[Federal Register Volume 63, Number 229 (Monday, November 30, 1998)]
[Proposed Rules]
[Pages 65726-65727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31689]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 87
[ET Docket No. 98-197, FCC 98-289]
Radionavigation Service at 31.8-32.3 GHz
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: By this action, we propose to amend the Commission's Rules in
order to delete the unused non-Government radionavigation service
allocation at 31.8-32.3 GHz and to also remove this frequency segment
from the list of available frequencies set forth in the rules for the
Aviation Services. The adoption of this proposal would protect the
Federal Government's deep space operations in the 31.8-32.3 GHz band
from uncoordinated commercial radionavigation usage that may otherwise
occur in the future, while maintaining adequate spectrum for future
non-Government radionavigation services in the adjacent 32.3-33.4 GHz
band.
DATES: Comments are due December 30, 1998, reply comments are due
January 14, 1999.
ADDRESSES: All filings must be sent to the Commission's Secretary,
Magalie Roman Salas, Office of the Secretary, Federal Communications
Commission, 445 Twelfth Street, SW, TW-A-325, Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Tom Mooring, Office of Engineering and
Technology, (202) 418-2450.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking, ET Docket 98-197, FCC 98-289, adopted October
28, 1998, and released November 6, 1998. The full text of this
Commission decision is available for inspection and copying during
normal business hours in the FCC Reference Center (Room CY-C404), 445
Twelfth Street, SW, Washington, DC, and also may be purchased from the
Commission's duplication contractor, International Transcription
Service, (202) 857-3800, 1231 20th Street, NW, Washington, DC 20036.
Summary of the Notice of Proposed Rulemaking
1. National Telecommunications and Information Administration
(``NTIA''), at the request of the National Aeronautics and Space
Administration (``NASA''), asks that we delete the non-Government
radionavigation service from the 31.8-32.3 GHz band. NASA bases its
request on the potential for interference to its deep space receive
site at Goldstone, California, from uncoordinated commercial
radionavigation usage of the 31.8-32.3 GHz band. In support of its
request, NASA cites International Telecommunication Union
Recommendation ITU-R SA.1061 as documenting that space research (deep
space) sharing with airborne operations in the radionavigation service
is not feasible. NASA explains that signals received on Earth from
spacecraft in deep space are extremely weak, and thus are highly
susceptible to interference of all kinds. Further, NASA stresses that
airborne interference sources, if present, would easily overwhelm the
desired but weak signals from space. In its normal deep space
operations, to bolster signal reception, NASA points out that it has
fitted its large earth station antennas with cryogenically-cooled
preamplifiers and has employed specialized receivers. NASA states that
it has sited the earth stations in such a way as to provide radio
shielding from terrestrial radio sources sharing the same frequency
band, which are potential interferers. But, NASA states, its earth
stations cannot be shielded from airborne radio sources operating in
the 31.8-32.3 GHz band, because the potential interfering signals may
emanate from the same general direction as the desired deep space
signals.
2. NASA indicates that currently, the only radionavigation
operations in the 31.8-32.3 GHz band are from Federal Government
(military) operations. The coordination of these military operations
with NASA/Goldstone has been successful, NASA says, largely because
they occur infrequently. By contrast, NASA does not believe that deep
space operations can be coordinated successfully with private or
commercial aircraft using terrain-following or landing-aid radars
operating on an unrestricted basis within line-of-sight of the Deep
Space Network site at Goldstone. To avoid causing interference, NASA
states, such aircraft would have to choose between the impractical
solutions of either avoiding the airspace in the Goldstone vicinity or
turning off their transmitters in the 31.8-32.3 GHz band while within
line-of-sight of Goldstone.
3. NASA brought this issue before NTIA's Interdepartment Radio
Advisory Committee (``IRAC''). During these discussions, the Federal
Aviation Administration indicated that there are no known plans for
commercial aeronautical radionavigation operations in the 31.8-32.3 GHz
band. After considering several options, IRAC recommended to NTIA that
the 31.8-32.3 GHz band be limited to Federal Government operations.
NTIA endorsed this recommendation, concluding that future demand for
commercial or private radionavigation services could be adequately
accommodated in the 1.1 gigahertz of radionavigation spectrum that
would remain at 32.3-33.4 GHz.
4. We propose to implement NTIA's proposal to delete the non-
Government radionavigation service allocation at 31.8-32.3 GHz. We
agree with NTIA that the 32.3-33.4 GHz band appears adequate to
accommodate commercial and private radionavigation services that may
develop in the future. By limiting future non-Government
radionavigation services to the 32.3-33.4 GHz band, we believe that
adequate spectrum would be preserved for these potential services and
that NASA's deep space operations in the 31.8-32.3 GHz band would be
adequately protected from those services. We further propose to remove
the 31.8-32.3 GHz segment from the list of frequencies that are
available for use by the aeronautical radionavigation service under
Sec. 87.173 of the rules for the Aviation Services and to add a rule
part cross reference to part 87 in the Table of Frequency Allocations
entry for the 32.3-33.4 GHz band in Sec. 2.106. In addition, as
suggested in NTIA's letter, we propose to parallel the international
table by changing the space research service (deep space) (space-to-
Earth) allocation from a footnote allocation to a table entry
allocation and, as a consequence of that proposal, to modify the text
of footnote US262 to remove unneeded information. We request comment on
these proposals.
Initial Regulatory Flexibility Certification
5. The Regulatory Flexibility Act (``RFA'') 1 requires
that an initial regulatory flexibility analysis be prepared for notice-
and-comment rulemaking proceedings, unless the agency certifies that
``the rule will not, if promulgated, have a significant economic impact
on a substantial number of small entities.'' The RFA generally defines
``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business''
[[Page 65727]]
has the same meaning as the term ``small business concern'' under the
Small Business Act. A small business concern is one which: (1)
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'').
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\1\ The RFA, see 5 U.S.C. 601 et. seq., has been amended by the
Contract with American Advancement Act of 1996, Pub. L. 104-121, 110
Stat. 847 (1996) (``CWAAA''). Title II of the CWAAA is the Small
Business Regulatory Enforcement Fairness Act of 1996 (``SBREFA'').
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6. In this Notice of Proposed Rule Making, we propose to delete an
unused non-Government allocation for the radionavigation service at
31.8-32.3 GHz in order to protect existing Government operations in
this band from harmful interference. In addition, we tentatively
conclude that the remaining portion of the existing non-Government
radionavigation allocation at 32.3-33.4 GHz will provide sufficient
spectrum for future non-Government radionavigation services, if and
when such services develop. Accordingly, we hereby certify that the
proposed deletion of the non-Government radionavigation allocation at
31.8-32.3 GHz will not have a significant economic impact on a
substantial number of small entities. The Commission's Office of Public
Affairs, Reference Operations Division, will send a copy of this Notice
of Proposed Rule Making, including this certification, to the Chief
Counsel for Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Parts 2 and 87
Communications equipment, Radio.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 98-31689 Filed 11-27-98; 8:45 am]
BILLING CODE 6712-01-P