Export Compliance Daily is a Warren News publication.
ABA Space Law Symposium

WRC Spectrum Fights, More Spaceports Seen Coming

The satellite industry is playing defense at the 2023 World Radiocommunication Conference against potentially opening some bands allocated for satellite use to terrestrial mobile service, said Hogan Lovells space lawyer George John Thursday at an ABA space law symposium in Washington.

Sign up for a free preview to unlock the rest of this article

Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.

A "huge battle is brewing" at WRC-23 about identifying new 5G spectrum, particularly over bands including 10-10.5 GHz, John said. He said there's likely to be conflict over WRC-27's proposed agenda and identifying frequencies for 6G because there are some satellite allocations in 7-8 GHz and 10.7-14.5 GHz, and the potential entry of 6G "is scary" for satellite operators there.

Legislation is being drafted that would give Commerce’s Office of Space Commerce mission authorization responsibility for emerging space activities, such as orbital debris removal and in-space manufacturing, said Senate Space, Science and Innovation Subcommittee member John Hickenlooper, D-Colo. That authority would create a clear regulatory path for such activities, he said. Also in the works is legislation to reauthorize FAA’s Space Transportation Infrastructure Matching Grants program, which provides targeted funding for spaceport infrastructure, with the aim of promoting nascent commercial spaceport activity, he said. There has been no money appropriated in the program since 2012, said FAA lawyer Sabrina Jawed.

Noting increased congestion at some spaceports (see 2306010006), Jawed said there are opportunities for ameliorating it, such as more efficient airspace integration of launches with aviation traffic. She said horizontal launches could especially lend themselves to improved integration. She said an FAA/NASA/DOD spaceport working group started in 2022 is working on a report due potentially in early 2024 on spaceport policy improvements including federal funding opportunities. Asked about the need for more spaceports when some aren’t getting any current launch activity, Janet Schaefer, Houston Airport System director-real estate development & leasing, said the growth of commercial space will drive the need for more, much like the growth of commercial aviation drove the need for more airports. Ramzi Masri-Elyafaoui, Virgin Galactic government affairs associate, said there should be more federal financial support for spaceports, such as loan guarantees and direct loans as was done in the maritime sector.

The FAA is building relationships with nations building their own launch capabilities, with the aim of creating an interoperable common standard for commercial space flight, including launch, re-entry and spaceport operation, Jawed said. She said interoperability would make it easier for space companies to move around and launch from anywhere in the world. Masri-Elyafaoui said there's “strong commercial interest” in mobility, though moving to another country carries concerns about workforce availability and where manufacturing will occur.

As responsibility for federally provided space situational awareness data shifts from DOD to NOAA, the agency expects to have initial operational capabilities in late 2024, said Glenn Tallia, NOAA Office of General Counsel section chief. He said the agency wants to follow a similar model as the National Weather Service, where NOAA provides basic service and the private sector "takes it over from there" with a variety of services based on that data. He said NOAA would need additional Congressional authority to do debris forecasts or conjunction alerts.

The FAA’s streamlined launch licensing requirements in 2020 are an improvement though there have been “some bumps in the road,” said David Balajthy, FAA lawyer. He said the agency has been listening to industry feedback and there could be an opportunity for rulemaking in the future to hone the rules. He said the FAA has gotten fewer waiver requests under the new rules regime than under the legacy rules.

NOAA's 2020 licensing reforms have been "pretty promising so far," with some other countries considering similar reforms, said Tallia. NOAA licensing under the old rules regime could take up to two years, and now is averaging 15 days, he said.