Space Innovation; Facilitating Capabilities for In-Space Servicing, Assembly, and Manufacturing, 18875-18887 [2024-05389]
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18875
(3) CUR/powered air-purifying mode
performance requirements:
NFPA 1987
section
NFPA 1987 performance requirements
(i) PAPR Airflow Performance .................................................................................................................................................................
(ii) PAPR Silica Dust Loading Performance ............................................................................................................................................
(iii) Airflow Resistance Performance in Breath-Responsive, Powered Air-Purifying Respirators ...........................................................
(iv) PAPR Performance with the Blower Off ...........................................................................................................................................
7.3.1
7.3.2
7.3.3
7.3.4
(4) CUR/air-purifying mode
performance requirements:
NFPA 1987
section
NFPA 1987 performance requirements
(i) Breathing Resistance ..........................................................................................................................................................................
(ii) Hydration Leakage .............................................................................................................................................................................
(iii) Canister Test Challenge and Test Breakthrough Concentrations ....................................................................................................
(iv) Particulate/Aerosol Canister ..............................................................................................................................................................
(v) Low-Temperature/Fogging .................................................................................................................................................................
(vi) ESLI Drop Test for Canisters ............................................................................................................................................................
(vii) ESLI Test for Canisters ....................................................................................................................................................................
(b) To the extent there is a conflict
between the terms or provisions of
NFPA 1987 and this part, the provisions
of this part control.
§ 84.402 General construction and
approval requirements.
(a) Each CUR must meet the minimum
construction requirements set forth in
subpart G of this part.
(b) Applications for NFPA 1987
certification must be submitted to a
conformity assessment body accredited
to ISO/IEC 17065, Conformity
Assessment—Requirements for Bodies
Certifying Products, Processes and
Services, at the same time the CUR
approval application is submitted to
NIOSH. NIOSH approval is contingent
upon and will be issued in conjunction
with NFPA 1987 certification.
Xavier Becerra,
Secretary, Department of Health and Human
Services.
[FR Doc. 2024–03849 Filed 3–14–24; 8:45 am]
BILLING CODE 4163–18–P
FEDERAL COMMUNICATIONS
COMMISSION
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47 CFR Part 25
[IB Docket Nos. 22–271, 22–272; FCC 24–
21; FR ID 207048]
Space Innovation; Facilitating
Capabilities for In-Space Servicing,
Assembly, and Manufacturing
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
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In this document, the Federal
Communications Commission (FCC or
Commission) adopted a Notice of
Proposed Rulemaking that seeks
comment on a proposed new framework
for licensing space stations engaged in
in-space servicing, assembly, and
manufacturing (ISAM).
DATES: Comments are due on or before
April 29, 2024. Reply comments are due
on or before May 29, 2024.
ADDRESSES: You may submit comments,
identified by IB Docket Nos. 22–271 and
22–272, by any of the following
methods:
• Electronic Filers. Comments may be
filed electronically using the internet by
accessing the ECFS, https://apps.fcc.gov/
ecfs.
• Paper Filers. Parties who choose to
file by paper must file an original and
one copy of each filing.
• Filings can be sent by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701.
• U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 45 L Street NE,
Washington, DC 20554.
• Effective March 19, 2020, and until
further notice, the Commission no
longer accepts any hand or messenger
delivered filings. This is a temporary
measure taken to help protect the health
SUMMARY:
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and safety of individuals, and to
mitigate the transmission of COVID–19.
See FCC Announces Closure of FCC
Headquarters Open Window and
Change in Hand-Delivery Policy, Public
Notice, DA 20–304 (March 19, 2020).
https://www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy.
Persons with Disabilities. To request
materials in accessible formats for
people with disabilities (braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice) or 202–
418–0432 (TTY).
FOR FURTHER INFORMATION CONTACT:
Jameyanne Fuller, Space Bureau,
Satellite Programs and Policy Division,
202–418–0945, jameyanne.fuller@
fcc.gov.
This is a
summary of the Commission’s Notice of
Proposed Rulemaking (NPRM), in IB
Docket Nos. 22–271 and 22–272; FCC
24–21, adopted February 15, 2024, and
released February 16, 2024. The full text
of this document is available at https://
docs.fcc.gov/public/attachments/FCC24-21A1.pdf.
SUPPLEMENTARY INFORMATION:
Ex Parte Presentations
The Commission will treat this
proceeding as a ‘‘permit-but-disclose’’
proceeding in accordance with the
Commission’s ex parte rules. Persons
making ex parte presentations must file
a copy of any written presentation or a
memorandum summarizing any oral
presentation within two business days
after the presentation (unless a different
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deadline applicable to the Sunshine
period applies). Persons making oral ex
parte presentations are reminded that
memoranda summarizing the
presentation must (1) list all persons
attending or otherwise participating in
the meeting at which the ex parte
presentation was made, and (2)
summarize all data presented and
arguments made during the
presentation. If the presentation
consisted in whole or in part of the
presentation of data or arguments
already reflected in the presenter’s
written comments, memoranda or other
filings in the proceeding, the presenter
may provide citations to such data or
arguments in his or her prior comments,
memoranda, or other filings (specifying
the relevant page and/or paragraph
numbers where such data or arguments
can be found) in lieu of summarizing
them in the memorandum. Documents
shown or given to Commission staff
during ex parte meetings are deemed to
be written ex parte presentations and
must be filed consistent with rule
1.1206(b). In proceedings governed by
rule 1.49(f) or for which the
Commission has made available a
method of electronic filing, written ex
parte presentations and memoranda
summarizing oral ex parte
presentations, and all attachments
thereto, must be filed through the
electronic comment filing system
available for that proceeding, and must
be filed in their native format (e.g., .doc,
.xml, .ppt, searchable .pdf). Participants
in this proceeding should familiarize
themselves with the Commission’s ex
parte rules.
Paperwork Reduction Act
The Notice of Proposed Rulemaking
contains proposed new or modified
information collection requirements.
The Commission, as part of its
continuing effort to reduce paperwork
burdens, invites the general public and
the Office of Management and Budget
(OMB) to comment on the information
collection requirements contained in
this document, as required by the
Paperwork Reduction Act of 1995
(PRA), Public Law 104–13. In addition,
pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, see 44 U.S.C. 3506(c)(4)),
the Commission seeks specific comment
on how it might further reduce the
information collection burden for small
business concerns with fewer than 25
employees.
Providing Accountability Through
Transparency Act
The Providing Accountability
Through Transparency Act, Public Law
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118–9, requires each agency, in
providing notice of a rulemaking, to
post online a brief plain-language
summary of the proposed rule. The
required summary of the Notice of
Proposed Rulemaking is available at
https://www.fcc.gov/proposedrulemakings.
Initial Regulatory Flexibility Analysis
The Regulatory Flexibility Act of
1980, as amended (RFA), requires that
an agency prepare a regulatory
flexibility analysis for notice and
comment rulemakings, unless the
agency certifies that ‘‘the rule will not,
if promulgated, have a significant
economic impact on a substantial
number of small entities.’’ The
Commission has prepared an Initial
Regulatory Flexibility Analysis (IRFA)
concerning the potential impact of the
proposed rule and policy changes
contained in the Notice of Proposed
Rulemaking. The IRFA is set forth in
Appendix B of the NPRM and a
summary is included in the Procedural
Matters section below. Written public
comments are requested on the IRFA.
Comments must be filed by the
deadlines for comments on the Notice of
Proposed Rulemaking indicated on the
DATES section of this document and
must have a separate and distinct
heading designating them as responses
to the IRFA.
Synopsis
1. In the Notice of Proposed
Rulemaking (NPRM), the Commission
seeks comment on several proposed
changes to part 25 of the Commission’s
rules to create a new framework to
license in-space servicing, assembly,
and manufacturing, or ‘‘ISAM’’ space
stations, thereby supporting the
development of these novel space
activities. Specifically, the NPRM
proposes to include a new definition of
‘‘ISAM space station’’ in § 25.103 of the
Commission’s rules drawn from the
definition in the ISAM National Strategy
and proposes a new § 25.126 to the
Commission’s rules to aggregate
requirements that all applicants for an
ISAM space station license or market
access grant must fulfill and to
enumerate the exemptions from other
portions of part 25 to which applicants
would be entitled. It also seeks
comments on whether other rule
changes might be necessary to support
the development of the ISAM industry.
Additionally, it proposes to retain the
same orbital debris mitigation
requirements for ISAM operators as for
other space station operators and
proposes to review ISAM operators’
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requests for frequency use on a case-bycase basis.
I. Introduction
2. The Commission continues its
efforts to promote United States
leadership in space by adopting the
NPRM to propose a new framework for
licensing space stations engaged in
ISAM. Space capabilities are expanding,
opening novel economic and scientific
opportunities, and providing new tools
for sustainable use of space. Effective
and efficient use of radiofrequency
communications will enable these new
capabilities and the rules proposed are
designed to facilitate and support their
growth. The NPRM reflects the input of
commenters from the Commission’s
Notice of Inquiry (NOI) on ISAM, 87 FR
56365 (September 14, 2022), which
sought comment regarding where the
industry is today, how the Commission
can best support its sustainable
development, and what tangible
economic and societal benefits may
result from these capabilities. Taking
these comments into account, the
Commission proposes to create a new
framework to license ISAM space
stations, thereby supporting the
development of these novel space
activities. As the ISAM industry
continues to develop, the Commission
envisions taking additional steps as
needed to foster innovation and growth
in this field.
II. Background
3. ISAM refers to a set of capabilities
used on-orbit, on the surface of space
objects and celestial bodies, and in
transit between these regimes. The
‘‘servicing’’ aspect of ISAM includes
activities such as the in-space
inspection, life extension, repair,
refueling, or alteration of a spacecraft
after its initial launch, which includes
but is not limited to: visually acquire,
rendezvous and/or proximity
operations, docking, berthing,
relocation, upgrading, repositioning,
undocking, unberthing, release and
departure, reuse, orbit transport and
transfer, and timely debris collection
and removal. These activities typically
include the process of maneuvering
close to and operating in the near
vicinity of the ‘‘client’’ spacecraft, a set
of activities often referred to as
rendezvous and proximity operations
(RPO). The term ‘‘servicing’’ is also used
to describe transport of a spacecraft
from one orbit to another, as well as
debris collection and removal.
‘‘Assembly’’ refers to the construction of
a space system using pre-manufactured
components, and ‘‘manufacturing’’ is
the transformation of raw or recycled
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materials into components, products, or
infrastructure in space.
4. On August 5, 2022, the Commission
adopted the ISAM NOI. It sought
comment on spectrum needs and
allocations; licensing processes in
general and specifically for satellite
servicing operations, assembly,
manufacturing, and other activities; and
international licensing considerations.
Twenty-four comments were filed by
ISAM operators, satellite operators,
industry groups, and government
agencies, ten parties filed reply
comments, and a number of parties also
submitted ex parte filings on the record.
5. Prior Actions Involving ISAM
Activities. While many commercial
ISAM activities are still at an early
stage, the Commission, in coordination
with NTIA where operations were in
frequency bands shared with the federal
government, has issued licenses for
space stations conducting several types
of ISAM activities, including the
following: licensing of SpaceLogistics,
LLC’s (SpaceLogistics) Mission
Extension Vehicle–1 (MEV–1) and
Mission Extension Vehicle–2 (MEV–2);
granting an experimental license to
SpaceIce to investigate freeze-casting, a
processing technique used to create a
wide range of materials like ceramics,
metals, polymers, and composites,
among others, in the microgravity
environment; authorizing U.S. earth
station communications to support
Astroscale Ltd.’s ELSA-d testing of
spacecraft capabilities for orbital debris
removal; and granting an experimental
license to NanoRacks LLC for
communications to demonstrate metalcutting in space.
6. Topics related to ISAM capabilities
have also been raised in other
Commission rulemaking proceedings. In
the ongoing rulemaking to update the
orbital debris rules, Mitigation of Orbital
Debris in the New Space Age, the
Commission sought comment on a
variety of rule changes, including, for
example, whether it should update rules
specifically to address RPO. The
Commission ultimately adopted a
requirement that space station
applicants disclose whether a space
station is capable of, or will be,
performing proximity operations, noting
that this disclosure would identify
situations where such operations are
planned and provide a vehicle for
further review of those operations. At
the time, the Commission noted the
evolving and developing nature of RPO
and accordingly found that adoption of
more specific technical or operational
requirements would be premature. The
Commission also sought comment on
the role of spacecraft retrieval, also
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referred to as active debris removal
(ADR), as a debris mitigation strategy in
certain circumstances and concluded
that this was also an area where it
would be premature to establish more
detailed regulations.
7. State of the ISAM Industry. The
ISAM NOI sought information on the
state of the industry for ISAM
operations. Astroscale notes that more
than 102 companies have undertaken
ISAM projects or research, that 18 of
those have either partially or fully
operational ISAM capabilities, and that
40 expect to be ready within the next 5
years. Operators describe their specific
work developing servicing spacecraft,
orbital transfer vehicles (OTVs), life
extension vehicles, end-of-life servicing
spacecraft, refueling depots, space
situational awareness spacecraft,
commercial inhabitable space stations,
lunar landers, and spacecraft
conducting science experiments and
manufacturing in microgravity. While
Aerospace Corporation (Aerospace) sees
a ‘‘chicken and egg’’ problem regarding
a lack of serviceable satellites and a lack
of servicers, it notes that SpaceLogistic’s
MEVs that operate on vehicles not
designed for servicing have significantly
reduced this barrier and finds the mix
of old and new satellites will expand
ISAM servicing opportunities and draw
in more satellite and ISAM providers.
NTIA highlights two previous
successful ISAM-related demonstrations
by the Defense Advanced Research
Projects Agency (DARPA) and NASA’s
Double Asteroid Redirection Test
(DART) to support planetary protection.
III. Discussion
A. Scope of FCC Regulations
8. The NOI queried how the FCC
could support ISAM activities, noting
that the ISAM National Strategy calls for
the U.S. domestic regulatory regime to
be updated to facilitate ISAM activities.
The Commission issues the NPRM in
line with that call, while recognizing
that the Commission, with over 50 years
of expertise in regulating satellites, is
one of several government agencies
charged with regulation and oversight of
commercial activities in space.
