Additional NGSO Application Amendments Seen Likely
The FCC, already processing an array of non-geostationary orbit applications and now some proposed major amendments, will likely see numerous other amendments for other NGSO proposals, satellite industry experts told us. The FCC, having amended its NGSO rules in September (see 1709260035), has to expect operators are going to look at the increased flexibility in the new rules and see how it might lead to better network designs, said a lawyer with satellite clients. The agency didn't comment.
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The NGSO plan amendments haven't been unexpected, since any satellite system sees changes and amendments being made during its lifetime, said a satellite operator lawyer. Satcom lawyers said many satellite operators, along with reviewing their own plans, are watching to see if other NGSO operators similarly ask the FCC for amendments, particularly in light of the NGSO rules changes.
NGSOs "are in unchartered grounds right now as most of the FCC’s activities and focus" have traditionally been on geostationary systems, said Spaceflight Industries General Counsel Indra Hornsby in a statement. "While the FCC is trying to accommodate and address this new category of satellites, NGSO business models are very different and addressing this new innovative mindset it will take some time.”
One satellite industry challenge is the lack of "a single taskmaster," with ITU and FCC each having different playbooks, said Quilty Analytics President Chris Quilty, noting it makes sense for operators to try to amend their plans in the light of rules changes. When NGSO operators submitted their plans, "they were doing it in the blind" about what competitors had planned, Quilty said, saying the rules change also can be cover for making modifications for purely competitive reasons.
Boeing asked to transfer one of its NGSO applications to a company owned by OneWeb Chairman Greg Wyler (see 1712220003). OneWeb -- citing the changed NGSO rules -- asked to double the size of its proposed V-band constellation, plus add a variety of spectrum bands (see 1801050002). And O3b last fall asked for OK to reduce the number of satellites seeking U.S. market access, saying technological advances with its proposed O3b mPower constellation mean it needs only 30 new satellites in addition to the 12 already in orbit.
O3b's ask faces opposition from Iridium, which last month petitioned the agency to either deny the request or remove O3b from the processing round. It argued O3b's request for a mobile satellite service designation for the 19.7-20.2 GHz and 29.5-30 GHz bands is inconsistent with agency plans for the Ka-band. It also argued O3b's request should be deemed a "major amendment" that can't be considered in the Ka-band NGSO processing round.
Boeing's application raises questions about changing ownership in an application, said the lawyer with satellite clients. Historically the FCC's position has been that processing round applicants can't change, but the agency has granted waivers in cases of mergers and acquisitions, when it was clear the new owner was buying a business and not just a place in line, the lawyer said. The Boeing application raises the question of whether the Wyler transfer is consistent with that, and the issue of an applicant having two non-geostationary applications in the same spectrum at the same time, the lawyer said. Boeing asked for a waiver of agency rules about Wyler having two NGSO applications using the same frequency band (see 1801020007). OneWeb didn't comment.
OneWeb's proposed amendment also raises major amendment questions about its ask for Ka- and Ku-band spectrum that could lead to arguments about whether it should be removed from the processing round, the satellite operator lawyer said.
Applications being bumped from a processing round doesn't happen often, experts said. The International Bureau "isn't looking to rule out competition," said Andrew D'Uva, president of satellite consultancy Providence Access.