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FEDERAL COMMUNICATIONS COMMISSION

Veterans Affairs Department

CFR Citation: 47 CFR Parts 2, 25, and 87

Docket ID: [ET Docket No. 02-305; FCC 03-269]

NOTICE: Part III

DOCUMENT ACTION: Final rule.

SUBJECT CATEGORY: World Radiocommunication Conferences Concerning Frequency Bands Above 28 MHz

DATES: Effective January 22, 2004.

DOCUMENT SUMMARY: This document amends our rules to implement domestically various allocation decisions from several World Radiocommunication Conferences (``WRCs'') concerning the frequency bands between 28 MHz and 36 GHz, and to otherwise update our rules in this frequency range. The following actions are the most significant to nonFederal government operations: Implementation of generic mobilesatellite service (``MSS'') allocations in the bands 15251559 MHz and 1626.5 1660.5 MHz (``Lband''); allocation of the band 11641215 MHz to the radionavigationsatellite service (``RNSS''); deletion of unused and limited fixedsatellite service (``FSS'') and broadcastingsatellite service (``BSS'') allocations from the band 25002690 MHz; and upgrade of the Earth explorationsatellite service (``EESS'') allocation in the band 25.527 GHz from secondary to primary. In addition, at the request of the National Telecommunications and Information Administration (``NTIA''), we implement various allocation changes for the space science services and the intersatellite service (``ISS''), most of which involve spectrum primarily used by the Federal government. These actions conform our rules to previous WRC decisions and are expected to provide significant benefits to the American public.

SUMMARY: Federal Communications Commission,

SUPPLEMENTAL INFORMATION

This is a summary of the Commission's Report and Order, ET Docket No. 02305, FCC 03269, adopted October 31, 2003, and released November 4, 2003. The full text of this document is available on the Commission's Internet site at http://www.fcc.gov. It is also available for inspection and copying during regular business hours in the FCC Reference Center (Room CYA257), 445 12th Street, SW., Washington, DC 20554. The full text of this document also may be purchased from the Commission's duplication contractor, Qualex International, Portals II, 445 12th St., SW., Room CYB402, Washington, DC 20554; telephone (202) 8632893; fax (202) 8632898; email qualexint@aol.com.

Summary of the Report and Order

1. In the R&O, we provided for generic MSS allocations across all of the frequencies in the bands 15251559 MHz and 1626.51660.5 MHz. Specifically, we expanded the primary allocation in the bands 1545 1549.5 MHz, 1558.51559 MHz, 1646.51651 MHz, and 16601660.5 MHz from the aeronautical mobilesatellite (route) service (``AMS(R)S'') to all services within the MSS while preserving the status of AMS(R)S. The effect of this action is that the bands 15451559 MHz and 1646.51660.5 MHz will be made available to all types of MSS communications on a primary basis, rather than segmented for specialized use. This action permits more efficient use of this radio spectrum and facilitates the expansion of MSS use globally. In addition, we deleted the existing primary maritime mobilesatellite service (``MMSS'') and MSS allocations in the bands 15301544 MHz and 1626.51645.5 MHz, as they would now be superfluous. We also deleted the secondary allocation for aeronautical telemetry from the band 15251535 MHz to remove potentially conflicting allocations.

2. We allocate the band 11641215 MHz to the RNSS for spaceto Earth (``downlink'') and spacetospace transmissions in order to accommodate a new civil global positioning system (``GPS'') signal. This action permits the addition of GPS signal ``L5,'' which supports the safetyoflife requirements demanded by civil aviation. We also allocated the bands 12151240 MHz and 15591610 MHz, which are currently limited to RNSS downlinks, for RNSS spacetospace transmissions as well. This action allows use of spaceborne RNSS receivers for scientific and commercial applications.

3. We deleted the flight test and radiolocation allocations in the band 23202345 MHz because of the potential for conflict between these services and the Satellite Digital Audio Radio Service (``Satellite DARS''), which has been brought into operation in this band. We also deleted the unused FSS and BSS allocations from the band 25002690 MHz in order to remove allocations that are not compatible with twoway fixed and mobile operations that are operating and anticipated in the band.

4. We further implement domestically various allocation decisions from several WRCs concerning the space science services and the ISS. In this regard, we take the following actions:
[sbull] Revise secondary allocations for the Federal government EESS and the Federal government space research service (``SRS'') from secondary to primary status in 950 megahertz of spectrum in eight frequency bands and specify that these allocations are to be used for active sensor operations (``EESS (active)'' and ``SRS (active)''): 52505255 MHz, 52555350 MHz, 85508650 MHz, 95009800 MHz, 13.413.75 GHz, and 17.217.3 GHz.
[sbull] Modify the nonFederal government/Federal government shared allocations at 13.2513.4 GHz and 35.636 GHz to provide flexibility for the Federal government to use 550 megahertz of additional spectrum for EESS (active) and SRS (active) on a primary basis, and change the primary footnote allocation for active spaceborne sensors in the band 35.535.6 GHz to a direct Table listing.
[sbull] Modify the nonFederal government/Federal government shared allocation at 53505460 MHz to provide flexibility for the Federal government to use 110 megahertz of additional spectrum for the EESS (active) on a primary basis.
[sbull] Modify the nonFederal government/Federal government shared allocation at 401403 MHz to provide flexibility for the Federal government to use EESS uplinks and meteorologicalsatellite service (``METSAT'') uplinks on a primary basis.
[sbull] Modify the nonFederal government/Federal government shared allocation at 410420 MHz to provide flexibility for the Federal government to use the SRS on a primary basis for spacetospace transmissions.
[sbull] Modify the nonFederal government/Federal government shared allocation at 77507850 MHz to provide flexibility for the Federal government to use METSAT downlinks on a primary basis, limited to non geostationary satellite systems.
[sbull] Modify the nonFederal government/Federal government shared allocation at 84008450 MHz to provide flexibility for the nonFederal government to use SRS downlinks from deep space on a secondary basis. [sbull] Modify the nonFederal government/Federal government shared allocation at 25.2527.5 GHz to provide flexibility for the Federal government to use the ISS on a primary basis.
[sbull] Revise the EESS allocation from secondary to primary status in the band 25.527 GHz and change the directional
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indicator from spacetospace to spacetoEarth.

5. In addition, we: (1) Delete the primary ISS shared allocation from the band 3232.3 GHz; (2) delete the secondary AMS(R)S allocation from the band 136137 MHz; (3) more than double the size of the geographic area in New Mexico and Texas where amateur stations in the band 420450 MHz will be limited in power and where spread spectrum radiolocation systems in the subband 420435 MHz should not expect to be accommodated; (4) modify our rules to reflect NTIA's recent action, which specified that Federal government wind profiler radars (``WPRs'') will operate in the subband 448450 MHz; (5) permit U.S. flagged ships to use more spectrumefficient equipment for onboard mobile radiotelephony communications in areas outside the territorial waters of the United States; (6) delete unused allocations for the International Fixed Public Radiocommunication Services (``IFPRS'') from the bands 2.12.2 GHz and 10.711.7 GHz; and (7) allocate the band 14 14.5 GHz to the MSS (Earthtospace), which includes aeronautical mobilesatellite service (``AMSS''), on a secondary basis. We also make numerous ministerial amendments to part 2 of our rules.

