ISAM Companies Push FCC to Move on Spectrum, Licensing Rules

Having heard the spectrum and regulatory needs of in-space servicing, assembly and manufacturing companies, the FCC now needs to move quickly on an NPRM to address them, ISAM operators said in docket 22-271 reply comments Tuesday. The commission received comments last month in its notice of inquiry about ways to aid nascent ISAM operations (see 2211010025). NTIA said it and federal agencies "support and commend" FCC efforts toward ensuring ISAM industry activities have access to spectrum and helping drive ISAM growth.

The close of the NOI should mean the FCC will move expeditiously to an NPRM on regulatory reforms aimed at facilitating and authorizing ISAM activities, Astroscale said. It suggested such incentives as reduced licensing fees for satellites that adopt ISAM technology and requiring good-faith coordination between satellite and ISAM operators. Insurance is a particularly big ISAM industry burden, and the FCC and other agencies could help by supporting talks on appropriate indemnity caps for in-space operations, it said.

The record clearly shows a need for an ISAM spectrum allocation, said Rogue Space Systems, echoing support for an ISAM NPRM and pushing for creating an ISAM-specific licensing regime. It urged the FCC to give guidance on the "often-opaque process" of applying for access to federal spectrum bands and coordinating with federal spectrum users.

Spaceflight urged the FCC to move directly to an NPRM on licensing and spectrum. The complicated issues raised in the NOI "should not slow down the very practical needs of active applicants," it said. At least for now, the agency needs to establish how to best facilitate ISAM use of frequencies when there are currently no ISAM-specific assigned frequencies, but longer term it needs to look at ISAM allocations, it said.

Some low earth orbit satellite operators urged caution. The FCC's next step should be more study of ISAM capabilities and applications, said Amazon's Kuiper, saying the commission should eschew mandating use of specific technologies for active debris removal (ADR). The FCC should study ISAM spectrum needs with an eye to balancing those with the needs of incumbent users, it said. SpaceX said there's a need for spectrum allocations for ISAM use, but naming specific bands now might be premature and could "inadvertently and prematurely limit [ISAM] development and innovation."

Noting space sustainability needs, Iridium said the FCC can promote the ISAM industry and space economy via orbital debris mitigation policies and requirements on satellite operations. Defending FCC authority to regulate ISAM issues outside spectrum use, Viasat said the Communications Act gives it reach beyond spectrum use in space, to the construction and operation of physical facilities facilitating that use.

"ISAM can succeed" with an improved FCC licensing framework under its Part 25 rules, "unimpeded access" to the S and X bands and unlicensed and inter-satellite link spectrum, and coordination among federal agencies to avoid duplicative rules, Orbit Fab said.