If SES and Intelsat were going to go their separate ways during the FCC's C-band clearing proceeding, it would have made the most sense in fall 2019 when the agency announced clearing would be done via public auction, former Intelsat Vice President-Investor Relations Dianne VanBeber testified Thursday in U.S. Bankruptcy Court. Instead, the C-Band Alliance "continued on," she said. SES counsel had her testify about various internal Intelsat emails that, among other things, referred to the "binding" consortium agreement with SES with its 50-50 clearing proceeds split. It was the fourth day of testimony in SES' suit against Intelsat on collapse of their C-band collaboration (see 2202070031). Intelsat outside counsel Michael Glick of Kirkland & Ellis pushed VanBeber on not having ever read the consortium agreement and having no role in its creation or in the C-Band Alliance.
Tariff classification rulings
AST's BlueWalker 3 test satellite is now expected to go up on a SpaceX launch this summer, company officials told aides to FCC Chairwoman Jessica Rosenworcel, per an International Bureau ex parte filing Wednesday. That's moved back from the previously expected March launch (see 2110060002).
Dish Network and RS Access objections to Kepler's request to operate earth stations in motion in the 12 GHz band (see 2201040058) are "fundamentally unsubstantiated, anticompetitive, and in several cases, simply false," Kepler told the FCC International Bureau Wednesday. It said Dish cites spectrum available to geostationary orbit operators, not non-geostationary ones, in claiming Kepler already has access to sufficient spectrum. It said Dish and RS "present a fallacious image" that letting Kepler operate in the 12 Ghz band would create encumbrances in the pending 12 GHz rulemaking proceeding. "The FCC has not authorized mass-market ESIMs in the 12 GHz band for good reason, and Kepler's request for a waiver of longstanding Commission rules is not warranted," RS emailed. "It is critical that Kepler's application is denied or deferred to ensure the FCC's decision making is not constrained in the open 12 GHz proceeding." Dish didn't comment
Forty of its Starlink broadband satellites launched last week have re-entered the atmosphere or will do so soon, after a geomagnetic storm warmed the atmosphere, increasing atmospheric density, SpaceX said Tuesday. The increased drag prevented the satellites from being able to begin orbit-raising maneuvers, it said, adding they pose no risk to other satellites.
The SmallSat Alliance is seeking nominations and input for what to call an integrated commercial and government space communications "space internet" network, it said Monday.
Updates SES sought to the C-band satellite operator consortium agreement in early 2020 reflected changes such as Telesat’s cut of clearing proceeds rather than trying to cement a 50-50 proceeds split with Intelsat, SES CEO Steve Collar testified Tuesday. Trial began Monday in U.S. Bankruptcy Court in Richmond regarding SES' suit against Intelsat on the collapse of the consortium (see 2202070031). Collar said in early 2020 SES still believed the 50-50 split governed the handling of Intelsat and SES clearing proceeds. He said he was unaware Intelsat was delaying a consortium update, referring to an internal Intelsat email by Michelle Bryn indicating she “can’t stall on this much longer.” Collar testified he at one point in early 2020 asked Intelsat CEO Steve Spengler directly about the 50-50 split, which Spengler confirmed. Collar said he raised the issue because Intelsat “was under extreme [financial] stress. It was a perfectly reasonable thing to seek assurances.” Collar said he and Intelsat met with White House Chief Economic Adviser Larry Kudlow days before the FCC’s C-band clearing order, not so much because President Donald Trump would necessarily sign off on that order but for him to “be aware of it.” During cross-examination, Kirland and Ellis lawyer Jeff Zeiger, representing Intelsat, walked Collar through a series of internal SES emails, noting they repeatedly didn't say anything about a 50/50 proceeds split with Intelsat.
E-Space, founded by O3b and OneWeb founder Greg Wyler and with plans for as many as 100,000 communications satellites, said Monday it secured $50 million in seed funding led by Prime Movers Lab. It said the financing funds launch of its test satellites in March and a second test launch later this year, with mass production to start in 2023.
Dish Network, Viasat and SES/O3b were given access to data files that would let them do equivalent power flux density analysis of SpaceX's planned second-generation constellation, making moot their requests for the second-gen proceeding to be held in abeyance (see 2202020002), SpaceX told the FCC International Bureau Friday. The three companies didn't comment.
Predicting a booming 2022 for commercial space businesses, speakers Thursday at a Space Foundation webinar also warned that orbital debris is of increased concern. Space junk could be "a real handbrake" to space industry growth, and there needs to be a global plan for addressing it, said Rocket Lab CEO Peter Beck. Two of the space insurance industry's biggest worries are increased potential for collisions as space becomes more crowded and higher potential for failures due to proliferation of new satellite and launch technologies, said Chris Kunstadter, AXA XL global space head. He said a better understanding is needed of the risks involved in commercial human spaceflight. The commercial space industry “weathered the [COVID-19] storm … better than most,” said Eric Stallmer, Voyager Space executive vice president-government affairs and public policy. He hopes the stock market slide in the past few weeks doesn’t mean investment drying up. He said commercial orbital debris mitigation and removal deserves more funding. Speakers said workforce issues and competition for employees is a big issue. “Talent is a real throttle for everybody,” Beck said. Spaceflight is in the midst of a several-year transition from being the province of nations' civil space programs to a commercial operation, with a commercially built and operated space station next, said Sierra Space President Janet Kavandi.
Dish Network's arguments for holding SpaceX's second-generation constellation application in abeyance (see [Ref;2201280005]) are nothing but gamesmanship, SpaceX told the FCC International Bureau Wednesday. It said it wasn't required to make the equivalent power flux density (EPFD) data available, but it voluntarily did so. It was only 20 months later, when SpaceX was close to starting launches of its second-gen constellation, that operators started requesting the data, plus additional data SpaceX wasn't offering, it said. The FCC made clear when adopting EPFD rules that non-geostationary orbit applicants should provide EPFD data as part of the application process, it said. Dish didn't comment Thursday. Viasat and SES/O3b echoed Dish's abeyance request (see 2202020002).