Discussion

6. In response to various petitions for rulemaking, the Commission has addressed in a number of proceedings many allocation changes that resulted from the 1992 World Administrative Radio Conference (``WARC 92'') and the 1995 and 1997 World Radiocommunication Conferences (``WRC95'' and ``WRC97''). In the Notice of Proposed Rule Making (``NPRM''), 67 FR 75968, December 10, 2002, in this proceeding, the Commission turned to additional allocation changes from these conferences that have not previously been considered, including several changes sought mainly at the request of NTIA. The NPRM also addressed the RNSS allocation changes from the 2000 World Radiocommunication Conference (``WRC2000''), a Petition for Rule Making filed by the Lockheed Martin Corporation (``Lockheed Martin'') requesting that the WRC2000 RNSS allocations in the bands 11641215 MHz and 15591610 MHz be implemented domestically and that these frequency bands be added to part 25 of the Commission's Rules, and some nonWRC allocation issues that concern the frequency bands between 28 MHz and 36 GHz. These issues included downgrading the primary flight test and radiolocation allocations in the band 23202345 MHz to secondary status, deleting the limited BSS and FSS allocations from the band 25002690 MHz, deleting unused IFPRS allocations from the bands 2.12.2 GHz and 10.711.7 GHz, and making various ministerial amendments to clean up and update the rules.

A. Generic MSS at LBand

7. Proposals. Domestically, the Commission has previously implemented generic MSS proposals in portions of the Lband. However, routine, nonsafety related MSS public correspondence is currently precluded in the uppermost one megahertz of upper Lband spectrum (1558.51559 MHz and 16601660.5 MHz) and may be provided in nine megahertz of additional upper Lband spectrum only on a secondary basis (15451549.5 MHz and 1646.51651 MHz). Accordingly, the Commission proposed in the NPRM to expand the permitted primary services from AMS(R)S to all MSS in the bands 15451549.5 MHz, 1558.51559 MHz, 1646.51651 MHz, and 16601660.5 MHz.

8. In addition, the Commission proposed to take the following non substantive, ``cleanup'' actions: (1) Delete the superfluous MMSS allocations from bands 15301544 MHz and 1626.51645.5 MHz, (2) delete the superfluous secondary MSS allocations from the bands 15451549.5 MHz and 1646.51651 MHz, and (3) delete the superfluous AMS(R)S allocations from the bands 1549.51558.5 MHz and 16511660 MHz. The effect of these proposals is that the band 15251559 MHz would be allocated for MSS downlinks on a primary basis and the band 1626.5 1660.5 MHz would be allocated for MSS uplinks on a primary basis.

9. The Commission proposed to maintain footnotes US308 and US315 concerning the priority to be afforded distress and safety communications, stating that it believed that these generic MSS allocations would provide MSV and others with maximum flexibility, without hindering the use of this spectrum for distress and safety communications. The Commission requested comment on whether footnote US308 should be modified or replaced by international footnotes 5.357A and 5.362A. The Commission also proposed to update part 25 of the rules by stating that the bands 15251559 MHz and 1626.51660.5 MHz are available for use by Lband MSS systems and that use of the bands 1544 1545 MHz and 1645.51646.5 MHz is limited to distress and safety communications.

10. The Commission also requested comment on whether the secondary mobile allocation, which is limited to aeronautical telemetry in the band 15251535 MHz, should be deleted in the United States Table of Frequency Allocations (``U.S. Table'') and on whether cofrequency transmissions from aircraft can cause harmful interference to the MSS. Consistent with this proposal, the Commission also proposed to revise footnote US78 to remove the frequency 1525.5 MHz, which can be used for both aircraft and spacecraft telemetry. The Commission further requested comment on whether the aeronautical telemetry operations in the band 15251535 MHz can be relocated to either the band 14351525 MHz or to the band 23102385 MHz.

11. Decision. We adopted the generic MSS allocation proposal for the bands 15251559 MHz/1626.51660.5 MHz set forth in the NPRM, deleting the secondary aeronautical telemetry allocation from the band 15251535 MHz and revising footnote US78 to remove the frequency 1525.5 MHz, and retaining footnotes US308 and US315. Commenters expressed strong support for a generic MSS allocation and deletion of the secondary aeronautical telemetry allocation, and we find that these changes will enhance flexibility and efficiency in the bands 15251559 MHz and 1626.51660.5 MHz. While there is a difference of opinion regarding the desirability of retaining footnotes US308 and US315, we concur with MSV that the advantages of retaining them outweigh the disadvantages. As noted by MSV, footnotes US308 and US315 are long standing and replacement of them by international footnotes 5.357A and 5.362A, which have different language, would introduce confusion as to whether policy changes were being made. Further, Sec. 25.136(d) and (e) of the Commission's rules set forth specific requirements for MSS mobile and land earth stations that satisfy the priority and preemption requirements of footnote US315. Regarding footnote US309, we concur with MSV that this footnote allows terrestrial stations in the AMS(R)S to operate in more of the band than international footnotes 5.357A and 5.362A, in order to supplement satellitetoaircraft links in that service. The broader spectrum range allowed by US309 is more consistent with the Commission's decision to expand AMS(R)S use within a generic MSS allocation. Thus, we decline to modify US309, which we did not propose to change in the NPRM. Accordingly, we
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are retaining footnotes US308, US315, and US309.

B. RNSS Allocations

12. Proposals. As requested by NTIA, the Commission proposed in the NPRM to adopt new footnote US385, which would allocate the band 1164 1189 MHz for RNSS downlink and spacetospace transmissions on a primary basis. It also proposed to add definitions of Differential Radionavigation Satellite Service (``Differential RNSS'') Station and Differential Global Positioning System (``DGPS'') Station to part 2 of the Commission's Rules, as follows:

Differential Radionavigation Satellite Service (Differential RNSS) Station. A station used for the transmission of differential correction data and related information (such as ionospheric data and RNSS satellite integrity information) as an augmentation to an RNSS system for the purpose of improved navigation accuracy.

Differential Global Positioning System (DGPS) Station. A differential RNSS station for specific augmentation of GPS.