9. The Commission’s authority under
the Communications Act allows the
licensing of ISAM space stations under
its existing rules, including rules that
consider public interest factors. The
Commission expects to continue to rely
on the expertise of its fellow agencies as
appropriate and note that its regulations
on these issues are evolving in tandem
with other government efforts. The
Commission also recognizes that the
United States’ regulatory regime for
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achieving compliance with its
obligations under Article VI of the Outer
Space Treaty contemplates multiple
agencies authorizing and supervising
the activities of non-governmental
entities in space.
10. Planetary Protection. The NOI
discussed the issue of planetary
protection, given that some recent
ISAM-related license applications are
focused on lunar activities and beyond.
Several commenters suggest the
Commission consider working with
other agencies on planetary protection
issues instead of separately considering
or taking action in this proceeding. The
Commission plans to continue to
support other agencies’ efforts to
develop and implement planetary
protection policies. The Commission
tentatively concludes that its proposed
licensing framework for ISAM space
stations should not include independent
review and action from the Commission
on applicants’ planetary protection
plans. The Commission seeks comment
on how to ensure that applicants work
with NASA and other relevant agencies
to address planetary protection
guidance and policy considerations. The
Commission expects that various
applications might require planetary
protection considerations, such as small
spacecraft applications. The
Commission has previously ensured
that applicants work with other federal
agencies to consider planetary
protection.
B. Licensing Framework for ISAM Space
Stations
11. The NOI sought information on
the best approaches to licensing ISAM
activities. As discussed in greater detail
below, the Commission proposes to
modify its rules to create a licensing
framework specific to ISAM space
stations within its part 25 rules for
licensing commercial space stations.
The Commission also proposes to apply
its existing orbital debris mitigation
requirements to ISAM space stations
and to address the spectrum needs of
ISAM operators on a case-by-case basis.
At the same time, the Commission
proposes to maintain its part 5
experimental licensing rules as an
option for licensing ISAM space stations
not providing commercial service.
C. Licensing Rules for ISAM Space
Stations
12. Commercial Readiness of ISAM
activities. The NOI sought comment on
possible approaches for licensing
different types of ISAM operations,
including servicing, assembly,
manufacturing, and ADR. The record
demonstrates that various ISAM
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operations are developing at different
rates. Some commenters recommend
that the Commission develop rules
specific to categories of ISAM activities
that are at a high level of technological
readiness, like servicing, while adopting
broad performance-based regulations
that could apply to categories of ISAM
activities that are still developing and
could become more common in the
future, like assembly and
manufacturing. The Commission agrees
with commenters that communications
operations of certain ISAM activities
may need to be regulated differently, but
do not propose separate rules for
different types of ISAM activities at this
time. Instead, the Commission proposes
to move forward by creating a new
framework for applications for U.S.
authorizations or grants of market access
that applies broadly to space stations
associated with all activities that fit
within the proposed definition of ISAM.
Unless indicated otherwise, when the
Commission refers to the term license or
licensee in this summary and in the
Notice of Proposed Rulemaking, the
Commission also includes market access
grants or grantees. This proposed
approach will allow applicants for any
type of ISAM activity to apply for a U.S.
license or market access grant pursuant
to these new rules and will provide a
framework to support future regulations
for specific ISAM activities that may be
necessary as the industry develops. The
Commission seeks comment on whether
there are different factors of servicing,
assembly, or manufacturing activities
that necessitate specific rules or a
specific framework at this time.
13. Licensing ISAM Space Stations
Through Part 5 and Part 25.
Commenters note that ISAM remains
nascent, and it may be five to ten years
before the industry generally shifts
toward requiring part 25 licensing for
commercial space stations (rather than
part 5 licensing for experimental space
stations, which remains an important
licensing avenue for operators as ISAM
technology develops). Some
commenters suggest updating the part 5
rules ‘‘to more readily enable ISAM
operations.’’ Others caution against rule
updates to part 5, explaining that
‘‘[c]hanging the Part 5 rules would pose
an unnecessary drain on FCC resources
and take years to complete.’’ The
Commission notes that several ISAM
space stations have successfully
received experimental licenses through
the part 5 process, and therefore, it does
not propose to modify the part 5
experimental license rules at this time.
The Commission proposes to continue
to utilize both part 5 and part 25
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licensing in appropriate circumstances
to provide radiofrequency licensing to
support ISAM development. and seek
comment on this proposal.
14. Definition of ISAM Space Station.
As an initial matter, the Commission
proposes to include a definition of
‘‘ISAM space station’’ in § 25.103 of the
Commission’s rules. The Commission
proposes that operators wishing to
apply using its proposed framework for
ISAM space stations must plan to
operate space stations that fit this
definition, although space stations that
fall within the definition would not be
precluded from applying through its
regular part 25 rules or through its
existing processes for small satellites or
small spacecraft. The Commission
proposes to define ‘‘ISAM space
station’’ as follows: ‘‘A space station
that has the primary purpose of
conducting in-space servicing,
assembly, and/or manufacturing
activities used on-orbit, on the surface
of celestial bodies, and/or in transit
between these regimes. Servicing
activities include but are not limited to
in-space inspection, life-extension,
repair, refueling, alteration, and orbital
transfer of a client space object,
including collection and removal of
debris on orbit. Assembly activities
involve the construction of space
systems in space using premanufactured components.
Manufacturing activities involve the
transformation of raw or recycled
materials into components, products, or
infrastructure in space.’’ The
Commission notes that this definition is
drawn from the definition of ISAM in
the ISAM National Strategy. The
Commission seeks comment on this
proposed definition. Specifically,
should the Commission further define
‘‘primary purpose’’ and, if so, how? Are
there ISAM activities that would not be
included in this definition? Conversely,
is this definition so broad that it risks
creating confusion as to whether more
traditional space stations are included
and, if so, how should it be tightened?
15. Proposed § 25.126. In general, the
Commission proposes to require
applicants for authorization for ISAM
space stations to comply with the rules
of either its regular part 25 licensing
process or its streamlined processes for
small satellites and small spacecraft,
with some exemptions. The
Commission notes that ISAM
technologies are still nascent, and it
views its proposed approach to
regulating ISAM space stations as
iterative, developing with the
capabilities and needs of the industry.
The Commission believes licensing
ISAM space stations under its current
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rules, including rules for applications
for grants of market access and rules for
modifications to operations, and
reviewing ISAM applications on a caseby-case basis, will allow us to address
the particular needs of ISAM space
station operations of different durations
and in different orbits. The Commission
believes this proposed approach will
provide the industry with flexibility
while ISAM capabilities develop. The
Commission also believes this approach
will allow the Commission to continue
to develop a record on ISAM while
gaining more experience licensing
radiofrequency use for ISAM space
stations, allowing the Commission to be
in the best position to propose
additional rule modifications if needed
for ISAM space stations in the future.
The Commission seeks comment on this
approach.
16. The Commission proposes to
create a new § 25.126—Applications for
ISAM Space Stations—to aggregate the
requirements applicants for ISAM space
stations must fulfill and enumerate the
exemptions from the Commission’s
typical processes they are entitled to.
The Commission believes creating a
new rule section specific to ISAM space
stations will make the process
transparent for the industry, providing
applicants for authorization for ISAM
space stations one rule section that
details the application process and
clearly indicates the other rule sections
with which applicants must comply.
The Commission proposes that
applicants that fit within its proposed
definition of ‘‘ISAM space station,’’
detailed above, would be able to use the
proposed framework in § 25.126. The
Commission proposes that operators of
ISAM space stations could apply for
both U.S. authorizations and grants of
U.S. market access using the proposed
framework in this section. The
Commission seeks comment on this
general approach.
17. Specifically, the proposed new
§ 25.126 would require applicants to
submit a comprehensive proposal for
Commission evaluation on Form 312,
Main Form, and Schedule S, as
described in § 25.114(a) through (c),
consistent with the Commission’s
regular part 25 licensing and small
satellite and small spacecraft licensing
requirements. The Commission
proposes to allow ISAM space station
operators to continue to apply under the
small satellite and small spacecraft
streamlined processes, provided they
satisfy all the requirements of each
respective process. The Commission
proposes that ISAM space stations that
do not meet the criteria for the small
satellite or small spacecraft processes
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would continue to be subject to the
remaining licensing requirements for
GSO or NGSO operators under the
Commission’s regular part 25
application process and therefore would
be required to provide the information
required by its rules with their
application.
18. The Commission recognizes that
radiofrequency operations for ISAM
space stations seem more capable of
spectrum sharing than other commercial
space stations it has authorized under
its part 25 rules and generally require
shorter durations of intensive
communications operations. The
Commission therefore proposes to
exempt all applications for licenses for
space stations that fit its proposed
definition of ISAM space stations from
processing round requirements for
NGSO-like operations under § 25.157
and from first-come-first-served
requirements for GSO-like operations
under § 25.158, provided they certify
that operations of the space station(s)
will be compatible with existing
operations in the authorized frequency
bands and submit a narrative
description to demonstrate spectrum
sharing capabilities are technically
possible, and that the operations will
not materially constrain future space
station entrants from using the
authorized frequency band(s). These
proposals and exemption criteria would
be located in new § 25.126 and the
corresponding §§ 25.157 and 25.158
would be updated to reflect these
exemptions. The Commission
tentatively concludes that this licensing
framework will allow greater flexibility
for ISAM operators looking to operate as
a GSO or NGSO space station while
protecting future and incumbent
satellite operators from interference.
The Commission also proposes to
include a requirement in 25.126 for
ISAM operators to provide ICFS file
numbers or call signs for any FCCrelated applications or grants or a list of
International Telecommunications
Union (ITU) filings and United Nations
(UN) Registration information for any
related space stations not licensed or
granted market access by the United
States, which the Commission explains
in more detail below. The Commission
notes that its proposal to exempt ISAM
operators from its processing round and
first-come-first-served queue, given
relevant showings, does not modify its
obligations to coordinate authorizations
with federal operators when spectrum
shared by federal and nonfederal users
is requested. The Commission seeks
comment on these proposals. It also
seeks comment regarding whether other
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rule changes are necessary to effectuate
the proposed approaches discussed
above. Commenters should specify
which rules and explain the basis for
recommending additional revisions.
19. Surety bonds. In addition to the
exemptions that it proposes in 25.126,
the Commission also proposes to defer
the posting of surety bonds by one year
after the grant of a license for ISAM
operators. This proposal is consistent
with the Commission’s treatment of
small satellites and small spacecraft.
Spaceflight suggests that the policy
objective underlying the Commission’s
surety bond requirement is to prevent
operators from warehousing spectrum
for years while failing to follow through
on deploying their planned system, but
many ISAM operators would meet these
objectives without a bond requirement.
Spaceflight notes that ISAM space
stations are not likely to have exclusive
use of spectrum and are likely to be
licensed relatively close to launch, and
a surety bond would be excessive for
many ISAM operators and
disproportionate to the cost of
developing the space stations.
Spaceflight says these considerations
match the considerations the
Commission relied on when it decided
to implement a one-year grace period for
filing of a bond for satellites authorized
under the streamlined process for small
satellites and recommends the
Commission adopt a rule allowing
ISAM operators to demonstrate they
meet the policy objectives of the surety
bond requirement in lieu of filing a
surety bond. For operators that cannot
make such a showing, Spaceflight
suggests that the Commission allow
ISAM operators one year to file a bond
or meet milestone requirements, in line
with the rules for streamlined small
satellites and small spacecraft. Intelsat
also notes that the Commission waived
bond and milestone requirements for
SpaceLogistics’s MEV–1 servicer vehicle
because MEV–1 and Intelsat’s satellite
were treated as one for purposes of the
specific operation. While the
Commission tentatively concludes that a
one-year grace period for surety bonds
for ISAM space stations is appropriate,
it does not propose to follow
Spaceflight’s suggestion of allowing
operators to demonstrate compliance
with policy objectives of the bond
requirement. The Commission believes
this type of individualized showing can
be handled through a waiver request, as
the Commission may waive any rule for
good cause shown according to 47 CFR
1.3. Specifically, the Commission
proposes a one-year grace period, during
which ISAM space station operators
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would not have to post a bond. The
grace period would begin 30 days after
the license is granted, since this is
typically when a licensee would have to
post the surety bond. If within the oneyear grace period, the ISAM operator
satisfies the Commission’s milestone
requirement, then no bond is required.
This proposal is similar to the rules
regarding surety bond requirements for
small satellites and small spacecraft.
The Commission seeks comment on
these proposals.
20. U.S.-Licensed Servicing and Client
Operations. Starfish Space recommends
that client space stations being serviced
should not need to obtain a license
modification unless the client space
station will need to use new or
unlicensed frequencies during or
following the servicing. For U.S.licensed client space stations, the
Commission tentatively agrees with
Starfish that cases are limited where
client operators should be required to
modify authorizations, but it does not
propose to set forth specific scenarios in
which a client need not obtain a
modification. While some ISAM
activities, such as inspection or repair,
might not result in changes that
necessitate a modification, other
activities, including orbital transfer or
mission extension, could change the
client’s orbital location, which could
alter the parameters of frequency
operations and orbital debris mitigation
information that was reviewed and
authorized by the Commission. As
ISAM capabilities are still developing,
the Commission tentatively concludes it
is in the public interest to assess
whether a client space station operator
should obtain a license modification on
a case-by-case basis, rather than attempt
to lay out all possible scenarios that
would require modification. The
Commission seeks comment on this
approach.
21. To facilitate review of whether a
client space station must seek a
modification, the Commission proposes
to include a requirement in its new
proposed § 25.126 for ISAM space
station applicants to provide a list of
FCC file numbers or call signs for all
related space stations, including
experimental applications and grants
and other applications and grants under
part 25. This requirement is similar to
the requirement in the Commission’s
streamlined process for small satellites
and small spacecraft, but the
Commission proposes to expand what it
considers to be ‘‘related’’ applications
and grants in the context of ISAM
applications. It proposes that related
applications and grants would include
not only space stations operated by the
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same operator, but could also include
client space stations, space stations that
have become debris the applicant seeks
to remediate, and other space stations
the applicant plans to interact with or
collaborate with as part of its
operations. The Commission proposes
to require this information from all
applicants that fit within its proposed
definition of ISAM space stations,
whether the operator is applying under
the Commission’s regular part 25
process or its streamlined processes
under §§ 25.122 and 25.123. The
Commission seeks comment on this
proposal.
