Satellite Operators Seek Changes to Last Year's NGSO Order
New equivalent power flux-density (EPFD) limits and axing use of band splitting were among satellite operators' suggestions for the FCC on changes to the Part 2 and Part 25 non-geostationary orbit (NGSO) rules adopted last year (see 1709260035). Wednesday was the deadline for petitions for reconsideration with many posted Thursday. The petitions likely won't be met with either automatic rejection or be a slam dunk, said a satellite lawyer.
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.
With the agency acknowledging existing EPFD limits won't protect geostationary orbit (GSO) networks from interference, the FCC has several options, including authorizing NGSO systems subject to the outcome of future rulemakings where suitable EPFD limits are adopted, ViaSat said in its docket 16-408 petition. It said the agency was "arbitrary and capricious" in not addressing EPFD limits given the evidence of the interference threat from NGSO systems following ITU EPFD limits.
ViaSat said the agency should rethink its "perfunctory decision" not to consider its proposal to allow secondary fixed satellite service use in the 19.4-19.6 GHz and 29.1-29.25 GHz bands. It said the FCC needs to address how applicants can amend their pending NGSO applications in light of the changed NGSO rules. The company said the order doesn't spell out how it and other operators might be able to alter their proposed NGSO systems without third parties alleging the changes to be a major amendment or outside the scope of the processing round.
The agency, by opting to use band splitting instead of ITU filing date priority when parties can't reach a coordination agreement, is undermining the NGSO community's ability to design, finance and operate their systems, OneWeb said. It said it designed its Ka-band links to accommodate Telesat Canada's filed plans, but such advance planning wouldn't be likely under the FCC's band-splitting regime without the incentive to consider ways to protect prior systems. Band-splitting opens the door to gaming the system by later applicants able to force concessions from other operators, said the firm. The satellite industry has generally been against band splitting, favoring working out coordination issues itself, an industry consultant said.
Footnote NG62 in the order doesn't just allow the legacy fixed service stations to operate as long as they coordinate with fixed satellite service users in the 29.25-29.5 GHz band, but elevates their status so FSS stations can't interfere with them and must accept interference from them, said EchoStar, Iridium and Telesat Canada. They said that footnote opens their services to harmful interference from the legacy temporary fixed stations and could require them to shut off feeder links providing those services, and asked the footnote be eliminated or revised.