13. Additionally, the Commission requested comment on whether the band 11641189 MHz should be added to a new footnote US343 that was proposed in WT Docket No. 01289. This footnote would provide that DGPS stations may be authorized on a primary basis in the bands 108117.975 MHz and 15591610 MHz for the specific purpose of transmitting DGPS information intended for aircraft navigation. The Commission further sought comment on whether it should allocate domestically the international RNSS allocation at 11891215 MHz, and in particular on whether this allocation is needed to support U.S. requirements. In the NPRM, the Commission observed that studies continue in the international process to determine the aggregate impact of multiple RNSS systems on incumbent aeronautical radionavigation service (``ARNS'') systems and that, given the safetyoflife aspects of these ARNS systems, the Commission did not anticipate adopting this additional allocation unless a need is demonstrated and studies are done that support such a move.

14. The NPRM also proposed to add a spacetospace directional indicator to the primary RNSS allocation in the bands 12151240 MHz and 15591610 MHz, which are currently limited to downlink transmissions, to recognize current and future use of spaceborne RNSS receivers for scientific and commercial applications. Finally, the NPRM declined to propose adding the RNSS L1 and L5 frequencies to Sec. 25.202(a) of the Commission's Rules, as requested by the Lockheed Martin petition for rule making.

15. Decision. Since adoption of the NPRM in this docket, WRC03 has taken certain decisions regarding RNSS that are relevant to issues raised in this proceeding. In particular, as noted by NTIA, WRC03 has modified footnote 5.328A of the international Table of Allocations to clarify that all stations in the RNSS operating in the band 11641215 MHz shall operate in accordance with specified aggregate interference protection criteria for ARNS (121.5 dB(W/m\2\) in any 1 MHz band) and not claim protection from stations in the ARNS operating in the 960 1215 MHz band. Administrations operating RNSS stations in these bands are to cooperate to ensure that the protection criteria are satisfied. In the NPRM in this proceeding, we proposed to add a primary RNSS allocation in the band 11641189 MHz, and sought comment on whether we should extend the allocation to the band 11891215 MHz, noting in regard to the latter band that studies were underway in the international process to determine the aggregate impacts of multiple RNSS systems on incumbent ARNS systems. We stated that we would not anticipate adopting this additional allocation unless a need was demonstrated and studies completed. Although we did not propose pfd limits on RNSS systems, we did propose to adopt a new United States footnote that would require RNSS stations to not cause interference to, nor claim protection from, stations in the ARNS. Given the WRC03 results and support on the record in this proceeding, we conclude that the RNSS allocation should extend from 11641215 MHz. This increased allocation will provide flexibility for potential future GPS implementation plans and facilitate cooperative efforts among administrations operating RNSS systems in these bands to protect ARNS systems. However, we concur with NTIA that a footnoterather than a tableallocation for the new 11641215 MHz RNSS band is appropriate, and that this footnote should include language specifying that RNSS shall not cause harmful interference to ARNS. While Inmarsat Ventures plc (``Inmarsat'') contends that this language could be construed as an additional requirement or superfluous to the WRC03 aggregate interference protection criteria, we find it appropriate as an interim measure. We intend to address how best to reference the WRC03 protection criteria for ARNS, whether by adopting international footnote 5.328A or modifying our part 25 satellite service rules, when we initiate a proceeding to address WRC03 implementation.

16. With regard to Lockheed Martin's recommendations that we expand the current GPS L2 spectrum at 12151240 MHz to 12151300 MHz and permit nonFederal government RNSS use of the band 12151300 MHz, we observe that the NPRM did not propose either of those changes and thus we have declined to consider these changes at this time. With regard to Lockheed Martin's recommendation that we add the international RNSS allocations at 11641215 MHz and 15591610 MHz to the part 25 list of frequency bands available for satellite services, we see no advantage to be gained by taking that action now. As the Commission stated in the NPRM, such action would be more appropriate in connection with development of service and licensing rules for the RNSS frequency bands, and following development of international technical criteria for operations in these bands. We will explore all of these issues when we consider the WRC03 protection criteria for ARNS in the WRC03 implementation proceeding.

17. With regard to Inmarsat's recommendation that we not adopt the proposed definitions of Differential RNSS and DGPS stations, we disagree with Inmarsat that these definitions create ambiguity or confusion between them and any current definition in either our rules or in the ITU rules. The definitions are simply informational. As we observed in the NPRM, differential RNSS correction data and related information is transmitted in a data link and sometimes is not within the RNSS. These definitions clarify that this information augments the RNSS system and improves navigation accuracy. Accordingly, we are adding the proposed definitions of Differential RNSS and DGPS stations to part 2 of the rules.

18. Finally, with regard to Inmarsat's comments on whether the band 11641189 MHz should be added to proposed footnote US343, we note that this footnote was proposed in the Notice of Proposed Rule Making in WT Docket No. 01289, which is still pending. We do not wish to prejudge whether proposed US343 will be adopted in that proceeding; hence, we will defer consideration of the possible addition of the band 11641189 MHz to proposed US343 to the Report and Order in WT Docket No. 01289. C. Satellite DARS and Adjacent Bands

19. Proposals. In the NPRM, the Commission proposed to revise footnote US328 to permit flight testing
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operations to continue on a secondary basis in the band 23202345 MHz. The Commission also proposed to delete the radiolocation service from footnote US328 because there are no nonFederal government
radiolocation operations in the Satellite DARS band and because the Federal government already has a secondary direct Table allocation for this service. It further proposed to delete the requirement that Satellite DARS licensees take cognizance of the launch vehicle frequency 2332.5 MHz because satellite DARS systems have been implemented. In addition, the Commission requested comment on whether all secondary operations should be deleted from this band in order to protect Satellite DARS operations. It proposed to amend Sec. 87.303(d)(1) to state that frequencies in the band 23102360 MHz may be assigned on a secondary basis for telemetry and telecommand operations associated with the flight testing of manned or unmanned aircraft and missiles, or their major component, and proposed to delete the launch vehicle frequency 2332.5 MHz from Sec. 87.303(d)(1). The Commission also proposed to add crossreferences in the U.S. Table to part 25, Satellite Communications, in the band 23202345 MHz, and to part 87, Aviation Services, in the band 23102390 MHz. Finally, the NPRM proposed to delete footnote 5.396 from the band 23102360 MHz from the Federal Government Table because that footnote pertains to the broadcastingsatellite service, which is not regulated by NTIA; and to delete footnote US338 from the band 23102320 MHz because that footnote does not pertain to that band. These combined actions were designed to clarify use of the band 23102390 MHz and to permit the new satellite DARS service to operate in an interferencefree environment in the band 23202345 MHz.

