FCC Grants SpaceX Permission to Connect Planes, Boats and Other Vehicles to Starlink Internet Service

The Federal Communications Commission granted the applications SpaceX Services to operate consumer and enterprise Ku-band Earth Stations in Motion (ESIM) and the application of Kepler Communications to operate unlimited Ku-band Earth Stations on Vessels (ESVs) in the territorial waters of the United States and aboard US-registered vessels throughout international waters worldwide. Both SpaceX and Kepler propose to use the 14.0-14.5 GHz band to transmit (Earth-to-space), and the 10.7-12.7 GHz band, including 12.2-12.7 GHz (generally known as the 12 GHz band), to receive (space-to-Earth). The grants are subject to a number of conditions some of which are related to the ongoing 12 GHz rulemaking proceeding. The FCC denied the Petitions to Deny or Defer in Part filed by RS Access in the two SpaceX and the Kepler proceedings, the Petitions to Deny or Hold in Abeyance filed by ViaSat in both SpaceX license proceedings, the DISH Network Corporation Petition to Deny Waiver Request filed in opposition to SpaceX’s enterprise application, and the DISH Petition to Deny in Part filed against the Kepler application. SpaceX and Kepler’s use of Ku-band frequencies is subject to the following requirements and conditions:

1. These authorizations are granted on a non-interference protected (NIP), i.e., unprotected, basis with respect to terrestrial fixed operations in 10.7-11.7 GHz band.
2. Operations in the 10.7-11.7 GHz (space-to-Earth) band are authorized up to the applicable power flux-density limits in 47 CFR § 25.208(b), and up to the equivalent power flux-density limits of Article 22 of the ITU Radio Regulations, as well as Resolution 76 (Rev. WRC-15) of the ITU Radio Regulations.
3. In the 10.7-11.7 GHz (space-to-Earth) band, operations must be coordinated with the radio astronomy observatories listed in 47 CFR § 2.106, n.US131, to achieve a mutually acceptable agreement regarding the protection of the radio telescope facilities operating in the 10.6-10.7 GHz band. For the purposes of coordination with these listed facilities or the National Radio Quiet Zone, correspondence should be directed to the National Science Foundation Spectrum Management Unit (Email: esm@nsf.gov).
4. Operations in the 11.7-12.2 GHz (space-to-Earth) frequency band are authorized up to the power flux-density limits in Article 21 of the ITU Radio Regulations, and up to the equivalent power fluxdensity limits of Article 22 of the ITU Radio Regulations, as well as Resolution 76 (Rev. WRC-15) of the ITU Radio Regulations.
5. These authorizations are granted on non-interference protected (NIP), i.e., unprotected, basis for operations in the 12.2-12.7 GHz frequency band in the United States. The ESIM operations of SpaceX and Kepler must accept any interference received from both current and future services authorized in the band – even if such interference causes undesirable operations -- and must not cause harmful interference to any authorized service, whether licensed or not. SpaceX and Kepler are required to disclose to their customers that their ESIM service is being provided under these conditions so that their customers understand that there is no expectation of interference protection. SpaceX and Kepler must disclose the unprotected status of their ESIM offering on their websites, promotional literature, and other means of consumer notifications, including retail locations, online platforms, and telemarketing calls.
6. Reception of downlink transmissions by SpaceX’s earth stations in motion and Kepler’s earth stations on vessels is limited to the operations requested in these applications only.
7. To the extent that any end-user terminals is capable of operating, e.g., receiving, in the 12.2-12.7 GHz band, such terminals must also be capable of such operation in 10.7-12.2 GHz band. Terminals capable of operating in 10.7-12.2 GHz band are not required to be capable of operating in the 12.2- 12.7 GHz band.
8. These authorizations are subject to modification to bring them into conformance with any future court ruling and with any rules or policies adopted by the Commission in the future, including in WT Docket No. 20-443, Expanding Flexible Use of the 12.2-12.7 GHz Band, and with respect to the outcome of pending petitions for reconsideration in the third SpaceX modification proceeding, FCC 21-48, IBFS File No. SAT-MOD-20200417-00037, and IBFS File Nos. SAT-LOA-20200526-00055 and SAT-AMD-20210818-00105. Accordingly, any investments made toward operations in the bands authorized in this order by SpaceX and Kepler assume the risk that operations may be subject to additional conditions or requirements or even cessation of operation as a result of any future court ruling or Commission actions.
9. Operations in the 14.0-14.5 GHz (Earth-to-space) band are authorized up to the equivalent powerflux density limits of Article 22 of the ITU Radio Regulations.
