Before the

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of )

)

Amendment to the National Table of )

Frequency Allocations to Provide )

Allocation Status for Federal Earth )

Stations Communicating with )

Non-Federal Satellites )

PETITION FOR RULEMAKING

OF THE

NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION

The National Telecommunications and Information Administration (NTIA) hereby submits this petition for rulemaking to amend the national table of frequency allocations to provide an allocation status for U.S. Government (Federal) earth stations communicating with non-federal satellites.^{^[1]} Since 1996, the Federal Communications Commission (Commission) and the NTIA have been in discussions about the appropriate allocation status of Federal earth stations communicating with non-federal satellites.^{^[2]} NTIA now requests that the Commission initiate a rulemaking, pursuant to section 1.401 of its Rules, to amend the National Table of Frequency Allocations to allow Federal earth stations to operate with non-federal satellites on a primary basis consistent with the regulatory status afforded commercial operations and with the allocation status of the satellite service. ^{^[3]} An amendment to allow Federal earth stations to operate in such a manner is consistent with the President’s spectrum policy goal of promoting “more efficient and beneficial use of spectrum while protecting national and homeland security, critical infrastructure, and Government services.” ^{^[4]}

In the current regulatory environment, Federal earth stations operating with non-federal satellites are operated on a non-interference basis with few exceptions. As a result, a Federal earth station is subject to immediate shut-down if it causes interference to a non-federal satellite, earth, or terrestrial station. Moreover, a federal agency with an existing earth station must resolve any interference concerns if a new non-federal terrestrial system or earth station enters the band. During coordination between domestic satellite providers, operation by Federal earth stations through non-federal satellites may not be afforded the same protection as non-federal earth stations. In essence, Federal earth stations using non-federal satellites operate on a non-interference basis. This inequity forms the basis of NTIA’s request for regulatory parity between Federal and non-federal earth station operations. To be clear, the Federal agencies are not seeking any rights that are not afforded to similarly situated non-federal entities. The agencies only seek the same rights and obligations that are afforded non-federal earth station licensees when they access commercial satellites.

To the maximum extent possible, federal agencies are required to use commercial communication satellite systems unless specific mission requirements cannot be met. ^{^[5]} A number of federal agencies have expressed increasing concerns about their ability to meet their mission requirements in the absence of greater certainty about the protection afforded their use of commercial satellite services. ^{^[6]} Based on the federal agencies’ current investment in and continued reliance on communications through non-federal satellites, the Commission should initiate a rulemaking to amend the National Table of Frequency Allocations to permit all Federal earth stations to have primary status with other services when using non-federal satellites in the following frequency bands: 3600-4200, 5850-6725, 10700-12200, 12700-13250, 13750-14500, 18300-19300, 19700-20200, 27500-30000, 37500-39500, and 47200-50200 MHz. This allocation should be patterned after US319 of the National Table, which allows mobile-satellite service communications between Federal earth stations and non-federal space stations.^{^[7]} Examples of such allocation language appear in Appendix A.

In conclusion, NTIA strongly urges the Commission to expeditiously initiate the requested allocation rulemaking. NTIA looks forward to working with the Commission and the satellite industry to develop appropriate allocation language to permit the continued growth of Federal investment and use of commercial satellite services.

Respectfully submitted,

John M.R. Kneuer Kathy Smith

Acting Assistant Secretary for Chief Counsel

Communications and Information

Fredrick R. Wentland

Associate Administrator

Office of Spectrum Management

Edward M. Davison

Deputy Associate Administrator

for International Spectrum Management

Office of Spectrum Management

National Telecommunications and

Information Administration

U.S. Department of Commerce

1401 Constitution Avenue, N.W., Room 4713

Washington, DC 20230

(202) 482-1816

August 4, 2006

^{^[1]} NTIA, an Executive Branch agency within the Department of Commerce, is the President's principal adviser on domestic and international telecommunications policy, including policies relating to the Nation's economic and technological advancement in telecommunications, homeland security, and public safety. Accordingly, NTIA makes recommendations regarding telecommunications policies and presents Executive Branch views on telecommunications matters to the Congress, the Commission, and the public. NTIA also manages and authorizes the U.S. Government's use of the radio spectrum and, as such, examines how Commission rulings affect the federal agencies’ use of the spectrum and related technology. See 47 U.S.C. § 902(b)(2)(A); see also 47 U.S.C. § 305.

^{^[2]} See Letter to Mr. Richard Smith, Chief, Office of Engineering and Technology, Federal Communications Commission, from Richard D. Parlow, Associate Administrator, Office of Spectrum Management, NTIA (Nov. 20, 1996) (attached at Appendix A).

^{^[3]} 47 C.F.R. § 1.401 (2003).

^{^[4]} Presidential Memorandum on Spectrum Policy, Weekly Comp. Pres. Doc. 2876 (Nov. 30, 2004).

^{^[5]} See e.g., NTIA Manual of Regulations and Procedures for Federal Radio Frequency Management, § 2.3.3 (providing “[t]he Government shall establish separate communication satellite systems only when they are required to meet unique governmental needs, or are otherwise required in the national interest.”).

^{^[6]} See Letter to Mr. Michael D. Gallagher, Assistant Secretary for Communications and Information, NTIA, from Mr. Lee Holcomb, Chief Technology Officer, Department of Homeland Security (Oct. 4, 2004); Letter to Mr. Ed Thomas, Chief, Office of Engineering and Technology, Federal Communications Commission, from Linton Wells II, Acting Assistant Secretary of Defense (Sept. 9, 2004); Letter to Mr. Michael D. Gallagher, Assistant Secretary for Communications and Information, NTIA, from Mr. Vance E. Hitch, Chief Information Officer, Department of Justice (Oct. 13, 2004); Letter to Mr. Michael D. Gallagher, Administrator, NTIA, from Mr. Steve Zaidman, Vice President, Technical Operations Services, Federal Aviation Administration (Oct. 21, 2004); Letter to Mr. Fredrick Wentland, Associate Administrator, Office of Spectrum Management, NTIA, from Mr. John McNulty, Jr., Director, Office of Operational Systems, National Oceanic and Atmospheric Administration (Oct. 20, 2004) (attached at Appendix B).

^{^[7]} See NTIA Manual of Regulations and Procedures for Federal Radio Frequency Management, § 4.1.3 U.S. Government Table of Frequency Allocations, US319 (“In the bands 137-138 MHz, 148-149.9 MHz, 149.9-150.05 MHz, 399.9-400.05 MHz, 400.15-401 MHz, 1610-1626.5 MHz, and 2483.5-2500 MHz, Federal stations in the mobile-satellite service shall be limited to earth stations operating with non-Federal space stations.”).