A new FCC approach on how it calculates satellite constellation collision risks, used in its partial approval of SpaceX's second-generation constellation, is raising some space expert concerns, especially since it's seen as a possible harbinger of how the FCC might look at collision risk for future constellations. Viasat petitioned the commission to clarify aspects of that SpaceX authorization granted in November (see 2212010052). The agency and SpaceX didn't comment.
The FCC's partial grant of SpaceX's second-generation constellation application last month (see 2212010052) is an abuse of agency discretion under the Administrative Procedure Act and a violation of the National Environmental Policy Act, nonprofit International Dark-Sky Association told the U.S. Court of Appeals for the D.C. Circuit in a notice of appeal last week (docket 22-1337). The FCC didn't comment Tuesday.
Globalstar and Iridium shouldn't face notable regulatory hurdles or opposition to their direct-to-handset services, we were told. Iridium said last week it had inked a smartphone service provider agreement. In an SEC filing, it said the deal could mean revenue in the form of development fees, royalties and network usage fees. Apple debuted its Globalstar-enabled SOS emergency messaging service on iPhone 14s in November (see 2211100005).
M&A activity in the technology, media and telecom (TMT) sector is down from the more heated pace during the depths of the COVID-19 pandemic but could pick up in 2023, TMT M&A experts told us. However, expect fewer big, transformative deals and more a series of bolt-on deals, they said.
The FCC, having opened the 17 GHz band to geostationary orbit fixed satellite service, is facing some divides among satellite and wireless operators about doing the same for non-geostationary orbit FSS operations, per docket 22-273 comments this week. The commissioners adopted a 17 GHz GSO order in August on circulation that included an NPRM about an NGSO FSS downlink allocation in the 17.3-17.8 GHz band (see 2208040055).
Notable changes in how the FCC handles satellite license applications seem likely due to efforts within the agency and congressional pressure on it, but timing is up in the air, space regulatory practitioners said. The Satellite and Telecommunications Streamlining Act introduced earlier this month (see 2212090064) isn't going anywhere in the remaining lame-duck session of Congress but stands good chances of being reintroduced and making progress in the next, we were told. Introducing it now was "a stake in the ground," and now staff can get feedback that could lead to amendments to it in the next session, said Hogan Lovells space lawyer George John.
The FCC's 2-2 deadlock, Commissioner Brendan Carr's dance moves and the agency's expiring spectrum auction authorization caught darts from FCC Chairwoman Jessica Rosenworcel in her address Thursday night at the FCBA annual dinner. A crowd of close to 1,500 attended the event at the Marriott Marquis in Washington -- the first such in-person "telecom prom" since 2019. Being the first woman to deliver the chair's traditional monologue, Rosenworcel quipped she "will receive only 83% as much laughter." She made multiple jokes about the 2-2 commission, likening it to a World Cup score and, pointing to next congressional session's Senate, said "getting a one-vote majority sounds pretty good to me." With the FCC's spectrum auction authorization expiring, she said she would have some 4.9 GHz band spectrum available directly after her speech. Showing a video clip of Carr doing "the floss" dance move, Rosenworcel joked there are "ulterior reasons Brendan doesn't want people looking at TikTok." She also took jabs at such targets as Amazon, the AT&T/Time Warner combination, local news broadcasts and Communications Daily's new sister publication, Communication Litigation Today.
The 3rd Generation Partnership Project's Release 17 earlier this spring opens the door to commercial satellite communications' role in 5G, and Release 18 should open it far wider, enabling far more applications and broader merging of satellite with terrestrial 5G networks, satellite industry executives said Thursday. It's less clear how long Release 18 could take, said Gilat Vice President-Products Gil Elizov at a GVF webinar. Many see a widespread satcom role in 5G being years out (see 2205180003).
Astronomers and allies view the FCC's partial approval/partial deferral on SpaceX's second-generation satellite system plans (see 2212010052) as a mixed bag, with questionable ability to tackle light pollution worries raised by the mega constellation. They said the agency's order acknowledges concerns, but it's unclear what the commission can or would do if even the scaled-down deployment the agency OK'd causes significant astronomical observation or environmental problems. SpaceX didn't comment.
The American Data Privacy and Protection Act still has a chance -- albeit a slim one -- of passing during the lame-duck congressional session, privacy experts said Wednesday at a Broadband Breakfast panel. Without comprehensive federal legislation, expect an ongoing wave of states crafting their own privacy rules, said R Street Institute's Brandon Pugh.