10. Operations: (a) in the band 14.0-14.2 GHz, within 125 kilometers (for ESVs and VMESs) or within radio line-of-sight (for ESAAs) of the National Aeronautics and Space Administration (NASA) Tracking and Data Relay Satellite System (TDRSS) earth stations are subject to prior coordination with the National Telecommunications and Information Administration (NTIA) in order to minimize harmful interference; and (b) in the band 14.47-14.5 GHz, in the vicinity (for ESVs and VMESs) or within radio line-of-sight (for ESAAs) of the National Science Foundation radio astronomy stations are subject to coordination with NTIA in order to minimize harmful interference.
11. In the 14.47-14.5 GHz band, operations are subject to footnote US342 to the U.S. Table of Frequency Allocations, 47 CFR § 2.106, fn. US342, and all practicable steps must be taken to protect the radio astronomy service from harmful interference.
12. Communications with ESIMs in the 11.7-12.2 GHz (space-to-Earth) and 14.0-14.5 GHz (Earthto-space) bands may not cause unacceptable interference to, or claim protection from, geostationary satellite networks.
13. SpaceX’s ESAA transmissions in the 14.0-14.5 GHz band from international airspace within lineof-sight of the territory of a foreign administration, where fixed service networks have primary allocation in this band, will be limited to a maximum power flux-density produced at the surface of the Earth by emissions from a single aircraft to not exceed the values provided in Section 25.228(i) of the Commission’s rules, unless the foreign administration has imposed other conditions for protecting its fixed service stations.
14. SpaceX’s ESIMs must operate in accordance with the minimum elevation angles specified in SpaceX’s space station license.
15. All existing transmitting facilities, operations and devices regulated by the Commission must be in compliance with the Commission's radiofrequency (RF) exposure guidelines, pursuant to Section 1.1307(b)(1) through (b)(3) of the Commission's rules, or if not in compliance, file an Environmental Assessment (EA) as specified in section 1.1311. See 47 CFR § 1.1307 (b)(5). SpaceX and Kepler shall take all necessary measures to ensure that the earth stations do not create potential exposure of humans to radiofrequency radiation in excess of the FCC exposure limits defined in 47 CFR §§ 1.1307(b) and 1.1310 wherever such exposures might occur. Measures must be taken to ensure compliance with limits for both occupational controlled exposure and for general population/uncontrolled exposure, as defined in these rule sections. Requirements for restrictions can be determined by predictions based on calculations, modeling or by field measurements. The FCC's requirements (available online at https://www.fcc.gov/general/oet-bulletins-line) provide information on predicting exposure levels and on methods for ensuring compliance.
16. Kepler’s earth stations on maritime vessels must not transmit at elevation angles less than ten degrees, measured from the horizontal plane to the direction of maximum radiation.
17. The earth stations on maritime vessels authorized herein must be monitored and controlled by a ground-based network control and monitoring center (NCMC). Such stations must be able to receive “enable transmission” and “disable transmission” commands from the NCMC and must cease transmission immediately after receiving a “parameter change” command until receiving an “enable transmission” command from the NCMC. The NCMC must monitor operation of each earth station to determine if it is malfunctioning, and each earth station on a maritime vessel must self-monitor and automatically cease transmission within 100 milliseconds on detecting an operational fault that could cause harmful interference.
18. SpaceX’s and Kepler’s ground-based NCMC or equivalent facility must be located in the United States, except that earth stations on U.S.-registered vessels may operate under control of a NCMC location outside the United States provided SpaceX and Kepler maintain a point of contact within the United States that will have the capability and authority to cause an earth station on a U.S.-registered vessel to cease transmitting if necessary.
19. SpaceX and Kepler must maintain a U.S. point of contact available 24 hours per day, seven days per week, with the authority and ability to terminate operations authorized herein.
20. When communicating with earth stations on maritime vessels of foreign registry, the NCMC must maintain detailed information on each such vessel's country of registry and a point of contact for the relevant administration responsible for licensing those earth stations on maritime vessels.
21. Transmissions between the earth stations under call sign E210416 and Kepler’s NGSO space stations must comply with existing and future coordination agreements reached between Canada and other Administrations, including Canada and the United States
22. Operations outside the United States must also ensure compliance with the applicable laws, regulations, and licensing procedures of other countries, including, as appropriate regulations concerning operations from national or adjacent airspace, and territorial or adjacent waters, as well as with the conditions of this authorization.
23. Authority is granted to operate stations by remote control provided that the operator is responsible for ensuring the operations are in accordance with the terms and conditions of the license and pursuant to section 25.271 of the Commission's rules.