Trade Law Daily is a Warren News publication.
Followed by Satellite NPRMs

OneWeb Constellation PN, Processing Round Could Come in July

A public notice on OneWeb's planned 720-satellite constellation could be issued as soon as this month, an FCC official told us, with the agency also working on a variety of satellite rulemaking that could follow later this year and in 2017. Satellite Industry Association President Tom Stroup said he had heard similarly from the agency, though nothing in recent weeks.

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

The FCC official said the OneWeb PN also likely would trigger a processing round for other satellite constellations looking to use the same Ku- and Ka-band spectrum: 10.7-12.7, 12.75-13.25 and 14-14.5, 17.8-18.6, 18.8-19.3, 19.7-20.2, 27.5-29.1 and 29.5-30 GHz. One satellite official told us such a processing round likely would involve some proposed satellite constellations that are being planned but that haven't gone public by filing with the FCC for spectrum coordination purposes. The FCC didn't comment Monday.

OneWeb Vice President-Legal Regulatory Kalpak Gude said the company didn't know any specifics about the state or timing of a PN on its low earth orbit constellation, which the company has said could begin launching in late 2017 (see 1604290016). When asked about the likelihood of a processing round drawing out other non-geostationary orbit satellite (NGSO) systems, Gude said the satellite industry has heard from a number of parties who have expressed interest in NGSO systems. In its petition for declaratory ruling (PDR) in April, OneWeb said that under agency rules, its PDR should be treated as a "lead application," to be followed by the start of a processing round with a cut-off date for competing NGSO system applications. The satellite operator also endorsed an in-line avoidance approach rather than band segmentation if there's not enough spectrum available for all qualified applicants in that processing round.

The FCC has held similar processing rounds in the past, though the constellations in the applications weren't built, Gude said. The band segmentation approach the FCC took then "was complicated and frankly not helpful to encouraging parties to build," he said, adding the agency likely will take a different approach now.

The OneWeb PN will be followed by a similar PN and processing round for Boeing's proposed V-band constellation of more than 2,900 satellites, an agency official said. One key difference between the two is that OneWeb also is seeking U.S. market access while Boeing is already a U.S. licensee, the official told us.

The NPRMs being worked on would tackle small-satellite issues, such as changing the six-year NGSO bond requirement and looking at new criteria instead, and replacing the 10-degree avoidance rule now that technology advancements could allow that to be narrowed; extend Ku-band rules for mobile earth stations to the Ka-band; and make Part 25 rules changes aimed at small satellites, the FCC official said. The NGSO-related small sat NPRM could be issued as soon as Q3, the official said, with the mobile earth stations NPRM coming maybe early in 2017 and the Part 25 rules changes being further in the future.

Stroup said the NGSO-related small sat NPRM grew out of Part 25 rules changes approved last year (see 1512170036) and the recognition more updates are needed, given the increased deployment of small satellites. The large constellations announced by OneWeb and Boeing also were triggers, he said. The six-year requirement -- that a constellation be launched and fully operational in that time frame -- doesn't necessarily apply well to big NGSO constellations that are "much different than anything ever proposed before," Stroup said.