20. Decision. We are adopting the proposals pertaining to the band 23102390 MHz set forth in the NPRM, except that we are deleting the mobile service allocation from band 23202345 MHz in the U.S. Table and are deleting footnotes US276 and US328, which limit uses under the mobile allocation, from that band. The comments of the Aerospace and Flight Test Radio Coordinating Council and the Boeing Company (``Boeing'') convince us that there is no need to maintain a secondary aeronautical telemetry allocation in the band 23202345 MHz because such an allocation would be unusable due to potential interference from new Satellite DARS operations. Because footnote US276 currently limits the use of the mobile service in the band 23202385 MHz to aeronautical telemetry, this United States footnote is retained but henceforth will apply only to the band 23602385 MHz. In contrast, footnote US328, which applies only to the band 23202345 MHz, is deleted in its entirety. In all other respects, we adopt the proposals for the band 23102390 MHz set forth in the NPRM. This action will eliminate possible interference to Satellite DARS operations, as well as remove confusion regarding use of the band 23102390 MHz.

D. ITFS/MDS Band

21. Proposals. In the NPRM, the Commission stated its belief that FSS and BSS operations in the band 25002690 MHz could affect the reliability of pointtomultipoint channels and lowpower consumer response channels in that band and noted that service rules for advanced mobile operations may also be implemented in that band in the future. Therefore, the Commission proposed to delete the unused and limited FSS and BSS allocations from the band 25002690 MHz in order to remove regulatory uncertainty. Consistent with its proposal to delete these allocations, the Commission also proposed to delete footnotes NG101 and NG102, which limit the use of the allocations. In addition, it proposed to delete footnote NG47 so as to make the band 26552690 MHz available for ITFS/MDS use in Alaska.

22. Decision. We are adopting the proposals pertaining to the band 25002690 MHz set forth in the NPRM. No party objects to the proposal to delete the FSS allocation in that band, and only AirTV Limited (``AirTV'') objects to the proposal to delete the BSS allocation in that band. We make no finding on the potential benefits of AirTV's proposed based DirecttoAircraft entertainment and email system in the band 25352670 MHz. However, we find that such a system would increase costs for terrestrial services due to the need to mitigate interference caused by AirTV's system. We concur with Boeing that the World Trade Organization agreement does not apply to AirTV's system and thus the U.S. may limit new satellite authorizations when faced with potential interference issues with incumbent operations. We concur with the Wireless Communications Association International, Inc. that AirTV has not met the burden of demonstrating that its system will not cause interference to terrestrial services that use the band 25202670 MHz. Accordingly, as proposed in the NPRM, we are deleting the FSS and BSS allocations from the band 25002690 MHz and are deleting footnotes NG47, NG101, and NG102.

E. Space Science Services

23. Proposals. With respect to active spaceborne sensors, in the NPRM the Commission proposed, in response to a request from NTIA, to allocate the bands 12151300 MHz, 31003300 MHz, 52555350 MHz, 8550 8650 MHz, 95009800 MHz, 13.2513.4 GHz, 17.217.3 GHz, and 35.536 GHz to the EESS (active) and SRS (active); the bands 52505255 MHz and 13.413.75 GHz to the EESS (active) and SRS; and the band 53505460 MHz to the EESS (active). These allocation changes would implement WRC97 allocation changes for the space science services. For the Federal Government Table, the Commission proposed that all of these active spaceborne sensor allocations have primary status, except in the band 31003300 MHz, where the sensors would continue to have secondary status. For the nonFederal Government Table, the Commission proposed that all of these allocations have secondary status. At the request of NTIA, the Commission also proposed to add five international footnotes to the U.S. Table to ensure that active spaceborne sensors not cause harmful interference to, nor constrain the use and development of, incumbent primary services in the bands 12151300 MHz, 53505460 MHz, and 13.2513.75 GHz. Finally, and also at the request of NTIA, the Commission proposed to add two international footnotes to the U.S. Table to ensure that primary SRS allocations in the bands 52505255 MHz and 13.413.75 GHz are limited to active spaceborne sensors and that other space research users are on a secondary basis. Consistent with these proposals, the Commission proposed to delete from the U.S. Table international footnotes 5.333 and 5.551, which provide the current secondary active spaceborne sensor allocations, and also proposed to delete the secondary allocation for the SRS (Earthtospace) in the band 13.2513.4 GHz.

24. With respect to other space science services, in the band 401 403 MHz the Commission proposed in the NPRM, in response to a request from NTIA, to upgrade the secondary EESS and METSAT allocations to primary status for Federal government use and to limit nonFederal government use of these allocations to earth stations transmitting to Federal government space stations. The Commission requested comment on whether nonFederal government use of these allocations should be limited to earth
[[Page 74326]]
stations transmitting to Federal government space stations. The Commission proposed to allocate the band 410420 MHz to the SRS (space tospace) on a primary basis for Federal government use and to limit its use, through the application of footnote 5.268, to permit communications among astronauts and their base spacecraft while those astronauts are performing activities outside the base spacecraft. In the band 77507850 MHz, the Commission proposed an allocation for Federal government METSAT downlink use, limited to NGSO satellites, as requested by NTIA. In the band 84008450 MHz, the Commission proposed an allocation for Deep Space downlinks on a secondary basis, to permit nonFederal government entities, such as educational institutions, to perform scientific research in cooperation with the National Aeronautics and Space Administration (``NASA''). In the 32 GHz band range, the Commission proposed to delete the unused ISS allocation from the band 3232.3 GHz in order to protect deep space reception at Goldstone, California, and proposed to move the text of an international footnote into a U.S. footnote to reflect the anticipated prohibition on use of the band 3232.3 GHz by the ISS. Finally, in the 34 GHz frequency range, the Commission proposed to move the SRS (deep space) (Earthtospace) allocation at 34.234.7 GHz from a U.S. footnote into the U.S. Table as a direct Table allocation, with Federal government use on a primary basis and with nonFederal government use on a secondary basis; and proposed to move the Goldstone site restriction in that same band from footnote US252 to US262.

25. Decision. We are adopting the proposals to provide a primary Federal government allocation and a secondary nonFederal government allocation for EESS (active) and SRS (active) in the band 12151260 MHz. With regard to Lockheed Martin's concerns that a primary allocation for EESS (active) and SRS (active) would pose a threat of harmful interference to domestic and global RNSS, we disagree. First, we are adding international footnote 5.332, which states that, for the band 12151260 MHz, active spaceborne sensors in the EESS and SRS shall not cause harmful interference to, claim protection from, or otherwise impose constraints on operation or development of the radiolocation service, the RNSS and other services allocated on a primary basis. Second, we observe that the international frequency table already contains primary allocations for RNSS, EESS (active) and SRS (active) in the band 12151300 MHz. Thus, if the U.S., in the future, decides to add a primary RNSS allocation to the 12601300 MHz band, such a decision would be consistent with the existing international allocation. Any appropriate sharing criteria can be worked out at that time. With regard to Medtronic Inc.''s recommendation that nonFederal government use of the EESS and METSAT allocations in the band 401403 MHz be limited to earth stations transmitting to Federal government space stations, no party supports permitting earth stations to transmit to nonFederal government space stations in this band and we did not propose such use. Accordingly, we decline to permit that use. F. The Band 25.2527.5 GHz

26. Proposals. In the NPRM, the Commission noted that there are currently no FCC licensees using the secondary EESS allocation in the band 25.2527.5 GHz and proposed to: (1) generally reflect changes previously made to the Federal government Table in the NTIA Manual, including adopting a primary ISS allocation in that band and changing the directional indicator for the secondary EESS allocation in the sub band 25.527 GHz from spacetospace to spacetoEarth; (2)
correspondingly change the directional indicator for the secondary non Federal government EESS allocation in that subband; (3) upgrade the Federal government EESS allocation in that subband to primary status; and (4) delete the remainder of the secondary EESS allocation (25.25 25.5 GHz and 2727.5 GHz).

