Reps Matsui and Guthrie Urge FCC to Update Satellite Rules

Given rapid advancements in the American space sector, we appreciate the Federal Communications Commission (FCC) raising questions about how to update its satellite rules to ensure they keep pace with innovation. With recent efforts by Congress and the FCC’s notice of proposed rulemaking (NPRM), we have an opportunity to continue American leadership in a competitive global satellite marketplace. We encourage you to work with Congress to update the FCC’s rules and authorities to support new entrants and to increase competition and consumer choice while protecting the operations and significant investments of existing operators.

There have been significant developments in satellite technology that have the potential to provide broadband to consumers with higher speeds and lower latencies. As newer, larger non-geostationary satellite orbit fixed-satellite service (NGSO FSS) systems are deployed, technical coordination between system operators will be a requisite component of sustaining successful coexistence. The Commission’s existing rules require NGSO FSS operators to coordinate in good faith, but we believe that additional coordination guidance would be productive. Good faith coordination should include meaningful, continuous, and flexible requirements to ensure the appropriate flow of technical information needed to achieve cooperation, and apply them among all NGSO FSS grantees, including those authorized through different processing rounds. In addition to new coordination requirements, structural reforms to spectrum access rights and efforts to increase spectral efficiency, coupled with process reforms could support a more dynamic satellite environment. While protections for earlier-round systems are critical to provide certainty for significant financial investments, it is important that they do not hinder innovation or untenably favor particular system operators. Certain protections may also disincentivize ongoing coordination between operators, which is increasingly necessary as demand for spectrum increases. So too will unclear or unbalanced rules governing the level of interference protection afforded to earlier-round licensees, which should balance the goals of new entry with the investment-backed expectations of existing NGSO FSS operators. Sunsetting protections for earlier-round systems from later-round systems after a reasonable period of time would encourage innovation, meaningful coordination, more efficient use of spectrum, and help prevent the creation of entrenched incumbents. The Commission should also sunset more protections, especially those for outdated technologies, in order to encourage continuous innovation and spectrum efficiency.