FCC Appears to Want to Move Fast on Orbiting Data Centers, Experts Say

Ian Christensen, senior director of private-sector programs at the Secure World Foundation, said the FCC has shown that it wants to move quickly, evident by its current proceeding on space licensing modernization and the fact that the agency put out the SpaceX application for public comment just days after it was submitted (see 2602040064).

Cooley space lawyer Tony Lin agreed, saying that other orbital data center applications will likely expect the same processing time. But whether the FCC can continue to maintain that pace remains to be seen, he said. The agency already has well-established orbital debris rules, and as long as applications meet those requirements, they shouldn't present a big problem, he noted. Lin also said there are implications to putting huge numbers of data center satellites into space, and the White House's efforts to develop a space mission authorization regime reflect the need to be able to authorize novel space activities.

A lawyer with space regulatory experience told us that SpaceX's request might get handled relatively quickly by the FCC because of the constellation's heavy use of laser links instead of RF spectrum. In its Space Bureau application, SpaceX said its constellation would use optical inter-satellite links among the data center satellites and potentially to connect to the company's Starlink broadband satellites. It also said it would use Ka band spectrum for backup telemetry, tracking and control. The lawyer told us SpaceX tried to frame its application as relatively standard, and the FCC's speed at putting it on public notice might reflect that the agency thinks similarly.

Both SpaceX's and Starcloud's applications are "a little light on technical detail," Christensen said, adding that the companies might have filed early in their plans to get talks with the agency started.

Greenberg Traurig space lawyer Kate Dickerson said getting FCC authorization for a new satellite constellation under the agency's current Part 25 rules governing satellite communications is a lengthy process, and the same will probably hold true for any orbital data center applications under the current rules regime.

In addition, space lawyer Jim Dunstan told us, the orbital data center applications raise questions about what jurisdiction the FCC has over them. The agency arguably shouldn't be regulating orbital debris, he said, and while it's an area the agency has taken up, it could be vulnerable to legal challenge.

The RF aspects of the data center constellations aren't that complicated, said Clayton Swope, deputy director of the Center for Strategic and International Studies' Aerospace Security Project. He said there's little opportunity for the generation of harmful interference.

Swope argued that the use of laser inter-satellite links in the data center constellations could indicate that the FCC is moving toward a world where satellites mostly rely on optical links, so the agency would have a diminishing role in satellite oversight. Meanwhile, the FAA does payload review as part of launch licensing, "but 'review' is a stretch," Swope said, noting that the FAA doesn't look at orbital debris mitigation.

The orbital data center applications also point to broader issues of how the historical model of U.S. space regulation is potentially insufficient for novel space operations, said Greenberg Traurig space lawyer Michael Mineiro. The response to that issue has included August's commercial space executive order from the White House (see 2508140004), various legislative proposals, and the FCC's pending space licensing update, he said.

Public Comment

The public comments on SpaceX's application undoubtedly will revolve a lot around orbital debris issues and space traffic coordination, as well as light pollution and its impact on astronomy, given the size of the constellation and its solar arrays, space policy experts told us.

Secure World's Christensen said there will likely be vigorous discussions about SpaceX's request that the FCC waive some deployment milestones. He said he also expects discussion about the emerging issue of atmospheric effects from launch and reentry, considering the scale of the constellation and the number of launches it would require.

In its application, SpaceX asked the FCC to waive the milestone requirement that it have 50% of its non-geostationary orbit system deployed within six years of being licensed and 100% within nine years. It also asked for a waiver from having to file an interim surety bond. Since SpaceX is using Ka-band communications only as a limited backup, the company said, it doesn't raise spectrum warehousing concerns that milestones and the bond are aimed at preventing.

Dunstan said some critics of the mega constellation plans are sure to raise environmental concerns, such as debris and light pollution. There also could be concerns about the atmospheric impact of so many satellites regularly burning up on reentry, he added, which could drive the agency to again have to consider whether environmental assessments of the satellite plans are needed under the National Environmental Policy Act.

DarkSky International has started a letter-writing campaign about SpaceX's application that has led to dozens of filings to the Space Bureau. "While satellites play an important role today, deploying constellations at the scale proposed would dramatically expand human activity in low Earth orbit, with global environmental, scientific, and cultural consequences," DarkSky Los Angeles County Executive Director Anna Josenhans wrote last week.

In a letter earlier this month backing SpaceX's application, Starcloud told the FCC that orbital data centers are a solution to the increased difficulty of scaling terrestrial data centers "in a timely, cost-effective, and environmentally responsible manner." Allowing multiple U.S.-based data center constellations "will strengthen U.S. leadership in AI infrastructure and broaden access to advanced computing resources across industries and communities." Citing the FCC's speed in getting SpaceX's application out for comment and the shortened public notice period, Starcloud said it supported FCC efforts "to fast track all applications of this nature in this manner given the importance of the topic."