The Federal Communications Commission has unanimously approved new rules in place that govern how space-based systems coordinate and share spectrum, in an attempt to balance early-mover system protections while enabling newer players to have spectrum access.
The changes mark the first work coming out of the newly formed Space Bureau, formerly the FCC’s International Bureau. The Space Bureau was formed because of the volume of specific interest in new space-based systems, particularly Low Earth Orbit (LEO) satellite or non-geostationary satellite orbit, fixed-satellite service (NGSO FSS) constellations. “The number of applications filed in recent years for NGSO FSS system authorizations, and the number of satellites launched, are unprecedented,” the FCC notes in the order establishing the new rules.
Those rules clarify the details on the sharing obligations between NGSO FSS satellite systems that are approved in the same processing round versus different processing rounds, and it also emphasizes that all players have a good-faith obligation to negotiate with one another in order to make that sharing possible—instead of refusing to come to the table in order to block a competitor from the market.
“It has long been the practice of the Commission to license these satellite constellations in
processing rounds. In practice, this means that satellite systems that get their applications in early during the same round have equal rights to the shared spectrum in the band,” explained Chairwoman Jessica Rosenworcel in a statement. “But for applications that come in later, it’s a different story. They have to protect these earlier systems and work around the incumbents that are already there. This means systems in the earlier round get a first-mover advantage.
“This can be a good thing because it provides early entrants with the certainty needed to invest in costly and complex satellite deployments,” she continued. “But the downside is that when this first-mover advantage continues in perpetuity, it shuts out would-be competitors, prevents newer deployments, and discourages operators from transitioning to more efficient systems that are better suited to sharing. That’s a not-so-good thing.”
The new rules add a sunset on that spectrum priority, at 10 years after a later-round system is authorized.
“Now the first movers will enjoy the advantage they’ve earned by daring to
think big and take on that risk, but they won’t be able to hold on to that regulatory privilege forever. This will open our skies to more competition,” Rosenworcel said. She added that the FCC also clarified that “it is the responsibility of all parties to coordinate in good faith and to exchange the information with each other that is necessary to
ensure the shared spectrum resources used by satellite systems,” which she said removed the previously existing “incentive to refuse to coordinate with your competitor and block them from entering the marketplace.”
“These updates … reward early investment but also help clear the way for new entrants. They promote spectrum efficiency and open up possibilities for new innovation without regard to the date of system authorization,” Rosenworcel said.