22. International Servicing and Client
Operations. The NOI asked a number of
questions regarding how to license
ISAM space stations that may plan to
interact with a non-U.S.-licensed space
station. When considering U.S.-licensed
space stations interacting with non-U.S.
client space stations, Blue Origin asserts
that the Commission should only seek
the name of the client space station, its
licensing administration, and associated
ITU filings because the client is not
seeking U.S. market access and so there
should be no spectrum management
concerns to address. Despite this
suggestion, the Commission tentatively
concludes that spectrum management
may be implicated in certain cases when
U.S.-licensed space stations interact
with or service non-U.S. licensed space
stations, given that there may be a wide
range of factual scenarios, including
servicing for the purpose of altering the
location at which a client spacecraft
operates or altering other technical
characteristics of operations. The
Commission also believes sufficient
information concerning the proposed
operations must be available to ensure
that an authorization is in the public
interest. For example, a servicing
mission that contemplates facilitating
client space station operations
fundamentally inconsistent with U.S.
interests, such as operations that might
interfere with other U.S. satellites,
should be identified in the authorization
process. Likewise, the Commission does
not propose to presume that client space
station operators are in possession of a
license, as Starfish suggests. That
approach might, for example, result in
the servicing mission facilitating an
activity by the client satellite that has
not been authorized by the
administration to which it is subject.
Therefore, for client space stations
licensed outside of the United States,
both with or without U.S. market access
grants, the Commission proposes to
require that the license applicant
provide the client’s ITU filings and UN
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registration information, as well as a
discussion of regulatory requirements to
which the client satellite and its
operators are subject, and the status of
any regulatory approvals required for
the client satellite’s participation in the
servicing activity. This baseline
information may also facilitate any
necessary coordination with other U.S.
government agencies, such as the State
Department. The Commission proposes
to require this information in its
proposed new rules for applications for
ISAM space stations to be located in
§ 25.126. The Commission seeks
comment on these proposals.
23. International Coordination.
Aerospace argues that it would be
impractical and unreasonable to require
an operator to undergo the ITU’s sevenyear coordination process for
frequencies it will use to service a single
satellite and will not use once it moves
away from that satellite. Aerospace
suggests that notifying the
Radiocommunications Bureau at the
ITU of a commercial ISAM mission
would be a prudent alternative and
coordination could be accomplished for
TT&C operations used throughout the
life of an ISAM space station. The
Commission recognizes the current ITU
process poses challenges to ISAM
operators, but the ITU Radio
Regulations are a treaty by which the
United States is bound, and the
Commission cannot unilaterally modify
what activities and frequencies need to
be coordinated with the ITU through a
rulemaking process. The Commission
therefore proposes not to accept
Aerospace’s suggestion that it simply
notify the Radiocommunications Bureau
at the ITU of a commercial ISAM
mission instead of coordinating in
accordance with ITU Radio Regulations.
But the Commission does propose, as
part of ongoing work on ISAM activities,
to continue to coordinate with other
federal agencies, including the State
Department, to support international
servicer-client arrangements. The
Commission seeks comment on these
proposals.
D. Orbital Debris Mitigation and ISAM
Space Stations
24. The NOI sought comment on
orbital debris mitigation concerns
specific to ISAM activities in general.
Specifically, the Commission sought
comment on how ISAM activities might
not fit into its current orbital debris
mitigation requirements, for example by
storing fuel on-orbit rather than using or
depleting fuel (refueling depots), or by
creating debris as byproducts of
servicing or manufacturing activities,
and how the Commission might modify
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its current orbital debris mitigation
requirements to account for the
additional risks that ISAM operations
may pose.
25. At this time, the Commission
tentatively concludes to retain the same
orbital debris mitigation requirements
for ISAM operators as for other space
station operators. As stated in the NOI,
the Commission’s orbital debris
mitigation requirements apply to all
space station operators, including
operators of ISAM space stations. The
Commission notes that its current
orbital debris mitigation rules are
performance based, in that they require
demonstration of results rather than
dictating specific methods operators
must use to meet those results, and so
the Commission proposes that it does
not need to modify its rules for ISAM
communications to accommodate
requests in the record for performancebased orbital debris mitigation
requirements for ISAM space stations.
The Commission’s orbital debris
mitigation requirements are also based
on the United States government’s
Orbital Debris Mitigation Standard
Practices (ODMSP) developed by NASA.
The Commission therefore does not
propose to modify its orbital debris
rules at this time or to require additional
orbital debris mitigation showings for
ISAM space stations in general. Rather
the Commission proposes that ISAM
operators will either comply with
orbital debris requirements under the
regular part 25 licensing process, or
under the small satellite or small
spacecraft processes, if they apply under
those streamlined licensing processes.
The Commission proposes to include a
requirement that applicants for ISAM
space stations submit the orbital debris
mitigation information under the rules
of their chosen application process in
the proposed new § 25.126, as part of
the proposal to clearly lay out the
application process for ISAM operators
in that section. The Commission also
proposes to review any applications for
ISAM space stations on a case-by-case
basis, just as it does with other license
applications, to ensure compliance with
its orbital debris mitigation
requirements. The Commission believes
this approach will maximize operator
flexibility and therefore allow ISAM
technologies and capabilities to develop
while allowing the Commission to
ensure continued orbital safety for all
operators. The Commission seeks
comment on this proposed approach.
26. ISAM Activities that May Pose
Additional Risks. The Commission
notes that commenters suggest that
some ISAM activities, such as refueling,
life extension, and orbital transfer
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activities, along with assembly and
manufacturing activities, might pose
additional risks for creating orbital
debris by way of increased risk of
accidental explosions, increased risk of
release of debris during normal
operations, increased risk of collisions,
or decreased post-mission disposal
reliability, and therefore these space
stations must not be held to lesser
standards than other operators and must
be examined closely by the
Commission. It seeks comment on
whether its current orbital debris
mitigation rules are sufficient to protect
the orbital environment from these
additional risks. Are there additional
specific orbital debris showings the
Commission should consider for these
activities?
E. Orbital Debris Remediation Activities
27. The NOI asked a series of
questions to gain information on the
state of orbital debris remediation
technologies and industry development,
including whether and how the
Commission should consider ADR as
part of an applicant’s orbital debris
mitigation plan and what actions the
Commission could take to promote
growth and innovation for ADR. The
Commission agrees with commenters
that ISAM activities can play a role in
orbital debris remediation and space
sustainability. Aerospace asserts that
some ADR technologies, such as tow
truck, robotics, and RPO technologies,
are at a high level of readiness and
reliability, while other technologies,
including for capture and stabilization
of debris with high spin or tumble rates,
are at a much lower level of
technological readiness and reliability.
28. The Commission proposes that
operators engaging in ADR and similar
orbital debris remediation activities
could seek authorization through the
same process for ISAM space stations
outlined in the NPRM, including
requiring space stations conducting
ADR to demonstrate compliance with
the Commission’s orbital debris rules.
The Commission seeks comment on this
proposal. In particular, the Commission
seeks comment on whether it should
impose additional requirements on
applicants for ISAM space stations
conducting debris remediation activities
to mitigate potential additional risks
from these activities.
29. In response to the NOI’s queries
on whether ADR should be factored into
post-mission disposal requirements or
otherwise be fostered by Commission
action, commenters suggest the
Commission make clear that ADR is
permitted as a means to demonstrate
compliance with the Commission’s
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orbital debris rules and recommend that
the Commission encourage all space
station operators to include navigational
aids and grappling fixtures to assist with
potential ADR. The Commission agrees
that acknowledging third-party services
as an option for post-mission disposal
will likely further its goals of promoting
innovation and growth of ADR and will
also likely provide additional flexibility
to applicants when considering their
end-of-life disposal options. To date, the
Commission’s rules do not prescribe any
particular method of end-of-life disposal
of NGSO space stations, and instead the
Commission reviews an applicant’s
orbital debris mitigation plans for such
disposals on a case-by-case basis. The
Commission has previously stated that
it did not intend to dismiss or foreclose
direct retrieval as a method of end-oflife disposal and that disposal plans
involving direct retrieval would be
evaluated if direct retrieval were
implemented in the future. As such, the
Commission does not propose to modify
its rules to list ADR explicitly as a postmission disposal method. The
Commission notes that the ODMSP
stresses the importance of ensuring that
orbital debris remediation activities do
not risk creating debris greater than the
debris the operation seeks to remediate,
and the Commission therefore proposes
that plans to use ADR for post-mission
disposal will continue to be reviewed
on a case-by-case basis, including
review of the risk of generating debris
greater than the debris the operation
seeks to remediate and human casualty
risk for remediated debris disposed of
through atmospheric reentry, along with
compliance with the Commission’s
other orbital debris mitigation rules. The
Commission believes its proposal to
review use of ADR for post-mission
disposal on a case-by-case basis is in
line with its proposal to review all
ISAM space stations, including ISAM
space stations conducting ADR
activities, on a case-by-case basis and
will allow maximum flexibility for
operators, thereby fulfilling the
Commission’s goal of promoting growth
in the industry. The Commission seeks
comment on this approach.
30. Additionally, the Commission
believes that Aerospace’s suggestion
that the Commission require ADR plans
as a back-up for large constellations’
post-mission disposal plans has merit
for consideration. In cases of large
constellations, as Aerospace points out,
numerous defunct satellites could be
left in orbit even while meeting the
Commission’s current post-mission
disposal requirements. Given that the
technology for ADR is still nascent and
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developing, however, the Commission
does not propose to adopt rules on this
issue at this time, but it expects to
consider this possibility in the future.
31. The NOI asked specifically
whether an operator bond associated
with removal would be an appropriate
mechanism for ensuring ADR.
Commenters responding to the NOI
present a range of views regarding
potential bonds associated with postmission disposal reliability, from
support for the proposal, to requests for
further study, to concerns that a bond
would chill innovation and be less
effective than strong orbital debris
mitigation requirements. The
Commission agrees that further
consideration of this issue is warranted,
but as it is also continuing to consider
post-mission disposal bonds in general
in its orbital debris proceeding, it defers
this issue as related to ISAM and debris
remediation to a later time when it can
consider it more fully.
32. Finally, despite the suggestions of
some commenters, the Commission
defers proposals to modify regulatory
and application fees to appropriate
regulatory or application fee
proceedings in the future. The
Commission is required by the
Communications Act to collect
application fees and regulatory fees. The
Communications Act provides specific
exemptions from application fees and
regulatory fees. Moreover, the
Commission’s authority to waive
application fees or regulatory fees is
limited to specific instances and the
Commission has consistently rejected
consideration of waiving such fees for
classes of applicants or regulatees. As
this proceeding progresses, the
Commission will propose any relevant
regulatory fee or application fee updates
for ISAM space stations as part of future
Commission’s regulatory and
application fee proceedings.
F. Radiofrequency Spectrum To Support
ISAM
33. The Commission tentatively
concludes that various communication
activities in support of ISAM can
potentially operate within several
existing service allocations, and it
proposes to review ISAM operators’
requests for frequency use on a case-bycase basis, consistent with its process
for reviewing requests for frequency use
for small satellites and small spacecraft.
The Commission seeks comment on
these proposals.
34. Communication Operations and
Service Allocations. ISAM space station
operations will require the use of
telemetry, tracking, and command
(telecommand) (TT&C), as several
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commenters note. Numerous
commenters also explain that ISAM
space stations may, at times, require
other communications for limited
duration, such as video, imaging,
location sensing information, other
status information, and other data
downlink and suggest that TT&C
allocations alone will not cover all
stages of most ISAM operations.
Commenters also raise the need for
communications between space
stations, such as between a servicing
space station and a client or between
multiple space stations supporting a
common and complex assembly or
manufacturing mission and note that
these communications may likely occur
at low power given the proximity of the
space stations involved. Commenters
indicate that ISAM frequency use will
need to be agile, changing to
communicate with client satellites or to
avoid interfering with GSO satellites as
an ISAM space station transits close to
the GSO arc. NTIA and Aerospace also
note that ISAM space stations could
utilize relay satellites or satellite
networks for data downlink and other
communications.
35. Numerous commenters suggest
that the space operation service (defined
in 47 CFR 2.1(c)), fits well with some
aspects of ISAM operations, particularly
TT&C needs, but several also note that
the space operation bands are already
encumbered by federal users and others
assert that some communications needs
for ISAM space stations may not fit in
this service. Some suggest that space
research service, fixed-satellite service
(FSS), mobile-satellite service (MSS),
inter-satellite service, or even Earthexploration satellite service (EESS)
allocations (all defined in § 2.1(c) of the
Commission’s rules), as well as
experimental licensing and other
flexible options could be construed to
allow for certain ISAM operations. The
Commission’s rules define service
allocations according to the ITU
definitions, and the Commission relies
on these definitions as it considers
requests for frequency authorization as
part of its licensing process. The
Commission tentatively concludes that
various ISAM operations could fit
within numerous service allocation
definitions. For example, the
Commission need not read the
definition of space research services, ‘‘a
radiocommunications service in which
spacecraft or other objects in space are
used for scientific or technological
research purposes,’’ to be fundamentally
at odds with commercial satellite
operations given that the plain language
of the definition does not exclude
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commercially based scientific or
technological research operations.
Additionally, the Commission proposes
that the space operation service, which
is ‘‘concerned exclusively with the
operation of spacecraft, in particular
space tracking, space telemetry, and
space telecommand,’’ need not be as
narrowly construed as some
commenters seem to suggest. For
example, CONFERS states that the space
operation service ‘‘is not meant for
downlinking ISAM payload data.’’
However, the Commission tentatively
concludes that at least some ISAM
operations could fall within the scope of
the space operation definition,
especially if the data in question is
related to ‘‘the operation of spacecraft.’’
At the same time, the Commission notes
that certain service allocations, such as
EESS which is focused on
‘‘[i]nformation relating to the
characteristics of the Earth and its
natural phenomena, including data
relating to the state of the environment,’’
appear to be dedicated to operations
that are not typically consistent with
ISAM operations.
36. The Commission proposes not to
limit service allocation designations that
might be possible for ISAM operations
so long as the requested operations can
justifiably fit within the service
allocation definition. As such, the
Commission proposes to continue its
current practice of assessing whether an
applicant’s proposed ISAM operations
fall within the applicant’s desired
service allocation(s) on a case-by-case
basis. This proposal is consistent with
the Commission’s considerations for
small satellites, where the Commission
recognized small satellite operators may
engage in a variety of operations. Here,
the Commission tentatively proposes to
maintain as much flexibility as possible
for ISAM operators to gain authorization
for their operations so long as this does
not interfere with other
radiocommunications and justifiably fits
within service allocation definitions.
