Trade Law Daily is a Warren News publication.
Better Coordination Needed

SpaceX Constellation Plans Modification Facing Pushback

SpaceX plans to relocate more than 1,500 satellites to a lower orbit is getting pushback from satellite operators on spectrum interference and orbital congestion grounds. Given the expected boom in satellite traffic, including Amazon acknowledging plans for its own mega constellation (see 1904040034), the industry has "got to figure this out" and coordinate more, with the current status quo insufficient, space consultancy Lquinox President Charity Weeden said.

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.

OneWeb and SpaceX are at odds over interference issues. OneWeb in a meeting with FCC International Bureau staff argued the proposed modification -- with SpaceX relocating part its planned mega-constellation from 1,150 kilometers to 550 kilometers (see 1811090002) -- is a different issue than "a simple change" to satellite numbers or orbital configuration, so the company needs to show there won't be increased interference to other non-geostationary orbit systems. It also said in a bureau filing posted Thursday SpaceX's interference analysis isn't valid. SpaceX called OneWeb arguments disingenuous (see 1903190005).

Planet Labs -- which is asking the FCC to defer any modification until SpaceX submits a collision risk analysis (see here) -- also has been talking directly to the agency. Also urging similar deferrals is the Commercial Smallsat Spectrum Management Association (see here), Astro Digital U.S. (here) and Spire (here). Kepler Communications is urging the modification be denied or, barring that, it be deferred (see here).

Asked about the opposition, SpaceX pointed us to previous filings at the FCC (see here and here) in which it said most of the issues raised are a policy proposal trying to make the company disproportionately responsible for avoiding on-orbit collisions.

A lawyer with satellite clients said the information request the FCC sent to SpaceX even before the comment cycle was done is unusual and seems to indicate the agency trying to move quickly on the application.

At its ex parte meeting, OneWeb said it also urged that its own modification application pending at the FCC -- seeking to increase the size of its already-approved constellation (see 1803200002) -- should be acted on at the same time as SpaceX's. It said that "preserves regulatory parity" between competition.

Weeden hopes satellite operators in general are focusing on safety issues over using congestion questions for regulatory gamesmanship. She said when there eventually is a civil space authority or space traffic management coordinator -- such as the FAA or Commerce Department -- there likely will be "basic rules of the road" for going into orbit, maneuvering and satellite end of life, and the FCC's current orbital debris proceeding could help lead to some of those.

The inevitable increased risk of collisions in space in the near future due to the increased number of satellites and increasing amounts of orbital debris poses a particular risk for small satellites, Northern Sky Research analyst Shagun Sachdeva blogged Wednesday. Smallsats likely will be the bulk of total satellite launches over the next decade, particularly given mega constellation plans by OneWeb and SpaceX, NSR said, saying there likely will be 6,500 smallsats in orbit by 2027. Given those satellites' size, tracking them to provide accurate and timely warnings is a challenge, it said. There are a growing number of space situational awareness providers, but the market doesn't seem as interested as it should be due to "the severity or the urgency of the issue," it said.