Professional Documents
Culture Documents
493
FCC 90-16 Federal Communications Commission Record 5 FCC Red No.2
support of fully operational commercial ELYs. NTIA has port in the 2200-2290 MHz band once frequencies in the
stated that "Frequency support in the 2200-2900 MHz 2310-2390 MHz band are available to non-Government
band for commercial ELY operations conducted at the fully operational ELYs. 13 They state that a sudden transi-
Federal Government facilities may, however, be made tion of telemetry frequencies for fully operational launch
part of agreements between the Government facility oper- vehicles from the 2200-2290 MHz band to the 2310-2390
ator and commercial entities, subject to such constraints MHz band would cause disruption of service and increase
as are necessary to protect Government operations in the launching costs. In support, they argue that many years
band. This support is expected to be of a short-term may elapse before non-Government entities develop their
nature, pending the transition of commercial operations own launch facilities and that reconfigi.uation of the
to another frequency band (i.e. 2310-2390 MHz)." 9 NTIA DOD launch facilities to support telemetry transmissions
noted that it had requested DOT to develop a plan for the in the 2310-2390 MHz band is currently in an embryonic
transition of non-Government space launch vehicle oper- stage. They also note that launch vehicles that are used
ations from the 2200-2290 MHz band to the 2310-2390 now by Government and non-Government entities are
MHZ band. This plan was expected to consider NASA cost efficient because they have identical requirements,
and Department of Defense (DOD) range support launch and thus are built in the same assembly line, stored
requirements for non-Government space launch vehicles. without customer discrimination before they are sold and
Additionally, NTIA pointed out that the U.S. Air Force use the same launch facilities. Government and non-
has indicated that they can currently support launches in Government launch vehicles that do not use the same
the 2310-2390 MHz band. telemetry frequency bands are not identical and cannot
use the same assembly line and launch facilities, thus
increasing their costs. For these reasons, AFTRCC,
III. PROPOSAL AMROC and GD argue that Government and non-Gov-
7. The Notice in this proceeding proposed to amend ernment entities must use the same telemetry frequency
Footnote US276 to the Table of Frequency Allocations bands and that non-Government launch vehicles must be
contained in Section 2.106 of our Rules, 47 C.F.R. § accommodated in the 2200-2290 MHz band until all Gov-
2.106, as well as Section 87.301(d)(l), 47 C.F.R. § ernment support facilities are reconfigured to support
87.301(d)(l), to allow non-Government entities to use the telemetry transmissions in the 2310-2390 MHz band. 14 In
frequencies 2312.500 MHz, 2332.500 MHz. 2352.500 MHz. this connection, GO notes that on April 4, 1989, at a
2364.500 MHz, 2370.500 MHz and 2382.500 MHz for meeting of the Commercial Space Transportation Advi-
telemetry transmissions in all phases (developmental and sory Committee, NTIA's Deputy Associate Administrator,
operational) of ELY operations. The ,Votice also stated William D. Gamble, related that the Air Force would not
that the purpose and use of re-usable launch vehicles pressu~e commercial launch service operators to shift te-
(RLYs) 10 and ELY's appear to be identical. Although lemetry transmissions to the 2310-2390 MHz band for
AFTRCC's petition referred only to telemetry transmis- possibly ten years or more. 15
sions for EL Vs, in some cases the use of RL Vs may be 11. AFTRCC and GO recognize, however, that the
more economical. The Notice, therefore, requested com- Commission does not have jurisdiction over the use of the
ment on the benefits of amending our Rules to allow Government allocated 2200-2290 MHz band or associated
telemetry transmissions fr.om fully operational RLYs on launch facilities and that, therefore, their comments on
the same frequencies. this issue could be beyond the scope of this proceeding.
