Federal Fixed, Fixed Satellite, and Mobile Services.[34] In the NGSO FSS Report and Order, the Commission reiterated that the 29.5-30.0 GHz band is designated for non-Federal GSO FSS operations on a primary basis and for NGSO FSS operations on a secondary basis.[35] Audacy states that it will coordinate its operations with GSO systems and will operate its uplink operations on a secondary, non-interference basis with respect to GSO operations in the 29.5-30.0 GHz band and will not claim interference protection from GSO FSS stations in this band, as required by the Commission’s rules.[36] Audacy further states that its uplink operations in the 29.5-30.0 GHz band will comply with the EPFD limits Table 22-2 of the ITU Radio Regulations.[37] Audacy also provided technical demonstrations to show that it will comply with international EPFD limits designed to protect GSO networks in the 29.5-30 GHz frequency band set forth in Article 22 of the ITU Radio Regulations.[38] Finally, Audacy specifies that it will only uplink in these frequency bands during emergency recovery situations, and, due to the narrow beam width of the uplink antennas, Audacy anticipates in-line interference events with other operators to be rare. Consistent with the decisions in the NGSO FSS Report and Order, and Audacy’s technical demonstrations, we grant Audacy’s request to operate in the 29.5-30.0 GHz band.

B.V-band FSS Issues

1. Sharing with GSO FSS systems. The Commission does not currently have service rules relevant to sharing between NGSO and GSO FSS systems in the 37.5-42.0 GHz and 47.2-50.2 GHz bands that are part of Audacy’s application. There are currently no FCC-licensed GSO FSS systems operating in these bands, although one GSO satellite application to operate in these bands has been recently granted.[39] The Commission recently adopted a new rule in Section 25.289 requiring that, unless otherwise provided in the rules, an NGSO system licensee must not cause unacceptable interference to, or claim protection from, a GSO FSS or BSS network.[40] Accordingly, a condition to this effect will be included in the Audacy grant. Article 22 of the ITU Radio Regulations contains provisions to ensure compatibility of NGSO FSS operations with GSO networks.[41] However, within the 37.5-50.2 GHz range there are currently no ITU EPFD limits. We note that Audacy’s grant will be subject to modification to bring it into conformance with any rules or policies adopted by the Commission in the future. Therefore, if relevant EPFD limits or other procedures are adopted by the Commission, or to the extent applicable, by the ITU in the future, Audacy’s operations subject to this grant must comply with those limits or procedures. These conditions address ViaSat’s petition and will facilitate the development of NGSO and GSO systems in these frequencies.[42]
2. Operations in the 37.5-40.0 GHz Band and Associated Waivers. In the Spectrum Frontiers MO&O, the Commissiondetermined that it would authorize non-Federal satellite earth stations in the 37.5-40.0 GHz band on a first-come, first-served basis subject to the rules adopted in the Spectrum Frontiers proceeding.[43] Section 25.114(c)(8) of the Commission’s rules requires space station applicants to provide the maximum PFD limits within each coverage area and energy dispersal bandwidth, if any, needed for compliance with Section 25.208.[44] Section 25.208(r) includes PFD limits in the 37.5-40.0 GHz band for both operations under assumed free space conditions[45] and operations during periods when the FSS system raises power to compensate for rain-fade conditions at the earth station.[46] In its application, Audacy sought waivers of Sections 25.114(c)(8) and 25.208(r).[47] Audacy states that its use of the 37.5-40.0 GHz band will slightly exceed the Commission’s PFD limits described above for the angles of arrival between 5-7.5°, and Audacy therefore requests waivers of these rules. Audacy argues that its PFD levels fall well below the less stringent ITU PFD limitsfor this band.[48] Audacy further states that this deviation is necessary to compensate for the effects of rain fade and would not result in harmful interference to any incumbent fixed or terrestrial mobile services in this band, given that Audacy will employ narrow antenna beams to use the 37.5-40.0 GHz band for downlink transmissions from its three NGSO satellites to a single gateway Earth station in the United States.[49]
3. In the recently adopted Spectrum Frontiers MO&O, the Commission declined to permit satellite operations in the 37.5-40.0 GHz band at higher PFD levels than the existing limits applicable to clear sky conditions.[50] In the Spectrum Frontiers MO&O, we fully considered the same arguments presented by Audacy’s Application in support of these waiver requests,[51] and therefore consistent with our determinations in the Spectrum Frontiers MO&O and the rationale underlying those determinations, we deny Audacy’s waiver request of Section 25.208(r).
4. In connection with its request for a waiver of Section 25.208(r), Audacy also asks for a waiver of Section 25.114(c)(8), which specifies that applicants must provide the calculated maximum PFD levels within each coverage area needed for compliance with Section 25.208, for the angles of arrival specified in the applicable paragraphs of Section 25.208.[52] Consistent with our denial of Audacy’s waiver request of Section 25.208(r), Audacy’s request for a waiver of the Section 25.114(c)(8) related informational requirement is similarly denied.