The Commission seeks comment on this
proposal. The Commission also notes
that current satellite services offer some
flexibility of use and operation. For
example, in certain cases, FSS operators
are permitted to provide service to earth
stations in motion (ESIM). Similarly, a
single satellite constellation can be
licensed to provide both FSS and MSS.
Given the current state of ISAM
development, and the variety of
communications needs that ISAM
operators may have, the Commission
believes that continuing to work within
available service allocations, with the
modifications to the licensing process
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proposed in the NPRM, can address
many of the frequency demands for
ISAM in the near term. The Commission
seeks comment on this approach.
37. Proposed Exemptions Consistent
with Spectrum Sharing Capabilities. In
keeping with its proposal to provide
flexibility in considering frequency
authorization, the Commission proposes
to exempt applicants for ISAM space
station authorizations from NGSO-like
processing rounds and from the GSOlike first-come-first-served queue, which
they could otherwise be subject to under
the current regular part 25 satellite
licensing regime. This proposal is
largely consistent with the
Commission’s approach for NGSO small
satellites and small spacecraft, which
are exempt from processing rounds
where spectrum sharing (that is, not
materially constraining other operations
in the requested frequency band(s)) is
shown to be possible. Commenters have
indicated that spectrum sharing is likely
possible for many aspects of ISAM
operations as well. However, here the
Commission expands its proposal to
include an exemption for GSO-like
space station processes as well as NGSO
because the Commission recognizes that
ISAM space stations could seek to be
authorized as a GSO-like space station,
whereas the Commission’s small
satellite process focused on NGSO-only.
The Commission tentatively concludes
that ISAM-related communications
licensing would not require processing
rounds for NGSO operators or a firstcome-first-served queue for GSO space
stations if applicants can demonstrate
that the proposed operations are
technically able to share spectrum and
not materially constrain future use of
the band. Specific showings would be
laid out in the proposed § 25.126, as
described above. The Commission seeks
comment on this proposal and on any
alternate approaches it should consider.
38. Authorizing Frequency Consistent
with Client Space Station Allocations.
The Commission recognizes
commenters’ interest in the possibility
of ISAM space stations receiving
frequency authorization consistent with
a client’s authorization, also known as
frequency ‘‘piggybacking.’’ Under the
Commission’s current rules the MEV–1
and MEV–2 licenses allowed for
frequency ‘‘piggybacking’’ with the
client satellite for certain frequencies.
For example, MEV–1, which is attached
to and provides life extension services
to the Intelsat 901 satellite, is authorized
to provide TT&C consistent with Intelsat
901’s licensed frequencies and
parameters. NTIA notes that ‘‘[o]ne of
the more straightforward opportunities
for ISAM spectrum access is for ISAM
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missions servicing [FSS and MSS]’’ and
asserts that those missions could use
‘‘the same spectrum used by the ‘client’
satellite’’ as was done for the MEV–1.
The Commission recognizes that such
an approach may only be an option for
a small portion of ISAM space stations,
because the space stations would need
to be designed with specific
communications capabilities to match
operational frequencies of client or
partner satellites and may likely only fit
with those providing servicing missions,
like life-extension and repair. CONFERS
also highlights that the option of relying
on client frequencies will not work for
operators engaged in debris removal.
Given the identified limitations on this
model, the Commission does not
propose ‘‘piggybacking’’ as an overall
solution for ISAM-related frequency
authorization; rather it notes that this
option has been authorized under its
existing rules in the past, without
requiring a change to the Commission’s
rules.
39. Specific Frequency Bands. The
Commission views its regulation of
radiofrequency in support of ISAM as
an iterative process, and the
Commission proposes to continue caseby-case review of frequency
authorization, as opposed to proposing
specific frequency bands for ISAMrelated communications’ use. In doing
so, the Commission recognizes the
benefit of expanding its experience with
authorizing communications operations
in support of ISAM missions. The
Commission believes that creating a
process for operators to identify as
ISAM space stations will allow the
Commission to gather important data
and understanding regarding the future
spectrum needs of ISAM operators.
Additionally, the Commission
recognizes that operators are already
thinking creatively about various
frequencies and service allocations that
may be able to accommodate ISAM
communication needs, as discussed
above. Many commenters responding to
the NOI are in favor of identifying
spectrum to support ISAM operations
on a protected basis (e.g., exclusive or
co-primary). The Commission also notes
that it deferred consideration of specific
frequency bands that could be used for
certain ISAM-related operations, such as
RPO, from the Commission’s space
launch spectrum proceeding. Yet it does
not wish to prematurely limit creativity
and innovation for ISAM operators, and
tentatively conclude that a case-by-case
review will allow flexibility at this time
as the Commission and other regulating
bodies continue to evaluate the
spectrum ecosystem holistically. The
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Commission’s proposal to require
frequency use authorization on a caseby-case basis is also consistent with its
treatment of small satellite and small
spacecraft, with the understanding that
these operations would be carried out
on a non-exclusive, shared basis, and
would not cause interference to
incumbent operators. The Commission
therefore does not propose specific
bands at this time and seeks comment
on this proposal.
40. Less Traditional Spectrum Use.
Finally, the Commission notes that
innovation in spectrum use may open
new pathways for ISAM-related
frequency use in the future.
Commenters provide a range of
examples and suggestions of less
traditional spectrum use, such as
increased use of inter-satellite links, inspace radar systems to be used during
proximity operations, and unlicensed
Wi-Fi spectrum for servicer-to-client
satellite communications, especially
when in close proximity, e.g., during
docking activities. These creative
suggestions are evidence of the
innovative nature of ISAM operations,
but the Commission tentatively
concludes that these suggestions will
require further study or changes at an
international level, and it does not
propose any changes to its current rules
in relation to these novel suggestions.
G. Digital Equity and Inclusion
41. The NOI sought comment on ‘‘any
equity-related considerations and
benefits (if any) that may be associated
with the topics discussed’’ in the NOI.
Aerospace provided several comments
addressing digital equity and inclusion
in the ISAM industry. Aerospace states,
‘‘[m]aintaining satellite connectivity
that is both consistent and affordable is
becoming more essential to remote
regions that include tribal lands and
rural areas, as well as urban centers of
typically underserved populations
disadvantaged by socioeconomic
factors.’’ The Commission agrees that
promoting growth of the ISAM industry
could create a safer and more
sustainable space environment, which
will allow for more options for
broadband service for unserved and
underserved areas.
42. Aerospace suggests that to
promote digital equity and inclusion in
the ISAM industry, the Commission
should encourage inclusive business
practices through incentive programs,
such as reduced or waived regulatory
fees and application filing fees for
federally recognized small
disadvantaged ISAM businesses and
reduced or waived fees for debrismitigating ISAM activities. Aerospace
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notes that loss of satellite connectivity
caused by debris or interference could
mean a complete internet blackout for
rural and other unserved and
underserved areas which lack ground
connectivity infrastructure, and
therefore the Commission should work
to incentivize ISAM activities which
mitigate debris. Aerospace is correct to
note the importance of satellite
connectivity, particularly in unserved
and underserved regions, and ISAM
activities, particularly servicing
capabilities and debris remediation,
have the potential to strengthen these
networks to better serve these
populations. As discussed above,
however, the Commission does not
propose to reduce or eliminate fees for
space stations that adopt ISAMcompatible technology because the
Commission is required to collect
application filing and regulatory fees by
Congress, and the Commission lacks
authority to waive fees for whole
categories of payors or to assess fees on
factors other than cost of processing
filings or regulatory burden.
43. Aerospace also proposes specific
regulations for the FCC to consider
regarding spectrum which it states
would benefit unserved and
underrepresented populations.
Specifically, Aerospace suggests that the
‘‘FCC could propose spectrum sharing
schemes that pool spectrum for Small
Disadvantaged Businesses developing or
supporting ISAM technology dedicated
to public interest efforts specific to
underserved customers or for use by
academia with underrepresented
student populations.’’ The Commission
seeks additional comment regarding this
proposal. It recognizes the Small
Business Administration has regulations
and programs for small disadvantaged
businesses in the federal contracting
space. Specifically, how might the
Commission categorize ‘‘small
disadvantaged businesses’’ in this
context? Are there other categories of
businesses, organizations, or academic
institutions that such a program would
be appropriate for? More broadly, how
would such a program work? What
would the benefits and drawbacks be?
44. Finally, Aerospace suggests that
the Commission consider regulatory
changes to protect educational spectrum
as a public good by requiring that
educational spectrum licenses only be
sold to other educational entities.
Aerospace also recommends the
Commission limit the number of leasing
agreements for spectrum to prevent
hording of spectrum that could be used
for ISAM operations which will benefit
unserved and underserved populations,
as well as regulations preventing
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harmful interference to spectrum users
from vulnerable groups, such as farmers,
coastal fishers, and gulf states during
hurricane season, relying on accurate
weather data. The Commission views
these suggestions to be beyond the
scope of this rulemaking, which is
focused on developing rules to most
effectively license ISAM space stations
to nurture growth in the industry and
ultimately benefit the public interest,
and therefore it does not propose to
incorporate Aerospace’s suggestions
into the proposed rule changes in this
proceeding.
45. ISAM is a nascent industry, and
as such, the Commission is seeking
additional comments on ways the
Commission can continue to incentivize
the growth of the ISAM industry
through the proposals in the NPRM and
beyond. Furthermore, as part of the
Commission’s continuing effort to
advance digital equity for all, including
people of color, people with disabilities,
persons who live in rural or tribal areas,
and others who are or have been
historically underserved, marginalized,
or adversely affected by persistent
poverty or inequality, it continues to
invite comment on any equity-related
considerations raised by the proposals
made in the NPRM. Specifically, the
Commission continues to seek comment
on how the topics discussed and any
related proposals may promote or
inhibit advances in diversity, equity,
inclusion, and accessibility, as well as
the scope of the Commission’s relevant
legal authority.
IV. Initial Regulatory Flexibility
Analysis
46. As required by the Regulatory
Flexibility Act (RFA), the Commission
has prepared this Initial Regulatory
Flexibility Analysis (IRFA) of the
possible significant economic impact on
a substantial number of small entities by
the policies and rules proposed in the
Notice of Proposed Rulemaking
(NPRM). The Commission requests
written public comments on the IRFA.
Comments must be identified as
responses to the IRFA and must be filed
by the deadlines provided on the first
page of the NPRM. The Commission
will send a copy of the NPRM,
including the IRFA, to the Chief
Counsel for Advocacy of the Small
Business Administration (SBA).
A. Need for, and Objectives of, the
Proposed Rules
47. The Commission advances the
leadership role of the United States in
space with a new framework for
licensing space stations engaged in inspace servicing, assembly, and
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manufacturing, known as (ISAM),
proposed in the NRPM. The NPRM
reflects comments the Commission
received in response to a Notice of
Inquiry on ISAM (ISAM NOI), which
requested comment on the current state
of the industry, how the Commission
can best support the sustainable
development of the industry, and what
tangible economic and societal benefits
can result from the expansion of
capabilities facilitating the sustainable
use of space. The Commission seeks
comment on several proposals relating
to changes to the Commission’s rules
and policies for radiofrequency
communication to foster the
advancement of in-space servicing,
assembly, and manufacturing (ISAM)
operations. The Commission believes
effective radiofrequency
communications will enable expansion
of capabilities for space use and has
proposed rules designed to facilitate and
support growth.
48. The licensing framework rules the
Commission proposed in the NPRM
would accommodate authorization
under part 25 of the Commission’s rules
for commercial space stations engaged
in ISAM operations. Adoption of the
proposed changes would modify 47 CFR
part 25 of the Commission’s rules to
make communication authorization for
ISAM missions more accessible while
promoting efficient use of spectrum.
The ability of ISAM space station
operators to apply under the existing
small satellite and small spacecraft
streamlined processes would be
available to ISAM space station
operators that meet the requisite
requirements for the applicable process.
Licensing under part 5 of the
Commission’s experimental licensing
will also continue to be an option for
licensing ISAM space stations that do
not provide commercial service. The
Commission’s proposed approach in the
NPRM to license ISAM space stations
under its current rules, and to review
ISAM applications on a case-by-case
basis, will provide the industry with
flexibility while ISAM capabilities
develop, and will enable the
Commission to continue developing a
record on ISAM while gaining further
experience licensing radiofrequency use
for ISAM space stations.
B. Legal Basis
49. The proposed action is authorized
under sections 4(i), 301, 302(a), 303(e),
303(f), and 303(r) of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 301, 302(a),
303(e), 303(f), and 303(r).
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C. Description and Estimate of the
Number of Small Entities to Which the
Proposed Rules Will Apply
50. The RFA directs agencies to
provide a description of, and where
feasible, an estimate of the number of
small entities that may be affected by
the proposed rules and policies, if
adopted. The RFA generally defines the
term ‘‘small entity’’ as having the same
meaning as the terms ‘‘small business,’’
‘‘small organization,’’ and ‘‘small
governmental jurisdiction.’’ In addition,
the term ‘‘small business’’ has the same
meaning as the term ‘‘small business
concern’’ under the Small Business Act.
A ‘‘small business concern’’ is one
which: (1) is independently owned and
operated; (2) is not dominant in its field
of operation; and (3) satisfies any
additional criteria established by the
SBA.
51. Satellite Telecommunications.
This industry comprises firms
‘‘primarily engaged in providing
telecommunications services to other
establishments in the
telecommunications and broadcasting
industries by forwarding and receiving
communications signals via a system of
satellites or reselling satellite
telecommunications.’’ Satellite
telecommunications service providers
include satellite and earth station
operators. The SBA small business size
standard for this industry classifies a
business with $38.5 million or less in
annual receipts as small. U.S. Census
Bureau data for 2017 show that 275
firms in this industry operated for the
entire year. Of this number, 242 firms
had revenue of less than $25 million.
Additionally, based on Commission
data in the 2022 Universal Service
Monitoring Report, as of December 31,
2021, there were 65 providers that
reported they were engaged in the
provision of satellite
telecommunications services. Of these
providers, the Commission estimates
that approximately 42 providers have
1,500 or fewer employees.
Consequently, using the SBA’s small
business size standard, a little more
than half of these providers can be
considered small entities.
52. All Other Telecommunications.
This industry is comprised of
establishments primarily engaged in
providing specialized
telecommunications services, such as
satellite tracking, communications
telemetry, and radar station operation.