Nevertheless, they urge the Commission to seek, through
IRAC and other Government forums, permission for non-
IV. COMMENTS Government entities to share this band and associated
8. AFTRCC, American Rocket Company (AMROC), Government owned launch support facilities for a period
Capital Cities/American Broadcasting Company in con- of more than ten years. Additionally, they request that
junction with the Entertainment Sports Programming Government and non-Government entities always share
Network (ABC/ESPN), General Dynamics Corporation the same telemetry frequencies. 16
(GO), Martin Marietta Commercial Titan, Inc. (MMI), 12. ABC/ESPN, NBC and SBE (collectively referred to
National Broadcasting Company, Inc. (NBC) and Society as network broadcasters) state in their comments that Part
of Broadcast Engineers, Incorporated (SBE) filed com- 74 of the Commission's Rules gives primary use of broad-
ments in this proceeding. 11 Reply comments were filed by cast auxiliary spectrum for short term operations to local
AFTRCC and G D. broadcasters. See 47 C.F.R. § 74.24(c). As a result, when
9. AFTRCC AMROC, GO and MMI support our pro- the broadcast auxiliary spectrum is fully occupied by the
posal to allow fully operational ELVs to use the six local broadcasters, the network broadcasters have on occa-
frequencies, 2312.500 MHz, 2332.500 MHz, 2352.500 sion been granted Special Temporary Authority (STA) 17
MHz, 2364.500 MHz, 2370.500 MHz and 2382.500 MHz, to use frequencies in the 2310-2390 MHz band for short
for telemetry communications. AFTRCC also supports term, nationwide broadcasts, of special events such as the
our proposal to allow fully operational RLYs to use these 1989 Presidential Inaugural Parade, the 1986 rededication
frequencies for telemetry communications. Additionally, of the Statue of Liberty, and the Indianapolis 500 Auto
AFTRCC requests that we clarify that the six frequencies Race. 18
proposed are reserved primarily for use in connection 13. The network broadcasters argue that access to
with fully operational ELY's or RLV's and that the re- 2310-2390 MHz frequencies is essential for their oper-
mainder of the 2310-2390 MHz band is reserved primarily ations, and they provide a number of recommendations
for traditional flight testing operations.'! for use of frequencies in this band. For example,
10. Although supporting the proposal. AFTRCC, ABC/ESPN recommend that the 2310-2390 MHz band be
AMROC and GO voice concern that the Government allocated on a secondary basis to the television networks
could immediately discontinue providing frequency sup- and other programmers for use in connection with the
494
5 FCC Red No. 2 Federal Communications Commission Record FCC 90-16
coverage of special national events. In the alternative, it has even requested DOT to develop a transition plan in
recommends that the Commission declare this band avail- this regard. See para. 6, supra. For these reasons, we do
able for such use on an STA basis and that AFTRCC and not believe further Commission action at this time is
the Government frequency managers be ordered to clear needed.
the band when it is not in use or scheduled to be used by 17. AFTRCC requested that we clarify that the six
satellite launchers. 19 NBC states it has no objection now frequencies specified in the Notice are reserved primarily
to the Commission's proposal, provided network broad- for telemetry from fully operational launch vehicles. To
casters would be able to obtain STAs in the 2310-2390 provide maximum flexibility, in the Notice, we did not
MHz band on a secondary basis. If the Commission in- propose to differentiate between use of these frequencies
tends not to issue STAs to the network broadcasters, NBC for flight testing and for telemetry transmissions from
contends it reserves the right to modify its position. 20 SBE fully operational launch vehicles. In other words, we pro-
recommends that the Commission issue a Further Notice posed to leave the decision on frequency use, either devel-
of Proposed Rule Making in this proceeding proposing to opmental or operational telemetry, up to the user. We
allocate frequencies in the 2310-2390 MHz band, on a still believe this is the best approach. Industry, however, is
secondary basis, for broadcast and cable network transmis- free to establish a voluntary plan for telemetry use of
sions.21 frequencies in this band.
