The U.S. federal government stands to benefit from proposed rules that would give it co-primary status in satellite spectrum shared with commercial users. Should recent rules proposed by the FCC be adopted, the federal government would get interference protection on 13,275 MHz of spectrum, which it currently operates on a secondary, unprotected, basis. The proposed rules would essentially facilitate the use of commercial satellite networks by government agencies on an equal basis with the private sector on selected portions of the C, Ku, Ka, and V bands.

The U.S. Table of Frequency Allocations divides spectrum between the federal government and commercial users. Both federal and commercial users have spectrum that they can use on an exclusive basis. However, for certain frequency bands, the same satellite spectrum is shared between these two categories of users. In these cases, commercial users typically operate on a fully protected basis while federal users must accept interference from commercial users.

The National Telecommunications and Information Administration (NTIA), an executive branch agency, manage federal spectrum, while the FCC manages commercial spectrum. Thus, the NTIA authorizes spectrum for federal users while the FCC issues licenses to commercial users. Pursuant to a memorandum of understanding, the two agencies are continually coordinating issues with regard to shared spectrum.

The Current Situation

Currently, in frequency bands allocated for commercial use, the government may apply to NTIA in order to use these frequencies on a secondary basis. Alternatively, federal users may lease communications services from a commercial license holder, which would include interference protection. In either case, federal users are at a disadvantage; either by obtaining unprotected spectrum from NTIA, or by leasing services from commercial users, which poses uncertainty.

Of primary concern are C-band and extended Ku-band. These bands already share a co-primary status with terrestrial microwave systems, and coordination between terrestrial licensees and Earth stations is already required. If federal users get co-primary status with commercial satellite users, should they also be required to coordinate their Earth station applications with terrestrial users? This is a critical question that must be answered with a resounding “yes.”

Commercial users are required to abide by FCC rules lest they be subject to action by the FCC Enforcement Bureau. But should demands for equal rights from the federal government be met with a requirement for equal duty? What would happen if federal users fail to comply with the same obligations required from commercial users? Should the federal government also be subject to fines?

Conclusion

The U.S. government is a large consumer of space segment on commercial satellites whether for public safety, military, emergency response, or day-to-day operations. The possibility of federal users sharing co-primary spectrum status with commercial users creates the potential for even greater government use of satellites, which could lead to a strengthening of the satellite industry. Yet, this transition may also increase complexities such as an increased delay in processing FCC applications. It is important to emphasize that parity between federal and commercial users, besides equal rights, should mean a shared responsibility particularly with frequency coordination and accountability.

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 [email protected].