NGSO Draft Order Could See Jousting Over Interference, Implementation Milestones

Existing NGSO rules were in need of update for the new technologies and proposed constellations, said EchoStar Senior Vice President-Regulatory Affairs Jennifer Manner. Satellite lawyer Jeff Carlisle said the draft order seeming sets the stage for the FCC to next start processing the numerous NGSO constellation applications before it (see 1611160010). The Satellite Industry Association said it still was reviewing the draft.

Some NGSO operators like SpaceX could have problems with the implementation milestone proposal -- 50 percent of a constellation operational within six years of licensing, and fully deployed within nine -- because much of their constellations were to be back loaded, said a satellite company lawyer. But another satellite lawyer said that was unlikely since the proposed rules give more flexibility to operators than the status quo -- a constellation fully deployed within six years. SpaceX didn't comment. The company's NGSO application asked for an implementation milestone waiver, saying just the design, construction and deployment of the first 800 satellites in its constellation should be sufficient to demonstrate its commitment. Boeing asked for a similar waiver (here). It's tough to say how flexible the FCC is on its milestones proposal, though with various NGSO operators with different systems and business plans, it's unlikely there would be operator consensus, said another satellite company lawyer.

If the FCC adopts its milestone proposal, it likely will also give an opportunity to NGSO operators to amend their pending applications, said a lawyer with an NGSO client. Operators applied to the agency based on the existing rules -- a constellation fully operational within six years -- and some might have been more cautious in their proposals because they didn't to jeopardize their systems, the lawyer said, saying there's precedent for the agency allowing amended applications when rules change during processing rounds. A satellite company counsel disagreed, saying it's generally understood a request to modify a processing round application would give it a new date, disqualifying it for the processing round, and instead there might be requests for modifications after constellations get their licenses.

Some operators backed an avoidance angle as a means for NGSO fixed satellite service sharing. Many also have big problems with the FCC's proposal to instead use a trigger based on system noise temperature, especially since making that work would require real-time information about other satellite operators' systems -- and that information is often proprietary and confidential, the lawyer with an NGSO client said. The lawyer said the agency likely won't do a 180-degree turn on system noise temperature, but it might be open to modifying its NGSO spectrum sharing rules.

More to Come

A proposed Further NPRM would ax the domestic coverage requirement for NGSO fixed satellite service systems.

Pointing to proposed NGSO constellations seeking waivers of the requirement as they look to offer service aimed specifically at the Arctic or to nautical customers, the agency said it wouldn't serve the public interest to block to access since allowing specialized coverage systems alongside general ones would encourage broader service offerings. A satellite lawyer said waiving of the domestic coverage requirement, while seemingly common sense, came as a surprise given the long-held FCC policy to require universal U.S. coverage by geostationary systems.

Service rules for the V-band are the agency's logical next step, given the V-band applications pending before the agency (see 1703020036), said a satellite operator lawyer. The FCC didn't comment.

Beyond the draft NGSO order and further NPRM, the expected forthcoming follow-up to last year's spectrum frontiers order will be a major decision affecting NGSOs, setting the stage for what portions of the V-band are available for satellite, said satellite attorney John Janka of Latham & Watkins.

SpaceX and some other operators saw “a small win” with FCC’s implementation milestone proposal, but SpaceX saw “a major defeat” in its push that the agency’s in-line interference avoidance rule apply worldwide to non-U.S.-licensed systems, satellite consultant Tim Farrar blogged. Under the FCC proposal, ITU coordination procedures would instead be in play, which would mean SpaceX would have to operate on a noninterference basis to the U.K.-licensed OneWeb constellation and the Canada-licensed Telesat constellation where they have ITU priority, he said. SpaceX might respond with a Telesat joint venture, Farrar said.

OneWeb, in a meeting with International Bureau staff, repeated its case that the FCC should adopt ITU equivalent power flux density (EPFD) limits for the 17.9-18.6 GHz band, since it would give geostationary operators with protection and NGSO operators more operational flexibility, said a docket 16-408 ex parte filing posted Monday. Elefante Group recapped a meeting it and Lockheed Martin representatives held with Wireless Bureau and Office of Engineering and Technology staffers including Chief Julius Knapp (see here and here) about its plans for solar-powered stratospheric airships as a means for broadband delivery, employing spectrum between 17.8 and 24 GHz. The FCC's draft NGSO order said sharing between NGSO FSS systems and non-satellite technologies and platform is to be studied at the 2019 World Radiocommunication Conference and it will propose rules on sharing between NGSOs and aerial platforms if the need arises.