SpaceX Read of In-Line Event Rules 'Flawed,' Rival NGSOs Say
SpaceX's read of FCC Section 25.261(c) on how a satellite operator qualifies for "home spectrum" is flatly incorrect, said rival non-geostationary orbit operators in International Bureau letters submitted Thursday. The companies are disputing SpaceX claims it has first choice on…
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Ku-band frequencies in in-line NGSO events (see 1907100003). The chief problem with SpaceX’s interpretation of the home spectrum rule is it doesn't include a requirement to communicate with licensed U.S. earth stations, OneWeb said. It said the FCC has a history of using launch order, with no earth station license requirement, as the basis for home spectrum selection. SpaceX's argument the FCC might be forced to choose who's entitled to choose spectrum first without knowing if that NGSO has earth stations falling under the rule is "beyond fanciful," Telesat said. It said the FCC doesn't need to make a determination under Section 25.261(c) unless and until a spectrum coordination attempt between NGSO operators has failed and that coordination attempt will have taken into account earth stations that fall within the jurisdiction of FCC rules. Kepler said SpaceX's reading of the rules "is both forced and flawed." As of November, Kepler noted it had a U.S. market access grant, an authorized Ku-band satellite in orbit and authorization for multiple earth stations in the U.S., meaning even under SpaceX interpretation, it had the highest claim to home spectrum. SpaceX didn't comment Friday.