NAB proposed regulatory language to protect broadcasters and users of Fixed-Satellite Service earth-to-space communications, in a filing at the FCC Monday, if the FCC approves use of the 14 GHz band, on a secondary basis, for better wireless broadband on commercial flights. The Satellite Industry Association questioned whether the band is well suited to in-flight broadband given the interference risks for FSS. In May, the FCC launched a rulemaking seeking comment on a Qualcomm proposal for a terrestrial-based air-ground mobile broadband service in the band (CD May 10 p5).

NAB proposed regulatory language to protect broadcasters and users of Fixed-Satellite Service earth-to-space communications, at a filing at the FCC Monday, if the FCC approves use of the 14 GHz band, on a secondary basis, for better wireless broadband on commercial flights. The Satellite Industry Association questioned whether the band is well suited to in-flight broadband given the interference risks for FSS. In May, the FCC launched a rulemaking seeking comment on a Qualcomm proposal for a terrestrial-based air-ground mobile broadband service in the band (WID May 10 p3).

EchoStar, Intelsat, SES and the Satellite Industry Association urged the FCC to forego action on allegations that incumbent satellite operators are harming competition and warehousing their spectrum. The companies supported dismissing the claims, in reply comments to a notice of inquiry into whether incumbent satellite operators are operating in ways that inhibit competition (CD June 10 p8). The NOI’s proposals “would deter future investment and cast a regulatory cloud over the deployment of new satellites and assets,” SIA said in comments in docket 13-147 (http://bit.ly/12mBk6V). The NOI is premised on misplaced concerns that alleged satellite warehousing practices are restricting consumers’ access to new services and “preventing newer more efficient spacecraft technologies from entering the market,” it said: The industry is highly competitive, “with many providers ... aggressively competing to serve customers in the U.S and abroad.” Unused capacity exists in all terrestrial and satellite communications networks, and for many good reasons, it said. EchoStar agreed, saying unused capacity “benefits consumers by ensuring that supply exceeds demand, thus placing inherent limits on price” (http://bit.ly/172u55P). EchoStar suggested the FCC open a rulemaking proceeding, instead, “to provide satellite licensees with greater flexibility to manage their fleets and implement their systems,” it said. The allegations of vertical foreclosure don’t warrant FCC action, SES said (http://bit.ly/14TMQUn). There is “simply no evidence that would warrant revision of the commission’s policies,” it said. The premise that any slot not occupied by a satellite “operating across all available frequencies and substantially full is being warehoused and restricting competition is totally wrong,” Intelsat said (http://bit.ly/14TOxB0). “If warehousing is to be considered as a competitive constraint, the commission must develop evidence that some enhanced operation is in fact being impeded by less than full utilization of existing licenses.” The NOI stemmed from allegations by Artel, Spacenet and other integrators against Intelsat (CD May 9 p3).

Satellite companies and manufacturers supported the Obama Administration's draft proposals to update the satellite export control regime in comments to the Department of Commerce Bureau of Industry and Security (BIS). The proposals address the transfer of satellite systems and their components from the U.S. munitions list (USML) to the Commerce Control List (CCL). Items controlled under the USML are critical to national security, while the CCL is less restrictive and includes items that are less critical. Comments were due and posted this week (see 13071122). SES, Intelsat, Boeing and other companies approved of the proposals but asked for clarifications to export control classification numbers (ECCN) that identify items.

The Utilities Telecom Council and startup Winchester Cator fired back at the two parties opposed to reconsideration of their petition asking that utilities be allowed to use the 14.0-14.5 GHz band on a secondary basis for fixed point-to-point and point-to-multipoint services. The Satellite Industry Association and EchoStar were alone in asking the FCC to reject the recon petition (CD July 2 p6). “SIA’s response to this issue is curious: Far from disputing it, SIA seeks to defend the fundamental inconsistency of the decisions by asserting that the judicial standard for review of an agency’s action is so lax as to make their failure to apply a consistent standard essentially non-reviewable,” UTC and Cator said (http://bit.ly/15yYMyH). “SIA is wrong both as a matter of Commission rule and policy and as to judicial review.” SIA ignores the “methods proposed by UTC/Winchester to avoid interference with primary satellite operations, including a five degree exclusion angle, that are more protective of primary satellite operations than currently imposed upon secondary operations in the band,” they said. The two also struck back at EchoStar: “EchoStar’s reading of the Order to suggest that every terrestrial station must be individually coordinated with every operating satellite to take into account its ‘particular sensitivities’ would undermine the very notion of an aggregate interference threshold."

