Space Licensing Overhaul Met With Numerous Suggestions for Changes

The Satellite Industry Association said that as the FCC moves to new Part 100 rules, it should be clear that precedent under the old Part 25 licensing rules still governs analogous issues. Before the agency implements new forms, databases or other IT solutions, SIA urged it to do beta testing with a cross-section of stakeholders. The group also called for more specificity on what would be required when non-geostationary orbit (NGSO) satellite systems file proposed semiannual space system safety reports about near collisions.

Warning that the rights of terrestrial license holders could be inadvertently undermined in shared bands, CTIA said there need to be clear rules that protect those incumbents. Verizon also said the Space Bureau moving to a certification-based approach in bands shared with terrestrial operators could leave those licensees without the information needed for network planning, such as the operating parameters of earth stations in license areas. SpaceX said that while the FCC is right to go from case-by-case orbital debris mitigation rules to a bright-line rule approach, the agency must make sure such bright-line rules will mitigate debris risks and build sustainable operations. The company also advocated for minimum collision-avoidance maneuver thresholds and risk thresholds for accidental mission explosions, as well as a probability of successful disposal of 99% or greater for each satellite, rather than the FCC's proposed 90%. In addition, it argued against the proposal that a surety bond amount be tied to the number of satellites authorized in the license.

To speed up general application processing, Amazon Leo said the FCC should limit requests for more information to issues reasonably needed to evaluate the application and codify the practice of giving out conditional grants pending submission of a final orbital debris mitigation plan. The company also suggested allowing conditional grants pending federal coordination and adopting a 60-day shot clock for acting after public notice.

Be careful that the rules revamp doesn't inadvertently omit legacy rules and that any changes are generally limited to license processing rather than technical rules, SiriusXM cautioned. Several satellite digital audio radio service operations rules aren't included in the proposed Part 100 rules, seemingly in error, it noted.

Viasat said any rules revamp should preserve the FCC's ability to review whether proposed operations would serve the public interest. The NPRM's proposal to restrict FCC licensing review to a specific set of concerns, including harmful interference, space safety and foreign ownership, skips areas that are relevant to a public interest analysis, the company argued. For example, that short set of concerns doesn't include any evaluation of whether the proposed operations would undermine national security interests or hurt competition.

Backing the FCC's proposed two-part nationwide licensing framework for earth stations, the Commercial Space Federation said the agency should use a licensing approach across all shared spectrum between 24 GHz and 300 GHz where applicants would register individual earth station sites in a database and then do an automated interference check against earlier registrations. The group also criticized the proposed bond requirement for NGSO systems with more than 200 satellites, saying it would incentivize deploying smaller systems that are less efficient spectrum users.

The Commercial Smallsat Spectrum Management Association called for the creation of streamlined authorization for foreign-flagged satellite operators wanting to use U.S. earth stations just for telemetry, tracking and command support and/or remote sensing data downlinking. The association also said earth station operators shouldn't need waivers when applying for earth station licenses if the waivers are only for alignment with corresponding U.S.-licensed space station licenses.

NASA said that since minimizing post-mission time in orbit is particularly important when a system can't do collision risk reduction maneuvers, the FCC should consider a presumed acceptable criterion that big constellations should use propulsion to deorbit.

Blue Origin suggested that the agency further modularize its satellite and earth station application system, with applicants filling out one reusable Form 312, plus separate orbital, frequency and earth station schedules.

The Space Bureau should dismiss satellite applications that are largely noncompliant with its rules without placing those applications on public notice, said Globalstar. It also argued that any definitive license terms for U.S. market access should be the same length as U.S. satellite authorizations and have the same renewal expectancy. Eutelsat said the NPRM seeks comment on whether the proposed rules help ensure that market access grantees don't have an advantage over U.S. licensees, but it instead should ask whether the proposed changes provide a level regulatory playing field for both. The company is concerned about proposals that requests for U.S. market access and certain applications with foreign ownership wouldn't be eligible for expedited processing, it added.

Commenter Concerns

Meanwhile, the FCC's proposal to narrow the window for public comment on applications garnered some criticism. CTIA said shortening public notice timelines while also adopting new licensing processes would disrupt stakeholders, including incumbent licensees. NASA, Verizon, Viasat and Eutelsat also raised concerns about the shorter public comment period.

DarkSky International said it was against any revision of FCC satellite rules that would limit or preclude the agency and public from determining whether the proposed satellite system will adversely affect the environment and should be prevented. The agency also shouldn't limit whether an environmental assessment or environmental impact statement is required before a license is issued, DarkSky said. It called for the proposed FCC framework to require adverse environmental and astronomical effects to be addressed in the application process, and it urged longer windows for the public to comment. The American Astronomical Society similarly opposed shortening the comment period because it could "hamper the response ability of organizations that may not have staff dedicated to monitoring and replying to FCC matters."

The Information Technology and Innovation Foundation applauded the creation of a license type just for variable trajectory spacecraft systems (VTSS), saying a regulatory structure could greatly benefit the U.S. space industry when VTSS operations become common. The group also said the proposed two-step earth station licensing approach would benefit operators as long as the commission requires proof of coordination at every registered earth station site before operations begin.

The proposed satellite trajectory data sharing isn't frequent enough for VTSS, which can change their altitude by 1000 kilometers in less than an hour, said space transport company Manifest Space. All satellites should have to report every second when operating below 4,000 km and every eight hours when above that, it said.