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Seeking Co-Primary Status

Upcoming NPRM To Address Greater Interference Protections For Government Earth Stations

The FCC plans to consider launching a rulemaking at its May 9 meeting that proposes giving federal earth stations operating with commercial satellites full protection from interference. The NPRM asks whether they should be put on a co-primary status, FCC officials said. The NPRM has a few different proposals on how to do that, an official said.

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NTIA petitioned the FCC for the rulemaking in 2006 (http://bit.ly/XRBqBo). The agency asked the commission to amend the National Table of Frequency Allocations to permit government earth stations to operate on a primary basis consistent with the regulatory status afforded commercial operations and with the allocation status of the satellite service, NTIA said.

Lockheed Martin and the Satellite Industry Association said they continue to support the proceeding. SIA said in its ex parte filing in docket RM-11341 (http://bit.ly/124ABob)the Defense Information Systems Agency bought more than $650 million worth of fixed satellite services capacity and services in fiscal year 2010. SIA met last week with staff from the offices of the commissioners, except outgoing Commissioner Robert McDowell, and staff from the Wireless and International bureaus and the Office of Engineering and Technology.

SIA also urged the commission to ensure that in providing additional protections to federal earth stations, such earth stations “become subject to the same regulatory obligations currently imposed on commercial earth stations with respect to the commission’s licensing, interference and enforcement requirements,” it said. The FCC should avoid imposing additional regulatory or approval procedures “on commercial and experimental earth station operations in these shared bands, whether implemented by NTIA, the commission or any other government entity,” it said.

Lockheed Martin’s position remains unchanged on this issue, a spokeswoman said. “We are pleased that the FCC is moving forward to provide regulatory parity among all users of commercial satellite systems.” Hughes raised similar concerns last month (CD April 23 p15). It’s important for the FCC to ensure that any contemplated government earth station operations requiring a waiver of commission rules, if sought by a non-federal earth station application, “are put out for pre-approval public comment -- just as a non-federal earth station proposal would be,” Hughes said in its ex parte filing (http://bit.ly/Y099e1).

The NPRM would have no effect on non-federal earth stations, and it tries to avoid putting additional burdens on the non-federal satellites, an official said.

The commission also will release a notice of inquiry to “ease access to spectrum for commercial space launch operators,” (CD April 19 p16). The NOI asks questions about whether the commission should explore ways to make it easier for commercial space operators to access spectrum for commercial space launches, an official said. There are more commercial launches now and the FCC will address whether it should do anything to help that along, the official added.