27. Decision. We are adopting the proposals pertaining to the band 25.2527.5 GHz set forth in the NPRM, except that we are maintaining, rather than deleting, the secondary nonFederal government allocation for the EESS (spacetospace) in that band. We take the latter action to allow flexibility for both spacetospace and spacetoEarth operations by Federal and nonFederal government users in that band. With respect to DigitalGlobe Inc.''s and Space Imaging, LLC's concerns about nonFederal government EESS systems, we find that these two companies have presented evidence that the nonFederal government, as well as the Federal government, EESS allocation in the subband 25.527 GHz band should be upgraded to primary status, but we conclude that we have insufficient basis to upgrade that allocation at this time. The NPRM did not propose to upgrade the nonFederal government allocation, and `` based on the limited record in this proceeding `` we are unable to conclusively determine whether Federal government fixed, mobile, ISS, and EESS users of the subband 25.527 GHz would be adversely affected by this upgrade. Accordingly, we decline to take that action at this time. However, we plan to explore in the WRC03 implementation proceeding referenced in paragraph 24, of the R&O, whether that change could be made without adversely impacting Federal government users of that subband. In the interim, because nonFederal government EESS providers will use that subband on a secondary basis to Federal government users, it is incumbent that EESS applicants coordinate their proposed operations with NTIA in order to protect those users. Accordingly, we are adopting the changes for the band 25.2527.5 GHz proposed in the NPRM, except for maintaining the secondary nonFederal government allocation for the EESS (spacetospace) in that band. G. Other Allocation Issues
(1) Secondary AMS(R)S Allocation in the Band 136137 MHz

28. Proposals. The NPRM proposed a footnote change in the U.S. Table in order to delete the unused AMS(R)S allocation from the band 136137 MHz. In addition, the NPRM proposed a footnote change to remove the expired transition plan for METSAT use of the band 136137 MHz.

29. Decision. No party commented on the proposals pertaining to the band 136137 MHz set forth in the NPRM. We are adopting these proposals. This action will bring the U.S. Table in the band 136137 MHz into conformance with the band's use by the AM(R)S, remove the potentially conflicting AMS(R)S secondary allocation, and remove the expired transition plan for METSAT use of the band.

(2) The Band 420450 MHz

30. Proposals. In the NPRM, the Commission, in response to a request from NTIA on behalf of the U.S. Army, proposed to modify footnotes to the U.S. Table to more than double the combined size of the geographical area in Texas and New Mexico where the maximum transmitter power that amateur radio stations may use in the band 420 450 MHz would generally be limited to 50 watts PEP, rather than the usual limit of 1.5 kW PEP. In its request to the Commission, NTIA states that this geographical area must be extended to prevent interference from amateur radio operations to a New Mexico missile test range. NTIA cites Army concerns that amateur operations in this area present an interference threat to missiles
[[Page 74327]]
launched at Fort Wingate, NM, aimed at the airspace over White Sands Missile Range, NM, because there is now a Department of Defense test and evaluation center that uses areas west and south of Albuquerque, NM. Also in response to a request from NTIA, the Commission stated that it intended to place an informational footnote in its Rules pertaining to Federal government wind profiler radar (``WPR'') radiolocation use of the subband 448450 MHz. Finally, the NPRM requested comment on whether nonFederal government WPRs should also be allowed in that sub band on either a primary or secondary basis and on the impact of WPRs on nonFederal government operations permitted in that subband.

31. Decision. We are adopting the proposals pertaining to the band 420450 MHz set forth in the NPRM. With regard to the recommendation of ARRL, the National Association for Amateur Radio (``ARRL''), that the Commission establish an expedited method of processing amateur radio license requests in cases where amateurs are able to reach agreements with military area frequency coordinators, we note that our license processing procedures are not subject to rulemaking; however, we always seek to process applications as expeditiously as possible. With regard to the concern of Douglas Hanzan amateur radio licenseethat amateur radio stations be permitted to use 110 watts PEP in that band with a restriction of 6dBi antenna gain, inclusive of transmission line loss, we observe that there already is a procedure by which amateur licensees can use powers greater than 50 watts; i.e., by reaching agreement with a military area frequency coordinator. As indicated in NTIA's correspondence to us of August 2002, the Army finds that the area in Texas and New Mexico where amateur transmitter power in the band must be limited should be expanded to protect missile testing and evaluation at a test range in New Mexico. Accordingly, we are adopting our proposal to modify footnotes to the U.S. Table to expand the area in Texas and New Mexico where the maximum transmitter power that amateur radio stations may use in the band 420450 MHz would generally be limited to 50 watts PEP. With regard to permitting nonFederal government WPR use of the subband 448450 MHz, only ARRL commented, and it is strongly opposed. Because no one expresses an interest in such nonFederal use, we will not permit nonFederal government WPR use in the 448450 MHz subband.

(3) OnBoard Mobile Radiotelephony Communications

32. Proposals. In the NPRM, the Commission proposed to replace international footnote 669 with footnote 5.287 in the U.S. Table for the band 456470 MHz. The effect of this proposal would be to permit U.S. licensees to use maritime mobile equipment that is more spectrum efficient and that has access to ten instead of six channels for on board communications in areas outside U.S. territorial waters.

33. Decision. No party commented on our proposal to replace international footnote 669 with footnote 5.287 in the U.S. Table for the band 456470 MHz, thereby revising the frequency use provision for onboard mobile radiotelephony maritime communications. Accordingly we are adopting this proposal. This action will permit more efficient maritime mobile equipment to be employed outside U.S. territorial waters.

(4) IFPRS Use in the Bands 2.12.2 GHz and 10.711.7 GHz

34. Proposals. In the NPRM, the Commission, in order to remove regulations that are no longer needed, proposed to delete footnote NG23, which pertains to the band 21002200 MHz, and to revise footnote NG41 to remove the band 10.711.7 GHz because there are no longer any IFPRS licensees operating in either of these bands. The Commission also proposed to delete all crossreferences to part 23, except for Cband, from column 6 of the Table of Frequency Allocations.