This industry also includes
establishments primarily engaged in
providing satellite terminal stations and
associated facilities connected with one
or more terrestrial systems and capable
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of transmitting telecommunications to,
and receiving telecommunications from,
satellite systems. Providers of internet
services (e.g., dial-up ISPs) or Voice
over internet Protocol (VoIP) services,
via client-supplied telecommunications
connections are also included in this
industry. The SBA small business size
standard for this industry classifies
firms with annual receipts of $35
million or less as small. U.S. Census
Bureau data for 2017 show that there
were 1,079 firms in this industry that
operated for the entire year. Of those
firms, 1,039 had revenue of less than
$25 million. Based on this data, the
Commission estimates that the majority
of ‘‘All Other Telecommunications’’
firms can be considered small.
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D. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements for Small Entities
53. The NPRM seeks public comment
on proposed revisions to the
Commission’s rules governing satellite
and earth station applications under 47
CFR part 25. Specifically, the NPRM
proposes and seeks comment on several
rule changes that will affect ISAM
communications authorization
procedures, reporting, recordkeeping,
and other compliance requirements for
space station operators. The
Commission believes the proposed
changes would decrease the burden in
various regards for small entities that
plan to launch and operate ISAM space
stations.
54. The NPRM proposes to add a new
section to the Commission’s rules,
§ 25.126 Application for ISAM Space
Stations, which clarifies application
requirements for ISAM space stations in
a single section. These proposals
include documentation requirements
largely consistent with those already
established for an applicant under part
25 of the Commission’s rules. In
proposed § 25.126(a), applicants that
meet the proposed definition of ‘‘ISAM
space station’’ are directed to seek
authorization and submit the requisite
application information and materials
either through the Commission’s regular
part 25 process or through the
streamlined processes for small
satellites and small spacecraft. As such,
ISAM space station license applicants,
including small entities, that also meet
the requirements to seek authorization
under the Commission’s current
streamlined processes for small
satellites or small spacecraft will be able
to submit the information and
certification required in § 25.122 or
§ 25.123 rather than the regular part 25
authorization process.
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55. In the new § 25.126(b), the
Commission proposes to exempt small
entities and other operators that meet
the definition of ISAM space stations
from non-geostationary orbit (NGSO)
processing rounds and/or the first-comefirst-served queue for geostationary orbit
(GSO) operators, provided the applicant
certifies that the operations of the space
station(s) will be compatible with
existing operations in the authorized
frequency band(s), and submits a
narrative to demonstrate spectrum
sharing capabilities are technically
possible, and that the operations will
not materially constrain future space
station entrants from using the
authorized frequency band(s). While the
exemption contains a certification and
narrative submission requirement, the
proposal is designed to provide more
flexibility to small and other operators
who may want to operate as a GSO or
NGSO space station, while
simultaneously providing interference
protection for incumbent and future
satellite operators. The proposed rule
would also reduce the procedural
requirements for small entities and
other applicants.
56. Pursuant to proposed § 25.126(c),
ISAM space station license applicants,
including small entities, would need to
provide the International
Communications Filing System (ICFS)
file number for any applications or
Commission grants related to proposed
operations (e.g., experimental license
grants, other space station or earth
station applications or grants), including
but not limited to client space stations,
space stations that have become debris
the applicant seeks to remediate, and
other space stations the applicant plans
to interact with or collaborate with as
part of its operations. Additionally,
ISAM applicants working with space
stations not licensed or granted market
access by the United States would need
to provide relevant information related
to those operations, including ITU file
numbers and a narrative description.
However, since the international-related
filing requirements would only pertain
to operators working with space stations
that are not licensed or granted market
access by the United States, the
requirement for applicants who do not
have such working relationships is
largely to provide the appropriate file
numbers. Therefore, the Commission
does not believe the inclusion of the
proposed filing requirements in
§ 25.126(c) will increase the procedural
compliance burdens for small entities.
57. As a mechanism for fostering the
growth of the burgeoning ISAM industry
the licensing framework proposal
includes a one-year grace period for
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surety bonds for small and other ISM
applicants, just as the Commission has
done for operators applying through the
small satellite and small spacecraft
rules. The Commission seeks comment
on whether any of the burdens
associated with complying with the
filing, recordkeeping, and reporting
requirements in its proposed licensing
framework can be further minimized for
small entities. Due to the proposed
approach to license ISAM space stations
under the Commission’s current rules
including allowing applicants to seek
authorization under the Commission’s
current streamlined processes for small
satellites or small spacecraft, the
Commission does not expect that small
entities will need to hire professionals
to comply with any of the requirements
for ISAM space station authorization.
With regard to the compliance costs for
small entities, at this time the
Commission cannot quantify the
compliance costs for small entities. The
Commission therefore expects the
information it received in comments to
include cost and benefit analysis data
which should help the Commission
assess compliance costs. Industry input
should also allow the Commission to
identify and evaluate additional matters,
and burdens relevant to small entities
that may result from the proposals and
inquiries it makes in this proceeding.
E. Steps Taken To Minimize the
Significant Economic Impact on Small
Entities, and Significant Alternatives
Considered
58. The RFA requires an agency to
describe any significant, specifically
small business, alternatives that it has
considered in reaching its proposed
approach, which may include the
following four alternatives (among
others): ‘‘(1) the establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
compliance and reporting requirements
under the rules for such small entities;
(3) the use of performance rather than
design standards; and (4) an exemption
from coverage of the rule, or any part
thereof, for such small entities.’’
59. The Commission’s consideration
of rule revisions to reflect changes and
advances in the commercial space
industry includes proposals in the
licensing framework that would assist in
reducing the economic impact for small
entities such as exempting ISAM
applicants from the surety bond
requirement for one year after an ISAM
license is granted, and not subjecting
applications for ISAM space stations to
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NGSO processing round procedures or
the GSO operator queue. These
proposals are designed to lower the
regulatory burden involved in licensing
ISAM operations and reduce application
processing times, thereby lessening the
burden of compliance on small entities
with more limited resources than larger
entities. The Commission considered
not providing these exemptions, which
would require ISAM operators,
including small entities, applying under
the Commission’s regular part 25
process to engage in a more lengthy and
complex procedural process. ISAM
applicants for example, could be placed
in a processing round or required to
submit requests for waiver, which the
Commission believes may have a greater
impact on small entities than the
NPRM’s proposal to exempt ISAM
operators from these processes so long
as they provide the requisite
demonstrations for spectrum sharing. In
the formulation of its surety bond
requirement proposal, the Commission
considered a recommendation that
ISAM operators be allowed to
demonstrate compliance with the policy
objectives of the surety bond
requirements in place of filing an actual
surety bond. Implementation of this
recommendation would introduce
additional review into the licensing
process on a larger scale than allowing
individual applications to demonstrate
such showings through a waiver
request, which is currently an available
avenue for applicants under the
Commission’s general waiver rules,
therefore the Commission did not
include this in the proposal.
60. Small entities and other operators
meeting the proposed definition of an
ISAM space station would be required
to include some additional information
with their application by providing the
ICFS file numbers for related
applications or grants of authority, if
this proposed rule is adopted. This
requirement may ultimately lower the
impact on small entities and other
operators however, since providing the
file numbers up front could lower the
need for, and costs associated with
additional follow-up and review at a
later stage of the application process.
Similarly, the Commission believes that
the proposed requirement for ISAM
applicants to provide relevant
international filings for related space
stations not licensed or granted market
access by the United States while
creating some additional steps on the
front end, will ultimately lead to a
smoother review process for small
entities and other applicants who may
be servicing or partnering with foreign-
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licensed space stations as part of their
operations.
61. Although the Commission
ultimately proposed to continue the use
of part 5 and 25 rules for the ISAM
space station operation licensing
framework, it considered various
alternatives for the framework proposal.
The Commission assessed for example
the use of different licensing
requirements for different types of ISAM
activities. Rather than proposing to
adopt different regulatory requirements,
the Commission chose to propose a
broad licensing framework for space
stations that could be applicable to all
activities that fall within the proposed
definition of ISAM. The proposed
licensing framework provides small
entities and other ISAM space station
applicants with several options to use to
apply for authorization. The option
available for small entities meeting the
process requirements to utilize the
Commission’s existing streamlined
processes for small satellites and small
spacecraft as described in the NPRM
should reduce the impact for these
applicants because of the reduced
burden of the streamlined processes.
Small entities seeking Commission
authorization as ISAM space station
operators may already have experience,
and familiarity with the existing
processes, and have cost-effective and
efficient internal procedures in place to
execute the streamlined processes. To
the extent a small entity does not meet
the requirements for the streamlined
processes for small satellites and small
spacecraft and seeks authorization
through the regular part 25 process, the
proposed exemptions and reduced
regulatory burdens discussed above will
result in a less arduous and costly
approach than would be available in the
absence of the new section and other
proposed rule changes. Small entities
may also benefit from the continuation
of the part 5 process as a means of
authorization since several ISAM space
stations have secured experimental
licenses using this process. Similarly,
the part 5 process may be of assistance
to small entity ISAM applicants with an
interest in market trials.
62. In response to the ISAM NOI,
comments were filed involving
spectrum regulation impacting small
disadvantaged businesses. The
Commission considered these
comments which suggest the
Commission propose spectrum sharing
arrangements to pool spectrum
impacting small disadvantaged
businesses that develop, or support
ISAM technology targeting underserved
customers, or academic institutions
with underrepresented student
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populations, and in the NPRM the
Commission requested additional
comment on this proposal, including
how such arrangements would work,
and the benefits and drawbacks of such
arrangements. The Commission expects
to consider this, and other issues
discussed herein, as well as the
economic impact on, and alternatives
for small entities, based on its review of
any comments filed in response to the
NPRM and the IRFA.
F. Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rules
63. None.
V. Ordering Clauses
64. Accordingly, it is ordered that,
pursuant to sections 4(i), 301, 302(a),
303(e), 303(f), and 303(r) of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 301, 302(a),
303(e), 303(f), and 303(r), the Notice of
Proposed Rulemaking is adopted.
65. It is further ordered that, the
Commission’s Office of the Secretary,
Reference Information Center shall send
a copy of the Notice of Proposed
Rulemaking, including the Initial
Regulatory Flexibility Act Analysis, to
the Chief Counsel for Advocacy of the
Small Business Administration, and
shall cause it to be published in the
Federal Register.
List of Subjects in 47 CFR Part 25
Administrative practice and
procedure, Earth stations, Satellites
Federal Communications Commission.
Marlene Dortch,
Secretary.
Proposed Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
part 25 as follows:
PART 25—SATELLITE
COMMUNICATIONS
1. The authority citation for part 25
continues to read as follows:
■
Authority: 47 U.S.C. 154, 301, 302, 303,
307, 309, 310, 319, 332, 605, and 721, unless
otherwise noted.
2. Amend § 25.103 by adding the
definition of ‘‘ISAM Space station’’ in
alphabetical order to read as follows:
■
§ 25.103
Definitions.
*
*
*
*
*
ISAM Space station. A space station
which has the primary purpose of
conducting in-space servicing,
assembly, and/or manufacturing
activities used on-orbit, on the surface
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of celestial bodies, and/or in transit
between these regimes and which are
supported by radiofrequency operations.
Servicing activities include but are not
limited to in-space inspection, life
extension, repair, refueling, alteration,
and orbital transfer of a client space
object, including collection and removal
of debris on orbit. Assembly activities
involve the construction of space
systems in space using premanufactured components.
Manufacturing activities involve the
transformation of raw or recycled
materials into components, products, or
infrastructure in space. ISAM space
stations are eligible for authorization
under the application process described
in § 25.126.
*
*
*
*
*
■ 3. Add § 25.126 to read as follows:
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§ 25.126 Applications for ISAM Space
stations.
(a) This section shall only apply to
applicants for ISAM space stations as
defined in § 25.103. Applicants seeking
authorization for ISAM space stations
must submit a comprehensive proposal
for Commission evaluation on FCC
Form 312, Main Form and Schedule S,
as described in § 25.114(a) through (c),
together with the information required
in § 25.114(d)(14) or, if the applicant is
seeking authorization under the
streamlined processes for small
satellites or small spacecraft, the
information required in § 25.122(c) and
(d) or § 25.123(b) and (c).
(b) Applicants for ISAM space
stations will not be placed in a
processing round for NGSO-like
operations under § 25.157 or placed in
a queue for GSO-like operations under
§ 25.158, provided:
(1) The applicant certifies that
operations of the space station(s) will be
compatible with existing operations in
the authorized frequency band(s) and
will not materially constrain future
space station entrants from using the
authorized frequency band(s); and
(2) The applicant submits a narrative
description of means by which
requested spectrum could be shared
with both current and future operators,
(e.g., how ephemeris data will be
shared, antenna design, earth station
geographic locations) thereby not
materially constraining other operations
in the requested frequency band(s).
(c) Applicants for ISAM space stations
must also provide the following:
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(1) A list of the FCC file numbers or
call signs for any applications or
Commission grants related to the
proposed operations (e.g., experimental
license grants, other space station or
earth station applications or grants),
including but not limited to client space
stations, space stations that have
become debris the applicant seeks to
remediate, and other space stations the
applicant plans to interact with or
collaborate with as part of its
operations.
(2) A list of the International
Telecommunications Union filings and
United Nations Registration information
for any space stations not licensed or
granted market access by the United
States that are related to the proposed
operations, including but not limited to
client space stations, space stations that
have become debris the applicant seeks
to remediate, and other space stations
the applicant plans to interact with or
collaborate with as part of its
operations.
(3) For all related space stations
included under paragraph (c)(2) of this
section, a narrative description of the
regulatory requirements to which these
related space stations are subject and
the status of licenses of these related
space stations.
*
*
*
*
*
■ 4. Amend § 25.137 by revising
paragraph (b) to read as follows:
§ 25.137 Requests for U.S. market access
through non-U.S.-licensed space stations.
*
*
*
*
*
(b) Any request pursuant to paragraph
(a) of this section must be filed
electronically through the International
Communications Filing System and
must include an exhibit providing legal
and technical information for the nonU.S.-licensed space station of the kind
that §§ 25.114, 25.122, 25.123 or
§ 25.126 would require in a license
application for that space station,
including but not limited to,
information required to complete
Schedule S. An applicant may satisfy
this requirement by cross-referencing a
pending application containing the
requisite information or by citing a prior
grant of authority to communicate via
the space station in question in the same
frequency bands to provide the same
type of service.
