Agreement Consensus Seen on Some Part 25 Streamlining; Shot Clocks Raise Concerns
Satellite and earth station operators largely -- but not unanimously -- agree on some steps the FCC can take to streamline its satellite application and approval process, according to reply comments this week in docket 22-411. There also were some notes of caution by some about use of shot clocks. The licensing streamlining NPRM was adopted 4-0 in December and in initial comments numerous operators pushed to eliminate the commission's rule that it won't consider applications for operating in a frequency band not allocated internationally by the ITU (see 2303060052).
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A lot of the streamlining proposals that have broad support -- such as use of shot clocks for satellite and earth station applications going on public notice and for ultimate action, and shorter application forms -- can be done without changing current FCC rules, SpaceX said. Also getting support is an expansion of the types of modifications not needing prior authorization, and allowing Table of Frequency Allocation waivers, it said. Microsoft said there's backing for its proposals to allow earth stations to add points of contact without prior authorization in some cases, and use of a 60-day shot clock when applications are necessary. Amazon's Kuiper said it saw agreement for its proposals such as use of checklists to minimize incomplete applications, and it backs others' proposals such as the agency issuing informal guidance about showings necessary to demonstrate rule compliance and automatic renewal of special temporary authority in some circumstances. Iridium also said there was wide agreement for a variety of streamlining proposals.
To get a frequency allocations waiver, satellite operators should meet certain baselines such as the operator and the licensee of the spectrum it wants to use should certify they have an agreement specifying when the satellite applicant may operate, said AT&T and Verizon. Satellite applications should also have to certify they would operate on a non-interference basis and under the same out-of-band-emission limits as the incumbent users of the band, the wireless carriers said.
An array of earth exploration satellite service operators said EESS systems should be excluded from the agency's unbuilt system rule since they "do not implicate spectrum warehousing concerns." They said they support expedited processing of applications adding satellite points of communication already authorized to provide service in the U.S., such as by shot clocks or an auto-grant procedure. The EESS filers were Maxar, Planet Labs, Iceye, Fleet Space Technologies, Umbra Lab, Atlas Space Operation and Lunasonde.
Raising a red flag about shot clocks, Globalstar said anyone seeking to use spectrum used by mobile satellite service should have to show there won't be harmful interference to those incumbents. It said it's "long overdue" for the FCC to put more staff resources toward reviewing earth station applications that have no substantive opposition. It said formal shot clocks "inevitably introduce arbitrariness," but the agency should also consider this approach for unopposed earth station applications. Backing shot clocks for earth station applications going on public notice and getting granted, OneWeb said it opposes extending shot clocks to satellite application grants.
Also warning about shot clock use, Intelsat said if the FCC goes that route it needs to retain authority to toll deadlines when needed. It said the agency should instead let Congress tackle shot clock issues with its Satellite and Telecommunications Streamlining Act (see 2212090064). Echoing shot clock criticisms, Viasat said any streamlining of procedures to add a non-geostationary orbit system as an earth station's point of communication should make the NGSO operator responsible for ensuring all earth stations it communicates with follow FCC rules.
Citing the need to support the growing space-as-a-service (SaaS) industry, Myriota said the agency should revise its requirement that the spacecraft operator be the one holding the spectrum license for on-orbit radios operated by third-party customers. It urged instead a more flexible approach, letting both the SaaS customer and the provider hold licenses for their respective use of spectrum. It also backed allowing satellite operators to license antennas hosted at third-party facilities.