Over the last few years the U.S. Federal Communications Commission (FCC) has streamlined its rules in order to expedite the process of authorizing the operation of satellites in the United States. The review process for a satellite application used to take two to three years but now can take as little as a year.
The Bifurcated Review Approach
The FCC places incoming satellite applications in a queue and then classifies them as either geosynchronous orbit (GSO) and non-geosynchronous orbit (NGSO) satellites. GSO applications are reviewed on a “first-come, first-served” basis, while NGSO applications are reviewed in groups for a given frequency band.
GSO Applications
Applications for GSO satellites are reviewed on a first-come, first-serve basis. When someone files an application, the FCC places this application, known as the lead application, on public notice and invites comment. Subsequently filed, mutually exclusive applications are included in the queue according to their filing date and time. If for any reason the FCC cannot grant the lead application, it will dismiss it and begin review of the next application in the queue. This process continues until an application is granted.
The winner receives authorization to operate on the entire requested frequency band(s), and because GSO satellites are spaced 2 degrees apart, it is possible to obtain authorization for an entire band as the satellite orbital separation allows for frequency reuse.
NGSO Applications
Applications for NGSO satellites are reviewed in groups for a given frequency band. The review process starts when someone files an application to use spectrum. At this point, the FCC issues a public notice inviting comment and establishing a cut-off date for additional applications to be considered together with the lead application.
Once the cutoff date passes and all applications are reviewed, the FCC dismisses unacceptable applications such as when the application does not demonstrate that the applicant is qualified to operate a satellite system. After the short list of successful applications is complete, the spectrum is divided equally among those applicants.
NGSO satellites communicate primarily with omnidirectional ground antennas, therefore, it is not possible to reuse frequency bands as is the case with GSO satellites where directional ground antennas can point to a single satellite. For this reason, dividing spectrum equally among the qualified NGSO applicants seems to be the most equitable solution. Keep in mind that it is possible for the parties to negotiate their bandwidth assignments before the final licenses are granted, and even to purchase spectrum rights from one another after the licenses are granted.
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