14. AFTRCC strongly opposes the network broadcasters' 18. ABC/ESPN requested that the Commission allocate
recommendations. It argues that the network broadcasters' the 2310-2390 MHz band to television networks and other
requests are beyond the scope of this proceeding and programmers, on a secondary basis, for coverage of special
should be denied. AFTRCC contends that the ABC/ESPN national events or, in the alternative, that the Commission
recommendation requesting AFTRCC and Government specifically declare this band available for coverage of
frequency managers to clear the 2310-2390 MHz band special national events on a special temporary authority
when not used by launch vehicles indicates that the net- basis and that AFTRCC and the Government's Range
work broadcasters are not familiar with aeronautical te- Commander Council/Frequency Management Group be
lemetry and the flight test coordination process. AFTRCC ordered to clear such use when the band is not in use or
points out that in addition to launch vehicles, the scheduled to be used for satellite launches. In a similar
2310-2390 MHz band is used by aircraft that operate request, SBE asked the Commission to issue a Further
throughout the United States to transmit diagnostic telem- Notice of Proposed Rule Making proposing to allow
etry test data. AFTRCC states that in many cases, espe- broadcast and cable networks to use the 2310-2390 MHz
cially when a disaster or crash occurs, analysis of these band on a secondary coordinated basis.
data provide design engineers the only means available to 19. As previously discussed. this band is currently al-
determine the cause of failure in aircraft as well as launch located for shared use by Government and non-Govern-
vehicles. In conclusion, AFTRCC suggests that the net- ment entities for diagnostic telemetry during flight testing.
work broadcasters petition the Commission to realign the Manufacturers and contractors use the frequencies in this
priorities between local and network broadcasters by band extensively throughout the United States during de-
amending Part 74 of the Rules. 22 sign and flight readiness tests, to evaluate the integrity of
components and systems used in aircraft and launch ve-
hicles. Many of these tests are elaborate, requiring coordi-
V. DISCUSSION nated support by a wide area network of stations and
15. In general, there was no opposition to allowing participation of a great number of personnel. Frequently,
non-Government entities to use the six frequencies in the due to equipment malfunctions or adverse weather con-
2310-2390 MHz band as specified in the Notice. Further. ditions, these tests are aborted or extensively delayed. In
the only party commenting on extending use of these short, sharing these frequencies with unlike services is
frequencies to fully operational RLVs favored the pro- difficult at best because schedules of telemetry flight tests
posal. Accordingly, we amend Parts 2 and 87 to allow are unpredictable and delays costly. Further, interference
non-Government entities to use frequencies 2312.5 MHz, cannot be tolerated. For example, in the event of a crash
2332.5 MHz, 2352.5 MHz, 2364.5 MHz, 2370.5 MHz and the telemetry data may be the only means available to
2382.5 MHz for telemetry transmissions in fully oper- determine the cause of the crash. In this case. interference
ational ELVs and RLVs. This additional telemetry capabil- to the telemetry transmission could be disastrous. Finally,
ity will help the U.S. private sector to compete in the spectrum is already available to broadcasters and cable
world market for launch vehicles. operators for broadcasts of special events. For these rea-
16. Several commenters voiced concern that the sudden sons, we decline to change the rules to provide specifi-
transition of telemetry for fully operational launch ve- cally for broadcast and cable use of this band, even on a
hicles from the 2200-2290 MHz (Government) band to secondary basis. In the event that broadcast spectrum is
2310-2390 MHz band will cause disruption of service and fully used, however, we will consider short-term, limited-
increase costs. They asked that the Commission seek per- area ST A requests to use frequencies in this band on a
mission for non-Government entities to use the 2200-2290 case-by-case basis. All such requests must be accompanied
MHz band until non-Government entities develop their by a statement that the proposed use has been coordinated
own launch facilities. The use of the 2200-2290 MHz band with AFTRCC and the Government's Range Commanders
by non-Government entities on a general basis has already Council/Frequency Management Group.
