This year marks fifty years since the U.S. Federal Communications Commission (FCC) licensed its first satellite in 1962. Satellites, and satellite rules, have greatly evolved since then. The satellite industry now generates over $175 billion in annual global revenue. With satellites responsible for an estimated 10 million gigabytes of daily data transmission, the FCC has a huge responsibility to ensure that the industry is not overburdened with regulations. Furthermore, it is the FCC’s responsibility to ensure that optimal regulations are in place to encourage investment and innovation in the industry.

On that note, the FCC recently released a Notice of Proposed Rulemaking (NPRM) to update and simplify regulations for satellite space and earth stations. This NPRM is the first comprehensive review of satellite regulations since 1996. Previously, the FCC enacted important satellite regulation, but on a piecemeal basis. Examples include: first-come-first-serve satellite licensing in 2003; Earth Stations on Vessels in 2005; 17/24 GHz broadcasting satellite service in 2007; and Vehicle Mounted Earth Stations in 2008.

The NPRM seeks to simplify hundreds of regulations to unburden stakeholders and also to expedite the licensing process. Proposed revisions include: 

• Removing needless oversight and regulation;
• Increasing the number of earth station applications eligible for fast processing;
• Removing unnecessary reporting rules;
• Providing greater flexibility to earth station applicants in verifying antenna performance; and
• Clarifying requests for comment on milestone requirements for space stations.

Overall, the FCC is revamping its regulatory definitions for satellite communications. This measure will give greater clarity to regulatory terms. In addition, the FCC is fine-tuning many technical rules that apply to both satellites and earth stations. Removing unnecessary technical restrictions will require applicants to submit fewer waiver requests.

Proposed Rules Affecting Earth Stations

An example of a proposed rule affecting earth stations is the addition of a list of authorized Ka-band satellites. This will enable earth station applicants to request blanket authorization to use all of the Ka-band satellites on the list.

Another new proposed rule is intended to clarify the concept of multi-antenna licensing: That is, by allowing multiple antennas located next to each other to be included under a single license.

The FCC proposes to review an “autogrant” procedure for earth station applications. Applications that meet specific requirements would deem to be granted 35 days after the applications appears on public notice, provided no objections are filed. Additionally, the FCC proposes to allow receive-only earth stations to register with the FCC to obtain interference protection from non-US satellites. 

Proposed Rules Affecting Satellites

A few examples of the proposed rules affecting satellites include the elimination of a requirement for satellite operators to specify street address and phone number of Telemetry, Tracking, and Command (TT&C) stations with initial application filings.

The FCC is further proposing to remove a requirement for satellite operators to measure the performance of satellite antennas during preliminary in-orbit testing and to submit data to the FCC within 30 days of testing completion. Instead, the FCC proposes to have satellite operators submit this data upon request from the Commission. 

Conclusion

A sweeping review of regulations does not happen very often. Instead, the piecemeal approach tends to be the norm. We are all for simplification of rules and for the elimination of those which are outdated or unnecessary. In this time of global economic recovery, an important thrust of the satellite industry can be accomplished by unburdening stakeholders.

Raul Magallanes runs a Houston-based law firm focusing on telecommunications law. He may be reached at +1 (281) 317-1397 or by email at raul@ rmtelecomlaw.com.