35. Decision. We are adopting the proposals pertaining to the IRPRS set forth in the NPRM, but are rejecting the recommendation of the PanAmSat Corporation (``PanAmSat'') to prohibit new Cband IFPRS facilities. There is no opposition to the proposals relating to the IFPRS; however, PanAmSat recommends that we take additional action. While we concur with PanAmSat that new IFPRS facilities are unlikely to be required in Cband, we do not want to foreclose the opportunity for additional use of this service in remote island areas if it is required. Further, we have not given interested parties sufficient notice in this proceeding to prohibit such facilities. Additionally, there would be no significant administrative advantage of such a prohibition, as Cband IFPRS rules must be retained for existing facilities. Accordingly, we deny PanAmSat's request.

(5) Secondary MSS Use of the Band 1414.5 GHz

36. Proposals. In the NPRM, the Commission observed that LMSS operates on the band 1414.5 GHz in the United States on a secondary basis without causing harmful interference to ubiquitously deployed VSATs and that other nations have implemented MMSS uplinks in the band 1414.5 GHz on a secondary basis. The Commission also observed that it agreed with the U.S. WRC97 Proposals that using the same or similar terminals to offer MMSS services in the band 1414.5 GHz should be compatible with other services in this band, especially since the LMSS allocation has been successfully used in the United States for some time. Accordingly, the Commission proposed in the NPRM to allocate the band 1414.5 GHz to the MSS (Earthtospace) except AMSS on a secondary basis for nonFederal government use.

37. Decision. We are allocating the band 1414.5 GHz to the MSS, including AMSS (Earthtospace), for nonFederal government use on a secondary basis. There is no opposition to this allocation. Consistent with the comments of Boeing regarding AMSS, we believe that such use of the band appears to be technically feasible and would be helpful in meeting the growing demand for twoway broadband data and
communications capabilities for commercial aircraft passengers and crew. Further, WRC03 added a worldwide secondary AMSS allocation in this band. We find that conforming the U.S. Table to this recent international allocation is desirable because it will facilitate an important new use of the 1414.5 GHz band on a noninterference basis to other uses of the band. We further find that no party need be adversely impacted by this action. However, we note that the SRS has a secondary allocation in a portion of this band and NASA uses that allocation as a downlink for its Tracking and Data Relay Satellite System (``TDRSS''). Further, the National Science Foundation (``NSF'') operates radio astronomy services (``RAS'') in the band 14.4714.50 GHz in accordance with footnote US203 and Radio Astronomy is allocated on a secondary basis internationally. Therefore, users of AMSS will need to deal with protection of radio astronomy. We also note that a number of administrations have specified specific protection requirements for radio astronomy. In December 2001, we issued Boeing a license to operate mobile earth stations aboard aircraft in the 1414.5 GHz band [[Page 74328]]
and imposed several conditions on that license, including the conditions that Boeing not constrain deployment of additional government stations operated by NASA in the SRS and that Boeing design and operate its system in accordance with its Technical Operational Coordination Agreement with NSF to facilitate the protection of RAS. Boeing must continue to operate in accordance with the conditions that we imposed on its license and thus must continue to protect the TDRSS and RAS operations in the 1414.5 GHz band. Further, in accordance with a Memorandum of Understanding (``MOU'') that we reached with NTIA in July 2002, we will protect those operations from interference by any future AMSS operations that we authorize in that band. Until we adopt final rules relating to allocation changes in the 1414.5 GHz band or licensing of AMSS terminals in that band, we will place the following conditions on any additional system authorizations that we may issue in that band for a service similar to Boeing's:
(1) The system shall be designed and operated so as not to cause harmful interference to TDRSS or RAS operations in the United States; and
(2) The system shall not constrain future deployment of additional Federal Earth Stations in the SRS and RAS authorized pursuant to existing allocations.

Because RAS operations in the band 14.4714.5 GHz operate on an unprotected basis domestically, we will maintain the protection of RAS as articulated in the conditions specified above. However, we note that the Commission may explore in a future rulemaking the protection levels or mechanism necessary to protect these services. The NTIA/FCC MOU states that ``[t]he FCC will endeavor to reflect in its decisions conditions and constraints that explicitly protect NASA, NSF and other government operations (i.e., ITUR Recommendation RA. 769 for Radio Astronomy and ITUR Recommendations S.A. 5.10, S.A. 1017, S.A. 1155, S.A. 1414, M. AMSS for TDRSS earth stations, and Boeing's Technical Operational Coordination Agreement with NSF, dated 13 December 2001, and the letter of guidance provided to Boeing by NASA, dated December 18, 2001.''

38. Lastly, as noted in paragraph 55, of the R&O, government fixed and mobile services are allocated on a secondary basis in the band 14.414.5 GHz. Protection criteria for these government terrestrial operations may need to be developed in conjunction with AMSS service rules in the 1414.5 GHz band.

39. Accordingly, we are allocating the 1414.5 GHz band to all MSS uses on a secondary basis to the primary FSS in that band, as well as on a secondary basis to the primary radionavigation service in the 14 14.2 GHz subband. Finally, with regard to PanAmSat's concern about MMSS, we observe that such use of the band 1414.5 GHzlike other MSS use of this bandwill be on a secondary basis to FSS, and we find no need to further restrict how MMSS should operate in the band. H. Ministerial Amendments

40. Proposals. In the NPRM, the Commission proposed to make a number of ministerial amendments to part 2 of the Commission's rules. First, to eliminate both confusion and outdated provisions, the Commission proposed to:
(1) Replace international footnotes 599A, 608A, 608B, and 647B in the ``Little LEO'' bands of the U.S. Table with footnotes 5.208, 5.219, 5.220, and 5.264, respectively, which are nonsubstantive changes; (2) Merge footnote US322 into US320, that is, add the bands 149.9 150.05 MHz and 399.9400.05 MHz to footnote US320, and delete superfluous footnotes US322 and 599B from the U.S. Table;
(3) Delete expired footnote US318 from the band 137138 MHz and the part 25 cross reference from the band 136137 MHz; and
(4) Delete expired text from section 25.202(a)(3), which concerns the allocation status of certain of the Little LEO bands.

41. Second, the Commission observed that, in WT Docket No. 01289, it proposed to delete the Civil Air Patrol (``CAP'') from part 87 of the rules because the Commission has no formal relationship with the CAP, which is authorized by the U.S. Air Force and NTIA. To be consistent with that proposal, in the NPRM the Commission proposed to delete footnote US10, which states that several frequencies in the band 138144 MHz are available for use by the CAP.

42. Third, the Commission proposed to delete international footnote 510 from the band 144146 MHz in the nonFederal Government Table. This footnote, through its reference of Resolution 640, invited administrations to provide for the needs of international disaster communications and for the needs of emergency communications using certain amateur bands.

43. Fourth, the Commission proposed to revise footnote US48 to remove provisions regarding the band 53505460 MHz that are already provided elsewhere in the Table. That is, there is already a primary direct Table allocation for Federal government radiolocation and a secondary direct Table allocation for nonFederal government radiolocation in the band 53505460 MHz for this purpose.

