SpaceX, Wireless Interests Oppose SIA Part 25 Rules Recon

SpaceX joined wireless interests in opposing a Satellite Industry Association petition for reconsideration of the FCC Part 25 satellite rules order adopted 5-0 last year (see 2011180043), in docket 18-314 comments posted through Friday. Amazon pushed back on SpaceX's recon petition. SpaceX said the FCC's extending time for deployment of earth stations incentivizes spectrum warehousing. It said axing the earth station re-coordination requirement in upper-microwave flexible use spectrum (UMFUS) as SIA seeks "would simply exacerbate that problem by removing the only meaningful check on speculative applications." Verizon said re-coordination is needed or earth station operators could essentially create a protection zone that precludes UMFUS operations unless the UMFUS facility is operational at coordination time. It said the FCC reversing the re-coordination rule would let earth station operators reserve spectrum in an area for several years, although they could ultimately decide not to build the earth station. CTIA said SIA's proposed clarifications would unnecessarily burden UMFUS licensees. It said if the FCC makes any changes, dump the earth station buildout time frame extension. Backing the SIA recon petition, Hughes said the required re-coordination for earth stations in the UMFUS bands "means that a satellite operator does not really have the rights that its authorization appears to confer." Re-coordination "creates an unacceptable choice" between the potential for significant changes to facilities that could cost millions or accepting secondary status, it said. Amazon's Kuiper urged dismissal of SpaceX's recon petition regarding the earth station buildout extension as procedurally deficient. It said SpaceX argued that letting a non-geostationary operator (NGSO) apply for sites years in advance of construction would lead to stockpiling locations, but the FCC "was correctly agnostic" on approaches systems could take. The FCC reversing itself would stop NGSO operators from designing their entire systems including ground infrastructure, "grossly favoring those who sped ahead" with deployments even if the system design isn't complete, it said. Telesat said as long as the FCC focuses on the number of earth stations involved rather than the orbital characteristics of the associated satellites such as whether they're NGSO or geostationary, it doesn't object to SpaceX's suggested limit on the number of unbuilt earth stations covered by the extended construction periods the FCC adopted.