been discussed with NTIA. Because of the heavy Govern-
ment use of this band NTIA recommended against mak-
ing it available on a general basis to non-Government
entities. 23 We have no information that this situation has
changed. Further, NTIA has not ruled out limited use of
the 2200-2290 MHz band by non-Government entities and
495
FCC 90-16 Federal Communications Commission Record 5 FCC Red No. 2
*** **
VIII. ORDERING CLAUSES
22. Accordingly, IT IS ORDERED that pursuant to the US276 Except as otherwise provided for herein, use of
authority contained in Sections 4(i) and 303 (g) and (r) of the band 2310-2390 MHz by the mobile service is limited
the Communications Act of 1934, as amended, 4 7 U .S.C. to aeronautical telemetering and associated telecommand
§§ 154(i) and 303(g) and (r), Parts 2 and 87 of the operations for flight testing of manned or unmanned air-
Commission's Rules ARE AMENDED as set forth in the craft, missiles, or major components thereof. The follow-
Appendix below. ing six frequencies are shared on a co-equal basis by
23. IT IS FURTHER ORDERED that the request by Government and non-Government stations for
Capital Cities/American Broadcasting Company and En- telemetering and associated telecommand operations of
tertainment Sports Programming Network that the Com- expendable and re-usable launch vehicles whether or not
mission allocate the 2310-2390 MHz band, on a secondary such operations involve flight testing: 2312.5, 2332.5,
basis, to television networks and other programmers for 2352.5, 2364.5, 2370.5 and 2382.5 MHz. All other mobile
coverage of special national events and their alternative telemetering uses shall be secondary to the above uses.
request that the Commission declare 2310-2390 MHz band
available for coverage of special national events on a
special temporary authority basis and that the Govern- *****
ment's Range Commanders Council/Frequency Manage-
ment Group be ordered to clear such use when the band B. Part 87 • AVIATION SERVICES
is not in use or scheduled to be used by satellite launchers 1. The authority for Part 87 continues to read as fol-
ARE DENIED. lows:
24. IT IS FURTHER ORDERED that the request by
the Society of Broadcast Engineers, Incorporated for the AUTHORITY: 48 Stat. 1066, 1082, as amended; 47
Commission to issue a Further Notice of Proposed Rule U.S.C. 154, 303, unless otherwise noted. Interpret or apply
Making proposing to allow broadcast and cable networks 48 Stat. 1064 - 1068, 1081 • 1105, as amended; 47 U.S.C.
to use the 2310-2390 MHz band on a secondary coordi- 151-156, 301-609.
nated basis IS DENIED. 2. Section 87.5 is amended by adding after "Emergency
25. IT IS FURTHER ORDERED that this Report and locator transmitter (ELT) test station" a new definition for
Order will be effective on March 12, 1990. "Expendable Launch Vehicle" and after "Radionavigation
26. IT IS FURTHER ORDERED that a copy of this service" a new definition for "Re-usable launch vehicle
Notice shall be sent to the Chief Counsel for Advocacy of (RLV)" to read as follows:
the Small Business Administration.
27. IT IS FURTHER ORDERED that this proceeding § 87.5 Definitions.
IS TERMINATED.
*****
FEDERAL COMMUNICATIONS COMMISSION
Expendable launch vehicle (EL V). A booster rocket that
can be used only once to launch a payload, such as a
missile or space vehicle.
496
5 FCC Red No.2 Federal Communications Commission Record FCC 90-16
7
Re-usable launch vehicle (RLV). A booster rocket that An expendable launch vehicle can be used only once to
can be recovered after launch, refurbished, and re- launch a payload such as a missile or space vehicle.
launched. 8 See Commercial Space Transportation; Licensing Regula-
tions, 53 FR 11004, 11008 (April 4, 1988).
***** 9 See letter from Mr. William D. Gamble, Deputy Associate
3. In Section 87.303, paragraph (d}(1) is revised to read Administrator, of the Office of Spectrum Management, of the
as follows: National Telecommunications and Information Administration
(NTIA), of the United States Department of Commerce, to Mr.
