The FCC continued its push to deregulate and open up new spectrum with two major decisions on Wednesday — exempting space activities from certain federal environmental regulations and opening up 1,000 megahertz of spectrum.
The FCC voted to modernize its approach to National Environmental Policy Act (NEPA) regulations, including clarifying space-based operations including launch, deploymentment, and operating spacecraft are not classified as major federal actions requiring NEPA review. It also clarifies that spectrum authorizations and sites like satellite Earth stations also are not major federal actions.
“In taking this approach, we avoid constraining American innovation, commerce, and U.S. leadership in space by applying NEPA’s terrestrial regulatory regime to this orbital domain,” FCC Commissioner Olivia Trusty said during the FCC meeting.
“To be clear, this clarification does not create a regulatory vacuum for space operations or diminish U.S. treaty obligations. U.S. licensed operators remain subject to requirements addressing orbital debris and space safety, where, among other things, collision mitigation and congestion issues can be addressed,” Trusty added.
FCC Chairman Brendan Carr said in his statement that the intent of these changes is to speed up wireless and broadband deployment and remove the “unpredictable specter of activist lawsuits or last-minute surprises” from next-generation space development like direct-to-device systems and orbital data centers.
Launch activities are still subject to NEPA review by the Federal Aviation Administration (FAA), which regulates space launch, notes Mary Guenther, head Space Policy at the Progressive Policy Institute, in a policy brief on the issue. “Repeating that analysis at the FCC would be duplicative and wasteful. It is also worth noting that the vast majority of analyses by the FAA result in findings of no significant impact,” Guenther said.
Satellite operators AST SpaceMobile, Globalstar, Iridium, Ligado, Planet, SES, Spire, and Telesat jointly asked the FCC last year to exempt satellite operations from NEPA because space activities are “inherently extraterritorial,” arguing that the FCC’s rules and policies address environmental issues without an additional regulatory regime.
A number of companies with space activities and groups issued statements in support of the FCC’s action on NEPA including Amazon, SpaceX, Apex Space, and the Commercial Space Federation.
More Spectrum for Satellite
Separately, the FCC also voted Wednesday to free up more than 1,000 megahertz of spectrum in the 12.7 and 42 GHz bands, which the FCC said will bring capacity for residential satellite broadband, in-flight and on-ship connectivity, and traffic-routing functions in satellite ground networks. The proceeding kicked off more than a year ago in the FCC’s “spectrum abundance” agenda.
According to the public draft of the order, it adopts a bi-directional frequency-use plan in the 12.7 GHz band, permitting fixed-satellite service (FSS) operations in both uplink and downlink. In the 42 GHz band, it takes a “light licensing” approach to allow intensive use of the 42 GHz band by satellite communications.
“To support innovation and respond to user demand, we make the decision to expand use of the 12.7 gigahertz and 42 gigahertz bands for satellite communications,” FCC Commissioner Anna Gomez said in Wednesday remarks. “It is sensible spectrum management to expand spectrum access in two bands as our country increasingly uses space-based connectivity.”
Carr said this decision to free up spectrum will further improve satellite broadband service.
“Making next-gen satellite broadband faster and more reliable will not only benefit current subscribers but also enhance competition for all consumers,” Carr said. “Beyond this boost for in-home satellite broadband, today’s action could bolster spectrum access for Earth stations in motion (ESIMs) and bring better connectivity to everything from drones and ships to planes and vehicles.”
The Satellite Industry Association (SIA) applauded the decision to free up spectrum for satellite broadband, mobility connectivity and satellite network operations. “Expanding access to spectrum for satellite services is essential to advancing U.S. innovation, strengthening technological competitiveness, and maintaining America’s leadership in the rapidly growing global space economy,” SIA President Tom Stroup said in a statement.
The FCC is looking to free up even more spectrum, also issuing a notice of proposed rulemaking on Wednesday related to 1,450 MHz of spectrum in Ku- and Ka-bands; spectrum in D-band; and additional spectrum for novel space activities.