*
*
*
*
*
■ 5. Amend § 25.157 by revising
paragraph (i) to read as follows:
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§ 25.157 Consideration of applications for
NGSO-like satellite operation.
*
*
*
*
*
(i) For consideration of license
applications filed pursuant to the
procedures described in §§ 25.122,
25.123, or § 25.126 the application will
be processed and granted in accordance
with §§ 25.150 through 25.156, taking
into consideration the information
provided by the applicant under
§§ 25.122(d), 25.123(c), or § 25.126(b)
but without a processing round as
described in this section and without a
queue as described in § 25.158.
■ 6. Amend § 25.158, by revising
paragraph (a)(2) to read as follows:
§ 25.158 Consideration of applications for
GSO-like satellite operation.
(a) * * *
(2) The procedures prescribed in this
section do not apply to an application
for authority to launch and operate an
ISAM space station that meets the
relevant criteria in § 25.126(b). The
procedures prescribed in this section
also do not apply to an application for
authority to launch and operate a
replacement space station that meets the
relevant criteria in § 25.165(e)(1) and
(e)(2) and that will be launched before
the space station to be replaced is
retired from service or reasonable time
after the loss of a space station during
launch or due to premature failure in
orbit.
*
*
*
*
*
■ 7. Amend § 25.165 by revising the
introductory text of paragraph (a) to
read as follows:
§ 25.165
Surety bonds.
(a) For all space station licenses
issued after September 20, 2004, other
than licenses for SDARS space stations,
space stations licensed in accordance
with §§ 25.122, 25.123, or § 25.126, and
replacement space stations as defined in
paragraph (e) of this section, the
licensee must post a bond within 30
days of the grant of its license. Space
stations licensed in accordance with
§§ 25.122, 25.123, or § 25.126 must post
a bond within one year plus 30 days of
the grant of the license. Failure to post
a bond will render the license null and
void automatically.
*
*
*
*
*
[FR Doc. 2024–05389 Filed 3–14–24; 8:45 am]
BILLING CODE 6712–01–P
E:\FR\FM\15MRP1.SGM
15MRP1
Agencies
[Federal Register Volume 89, Number 52 (Friday, March 15, 2024)]
[Proposed Rules]
[Pages 18875-18887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05389]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 25
[IB Docket Nos. 22-271, 22-272; FCC 24-21; FR ID 207048]
Space Innovation; Facilitating Capabilities for In-Space
Servicing, Assembly, and Manufacturing
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission (FCC
or Commission) adopted a Notice of Proposed Rulemaking that seeks
comment on a proposed new framework for licensing space stations
engaged in in-space servicing, assembly, and manufacturing (ISAM).
DATES: Comments are due on or before April 29, 2024. Reply comments are
due on or before May 29, 2024.
ADDRESSES: You may submit comments, identified by IB Docket Nos. 22-271
and 22-272, by any of the following methods:
Electronic Filers. Comments may be filed electronically
using the internet by accessing the ECFS, https://apps.fcc.gov/ecfs.
Paper Filers. Parties who choose to file by paper must
file an original and one copy of each filing.
Filings can be sent by commercial overnight courier, or by
first-class or overnight U.S. Postal Service mail. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701.
U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 45 L Street NE, Washington, DC 20554.
Effective March 19, 2020, and until further notice, the
Commission no longer accepts any hand or messenger delivered filings.
This is a temporary measure taken to help protect the health and safety
of individuals, and to mitigate the transmission of COVID-19. See FCC
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
Persons with Disabilities. To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to [email protected] or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice) or 202-
418-0432 (TTY).
FOR FURTHER INFORMATION CONTACT: Jameyanne Fuller, Space Bureau,
Satellite Programs and Policy Division, 202-418-0945,
[email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking (NPRM), in IB Docket Nos. 22-271 and 22-272; FCC
24-21, adopted February 15, 2024, and released February 16, 2024. The
full text of this document is available at https://docs.fcc.gov/public/attachments/FCC-24-21A1.pdf.
Ex Parte Presentations
The Commission will treat this proceeding as a ``permit-but-
disclose'' proceeding in accordance with the Commission's ex parte
rules. Persons making ex parte presentations must file a copy of any
written presentation or a memorandum summarizing any oral presentation
within two business days after the presentation (unless a different
[[Page 18876]]
deadline applicable to the Sunshine period applies). Persons making
oral ex parte presentations are reminded that memoranda summarizing the
presentation must (1) list all persons attending or otherwise
participating in the meeting at which the ex parte presentation was
made, and (2) summarize all data presented and arguments made during
the presentation. If the presentation consisted in whole or in part of
the presentation of data or arguments already reflected in the
presenter's written comments, memoranda or other filings in the
proceeding, the presenter may provide citations to such data or
arguments in his or her prior comments, memoranda, or other filings
(specifying the relevant page and/or paragraph numbers where such data
or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with rule 1.1206(b). In proceedings governed by
rule 1.49(f) or for which the Commission has made available a method of
electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system available
for that proceeding, and must be filed in their native format (e.g.,
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding
should familiarize themselves with the Commission's ex parte rules.
Paperwork Reduction Act
The Notice of Proposed Rulemaking contains proposed new or modified
information collection requirements. The Commission, as part of its
continuing effort to reduce paperwork burdens, invites the general
public and the Office of Management and Budget (OMB) to comment on the
information collection requirements contained in this document, as
required by the Paperwork Reduction Act of 1995 (PRA), Public Law 104-
13. In addition, pursuant to the Small Business Paperwork Relief Act of
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4)), the Commission
seeks specific comment on how it might further reduce the information
collection burden for small business concerns with fewer than 25
employees.
Providing Accountability Through Transparency Act
The Providing Accountability Through Transparency Act, Public Law
118-9, requires each agency, in providing notice of a rulemaking, to
post online a brief plain-language summary of the proposed rule. The
required summary of the Notice of Proposed Rulemaking is available at
https://www.fcc.gov/proposed-rulemakings.
Initial Regulatory Flexibility Analysis
The Regulatory Flexibility Act of 1980, as amended (RFA), requires
that an agency prepare a regulatory flexibility analysis for notice and
comment rulemakings, unless the agency certifies that ``the rule will
not, if promulgated, have a significant economic impact on a
substantial number of small entities.'' The Commission has prepared an
Initial Regulatory Flexibility Analysis (IRFA) concerning the potential
impact of the proposed rule and policy changes contained in the Notice
of Proposed Rulemaking. The IRFA is set forth in Appendix B of the NPRM
and a summary is included in the Procedural Matters section below.
Written public comments are requested on the IRFA. Comments must be
filed by the deadlines for comments on the Notice of Proposed
Rulemaking indicated on the DATES section of this document and must
have a separate and distinct heading designating them as responses to
the IRFA.
Synopsis
1. In the Notice of Proposed Rulemaking (NPRM), the Commission
seeks comment on several proposed changes to part 25 of the
Commission's rules to create a new framework to license in-space
servicing, assembly, and manufacturing, or ``ISAM'' space stations,
thereby supporting the development of these novel space activities.
Specifically, the NPRM proposes to include a new definition of ``ISAM
space station'' in Sec. 25.103 of the Commission's rules drawn from
the definition in the ISAM National Strategy and proposes a new Sec.
25.126 to the Commission's rules to aggregate requirements that all
applicants for an ISAM space station license or market access grant
must fulfill and to enumerate the exemptions from other portions of
part 25 to which applicants would be entitled. It also seeks comments
on whether other rule changes might be necessary to support the
development of the ISAM industry. Additionally, it proposes to retain
the same orbital debris mitigation requirements for ISAM operators as
for other space station operators and proposes to review ISAM
operators' requests for frequency use on a case-by-case basis.
I. Introduction
2. The Commission continues its efforts to promote United States
leadership in space by adopting the NPRM to propose a new framework for
licensing space stations engaged in ISAM. Space capabilities are
expanding, opening novel economic and scientific opportunities, and
providing new tools for sustainable use of space. Effective and
efficient use of radiofrequency communications will enable these new
capabilities and the rules proposed are designed to facilitate and
support their growth. The NPRM reflects the input of commenters from
the Commission's Notice of Inquiry (NOI) on ISAM, 87 FR 56365
(September 14, 2022), which sought comment regarding where the industry
is today, how the Commission can best support its sustainable
development, and what tangible economic and societal benefits may
result from these capabilities. Taking these comments into account, the
Commission proposes to create a new framework to license ISAM space
stations, thereby supporting the development of these novel space
activities. As the ISAM industry continues to develop, the Commission
envisions taking additional steps as needed to foster innovation and
growth in this field.
II. Background
3. ISAM refers to a set of capabilities used on-orbit, on the
surface of space objects and celestial bodies, and in transit between
these regimes. The ``servicing'' aspect of ISAM includes activities
such as the in-space inspection, life extension, repair, refueling, or
alteration of a spacecraft after its initial launch, which includes but
is not limited to: visually acquire, rendezvous and/or proximity
operations, docking, berthing, relocation, upgrading, repositioning,
undocking, unberthing, release and departure, reuse, orbit transport
and transfer, and timely debris collection and removal. These
activities typically include the process of maneuvering close to and
operating in the near vicinity of the ``client'' spacecraft, a set of
activities often referred to as rendezvous and proximity operations
(RPO). The term ``servicing'' is also used to describe transport of a
spacecraft from one orbit to another, as well as debris collection and
removal. ``Assembly'' refers to the construction of a space system
using pre-manufactured components, and ``manufacturing'' is the
transformation of raw or recycled
[[Page 18877]]
materials into components, products, or infrastructure in space.
4. On August 5, 2022, the Commission adopted the ISAM NOI. It
sought comment on spectrum needs and allocations; licensing processes
in general and specifically for satellite servicing operations,
assembly, manufacturing, and other activities; and international
licensing considerations. Twenty-four comments were filed by ISAM
operators, satellite operators, industry groups, and government
agencies, ten parties filed reply comments, and a number of parties
also submitted ex parte filings on the record.
5. Prior Actions Involving ISAM Activities. While many commercial
ISAM activities are still at an early stage, the Commission, in
coordination with NTIA where operations were in frequency bands shared
with the federal government, has issued licenses for space stations
conducting several types of ISAM activities, including the following:
licensing of SpaceLogistics, LLC's (SpaceLogistics) Mission Extension
Vehicle-1 (MEV-1) and Mission Extension Vehicle-2 (MEV-2); granting an
experimental license to SpaceIce to investigate freeze-casting, a
processing technique used to create a wide range of materials like
ceramics, metals, polymers, and composites, among others, in the
microgravity environment; authorizing U.S. earth station communications
to support Astroscale Ltd.'s ELSA-d testing of spacecraft capabilities
for orbital debris removal; and granting an experimental license to
NanoRacks LLC for communications to demonstrate metal-cutting in space.
6. Topics related to ISAM capabilities have also been raised in
other Commission rulemaking proceedings. In the ongoing rulemaking to
update the orbital debris rules, Mitigation of Orbital Debris in the
New Space Age, the Commission sought comment on a variety of rule
changes, including, for example, whether it should update rules
specifically to address RPO. The Commission ultimately adopted a
requirement that space station applicants disclose whether a space
station is capable of, or will be, performing proximity operations,
noting that this disclosure would identify situations where such
operations are planned and provide a vehicle for further review of
those operations. At the time, the Commission noted the evolving and
developing nature of RPO and accordingly found that adoption of more
specific technical or operational requirements would be premature. The
Commission also sought comment on the role of spacecraft retrieval,
also referred to as active debris removal (ADR), as a debris mitigation
strategy in certain circumstances and concluded that this was also an
area where it would be premature to establish more detailed
regulations.
7. State of the ISAM Industry. The ISAM NOI sought information on
the state of the industry for ISAM operations. Astroscale notes that
more than 102 companies have undertaken ISAM projects or research, that
18 of those have either partially or fully operational ISAM
capabilities, and that 40 expect to be ready within the next 5 years.
Operators describe their specific work developing servicing spacecraft,
orbital transfer vehicles (OTVs), life extension vehicles, end-of-life
servicing spacecraft, refueling depots, space situational awareness
spacecraft, commercial inhabitable space stations, lunar landers, and
spacecraft conducting science experiments and manufacturing in
microgravity. While Aerospace Corporation (Aerospace) sees a ``chicken
and egg'' problem regarding a lack of serviceable satellites and a lack
of servicers, it notes that SpaceLogistic's MEVs that operate on
vehicles not designed for servicing have significantly reduced this
barrier and finds the mix of old and new satellites will expand ISAM
servicing opportunities and draw in more satellite and ISAM providers.
NTIA highlights two previous successful ISAM-related demonstrations by
the Defense Advanced Research Projects Agency (DARPA) and NASA's Double
Asteroid Redirection Test (DART) to support planetary protection.
III. Discussion
A. Scope of FCC Regulations
8. The NOI queried how the FCC could support ISAM activities,
noting that the ISAM National Strategy calls for the U.S. domestic
regulatory regime to be updated to facilitate ISAM activities. The
Commission issues the NPRM in line with that call, while recognizing
that the Commission, with over 50 years of expertise in regulating
satellites, is one of several government agencies charged with
regulation and oversight of commercial activities in space.
9. The Commission's authority under the Communications Act allows
the licensing of ISAM space stations under its existing rules,
including rules that consider public interest factors. The Commission
expects to continue to rely on the expertise of its fellow agencies as
appropriate and note that its regulations on these issues are evolving
in tandem with other government efforts. The Commission also recognizes
that the United States' regulatory regime for achieving compliance with
its obligations under Article VI of the Outer Space Treaty contemplates
multiple agencies authorizing and supervising the activities of non-
governmental entities in space.
10. Planetary Protection. The NOI discussed the issue of planetary
protection, given that some recent ISAM-related license applications
are focused on lunar activities and beyond. Several commenters suggest
the Commission consider working with other agencies on planetary
protection issues instead of separately considering or taking action in
this proceeding. The Commission plans to continue to support other
agencies' efforts to develop and implement planetary protection
policies. The Commission tentatively concludes that its proposed
licensing framework for ISAM space stations should not include
independent review and action from the Commission on applicants'
planetary protection plans. The Commission seeks comment on how to
ensure that applicants work with NASA and other relevant agencies to
address planetary protection guidance and policy considerations. The
Commission expects that various applications might require planetary
protection considerations, such as small spacecraft applications. The
Commission has previously ensured that applicants work with other
federal agencies to consider planetary protection.
