Congress is paying increased attention to orbital debris, but it’s not close to legislative action about it, said Capitol Hill committee staffers Thursday at the FAA annual Commercial Space Transportation Conference in Washington. They said action on space situational awareness (SSA) and space traffic coordination (STC) will be a priority for the 117th session.
The U.S. doesn’t need to regulate all commercial activities in space, said House Space Subcommittee ranking member Brian Babin, R-Texas, Wednesday at the annual FAA Commercial Space Transportation Conference in Washington, urging regulatory agencies to back off. He questioned the FCC’s jurisdiction in updating its orbital debris rules.
The FCC's 2023 World Radiocommunication Conference Advisory Committee (WAC) voted Tuesday to adopt and forward a set of working group recommendations to the agency. On the WRC-23 agenda item about an aeronautical mobile satellite service allocation in the 117-137 MHz band, WAC voted to adopt an updated preliminary view that notes some existing aeronautical use that new allocations must protect. It also approved a draft proposal on allocation of 6425-7025 MHz and 7025-7125 MHz to international mobile telecommunications. Citing a resolution asking the ITU Radiocommunication Sector to study the use of IMT systems for fixed wireless broadband in the frequency bands allocated to fixed service on a primary basis, the NTIA in a letter to the FCC said the ITU-R already has a route for mobile technologies to provide flexed wireless access, and proponents of IMT use for fixed wireless access can revise existing recommendations that were done years ago rather than seek further action at WRC-27. A WRC-27 agenda item "could have far-reaching consequences," NTIA said. It said the U.S. backs consideration of new allocations to the non-safety aeronautical mobile applications service at 15.4-15.7 and 22-22.21 GHz, and protection levels used for radio astronomy service should project it from adjacent interference. WAC's recommendations will go out for public notice, then be reconciled with NTIA recommendations for creation of U.S. inputs going into the next Inter-American Telecommunication Commission meeting at the end of April, said Dante Ibarra, FCC designated federal officer to WAC.
Much of the oral argument in Starz's copyright fight with MGM before the 9th U.S. Circuit Court of Appeals Thursday (docket 21-55379) was about what the Supreme Court said or didn't say in its 2014 Petrella copyright decision. Judge Sandra Ikuta and counsel for MGM disagreed whether, and when, the high court's decision says a copyright claim starts accruing. MGM is appealing a lower court not dismissing some of Starz's copyright claims on MGM licensing content to Starz and subsequently to other content service providers while Starz allegedly had exclusive license.
Intelsat didn't realize its agreement to split clearing proceeds 50-50 with SES was moot until it saw what was going to be in the FCC's draft C-band clearing order Feb. 6, 2020, testified Intelsat CEO Stephen Spengler Friday in U.S. Bankruptcy Court. With the FCC draft order earmarking specific dollar amounts to each incumbent C-band satellite operator, Spengler said in his mind the collaboration agreement "didn't exist" when he called SES CEO Steve Collar, based in Luxembourg, at 3 a.m. EST Feb. 7 to let him know. Friday was the fifth day of trial in SES' litigation seeking damages from Intelsat for the collapse of their C-band collaboration (see 2007140067). SES argued Intelsat was planning weeks in advance of the draft order's issuance to violate the agreement (see 2202070031).
Much of the oral argument in Starz's copyright fight with MGM before the 9th U.S. Circuit Court of Appeals Thursday (docket 21-55379) was about what the Supreme Court said or didn't say in its 2014 Petrella copyright decision. Judge Sandra Ikuta and counsel for MGM disagreed whether, and when, the high court's decision says a copyright claim starts accruing. MGM is appealing a lower court not dismissing some of Starz's copyright claims on MGM licensing content to Starz and subsequently to other content service providers while Starz allegedly had exclusive license.
Much the same way the ITU governs and doles out geostationary orbital (GSO) slots, non-geostationary orbits (NGSO) need a central way of being allocated, Viasat Executive Chairman Mark Dankberg said Wednesday at the SmallSat Symposium. He said there should be policy discussions about and calculations of what the carrying limits are for orbital altitudes and how those constraints get allocated. Former NASA Administrator Jim Bridenstine, now Acorn Growth Companies adviser, said a key policy need is a way of holding companies accountable for debris they create, so they have incentives not to create more.
SpaceX faces a new wave of calls for the FCC to reject its proposed second-generation satellite constellation. NASA also raised red flags about the SpaceX plans. A lawyer involved in the proceeding told us it would be surprising if the FCC were able to process the second-gen application in time for SpaceX to commence launches in March, as it targeted (see 2201100004). The FCC and SpaceX didn't comment.
Updates SES sought to the C-band satellite operator consortium agreement in early 2020 reflected changes such as Telesat’s cut of clearing proceeds rather than trying to cement a 50-50 proceeds split with Intelsat, SES CEO Steve Collar testified Tuesday. Trial began Monday in U.S. Bankruptcy Court in Richmond regarding SES' suit against Intelsat on the collapse of the consortium (see 2202070031). Collar said in early 2020 SES still believed the 50-50 split governed the handling of Intelsat and SES clearing proceeds. He said he was unaware Intelsat was delaying a consortium update, referring to an internal Intelsat email by Michelle Bryn indicating she “can’t stall on this much longer.” Collar testified he at one point in early 2020 asked Intelsat CEO Steve Spengler directly about the 50-50 split, which Spengler confirmed. Collar said he raised the issue because Intelsat “was under extreme [financial] stress. It was a perfectly reasonable thing to seek assurances.” Collar said he and Intelsat met with White House Chief Economic Adviser Larry Kudlow days before the FCC’s C-band clearing order, not so much because President Donald Trump would necessarily sign off on that order but for him to “be aware of it.” During cross-examination, Kirland and Ellis lawyer Jeff Zeiger, representing Intelsat, walked Collar through a series of internal SES emails, noting they repeatedly didn't say anything about a 50/50 proceeds split with Intelsat.
The commercial space industry's attracting Wall Street attention comes with a potential risk of the investment world turning negative on space broadly, panelists said Tuesday at the SmalSat Symposium. The FCC and FAA are processing some smallsat applications at breakneck speeds, Hogan Lovells satellite lawyer George John said.