§ 87.303 Frequencies. Jack Parker, of AFTRCC, dated December 9, 1987.
to A re-usable launch vehicle is a booster rocket that can be
recovered after launch, refurbished, and re-launched.
*****
(d}(l) Frequencies in the bands 1435-1535 and tt ABC and NBC are national broadcast network entities.
2310-2390 MHz are assigned primarily for telemetry and ESPN is an 80% ABC owned company that delivers household
telecommand operations associated with the flight testing television programs via satellites. SBE is a national association
of manned or unmanned aircraft and missiles, or their of broadcast and communications engineers and technical op-
major components. Permissible uses include telemetry erating personnel. AMROC is a company that is developing
and telecommand transmissions associated with the space transportation technology. GD and MMI are major manu-
launching and reentry into the earth's atmosphere as well facturers of space launch vehicles and other space components.
as any incidental orbiting prior to reentry of manned or 12
See, for example, AFTRCC comments at 4 n. 1.
unmanned objects undergoing flight tests. In the 13 As indicated in paragraphs 4 and 6 above, the 2200-2290
1435-1535 MHz band, the following frequencies are MHz band is allocated exclusively for Government use. These
shared with flight telemetering mobile stations: 1444.5. frequencies were not made available to non-Government entities
1453.5, 1501.5, 1515.5, 1524.5 and 1525.5 MHz. In the for commercial space operation because the Secretary of Defense
2310-2390 MHz band, the following frequencies may be determined that such action would be detrimental to U.S. na-
assigned on a co-equal basis for telemetering and asso- tional security_ interests.
ciated telecommand operations of expendable and re-us- 14
See, for example, GD comments at I and reply comments at
able launch vehicles whether or not such operations 4.
involve flight testing: 2312.5, 2332.5. 2352.5. 2364.5,
2370.5 and 2382.5 MHz. In the 2310-2390 MHz band, all IS GD comments at 9.
16 AFTRCC comments at 5, 6, and 7 and GD comments at 9
other telemetry and telecommand uses are secondary. The
Maritime Mobile-Satellite Service will be the only service n. 8.
irt the 1530-1535 MHz band after January 1, 1990. 17
Under extraordinary circumstances the Commission may
give to a station licensee or station applicant Special Temporary
Authority (STA) to operate a new station or to operate licensed
***** station in a manner which is beyond the scope of that au-
thorized by the existing license. See 47 C.F.R. § 1.925(a).
FOOTNOTES 18
See, for example, NBC comments at 2.
t A fully operational space launch vehicle is a booster rocket 19
ABC/ESPN comments at 9.
that is used to launch a payload, such as a missile or space 20
NBC comments at 4 and 5.
vehicle, rather than a booster rocket used for flight test pur- 21
SBE comments at 5 and 6.
poses. 22 AFTRCC reply comments at 6, 7, 9 and 10.
2
For the purpose of this proceeding the term "non-Govern- 23
ment" applies to those private sector entities involved in the See Notice, para. 6.
development, manufacture or operation of launch vehicles or
associated major components for commercial purposes.
3
See The White House, Office of the Press Secretary Fact
Sheet, "Presidential Directive on National Space Policy," dated
February 11, 1988.
4
Additionally, the frequencies in the 1435-1535 MHz and
2310-2390 MHz bands are used to transmit telecommands that
are directly associated with the support of the telemetering
functions authorized in these bands.
5 Telemetry transmissions in these bands must be associated
directly with the flight testing of aircraft and launching into
space, reentry into the earth's atmosphere, and incidental
orbiting prior to reentry of manned or unmanned objects, un-
dergoing flight tests. See 47 C.F.R. § 87.303(d)( 1).
6
AFTRCC is a trade association of major commercial entities
engaged in the design and manufacturing of Government and
non-Government aircraft, space vehicles, and their major com-
ponents. AFTRCC is recognized by this Commission as the
frequency coordinating committee for non-Government flight
test telemetry station assignment. See Report and Order. Docket
No. 18234, 15 FCC 2d 831 (1969).
497