B. Licensing Framework for ISAM Space Stations
11. The NOI sought information on the best approaches to licensing
ISAM activities. As discussed in greater detail below, the Commission
proposes to modify its rules to create a licensing framework specific
to ISAM space stations within its part 25 rules for licensing
commercial space stations. The Commission also proposes to apply its
existing orbital debris mitigation requirements to ISAM space stations
and to address the spectrum needs of ISAM operators on a case-by-case
basis. At the same time, the Commission proposes to maintain its part 5
experimental licensing rules as an option for licensing ISAM space
stations not providing commercial service.
C. Licensing Rules for ISAM Space Stations
12. Commercial Readiness of ISAM activities. The NOI sought comment
on possible approaches for licensing different types of ISAM
operations, including servicing, assembly, manufacturing, and ADR. The
record demonstrates that various ISAM
[[Page 18878]]
operations are developing at different rates. Some commenters recommend
that the Commission develop rules specific to categories of ISAM
activities that are at a high level of technological readiness, like
servicing, while adopting broad performance-based regulations that
could apply to categories of ISAM activities that are still developing
and could become more common in the future, like assembly and
manufacturing. The Commission agrees with commenters that
communications operations of certain ISAM activities may need to be
regulated differently, but do not propose separate rules for different
types of ISAM activities at this time. Instead, the Commission proposes
to move forward by creating a new framework for applications for U.S.
authorizations or grants of market access that applies broadly to space
stations associated with all activities that fit within the proposed
definition of ISAM. Unless indicated otherwise, when the Commission
refers to the term license or licensee in this summary and in the
Notice of Proposed Rulemaking, the Commission also includes market
access grants or grantees. This proposed approach will allow applicants
for any type of ISAM activity to apply for a U.S. license or market
access grant pursuant to these new rules and will provide a framework
to support future regulations for specific ISAM activities that may be
necessary as the industry develops. The Commission seeks comment on
whether there are different factors of servicing, assembly, or
manufacturing activities that necessitate specific rules or a specific
framework at this time.
13. Licensing ISAM Space Stations Through Part 5 and Part 25.
Commenters note that ISAM remains nascent, and it may be five to ten
years before the industry generally shifts toward requiring part 25
licensing for commercial space stations (rather than part 5 licensing
for experimental space stations, which remains an important licensing
avenue for operators as ISAM technology develops). Some commenters
suggest updating the part 5 rules ``to more readily enable ISAM
operations.'' Others caution against rule updates to part 5, explaining
that ``[c]hanging the Part 5 rules would pose an unnecessary drain on
FCC resources and take years to complete.'' The Commission notes that
several ISAM space stations have successfully received experimental
licenses through the part 5 process, and therefore, it does not propose
to modify the part 5 experimental license rules at this time. The
Commission proposes to continue to utilize both part 5 and part 25
licensing in appropriate circumstances to provide radiofrequency
licensing to support ISAM development. and seek comment on this
proposal.
14. Definition of ISAM Space Station. As an initial matter, the
Commission proposes to include a definition of ``ISAM space station''
in Sec. 25.103 of the Commission's rules. The Commission proposes that
operators wishing to apply using its proposed framework for ISAM space
stations must plan to operate space stations that fit this definition,
although space stations that fall within the definition would not be
precluded from applying through its regular part 25 rules or through
its existing processes for small satellites or small spacecraft. The
Commission proposes to define ``ISAM space station'' as follows: ``A
space station that has the primary purpose of conducting in-space
servicing, assembly, and/or manufacturing activities used on-orbit, on
the surface of celestial bodies, and/or in transit between these
regimes. Servicing activities include but are not limited to in-space
inspection, life-extension, repair, refueling, alteration, and orbital
transfer of a client space object, including collection and removal of
debris on orbit. Assembly activities involve the construction of space
systems in space using pre-manufactured components. Manufacturing
activities involve the transformation of raw or recycled materials into
components, products, or infrastructure in space.'' The Commission
notes that this definition is drawn from the definition of ISAM in the
ISAM National Strategy. The Commission seeks comment on this proposed
definition. Specifically, should the Commission further define
``primary purpose'' and, if so, how? Are there ISAM activities that
would not be included in this definition? Conversely, is this
definition so broad that it risks creating confusion as to whether more
traditional space stations are included and, if so, how should it be
tightened?
15. Proposed Sec. 25.126. In general, the Commission proposes to
require applicants for authorization for ISAM space stations to comply
with the rules of either its regular part 25 licensing process or its
streamlined processes for small satellites and small spacecraft, with
some exemptions. The Commission notes that ISAM technologies are still
nascent, and it views its proposed approach to regulating ISAM space
stations as iterative, developing with the capabilities and needs of
the industry. The Commission believes licensing ISAM space stations
under its current rules, including rules for applications for grants of
market access and rules for modifications to operations, and reviewing
ISAM applications on a case-by-case basis, will allow us to address the
particular needs of ISAM space station operations of different
durations and in different orbits. The Commission believes this
proposed approach will provide the industry with flexibility while ISAM
capabilities develop. The Commission also believes this approach will
allow the Commission to continue to develop a record on ISAM while
gaining more experience licensing radiofrequency use for ISAM space
stations, allowing the Commission to be in the best position to propose
additional rule modifications if needed for ISAM space stations in the
future. The Commission seeks comment on this approach.
16. The Commission proposes to create a new Sec. 25.126--
Applications for ISAM Space Stations--to aggregate the requirements
applicants for ISAM space stations must fulfill and enumerate the
exemptions from the Commission's typical processes they are entitled
to. The Commission believes creating a new rule section specific to
ISAM space stations will make the process transparent for the industry,
providing applicants for authorization for ISAM space stations one rule
section that details the application process and clearly indicates the
other rule sections with which applicants must comply. The Commission
proposes that applicants that fit within its proposed definition of
``ISAM space station,'' detailed above, would be able to use the
proposed framework in Sec. 25.126. The Commission proposes that
operators of ISAM space stations could apply for both U.S.
authorizations and grants of U.S. market access using the proposed
framework in this section. The Commission seeks comment on this general
approach.
17. Specifically, the proposed new Sec. 25.126 would require
applicants to submit a comprehensive proposal for Commission evaluation
on Form 312, Main Form, and Schedule S, as described in Sec. 25.114(a)
through (c), consistent with the Commission's regular part 25 licensing
and small satellite and small spacecraft licensing requirements. The
Commission proposes to allow ISAM space station operators to continue
to apply under the small satellite and small spacecraft streamlined
processes, provided they satisfy all the requirements of each
respective process. The Commission proposes that ISAM space stations
that do not meet the criteria for the small satellite or small
spacecraft processes
[[Page 18879]]
would continue to be subject to the remaining licensing requirements
for GSO or NGSO operators under the Commission's regular part 25
application process and therefore would be required to provide the
information required by its rules with their application.
18. The Commission recognizes that radiofrequency operations for
ISAM space stations seem more capable of spectrum sharing than other
commercial space stations it has authorized under its part 25 rules and
generally require shorter durations of intensive communications
operations. The Commission therefore proposes to exempt all
applications for licenses for space stations that fit its proposed
definition of ISAM space stations from processing round requirements
for NGSO-like operations under Sec. 25.157 and from first-come-first-
served requirements for GSO-like operations under Sec. 25.158,
provided they certify that operations of the space station(s) will be
compatible with existing operations in the authorized frequency bands
and submit a narrative description to demonstrate spectrum sharing
capabilities are technically possible, and that the operations will not
materially constrain future space station entrants from using the
authorized frequency band(s). These proposals and exemption criteria
would be located in new Sec. 25.126 and the corresponding Sec. Sec.
25.157 and 25.158 would be updated to reflect these exemptions. The
Commission tentatively concludes that this licensing framework will
allow greater flexibility for ISAM operators looking to operate as a
GSO or NGSO space station while protecting future and incumbent
satellite operators from interference. The Commission also proposes to
include a requirement in 25.126 for ISAM operators to provide ICFS file
numbers or call signs for any FCC-related applications or grants or a
list of International Telecommunications Union (ITU) filings and United
Nations (UN) Registration information for any related space stations
not licensed or granted market access by the United States, which the
Commission explains in more detail below. The Commission notes that its
proposal to exempt ISAM operators from its processing round and first-
come-first-served queue, given relevant showings, does not modify its
obligations to coordinate authorizations with federal operators when
spectrum shared by federal and nonfederal users is requested. The
Commission seeks comment on these proposals. It also seeks comment
regarding whether other rule changes are necessary to effectuate the
proposed approaches discussed above. Commenters should specify which
rules and explain the basis for recommending additional revisions.
19. Surety bonds. In addition to the exemptions that it proposes in
25.126, the Commission also proposes to defer the posting of surety
bonds by one year after the grant of a license for ISAM operators. This
proposal is consistent with the Commission's treatment of small
satellites and small spacecraft. Spaceflight suggests that the policy
objective underlying the Commission's surety bond requirement is to
prevent operators from warehousing spectrum for years while failing to
follow through on deploying their planned system, but many ISAM
operators would meet these objectives without a bond requirement.
Spaceflight notes that ISAM space stations are not likely to have
exclusive use of spectrum and are likely to be licensed relatively
close to launch, and a surety bond would be excessive for many ISAM
operators and disproportionate to the cost of developing the space
stations. Spaceflight says these considerations match the
considerations the Commission relied on when it decided to implement a
one-year grace period for filing of a bond for satellites authorized
under the streamlined process for small satellites and recommends the
Commission adopt a rule allowing ISAM operators to demonstrate they
meet the policy objectives of the surety bond requirement in lieu of
filing a surety bond. For operators that cannot make such a showing,
Spaceflight suggests that the Commission allow ISAM operators one year
to file a bond or meet milestone requirements, in line with the rules
for streamlined small satellites and small spacecraft. Intelsat also
notes that the Commission waived bond and milestone requirements for
SpaceLogistics's MEV-1 servicer vehicle because MEV-1 and Intelsat's
satellite were treated as one for purposes of the specific operation.
While the Commission tentatively concludes that a one-year grace period
for surety bonds for ISAM space stations is appropriate, it does not
propose to follow Spaceflight's suggestion of allowing operators to
demonstrate compliance with policy objectives of the bond requirement.
The Commission believes this type of individualized showing can be
handled through a waiver request, as the Commission may waive any rule
for good cause shown according to 47 CFR 1.3. Specifically, the
Commission proposes a one-year grace period, during which ISAM space
station operators would not have to post a bond. The grace period would
begin 30 days after the license is granted, since this is typically
when a licensee would have to post the surety bond. If within the one-
year grace period, the ISAM operator satisfies the Commission's
milestone requirement, then no bond is required. This proposal is
similar to the rules regarding surety bond requirements for small
satellites and small spacecraft. The Commission seeks comment on these
proposals.
20. U.S.-Licensed Servicing and Client Operations. Starfish Space
recommends that client space stations being serviced should not need to
obtain a license modification unless the client space station will need
to use new or unlicensed frequencies during or following the servicing.
For U.S.-licensed client space stations, the Commission tentatively
agrees with Starfish that cases are limited where client operators
should be required to modify authorizations, but it does not propose to
set forth specific scenarios in which a client need not obtain a
modification. While some ISAM activities, such as inspection or repair,
might not result in changes that necessitate a modification, other
activities, including orbital transfer or mission extension, could
change the client's orbital location, which could alter the parameters
of frequency operations and orbital debris mitigation information that
was reviewed and authorized by the Commission. As ISAM capabilities are
still developing, the Commission tentatively concludes it is in the
public interest to assess whether a client space station operator
should obtain a license modification on a case-by-case basis, rather
than attempt to lay out all possible scenarios that would require
modification. The Commission seeks comment on this approach.
21. To facilitate review of whether a client space station must
seek a modification, the Commission proposes to include a requirement
in its new proposed Sec. 25.126 for ISAM space station applicants to
provide a list of FCC file numbers or call signs for all related space
stations, including experimental applications and grants and other
applications and grants under part 25. This requirement is similar to
the requirement in the Commission's streamlined process for small
satellites and small spacecraft, but the Commission proposes to expand
what it considers to be ``related'' applications and grants in the
context of ISAM applications. It proposes that related applications and
grants would include not only space stations operated by the
[[Page 18880]]
same operator, but could also include client space stations, space
stations that have become debris the applicant seeks to remediate, and
other space stations the applicant plans to interact with or
collaborate with as part of its operations. The Commission proposes to
require this information from all applicants that fit within its
proposed definition of ISAM space stations, whether the operator is
applying under the Commission's regular part 25 process or its
streamlined processes under Sec. Sec. 25.122 and 25.123. The
Commission seeks comment on this proposal.
22. International Servicing and Client Operations. The NOI asked a
number of questions regarding how to license ISAM space stations that
may plan to interact with a non-U.S.-licensed space station. When
considering U.S.-licensed space stations interacting with non-U.S.
client space stations, Blue Origin asserts that the Commission should
only seek the name of the client space station, its licensing
administration, and associated ITU filings because the client is not
seeking U.S. market access and so there should be no spectrum
management concerns to address. Despite this suggestion, the Commission
tentatively concludes that spectrum management may be implicated in
certain cases when U.S.-licensed space stations interact with or
service non-U.S. licensed space stations, given that there may be a
wide range of factual scenarios, including servicing for the purpose of
altering the location at which a client spacecraft operates or altering
other technical characteristics of operations. The Commission also
believes sufficient information concerning the proposed operations must
be available to ensure that an authorization is in the public interest.
For example, a servicing mission that contemplates facilitating client
space station operations fundamentally inconsistent with U.S.
interests, such as operations that might interfere with other U.S.
satellites, should be identified in the authorization process.
Likewise, the Commission does not propose to presume that client space
station operators are in possession of a license, as Starfish suggests.
That approach might, for example, result in the servicing mission
facilitating an activity by the client satellite that has not been
authorized by the administration to which it is subject. Therefore, for
client space stations licensed outside of the United States, both with
or without U.S. market access grants, the Commission proposes to
require that the license applicant provide the client's ITU filings and
UN registration information, as well as a discussion of regulatory
requirements to which the client satellite and its operators are
subject, and the status of any regulatory approvals required for the
client satellite's participation in the servicing activity. This
baseline information may also facilitate any necessary coordination
with other U.S. government agencies, such as the State Department. The
Commission proposes to require this information in its proposed new
rules for applications for ISAM space stations to be located in Sec.
