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June 'Far Too Late'

Warning of 'Substantial' Interference Risk, Eutelsat Continues C-Band Phase II Framework Push

With Verizon potentially starting to turn on Phase II C-band spectrum within weeks, the FCC needs to act now on a certification process for the second phase of the spectrum's accelerated clearing by the incumbent satellite operators there, Eutelsat told us. A certification framework issued in June would be "far too late to assure that satellite services are protected from harmful interference," a company executive emailed. Eutelsat has pushed for an expeditious issuing of the framework, but one isn't expected soon (see 2302070043). The FCC didn't comment.

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Verizon's deals with Intelsat and SES for early access to parts of the reallocated C-band spectrum in Phase II markets haven't been made public, so there's no way to know whether or how they intend to comply with the requirements of the FCC's C-band order to protect incumbent satellite services, Eutelsat said. If Verizon is allowed to start using C-band Phase II spectrum before demonstrating compliance, including giving earth station operators a chance to chime in, "there is a substantial risk" of harmful interference to satellite operations, it said.

"As always, Verizon abides by the terms of its spectrum licenses, including avoiding interference with protected earth stations," Verizon emailed. "We look forward to the completion of the C-band transition as soon as possible this year."

The FCC's C-band order sets up a framework that makes clear the agency won't accept unexamined claims from satellite operators or C-band licensees that the relocation work is done in allowing 5G operations in Phase II markets, Eutelsat said. Instead, it has the Phase II certification process or explicit consent from affected earth stations in relevant and adjacent partial economic areas to protect incumbent satellite services, it said. "Yet, so far, neither approach has been satisfied to enable early access to Phase II spectrum," it said.

Eutelsat said it finished its C-band relocation work more than a year ago, combining the first and second phases into one. Despite that, it said, the FCC has repeatedly asked it to keep making diligent efforts to uncover any earth stations that might have been missed. These requests "appear to demonstrate that the FCC is concerned that earth stations may be overlooked," it said. "Those concerns should be even greater in the context of private agreements that, so far, have attracted little or no regulatory oversight. Even if the risk were small, the potential public interest consequences of interference to video programming distribution or other critical satellite services warrants the FCC’s careful attention."

With more than a year having passed since the Phase I clearing completion, there's no reason to continue to defer action on Phase II, Eutelsat said. "Phase I was completed quickly and smoothly despite the complexities. There is no reason to believe the Phase II process will be any different," it said. It said there's also no need for opening an opportunity to comment on the Phase II certification and review process before announcing it. "With Verizon on the brink of launching 5G service in Phase II markets, there is no time and more importantly no need, based on the Phase I success, for additional process," it said.

The C-band clearing process "has been laborious and complex," but Intelsat said in docket 18-122 last month that it expects to complete it later this summer and thus the Phase II clearing certification framework should come out by June 1 at the latest. That time frame would let it understand any certification requirements in advance and start compiling the information needed for documentation, it said.