Commissioners Divided on Space Debris Authority Questions

Commissioners split on the FCC's role in orbital safety and congestion issues caused by the satellite mega constellation boom and growth of new satellites, but agreed there's a problem. Approving the orbital debris NPRM Thursday, Jessica Rosenworcel and Mike O’Rielly described parts as “timid.” Rosenworcel and Commissioner Brendan Carr staked out different stances on the agency's role and authority on tackling orbital debris. At the meeting, which included a variety of space-related items, members voted 4-0 to update wireless handset hearing-aid compatibility rules (see 1811150033).

Rosenworcel questioned whether substantial last-minute changes to the debris NPRM were politically motivated. "We contemplated a big-picture vision three weeks ago," but "a whole host of changes" came in the past 24 hours, she said, voting to concur on the item approved by the other three. She questioned whether the Trump administration -- active in space policy -- caused the change. Carr said he got questions added about FCC expertise authority and expertise on debris, such as whether the commission should be one of the lead agencies on orbital debris issues or "play a supporting and coordinating role instead." Carr's office said the changes originated internally in discussions, with no White House contact. Rosenworcel believes the agency has authority on debris.

The debris NPRM isn't "glitzy ... but represents the real work horse" of the meeting, O'Rielly said. He found certain reporting proposals "somewhat timid," and preventive ideas possibly "premature or uncooked," but it starts the dialog. Rosenworcel said the NPRM is "a timid start" to her call for a comprehensive collision and debris policy (see 1803300014) by not suggesting an overall vision or measurable space safety goals. She said the agency should require trackability, maneuverability and de-orbiting.

The White House space policy directive about orbital debris (see 1806180028) isn't related to the NPRM but complementary, International Bureau Chief Tom Sullivan said. He said the FCC is working with executive agencies like NASA and DOD on their debris mitigation efforts under the space policy directive, acting as a consultant.

Rosenworcel raised debris issues when she voted to approve the SpaceX, Telesat, LeoSat and Kepler constellations, which combined plan potentially more than 7,000 additional satellites. O'Rielly said there's "some apprehension" in the market about which, if any, will succeed, but the FCC's job is to OK qualified applicants "and then let the market work its will." He said the FCC has non-geostationary orbit (NGSO) issues to hash out like orbital debris and there might be policy calls like dealing with in-line interference that it "may not have gotten quite right," but the agency is still allowing deployment.

Sullivan said the bureau hasn't set a deliberate pattern as it goes through NGSO applications, and whether approvals continue to come individually or in small batches every few months remains to be seen. The four approved Thursday were an opportunity "for a confluence of work products to come together" in time for a space-centric meeting, he said, noting some were accelerated to be done in time.

Meeting Notebook

Rosenworcel partially dissented Thursday from an otherwise unanimous vote in favor of an order that will allow cable operators to send notices to customers via email instead of through the post. Rosenworcel supports allowing cable companies to send information by email in general, but is concerned the FCC order doesn’t require customers to opt in to receiving notice of rate changes by email. “Before having my video provider raise rates via e-mail, I think I deserve the right to choose to have it do so,” Rosenworcel said. The record contained no comments from consumers, she said. Billing increases could “pile up” in spam folders or email inboxes, where customers won’t expect to receive such important information, she said. The FCC’s majority “determine[s] that your cable company can make these choices for you,” she said. Requiring cable companies send hard copy notices “is inefficient and environmentally unfriendly," Chairman Ajit Pai said. The order also eliminates rules on outdated technology and includes a further notice seeking comment on whether MVPDs also should be able to send such notices as text messages or via apps. “This flexibility will benefit the environment as well as enabling consumers to more readily access accurate information,” NCTA said. "It is the way today's consumers want to interact with their cable providers and the way their providers prefer to communicate,” the American Cable Association said.

Allowing U.S. nonfederal receivers to use Galileo global navigation satellite system signals points to an "uncomfortable truth" -- that U.S devices already integrate signals from foreign GNSS systems like Russia's GLONASS, but no one has a picture of what security issues that raises, Rosenworcel said. Commissioners approved the order 4-0 (see here). Carr said the Galileo signals could help boost industries like agriculture and improve public safety. Asked about possible approval of other GNSS signals like GLONASS in the future, Sullivan said Galileo was "a very unique case," since it was designed to be frequency compatible with GPS, and a similar process wasn't followed for GLONASS and other GNSS systems.

Commissioners unanimously approved an NPRM seeking comment on expanding earth station in motion rules to cover NGSO fixed satellite service), and an NPRM simplifying the Part 25 license process for NGSOs. The Part 25 rules NPRM proposes to create an optional unified license for space stations and earth stations operating in a geostationary, fixed-satellite service network, said the agency and commissioners. The unified license would "eliminate redundancies in the two separate licensing processes" and "ultimately result in faster deployment of services to consumers," said Pai. The change would "reduce paperwork and costs, not only for satellite operators, but also for the Commission," said O'Rielly: "For those earth stations that will operate in bands shared by terrestrial users, such as our spectrum frontiers licenses, operators will be able to file a coordination filing instead of a full-fledged application." The NPRM seeks comment on other proposals, including to eliminate certain satellite annual reporting requirements and to align the buildout periods for some earth stations with accompanying buildout periods for their communicating satellites. O'Rielly called the annual reporting "worthless." Overall, the FCC would "cut red tape," Carr said. "Good work," said Rosenworcel.

The collection of space activities at Thursday's meeting "strikes the right balance between empowering the next generation of satellite services, providing for the safety of people and properties in space, and ensuring that millions of consumers can continue to rely on existing satellite services," AT&T said.

Pai appeared to put to rest rumors he may soon leave the FCC. “I fully plan and expect to serve as the chairman of the Federal Communications Commission for the next two years,” he told reporters in answer to a question after the meeting.

Commissioners offered mixed views on FCC and industry efforts to address outages from hurricanes and other natural disasters, responding to reporter questions after the meeting. Pai noted his call to examine and improve wireless network resiliency after disruptions caused by Hurricane Michael, particularly in the Florida Panhandle. He noted electric utility crews seeking to restore power sometimes inadvertently cut fiber lines, but is "heartened" that coordination improved among some telecom and power providers during the recovery. Carr said networks held up pretty well during the storm but fiber cuts took their toll afterward, with industry discussions leading to fewer cuts over time. O'Rielly understood the urgency of restoring power, while lamenting "needless" fiber cuts, and said the FCC should partner with others, including the Federal Energy Regulatory Commission, on solutions. Rosenworcel said the FCC needs to issue timely reports after major communications disruptions and start a wireless network resiliency rulemaking that considers all options.

Pai and O'Rielly praised the Government Spectrum Valuation Act of Sens. Mike Lee, R-Utah, and Ed Markey, D-Mass. (see 1811140057). Pai called it a "step in the right direction," conceptually, though he hadn't yet studied the details. O'Rielly appreciates the bill would require a market price be put on federal spectrum holdings.

Rosenworcel knocked presidential directives to develop a national spectrum policy and rescind Obama administration spectrum memos (see 1810250018). While other countries are racing ahead with 5G efforts, "we're headed to study hall," she said, answering a question post-meeting. "We are not in a leading position, and slowing down and spending another 270 days to get our spectrum strategy straight is not going to help us lead. I’m afraid it’s going to make us fall further behind.”