Satellite companies and manufacturers supported the Obama Administration’s draft proposals to update the satellite export control regime in comments to the Department of Commerce Bureau of Industry and Security (BIS). The proposals address the transfer of satellite systems and their components from the U.S. munitions list (USML) to the Commerce Control List (CCL). Items controlled under the USML are critical to national security, while the CCL is less restrictive and includes items that are less critical. Comments were due this week and posted Thursday (http://1.usa.gov/1aevu9E). SES, Intelsat, Boeing and other companies approved of the proposals but asked for clarifications to export control classification numbers (ECCN) that identify items.

The Satellite Industry Association and EchoStar urged the FCC to deny a petition from Utilities Telecom Council and Winchester Cator for a review of the commission’s decision denying secondary use of the 14.0-14.5 GHz band. Enforcing upper limits on the amount of critical infrastructure industry (CII) receivers authorized to operate on a secondary basis “would not address how and when particular transmitters could be located and shut down in the event of harmful interference,” SIA said in comments in docket RM-11429 (http://bit.ly/121loUk). The commission rightly concluded that the public interest isn’t served “by allowing CII users on a secondary basis in frequencies where the risk of interference to FSS [fixed satellite service] earth stations is significant,” SIA said. The UTC-Winchester centralized coordination role “does not adequately address all cases of potential interference since it fails to take into account the particular sensitivities of individual satellites,” EchoStar said (http://bit.ly/1azl6Mz). The petitioner hasn’t included a workable plan to pinpoint specific interferers, it said.

The Satellite Industry Association urged the FCC to implement changes in the regulatory fee structure “to more accurately assign FTEs [full-time employees] and improve the regulatory fee structure,” it said in reply comments in docket 08-65 (http://bit.ly/13aUD4L). The record supports the commission’s proposed allocation of International Bureau FTEs, SIA said. SIA opposed Fireweed Communications’ support for revenue-based fee allocation. Fireweed “fails to present any supporting rationale that passes statutory muster,” SIA said. Fireweed argues that the FCC can eliminate all fee categories, “ignoring the fact that these categories were explicitly established by Congress when it adopted the regulatory fee framework,” SIA said. The commission also should use objective workload metrics wherever possible to assign support bureau FTEs among categories of fee payers, it said. SES, Inmarsat and Telesat urged the commission not to impose a regulatory fee on foreign-licensed satellites. The only FCC efforts solely focusing on such satellites involve processing requests for market access, “a one-time expenditure of resources that does not justify a recurring regulatory fee,” they said in a joint filing (http://bit.ly/13aGaXJ). In its comments, Intelsat listed the number of foreign satellites that have been approved to serve the U.S. through petitions for declaratory ruling, the parties said: This work doesn’t constitute ongoing regulation “and any associated costs would more appropriately be recovered through an application fee, not regulatory fees.” EchoStar and Dish also opposed imposing regulatory fees on non-U.S. satellites. Intelsat disregards the fact that the entities it references as foreign-issued authorization holders “are also holders of U.S. authorizations for satellite space stations, earth stations or both,” they said in joint comments (http://bit.ly/13aGMN2). They also urged the FCC to avoid altering the methodology for collecting fees from DBS licensees: Media Bureau activities relating to DBS “are certainly no greater than they were when the current fee structure was established in 1993.” DirecTV urged the FCC to reject the American Cable Association’s suggestion to impose such fees on DBS companies. The FCC may only amend the regulatory fee schedule “based on changes in law and regulation that, in turn, change the costs of regulating particular industry segments,” it said (http://bit.ly/19FMnd4).

Companies from across the telecom industry urged the FCC last week to reform its rules for assessing regulatory fees. Commenters said change is necessary to ensure no provider is at a competitive disadvantage. An NPRM last month sought comment on several reforms, including changes to the Interstate Telecommunications Service Providers fee category, reallocation of full-time equivalent (FTE) employee fees, and limitations on regulatory fee increases (http://bit.ly/13YxqAR).

Global satellite industry revenue grew 7 percent in 2012, outpacing both the worldwide economic growth rate (2.3 percent) and U.S. growth (2.2 percent), but well behind telecom sector growth at 14 percent, the Satellite Industry Association said in its annual State of the Satellite Industry Report, released Monday. Worldwide, 2012 revenue totaled $189.5 billion in 2012, up from $177.3 billion the previous year. But industry employment fell by 1 percent through the first three quarters of the year, a loss of 1,407 jobs. In 2011, industry employment fell 2 percent.