Intelsat argues it can operate its Intelsat 30 and 31 satellites on combinations of ITU filings without informing the FCC, but it acted differently when seeking FCC authorizations for other satellites by including ITU filing information in operational specifications of the license applications, Spectrum Five said in a docket 20-399 filing Monday. It said Intelsat gave no explanation for its supposed changes in understanding FCC and ITU rules between getting FCC authorization to use foreign and ITU filings for some, but not for 30 and 31. It said Intelsat's argument it doesn't need U.S. market access approval for the 30 and 31 transponders, which use a New Guinea filing to broadcast in the U.S., can't be reconciled with its conduct in other licensing proceedings and is incorrect. Spectrum Five seeks revocation of the Intelsat 30 and 31 satellite licenses (see 2012010057). Intelsat didn't comment.
The Communications Act explicitly excludes government entities, nonprofits, amateur operators and noncommercial broadcasters from FCC regulatory fees, and foreign-flagged satellites orbit outside those exceptions, the U.S. Court of Appeals for the D.C. Circuit said Friday. It rejected a petition by several satellite operators challenging regulatory fees approved in 2020. In a docket 20-1234 opinion, Judges David Tatel, Laurence Silberman and David Sentelle said the conference report on the act's 1993 update, which the petitioners relied heavily on in their argument, could also be read to support the FCC policy determination. They also rejected arguments by Telesat, Eutelsat, Kineis, Hiber and Inmarsat that Ray Baum's Act ratified previous FCC policy rejecting such regulatory fees. Silberman penned the decision. Outside counsel for the petitioners didn't comment. Oral argument was in April (see 2104160021).
Hispamar wants FCC OK to use the 12.75-13.25,10.7-10.95 and 11.2-11.45 GHz bands on its Amazonas-2 satellite to provide service to the U.S., it said in an International Bureau petition Thursday.
The "complex economic, engineering, and policy issues" raised in the 12 GHz proceeding warrant a 30-day extension of the reply deadline, to July 7, the FCC Wireless Bureau said in a docket 20-443 order Thursday. The bureau rejected arguments by satellite operators that RS Access and Dish Network filed their submissions belatedly to limit others' ability to review and reply (see 2105250066).
Viasat never raised environmental concerns in the past, including SpaceX's original authorization to operate its satellites, but its “newfound environmentalism has grown in correlation with its fear of competition,” SpaceX told the FCC International Bureau Friday in opposition to Viasat's requested stay of SpaceX's license modification granted in April (see 2105240005). It said FCC's “methodical, issue-by-issue treatment of Viasat’s unprecedented, overbroad, and thinly-supported” National Environmental Policy Act arguments isn't likely to be overturned in court. It said Viasat hasn't shown how it would suffer irreparable harm absent a stay. Viasat didn't comment Tuesday.
The FCC wants comments in opposition by June 28, replies July 19, in docket 21-231 on Viasat's application for review of its participation in the Rural Digital Opportunity Fund Phase I auction (see 2105270064), said Tuesday's Daily Digest.
The C-band relocation payment clearinghouse creates "unnecessary and onerous barriers" to timely reimbursement of costs not contemplated in the FCC C-band order, SES and Intelsat representatives told Wireless Bureau and Office of General Counsel staff, per a docket 18-122 post Friday. They said the handbook released in April indicates the clearinghouse will make lowest cost the priority for purchase decisions for relocation. They said cost shouldn't carry special weight, and issues like timing and equipment availability also need to be taken into account. The companies said satellite operators being reimbursed only after proof of payment and equipment installation is "untenable" for fixed milestone payments for satellites, and the handbook's review process "is inefficient and burdensome."
Hughes and SES/O3b petitioned for FCC changes to April's SpaceX license modification (see 2104260044). The FCC should have imposed conditions to stop SpaceX from evading equivalent power flux density (EPFD) limits through multiple ITU filings, Hughes told the International Bureau Thursday in a petition for reconsideration. It said the commission should require any favorable or "qualified favorable" finding SpaceX gets from the ITU should say the effect of multiple ITU filings for the SpaceX constellation was considered when verifying EPFD compliance. SES/O3b urged the application to be treated as part of the non-geostationary orbit satellite processing round that closed in May 2020, or "at least adopt more even-handed and comprehensive conditions to protect O3b’s U.S. operations from disruption," such as requiring SpaceX accept any additional interference from the license mod with O3b's network. It said the FCC should require SpaceX to include in biannual reports the total of satellites in orbit and the agency should reconsider the threshold of three satellite disposal failures in a year as enough to trigger consideration of more license conditions. SpaceX didn't comment Friday. Viasat seeks a stay (see 2105240005).
The FCC Office of Economics and Analytics adopted a docket 21-231 protective order Tuesday on Viasat's application for review of its participation in the Rural Digital Opportunity Fund Phase I auction (see 2104090039).
Twelve Swarm satellites are expected to launch June 24 on a SpaceX rocket, Swarm told the FCC International Bureau Monday.