Changed Power Levels Sought by NGSOs Seems a Likely Go at FCC
The FCC seems likely to move toward looser spectrum-sharing rules between non-geostationary and geostationary orbit satellites, allowing for NGSOs to operate at higher equivalent power flux density (EPFD) levels, satellite and spectrum experts tell us. That could mean big momentum for NGSO efforts to get similar changes made at the 2027 World Radiocommunication Conference, we're told. The FCC chairman's office didn't comment.
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Commissioners unanimously adopted a spectrum-sharing NPRM at their April meeting (see 2504280038). The NPRM asks about the state of spectrum sharing among NGSO fixed satellite services and geostationary (GSO) FSS and broadcasting satellite service systems in the 10.7-12.7, 17.3-18.6, and 19.7-20.2 GHz bands, as well including whether NGSO EPFD limits overprotect GSO networks.
Lerman Senter satellite lawyer Jeff Carlisle told us that, given how the FCC teed up the NPRM, it seems unlikely the agency would then decide not to proceed on changing EPFD levels. He said it's possible the agency might first hold workshops or technical meetings to get to the right levels. Clearly other nations interested in NGSO capabilities would support such changes that the U.S. is spearheading, Carlisle said.
FCC leadership has seemed bearish about outcomes from changing the EPFD levels. The existing spectrum-sharing rules "were designed for a very different type of satellite ecosystem than exists today," FCC Chairman Brendan Carr said at a Federalist Society event earlier this month. Space Bureau Chief Jay Schwarz told a New America-hosted space policy seminar earlier this month that "there is good reason to believe" that the existing EPFD limits are "over-restrictive" and that a different approach would still protect GSOs while letting NGSOs "operate at much higher power levels." Schwarz told the event that SpaceX and Amazon Leo both anticipate that higher EPFD limits would let them "deliver fiber-like service, perhaps in excess of 1 Gbps."
Geostationary orbit interests have argued against any EPFD changes and that NGSOs not complying with the existing power levels are causing interference problems (see 2511210024).
The U.S. government backed increasing EPFD limits at the 2023 World Radiocommunication Conference after a lengthy preparatory process, emailed Scott Blake Harris of Crest Hill Advisors. While WRC-23 didn't change the rules internationally and only saw a call for further studies, there's no reason to think the FCC wouldn't proceed to change its rules, Harris said. "Particularly since Chairman Carr is exactly right about the positive effects of increasing the EPFD limits," he said.
Revisiting the EPFD rules makes sense in light of the properties and capabilities of NGSO constellations operating today compared with how they were envisioned when the EPFD rules were adopted, a former satellite company policy executive told us. The FCC adopted the ITU’s Ku-band EPFD limits to its rules in 2000. There's strong momentum toward changing the EPFD limits, though the agency could make graduated or phased-in changes as a compromise between NGSOs and GSOs, the former executive said.
The FCC overall "is moving in a very pro-satellite direction," Public Knowledge Senior Vice President Harold Feld told us. He said low earth orbit NGSOs currently enjoy a lot of policy attention and favor compared with GSOs.