Trade Law Daily is a Warren News publication.
TV6 Interference Sunset Deferred

Despite Commerce Red Flags, FCC Says Orbit Debris Update Can't Wait

While the Commerce Department had suggested the FCC pause its orbital debris rules update (see 1904080033), there's no time to wait, according to the 119-page draft order the commission released Thursday in advance of the April 23 meeting. The April agenda also has media items on increasing video description requirements and relaxing interference restrictions for low-power FM.

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.

"Given the pace that the [satellite] industry is evolving... it would not be beneficial at this time to delay our rule updates." The agency said orbital debris regulation "will be an iterative process," morphing in response to new research and policies. If it turns out the FCC is doing something another agency is charged with performing "we will modify our process and regulations accordingly." Commerce didn't comment.

The order would require all non-geostationary orbit (NGSO) satellites that orbit above the International Space Station for any period to have collision avoidance maneuverability. Anything below that would generally fall back to earth within a few years, it said. Existing authorized systems wouldn't need to meet the collision avoidance maneuverability requirement if launched before April 23, 2022. The agency expects most operators will use propulsion to de-orbit satellites. The order would limit geostationary orbit license extensions to five years per extension and adopt a baseline post-mission disposal reliability metric.

The agency opted not to pursue some ideas it floated. It isn't reducing the 25-year benchmark for completion of NGSO post-mission disposal by atmospheric re-entry, instead saying the maneuverability requirement above the ISS' 400 kilometers makes the matter moot. Satellites that can maneuver "will be unlikely to remain in orbit above 400 km for any length of time following the conclusion of the spacecraft mission, since it would serve no purpose" to stay in orbit and keep doing more collision avoidance maneuvers, it said. Requiring an NGSO constellation that would be deployed in the low earth orbit above 650 kilometers explain why that orbit had been chosen also is moot, it said.

Noting the idea faced considerable industry pushback, the FCC won't mandate low earth orbit satellites operating at 650 km or higher first deploy below 650 km and then maneuver higher once they had full functionality. It said other actions, like post-mission disposal and collision risk standards, tackle the underlying issues of nonfunctioning satellites in orbit.

The draft wouldn't require automatic disposal be initiated in the event of a loss of power or contact with the satellite. While not a mandate, the FCC said it might consider such operations in its post-mission disposal reliability review. Instead of requiring mega constellations test a few satellites in lower orbit before going to full, higher deployment, the agency suggests such tests.

An accompanying Further NPRM suggests geostationary and NGSO operators be required to post a surety bond to be returned once the satellite completes post-mission disposal. Such a bond doesn't exist now, but "a Commission rule could help to drive the market toward the creation," it said.

The draft order on LPFM technical rules defers the question of a proposed sunset of TV6 interference protections until after the July 2021 final date of low-power TV stations going digital. Instead, LPFM stations can seek waivers of the TV6 protections if the TV6 station concurs or the LPFM shows no interference would result. The order would incorporate many other provisions from the NPRM, such as relaxing restrictions on directional antennas, relaxing the definition of “minor changes” for LPFM stations, and allowing LPFMs to use FM booster stations. The document “would allow LPFM licensees to improve reception and increase flexibility in transmitter siting while maintaining interference protection and the core LPFM goals of diversity and localism.”

The video description NPRM tentatively concludes the FCC should phase in requirements for additional markets starting in 2021, adding ten a year for four years. The draft tentatively concludes costs of the phase-in are reasonable, and the FCC should examine continued expansion of requirements in 2023.

The item would seek comment on whether COVID-19 should be accounted for in calculating cost-effectiveness of expanding description. “The current pandemic highlights the importance for all Americans, regardless of where they live, to receive accessible information,” emailed Clark Rachfal, American Council of the Blind director-advocacy and governmental affairs.