More NGSO Applications Could Get Approval This Year, as 2 on Circulation
The FCC International Bureau appears intent on getting at least some non-geostationary orbit (NGSO) satellite constellation applications processed and before the commissioners for approval before year's end, industry officials told us. Chairman Ajit Pai said Tuesday his office circulated U.S. market access applications of Space Norway and Telesat Canada, among 11 companies that submitted Ka- and Ku-band constellation plans in a processing round in November (see 1611160010). Asked after Tuesday's commissioners' meeting about the timing of processing and approving those NGSO applications, he said the agency will get them out "as we have the facts before us."
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New NGSO rules for in-line events, facing opposition from some satellite operators (see 1709190018), might need to be revisited, Commissioner Mike O'Rielly said Tuesday as commissioners adopted the new rules 5-0, as expected (see 1709110030). The text wasn't released. O'Rielly said even though the new rules set more liberal milestones rules for NGSO constellations, the agency still might need to issue waivers, given the question of whether launch capacity will be enough to meet those benchmarks.
With the agency approving one NGSO constellation, OneWeb, in June (see 1706220039), it's not clear that new NGSO rules were the biggest factor for being able to begin processing the applications, said a satellite company lawyer. Passage helps operators have certainty once they get licensed, the lawyer said. A satellite industry lawyer told us the OneWeb approval could be a signal to other operators of what to expect, that their constellations ultimately would be decided by the commissioners instead of at the International Bureau level.
Commissioners also adopted a Further NPRM inviting comment on whether satellite operators should be allowed to have system designs that target specific regions. Space Norway outside counsel Phillip Spector of Milbank Tweed said the company asked for a waiver of the agency's 50-state coverage rule for its satellites, which would serve only Alaska, but the agency also has the option of granting its application subject to the outcome of the FNPRM. He said the FCC in the past has approved waivers for satellite constellations serving only specific territories.
The hope is that new rules' requirement of good-faith negotiation on interference issues addresses problems that might come for systems operating in the same frequencies, since the companies can seek FCC help to resolve coordination issues, International Bureau Chief Tom Sullivan said. "We want very much to be part of that process."
NGSO proposals have very different orbital systems, posing "quite the challenge for the FCC," O'Rielly said. He said just as some satellite operators raised concerns about the default sharing mechanism, "I'm not sure internally" there's unanimous belief the agency's approach will work.
Some commissioners in approving the rules pointed to satellite's potential role in addressing the broadband gap particularly in rural areas. Likening NGSO-delivered broadband to the Mobility Fund II and Connect America Fund Phase II, Commissioner Mignon Clyburn said it was another step "to close those gaping divides." Pai said satellite “could be a gateway to more broadband competition."