44. Fifth, the Commission proposed to revise footnote US110 to remove provisions regarding certain bands that are already shown in the Table. That is, there are primary direct Table allocations for Federal government radiolocation and secondary direct Table allocations for nonFederal government radiolocation in all of the bands listed in footnote US110, except for the band 92009300 MHz, which is allocated to both the Federal and nonFederal government radiolocation service on a secondary basis.

45. Sixth, the Commission proposed to revise footnote US310 to specify the pfd limits for all angles of arrival. Currently US310 specifies only the maximum and minimum pfd limits and references CCIR Recommendation 5101, which has been renumbered as Recommendation ITUR SA.5102, for the specific requirements.

46. Seventh, the Commission proposed to add a reference to footnote NG167 in the band 17.317.7 GHz to explicitly tie the allocation for the broadcastingsatellite service in the band 17.317.7 GHz to its feeder link allocation in the band 24.7525.25 GHz.

47. Eighth, the Commission proposed to make the following changes to the rule part crossreferences in column 6 of the Table of Frequency Allocations:
(1) Delete part 87, the Aviation Services, from the band 29.830 MHz and add part 87 to the bands 7273 MHz, 74.674.8 MHz, and 156.2475157.0375 MHz;
(2) Add part 90, the Private Land Mobile Radio Services, to the band 410420 MHz;
(3) Add part 80, the Maritime Services, to the band 15251535 MHz; and
(4) Add part 25, Satellite Communications, to the band 16601660.5 MHz.

48. Ninth, the Commission proposed to make the following changes to eliminate outdated requirements or correct typographical errors: (1) Clarify in footnote US217 that spread spectrum radiolocation systems may be authorized for Federal and nonFederal government use in the subband 420435 MHz within Alaska and the contiguous 48 states and correct several typographical errors;
(2) Correct a typographical error in footnote US316 by changing the [[Page 74329]]
NEXRAD expansion band from 29003100 MHz to 29003000 MHz;
(3) Delete the references to footnote NG30 in the band 806894 MHz and to footnote NG43 in the band 806849 MHz from the nonFederal Government Table because these footnotes have previously been deleted, but were not fully removed from the nonFederal Government Table; (4) Delete footnote NG63 because the Commission's licensing files show that there are no television broadcast translator stations still authorized to operate in the band 806890 MHz (old TV channels 7083); and
(5) Delete footnote US54 because Federal government radiolocation systems that could cause harmful interference to ARNS have had at least since 1961 to move to other frequency bands.

49. Tenth, the Commission proposed to replace the reference to international footnote 5.149 with footnote US342 in the U.S. Table for several frequency bands and proposed to add two additional bands to the text of that footnote. In addition, it proposed to delete footnote 5.149 from the band 1660.51668.4 MHz, and proposed to revise US342 by deleting the indication showing which frequency bands are used for spectral line observations. The Commission also requested comment on whether US342 could be revised to state that licensees are ``urged,'' (similar to footnote 5.149) instead of ``required'' to take all practicable steps to protect the radio astronomy service (``RAS'') from harmful interference.

50. Finally, the Commission observed that the band 7374.6 MHz is allocated exclusively to the RAS, which is a passive service, and that passive bands are listed in footnote US246. Accordingly, it proposed to add the band 7374.6 MHz to US246.

51. Decision. No party commented on any of the proposals pertaining to ministerial amendments to part 2 of the Commission's rules set forth in the NPRM. We are adopting these proposals, to enhance the accuracy of the U.S. Table. In addition, on our own motion, we are making nine additional ministerial changes. We are merging the bands 698746 MHz and 746764 MHz as the band 698764 MHz because the allocations in these bands are exactly the same and thus, this action simplifies our Table. We are deleting the band 34.234.7 GHz from footnote US252 because the SRS allocation for this band has been made a direct Table allocation. We are deleting the obsolete list of coordinated observatories from footnote US277 and are instead cross referencing the list of observatories in footnote US355. We are correcting footnote US355 in order to use the proper symbols for degree, minute, and second. We remove the ``S'' reference in footnote US303 to make the crossreference to ITU Radio Regulation No. 21.16 consistent with current practice. We are updating footnote NG114 to refer to the Public Mobile Service, not the Domestic Public Service, which no longer exists. At the request of NTIA, we are adding footnote 5.391, which prohibits highdensity mobile systems, to the band 22002290 MHz, which is Federal government exclusive band. We are adding cross reference to the Aviation Services (part 87) in the bands 23102320 MHz and 2345 2385 MHz. We also remove those footnotes to the Table of Frequency Allocations that are no longer in effect because they have been suppressed in the ITU Radio Regulations. These additional ministerial actions will update and otherwise remove errors from the U.S. Table. Final Regulatory Flexibility Certification

52. The Regulatory Flexibility Act of 1980, as amended (``RFA'') requires that a final regulatory analysis be prepared for noticeand comment rule making proceedings, unless the agency certifies that the ``the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities. The RFA generally defines the term ``small entity'' as having the same meaning as the terms ``small business,'' ``small organization,'' and ``small governmental jurisdiction.'' In addition, the term ``small business'' has the same meaning as the term ``small business concern'' under the Small Business Act. A ``small business concern'' is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the Small Business Administration (``SBA'').

53. The Report and Order amends parts 2, 25, and 87 of our rules in order to implement domestically various allocation decisions from several World Radiocommunication Conferences concerning the frequency bands between 28 MHz and 36 GHz and to otherwise update our rules in this frequency range. These allocations mainly affect Federal agencies. Those allocations that are most significant to nonFederal government operations are: (1) Implementing generic Lband MSS allocations; (2) allocating the band 11641189 MHz to the RNSS; and (3) deleting unused and limited FSS and BSS allocations from the band 25002690 MHz. Concerning Lband MSS, currently there is only one U.S. licensee. Concerning the RNSS allocation, only one or at most a few large companies are expected to be able to launch and maintain RNSS systems, which are expensive. The last action merely deletes unused allocations, with no direct effect on licensees or regulatees.

54. We have determined that the rules adopted in this R&O will not have a significant economic impact on a substantial number of small entities. Accordingly, we hereby certify that this R&O will not have a significant economic impact on a substantial number of small entities. The Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, will send a copy of this R&O, including this certification, to the Chief Counsel for Advocacy of the Small Business Administration.

Ordering Clauses

55. Pursuant to sections 1, 4, 301, 302(a), 303, 307, 309, 316, 332, 334, and 336 of the Communications Act of 1934, as amended, 47 U.S.C. sections 151, 154, 301, 302(a), 303, 307, 309, 316, 332, 334, and 336, the Report and Order and final rules are adopted.

