Under Commission rules, applications for earth station licenses or registrations in the 3.7-4.2
GHz band must be accompanied by an exhibit demonstrating coordination with terrestrial stations.19 The
purpose of this coordination requirement is to establish the baseline level of interference that an earth
station must accept in frequency bands shared by the FS and FSS on a co-primary basis. The coordination
results entitle the FSS earth station to the interference protection levels agreed to during coordination,
including against subsequent FS licensees.20 However, according to the Satellite Industry Association,
many receive-only earth station operators are deterred from voluntarily registering their antennas for
interference protection due to the costs of completing the registration process, including the need for a
coordination report.21 The Commission also uses information collected in applications for earth station
licenses and registrations to assist it in considering whether its rules require modification to accommodate
changing market and technological conditions, and to facilitate the Commission's efforts to use spectrum
more efficiently.22
We observe that the coordination requirement may impose an unnecessary burden on applicants
considering whether to file during the 90-day window, as the freeze on the filing of applications for new
or modified fixed microwave licenses will maintain the current interference environment for existing
earth stations, as there will be no additional fixed links in the band that could increase the interference
received by authorized earth stations in the 3.7-4.2 GHz band. Thus, to obtain the best information
possible on existing earth stations in this band in furtherance of the Commission's ongoing inquiry
without imposing a potentially unnecessary economic burden on eligible FSS earth station applicants in
the 3.7-4.2 GHz band filing within the 90-day window, the International Bureau hereby grants a
temporary waiver of the frequency coordination requirement.23 Applicants who file within the 90-day
window will otherwise be processed normally. Registrations or licenses granted for applications filed
without the coordination report will include a condition noting that the license or registration does not
afford interference protection from FS transmissions. Upon announcing the termination of the freeze, the
International Bureau may modify or terminate the waiver by requiring or permitting registrants or
licensees who filed applications within the 90-day window without a coordination report to file such a
report as required by the Commission's rules, and to take any appropriate action in light of such filing.
Waiver of the Commission's rules is appropriate where particular facts make strict compliance
with a rule inconsistent with the public interest, special circumstances warrant a deviation from the
general rule, and the waiver does not undermine the validity of the general rule.24 In the present case we
find that the Commission's pending inquiry into operations in the 3.7-4.2 GHz band and the interests of
equity warrant providing earth station operators with a chance to file applications despite the freeze.