5. Operations in the 40-42 GHz Band. This band is allocated to the FSS (space-to-Earth) on a primary basis.[53] We observe that in the Spectrum Frontiers proceeding, the Commission does not propose terrestrial mobile use of the 40-42 GHz band at this time.[54] Furthermore, Audacy’s proposed use of this band is consistent with the existing allocation.[55] We therefore grant Audacy’s request to operate in the 40-42 GHz band.
6. Operations in the 47.2-50.2 GHz Band. The 47.2-48.2 GHz portion of this band is currently allocated in the U.S. Table of Frequency Allocations for FSS, fixed service and mobile service, limited to non-Federal stations, and the 48.2-50.2 GHz portion is allocated for these same services for both Federal and non-Federal stations.[56] In the Spectrum Frontiers Second Report and Order, the Commission decided to limitFSS operations to individually licensed earth stationsin the 47.2-48.2 GHz portion of the band,which will also be authorized for terrestrial Upper Microwave Flexible Use Service (UMFUS) operations. In addition, earth station operations in the FSS in the 47.2-48.2 GHz band must not cause interference to stations in the fixed and mobile services, except where the individually licensed earth stations are authorized under Section 25.136 of the Commission’s rules.[57] In the Spectrum Frontiers MO&O,the Commission indicated that the 48.2-50.2 GHz portion of the band will be reserved for FSS use, including for deployment of satellite user terminals.[58] Accordingly, we grant Audacy’s request to operate in the 47.2-50.2 GHz band, subject to the rules adopted in the Spectrum Frontiers proceeding.
7. Operations in the 50.4-51.4 GHz Band and Associated Waivers. Audacy seeks authorization for uplinks in the 50.4-51.4 GHz band.[59] This band is allocated in the U.S. Table of Frequency Allocations to the FSS, but at the time Audacy filed its application, the 50.4-51.4 GHz frequency bands was not among the available frequencies for FSS that were listed in Section 25.202(a)(1) of the rules. Audacy, therefore, requested waiver of Section 25.202(a)(1).[60] The Commission recently decided to remove the list of FSS frequencies from Section 25.202(a)(1) as unnecessary.[61] Accordingly, Audacy’s request for waiver of Section 25.202(a)(1) is dismissed as moot.
8. In the V-band First Report and Order, the Commission designated the 50.4-51.4 GHz band segment for use by fixed and mobile.[62] The Commission recently proposed authorizing fixed and mobile use under the UMFUS rules in the 50.4-51.4 GHz band in the Spectrum Frontiers Order and Further Notice,[63] but has not yet acted on this issue.[64] Rather than act on access to this band prematurely, we defer action until sharing between terrestrial and satellite operations in the band, as well as other uses of the band, are addressed in the context of the Spectrum Frontiers Proceeding.
9. Limits on Emissions into the 50.2-50.4 GHz Band. The National Telecommunications and Information Administration (NTIA), on behalf of the National Aeronautics and Space Administration, the Department of Commerce, and the National Science Foundation, has expressed concerns about any proposed authorized out-of-band emission limits in the 50.2-50.4 GHz band that is designated for the Earth exploration-satellite service (EESS) (passive) use.[65] The NTIA indicated that these Federal agencies strongly opposed the future grant of NGSO FSS earth station licenses in the 49.7-50.2 GHz or 50.4-50.9 GHz bands operating in accordance with footnote US156 to Section 2.106 of the Commission’s rules,[66] stating that out-of-band emissions from such earth stations would result in harmful interference to the operations of U.S. government assets in the adjacent 50.2-50.4 GHz band.[67] The NTIA requested that more stringent out-of-band limits be placed on such earth station operations to ensure that the Federal government’s EESS operations at 50.2-50.4 GHz—particularly those aspects that are critical to its prediction of meteorological phenomena—are not compromised. The Commission acknowledges the significant concerns expressed by the NTIA and notes that thisunwanted emissions issue could be considered in a future Commission action. Therefore, although we require Audacy to comply with the out-of-band emission limits currently in footnote US156 to Section 2.106 of the Commission’s rules for its operations in the 49.7-50.2 GHz band,[68] we also explicitly condition Audacy’s authorization upon compliance with any future limits applicable to unwanted emissions into the 50.2-50.4 GHz band that may be adopted, either because of modifications approved by the 2019 World Radiocommunication Conference (WRC-19), or as a result of any future Commission rulemaking, independent of any ITU deliberation.[69]

C.Inter-Satellite Service Issues

1. Licensing and Coordination Issues. Audacy proposes to operate “forward and return” ISS links between its satellites and satellites operated by third parties in the 22.55-23.18 GHz, 23.38-23.55 GHz, 24.45-24.75 GHz, and 32.30-33.00 GHz frequency bands.