56. The latefiled comments of DigitalGlobe, Inc. to the Notice of Proposed Rule Making in this proceeding are accepted.

57. The Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Report and Order, including the Final Regulatory Flexibility Certification, to the Chief Counsel for Advocacy of the Small Business Administration.

58. This proceeding is terminated.
List of Subjects
47 CFR Part 2

Communications equipment, Radio.
47 CFR Part 25

Commmunications equipment, Satellites.
47 CFR Part 87

Air transportation.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR parts 2, 25, and 87 as follows:
[[Page 74330]]
PART 2FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS
1. The authority citation for part 2 continues to read as follows:

Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise noted.
2. Section 2.1 is amended by adding the following definitions in alphabetic order:
Sec. 2.1 Terms and definitions.

* * * * *

Differential Global Positioning System (DGPS) Station. A differential RNSS station for specific augmentation of GPS.

Differential Radionavigation Satellite Service (Differential RNSS) Station. A station used for the transmission of differential correction data and related information (such as ionospheric data and RNSS satellite integrity information) as an augmentation to an RNSS system for the purpose of improved navigation accuracy.
* * * * *
3. Section 2.106 is amended as follows:
a. Revise pages 22 through 75 of the Table.
b. In the list of International Footnotes under heading I, remove footnotes 5.120, 5.148, 5.333, and 5.551; add footnotes 5.457A, 5.457B, 5.504A, 5.504B, 5.504C, 5.506A, 5.506B, 5.508A, and 5.509A; and revise footnotes 5.505 and 5.508.
c. In the list of International Footnotes under heading II, remove footnotes 591, 599A, 599B, 608A, 608B, 647B, 669, and 792A. d. In the list of United States (US) Footnotes, revise US7, US48, US78, US110, US217, US244, US246, US252, US258, US262, US276, US277, US278, US303, US310, US316, US320, US342, and US355; remove US10, US54, US228, US269, US318, US322, and US328; and add footnotes US384, US385, and US386.
e. In the list of NonFederal Government (NG) Footnotes, remove NG23, NG47, NG63, NG101, and NG102; and revise NG41 and NG114.
f. In the list of Federal Government (G) Footnotes, revise footnote G2 and add footnote G129.

The revisions and additions read as follows:
Sec. 2.106 Table of Frequency Allocations.
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International Footnotes

* * * * *

5.457A In the bands 59256425 MHz and 1414.5 GHz, earth stations on board vessels may communicate with space stations of the fixedsatellite service. Such use shall be in accordance with Resolution 902 (WRC03).

5.457B In the bands 59256425 MHz and 1414.5 GHz, earth stations located on board vessels may operate with the
characteristics and under the conditions contained in Resolution 902 (WRC03) in Algeria, Saudi Arabia, Bahrain, Comoros, Djibouti, Egypt, United Arab Emirates, Jordan, Kuwait, Libyan Arab Jamahiriya, Morocco, Mauritania, Oman, Qatar, Syrian Arab Republic, Sudan, Tunisia and Yemen, in the maritime mobilesatellite service on a secondary basis. Such use shall be in accordance with Resolution 902 (WRC03).

* * * * *

5.504A In the band 1414.5 GHz, aircraft earth stations in the secondary aeronautical mobilesatellite service may also communicate with space stations in the fixedsatellite service. The provisions of Nos. 5.29, 5.30 and 5.31 apply.

5.504B Aircraft earth stations operating in the aeronautical mobilesatellite service in the band 1414.5 GHz shall comply with the provisions of Annex 1, Part C of Recommendation ITUR M.1643, with respect to any radio astronomy station performing observations in the 14.4714.5 GHz band located on the territory of Spain, France, India, Italy, the United Kingdom and South Africa.

5.504C In the band 1414.25 GHz, the power fluxdensity produced on the territory of the countries of Saudi Arabia, Botswana, C[ocirc]te d'Ivoire, Egypt, Guinea, India, Iran, Kuwait, Lesotho, Nigeria, Oman, Syrian Arab Republic and Tunisia by any aircraft earth station in the aeronautical mobilesatellite service shall not exceed the limits given in Annex 1, Part B of Recommendation ITUR M.1643, unless otherwise specifically agreed by the affected administration(s). The provisions of this footnote in no way derogate the obligations of the aeronautical mobilesatellite service to operate as a secondary service in accordance with No. 5.29.

5.505 Additional allocation: in Algeria, Angola, Saudi Arabia, Bahrain, Bangladesh, Botswana, Brunei Darussalam, Cameroon, China, Congo, Korea (Rep. of), Egypt, the United Arab Emirates, Gabon, Guatemala, Guinea, India, Indonesia, Iran (Islamic Republic of), Iraq, Israel, Japan, Jordan, Kuwait, Lesotho, Lebanon, Malaysia, Mali, Morocco, Mauritania, Oman, Pakistan, the Philippines, Qatar, Syrian Arab Republic, the Dem. People's Rep. of Korea, Singapore, Somalia, Sudan, Swaziland, Tanzania, Chad and Yemen, the band 14 14.3 GHz is also allocated to the fixed service on a primary basis. * * * * *

5.506A In the band 1414.5 GHz, ship earth stations with an e.i.r.p. greater than 21 dBW shall operate under the same conditions as earth stations located on board vessels, as provided in Resolution 902 (WRC03). This footnote shall not apply to ship earth stations for which the complete Appendix 4 information has been received by the Radiocommunication Bureau prior to 5 July 2003.

5.506B Earth stations on board vessels communicating with space stations in the fixedsatellite service may operate in the frequency band 1414.5 GHz without the need for prior agreement from Cyprus, Greece, and Malta within the minimum distance given in Resolution 902 (WRC03) from these countries.

5.508 Additional allocation: in Germany, Bosnia and Herzegovina, France, Italy, The Former Yugoslav Republic of Macedonia, Libyan Arab Jamahiriya, the United Kingdom, Slovenia and Serbia and Montenegro, the band 14.2514.3 GHz is also allocated to the fixed service on a primary basis.

5.508A In the band 14.2514.3 GHz, the power fluxdensity produced on the territory of the countries of Saudi Arabia, Botswana, China, C[ocirc]te d'Ivoire, Egypt, France, Guinea, India, Iran, Italy, Kuwait, Lesotho, Nigeria, Oman, Syrian Arab Republic, the United Kingdom and Tunisia by any aircraft earth station in the aeronautical mobilesatellite service shall not exceed the limits given in Annex 1, Part B of Recommendation ITUR M.1643, unless otherwise specifically agreed by the affected administration(s). The provisions of this footnote in no way derogate the obligations of the aeronautical mobilesatellite service to operate as a secondary service in accordance with No. 5.29.

* * * * *

5.509A In the band 14.314.5 GHz, the power fluxdensity produced on t

FOR FURTHER INFORMATION CONTACT Rodney Small, Office of Engineering and Technology, (202) 4182452, TTY (202) 4182989, email
Rodney.Small@fcc.gov.