On January 31, 2019, the Federal Communications Commission released a notice of proposed rulemaking to create an optional streamlined licensing process. The FCC proposes to allow a single license to apply to both space stations and earth stations operating for a geostationary satellite orbit, fixed-satellite service satellite network (GSO-FSS). Additionally, the FCC proposes to reduce other regulatory requirements.
Unified License. Current FCC regulations require the FCC to issue separate licenses for earth stations on the ground, and for satellites (frequently referred to by the FCC as “space stations”) in space, even when they are part of the same satellite network. For domestic U.S. satellite operators, however, the FCC often holds the satellite licensee responsible for ensuring that the ground component of its network, which may be operated by someone else, avoid interference and abide by earth station power limits. There are other overlaps:
For example, GSO FSS satellite applicants in ‘‘two-degree spacing’’ bands certify that the earth stations in their networks will comply with certain prescribed routine power limits, unless other power levels are successfully coordinated with adjacent satellite operators. At the same time, earth station applicants in the same ‘‘two-degree spacing’’ bands must either demonstrate or certify compliance with these same routine power limits, unless otherwise coordinated by the satellite operator. Similarly, earth station licensees are often required to comply with any other, relevant conditions in the satellite license as well. These overlaps arise with respect to operations coordinated between satellite operators; however, site-specific coordination of earth stations with terrestrial stations are rarely included in space station authorizations and must be conducted at each specific earth station site selected. Observance of restrictions from terrestrial coordination is the responsibility of earth station licensees, who may or may not be owned or controlled by the space station operator.
Under a single-network license, this duplication would be unnecessary. The proposal would allow earth stations to start operating as soon as their operator had an agreement with a licensed operator of a satellite network.
The FCC seeks comment on a number of implementation issues, including:
A space station operator and licensee under a joint space station and earth station license would need to maintain sufficient control over all the operations [including those of the earth station] under the license required of a Commission licensee pursuant to Commission precedent. As noted, we anticipate that this control could be exercised through contractual means where necessary, but we invite comment on the issues of control residing with the space station operator, and on what kinds of contractual provisions would be appropriate to address such issues. Similarly, we seek comment on whether any changes to our control provisions in 47 CFR 25.271 would be necessary….
The FCC seeks comment as well on possibly creating a new fee category, continuing to require earth station operators operating in shared bands to file their coordination agreements with the FCC–although not as part of an application for authorization, and on certification obligations.
Build-out Requirements. The FCC proposes to better align the requirement that certain gateway earth stations be built within one year with the timetable for when the gateway’s satellite becomes operational. Current requirements mean that a gateway earth station built within one year could sit unused for as long as four years waiting for a satellite to become operational. Accordingly, the FCC proposes to define the build-out requirement for earth stations authorized under 47 CFR 25.136 by the date the associated satellite becomes operational. This could be up to five years for a GSO satellite or six years for a non-geostationary orbit satellite if the satellite is put into operation at the end of its milestone period, but in any event no less than one year. This would mean that if the associated satellite was already in orbit or launched within one year of the date of the earth station application, the one-year build-out requirement would continue to apply to the earth station.
Others. The FCC proposes to stop requiring satellite operators to annually report and disclose any authorized satellites or spectrum unavailable for service, and the construction progress of any authorized replacement satellites. The Commission would clarify its out-of-band emissions to avoid misinterpretations and harmonize it with international standards. Currently, the FCC simply denies deficient applications, but is considering changing that process to permit corrections. The Commission sought comments on how to avoid applicants unfairly holding a place for themselves in the application line through the filing of a deficient application. Lastly, the FCC is considering dropping some of its notification requirements for when an earth station operator makes minor modifications to its licensed earth station that do not increase the risk of interference.
The FCC seeks comments on all these issues.
Comments to the FCC due by: March 18, 2019
Reply comments to the FCC due by: April 16, 2019