25.126. The Commission seeks comment on these proposals.
23. International Coordination. Aerospace argues that it would be
impractical and unreasonable to require an operator to undergo the
ITU's seven-year coordination process for frequencies it will use to
service a single satellite and will not use once it moves away from
that satellite. Aerospace suggests that notifying the
Radiocommunications Bureau at the ITU of a commercial ISAM mission
would be a prudent alternative and coordination could be accomplished
for TT&C operations used throughout the life of an ISAM space station.
The Commission recognizes the current ITU process poses challenges to
ISAM operators, but the ITU Radio Regulations are a treaty by which the
United States is bound, and the Commission cannot unilaterally modify
what activities and frequencies need to be coordinated with the ITU
through a rulemaking process. The Commission therefore proposes not to
accept Aerospace's suggestion that it simply notify the
Radiocommunications Bureau at the ITU of a commercial ISAM mission
instead of coordinating in accordance with ITU Radio Regulations. But
the Commission does propose, as part of ongoing work on ISAM
activities, to continue to coordinate with other federal agencies,
including the State Department, to support international servicer-
client arrangements. The Commission seeks comment on these proposals.
D. Orbital Debris Mitigation and ISAM Space Stations
24. The NOI sought comment on orbital debris mitigation concerns
specific to ISAM activities in general. Specifically, the Commission
sought comment on how ISAM activities might not fit into its current
orbital debris mitigation requirements, for example by storing fuel on-
orbit rather than using or depleting fuel (refueling depots), or by
creating debris as byproducts of servicing or manufacturing activities,
and how the Commission might modify its current orbital debris
mitigation requirements to account for the additional risks that ISAM
operations may pose.
25. At this time, the Commission tentatively concludes to retain
the same orbital debris mitigation requirements for ISAM operators as
for other space station operators. As stated in the NOI, the
Commission's orbital debris mitigation requirements apply to all space
station operators, including operators of ISAM space stations. The
Commission notes that its current orbital debris mitigation rules are
performance based, in that they require demonstration of results rather
than dictating specific methods operators must use to meet those
results, and so the Commission proposes that it does not need to modify
its rules for ISAM communications to accommodate requests in the record
for performance-based orbital debris mitigation requirements for ISAM
space stations. The Commission's orbital debris mitigation requirements
are also based on the United States government's Orbital Debris
Mitigation Standard Practices (ODMSP) developed by NASA. The Commission
therefore does not propose to modify its orbital debris rules at this
time or to require additional orbital debris mitigation showings for
ISAM space stations in general. Rather the Commission proposes that
ISAM operators will either comply with orbital debris requirements
under the regular part 25 licensing process, or under the small
satellite or small spacecraft processes, if they apply under those
streamlined licensing processes. The Commission proposes to include a
requirement that applicants for ISAM space stations submit the orbital
debris mitigation information under the rules of their chosen
application process in the proposed new Sec. 25.126, as part of the
proposal to clearly lay out the application process for ISAM operators
in that section. The Commission also proposes to review any
applications for ISAM space stations on a case-by-case basis, just as
it does with other license applications, to ensure compliance with its
orbital debris mitigation requirements. The Commission believes this
approach will maximize operator flexibility and therefore allow ISAM
technologies and capabilities to develop while allowing the Commission
to ensure continued orbital safety for all operators. The Commission
seeks comment on this proposed approach.
26. ISAM Activities that May Pose Additional Risks. The Commission
notes that commenters suggest that some ISAM activities, such as
refueling, life extension, and orbital transfer
[[Page 18881]]
activities, along with assembly and manufacturing activities, might
pose additional risks for creating orbital debris by way of increased
risk of accidental explosions, increased risk of release of debris
during normal operations, increased risk of collisions, or decreased
post-mission disposal reliability, and therefore these space stations
must not be held to lesser standards than other operators and must be
examined closely by the Commission. It seeks comment on whether its
current orbital debris mitigation rules are sufficient to protect the
orbital environment from these additional risks. Are there additional
specific orbital debris showings the Commission should consider for
these activities?
E. Orbital Debris Remediation Activities
27. The NOI asked a series of questions to gain information on the
state of orbital debris remediation technologies and industry
development, including whether and how the Commission should consider
ADR as part of an applicant's orbital debris mitigation plan and what
actions the Commission could take to promote growth and innovation for
ADR. The Commission agrees with commenters that ISAM activities can
play a role in orbital debris remediation and space sustainability.
Aerospace asserts that some ADR technologies, such as tow truck,
robotics, and RPO technologies, are at a high level of readiness and
reliability, while other technologies, including for capture and
stabilization of debris with high spin or tumble rates, are at a much
lower level of technological readiness and reliability.
28. The Commission proposes that operators engaging in ADR and
similar orbital debris remediation activities could seek authorization
through the same process for ISAM space stations outlined in the NPRM,
including requiring space stations conducting ADR to demonstrate
compliance with the Commission's orbital debris rules. The Commission
seeks comment on this proposal. In particular, the Commission seeks
comment on whether it should impose additional requirements on
applicants for ISAM space stations conducting debris remediation
activities to mitigate potential additional risks from these
activities.
29. In response to the NOI's queries on whether ADR should be
factored into post-mission disposal requirements or otherwise be
fostered by Commission action, commenters suggest the Commission make
clear that ADR is permitted as a means to demonstrate compliance with
the Commission's orbital debris rules and recommend that the Commission
encourage all space station operators to include navigational aids and
grappling fixtures to assist with potential ADR. The Commission agrees
that acknowledging third-party services as an option for post-mission
disposal will likely further its goals of promoting innovation and
growth of ADR and will also likely provide additional flexibility to
applicants when considering their end-of-life disposal options. To
date, the Commission's rules do not prescribe any particular method of
end-of-life disposal of NGSO space stations, and instead the Commission
reviews an applicant's orbital debris mitigation plans for such
disposals on a case-by-case basis. The Commission has previously stated
that it did not intend to dismiss or foreclose direct retrieval as a
method of end-of-life disposal and that disposal plans involving direct
retrieval would be evaluated if direct retrieval were implemented in
the future. As such, the Commission does not propose to modify its
rules to list ADR explicitly as a post-mission disposal method. The
Commission notes that the ODMSP stresses the importance of ensuring
that orbital debris remediation activities do not risk creating debris
greater than the debris the operation seeks to remediate, and the
Commission therefore proposes that plans to use ADR for post-mission
disposal will continue to be reviewed on a case-by-case basis,
including review of the risk of generating debris greater than the
debris the operation seeks to remediate and human casualty risk for
remediated debris disposed of through atmospheric reentry, along with
compliance with the Commission's other orbital debris mitigation rules.
The Commission believes its proposal to review use of ADR for post-
mission disposal on a case-by-case basis is in line with its proposal
to review all ISAM space stations, including ISAM space stations
conducting ADR activities, on a case-by-case basis and will allow
maximum flexibility for operators, thereby fulfilling the Commission's
goal of promoting growth in the industry. The Commission seeks comment
on this approach.
30. Additionally, the Commission believes that Aerospace's
suggestion that the Commission require ADR plans as a back-up for large
constellations' post-mission disposal plans has merit for
consideration. In cases of large constellations, as Aerospace points
out, numerous defunct satellites could be left in orbit even while
meeting the Commission's current post-mission disposal requirements.
Given that the technology for ADR is still nascent and developing,
however, the Commission does not propose to adopt rules on this issue
at this time, but it expects to consider this possibility in the
future.
31. The NOI asked specifically whether an operator bond associated
with removal would be an appropriate mechanism for ensuring ADR.
Commenters responding to the NOI present a range of views regarding
potential bonds associated with post-mission disposal reliability, from
support for the proposal, to requests for further study, to concerns
that a bond would chill innovation and be less effective than strong
orbital debris mitigation requirements. The Commission agrees that
further consideration of this issue is warranted, but as it is also
continuing to consider post-mission disposal bonds in general in its
orbital debris proceeding, it defers this issue as related to ISAM and
debris remediation to a later time when it can consider it more fully.
32. Finally, despite the suggestions of some commenters, the
Commission defers proposals to modify regulatory and application fees
to appropriate regulatory or application fee proceedings in the future.
The Commission is required by the Communications Act to collect
application fees and regulatory fees. The Communications Act provides
specific exemptions from application fees and regulatory fees.
Moreover, the Commission's authority to waive application fees or
regulatory fees is limited to specific instances and the Commission has
consistently rejected consideration of waiving such fees for classes of
applicants or regulatees. As this proceeding progresses, the Commission
will propose any relevant regulatory fee or application fee updates for
ISAM space stations as part of future Commission's regulatory and
application fee proceedings.
F. Radiofrequency Spectrum To Support ISAM
33. The Commission tentatively concludes that various communication
activities in support of ISAM can potentially operate within several
existing service allocations, and it proposes to review ISAM operators'
requests for frequency use on a case-by-case basis, consistent with its
process for reviewing requests for frequency use for small satellites
and small spacecraft. The Commission seeks comment on these proposals.
34. Communication Operations and Service Allocations. ISAM space
station operations will require the use of telemetry, tracking, and
command (telecommand) (TT&C), as several
[[Page 18882]]
commenters note. Numerous commenters also explain that ISAM space
stations may, at times, require other communications for limited
duration, such as video, imaging, location sensing information, other
status information, and other data downlink and suggest that TT&C
allocations alone will not cover all stages of most ISAM operations.
Commenters also raise the need for communications between space
stations, such as between a servicing space station and a client or
between multiple space stations supporting a common and complex
assembly or manufacturing mission and note that these communications
may likely occur at low power given the proximity of the space stations
involved. Commenters indicate that ISAM frequency use will need to be
agile, changing to communicate with client satellites or to avoid
interfering with GSO satellites as an ISAM space station transits close
to the GSO arc. NTIA and Aerospace also note that ISAM space stations
could utilize relay satellites or satellite networks for data downlink
and other communications.
35. Numerous commenters suggest that the space operation service
(defined in 47 CFR 2.1(c)), fits well with some aspects of ISAM
operations, particularly TT&C needs, but several also note that the
space operation bands are already encumbered by federal users and
others assert that some communications needs for ISAM space stations
may not fit in this service. Some suggest that space research service,
fixed-satellite service (FSS), mobile-satellite service (MSS), inter-
satellite service, or even Earth-exploration satellite service (EESS)
allocations (all defined in Sec. 2.1(c) of the Commission's rules), as
well as experimental licensing and other flexible options could be
construed to allow for certain ISAM operations. The Commission's rules
define service allocations according to the ITU definitions, and the
Commission relies on these definitions as it considers requests for
frequency authorization as part of its licensing process. The
Commission tentatively concludes that various ISAM operations could fit
within numerous service allocation definitions. For example, the
Commission need not read the definition of space research services, ``a
radiocommunications service in which spacecraft or other objects in
space are used for scientific or technological research purposes,'' to
be fundamentally at odds with commercial satellite operations given
that the plain language of the definition does not exclude commercially
based scientific or technological research operations. Additionally,
the Commission proposes that the space operation service, which is
``concerned exclusively with the operation of spacecraft, in particular
space tracking, space telemetry, and space telecommand,'' need not be
as narrowly construed as some commenters seem to suggest. For example,
CONFERS states that the space operation service ``is not meant for
downlinking ISAM payload data.'' However, the Commission tentatively
concludes that at least some ISAM operations could fall within the
scope of the space operation definition, especially if the data in
question is related to ``the operation of spacecraft.'' At the same
time, the Commission notes that certain service allocations, such as
EESS which is focused on ``[i]nformation relating to the
characteristics of the Earth and its natural phenomena, including data
relating to the state of the environment,'' appear to be dedicated to
operations that are not typically consistent with ISAM operations.
36. The Commission proposes not to limit service allocation
designations that might be possible for ISAM operations so long as the
requested operations can justifiably fit within the service allocation
definition. As such, the Commission proposes to continue its current
practice of assessing whether an applicant's proposed ISAM operations
fall within the applicant's desired service allocation(s) on a case-by-
case basis. This proposal is consistent with the Commission's
considerations for small satellites, where the Commission recognized
small satellite operators may engage in a variety of operations. Here,
the Commission tentatively proposes to maintain as much flexibility as
possible for ISAM operators to gain authorization for their operations
so long as this does not interfere with other radiocommunications and
justifiably fits within service allocation definitions. The Commission
seeks comment on this proposal. The Commission also notes that current
satellite services offer some flexibility of use and operation. For
example, in certain cases, FSS operators are permitted to provide
service to earth stations in motion (ESIM). Similarly, a single
satellite constellation can be licensed to provide both FSS and MSS.
Given the current state of ISAM development, and the variety of
communications needs that ISAM operators may have, the Commission
believes that continuing to work within available service allocations,
with the modifications to the licensing process proposed in the NPRM,
can address many of the frequency demands for ISAM in the near term.
The Commission seeks comment on this approach.
37. Proposed Exemptions Consistent with Spectrum Sharing
Capabilities. In keeping with its proposal to provide flexibility in
considering frequency authorization, the Commission proposes to exempt
applicants for ISAM space station authorizations from NGSO-like
processing rounds and from the GSO-like first-come-first-served queue,
which they could otherwise be subject to under the current regular part
25 satellite licensing regime. This proposal is largely consistent with
the Commission's approach for NGSO small satellites and small
spacecraft, which are exempt from processing rounds where spectrum
sharing (that is, not materially constraining other operations in the
requested frequency band(s)) is shown to be possible. Commenters have
indicated that spectrum sharing is likely possible for many aspects of
ISAM operations as well. However, here the Commission expands its
proposal to include an exemption for GSO-like space station processes
as well as NGSO because the Commission recognizes that ISAM space
stations could seek to be authorized as a GSO-like space station,
whereas the Commission's small satellite process focused on NGSO-only.
The Commission tentatively concludes that ISAM-related communications
licensing would not require processing rounds for NGSO operators or a
first-come-first-served queue for GSO space stations if applicants can
demonstrate that the proposed operations are technically able to share
spectrum and not materially constrain future use of the band. Specific
showings would be laid out in the proposed Sec. 25.126, as described
above. The Commission seeks comment on this proposal and on any
alternate approaches it should consider.
38. Authorizing Frequency Consistent with Client Space Station
Allocations. The Commission recognizes commenters' interest in the
possibility of ISAM space stations receiving frequency authorization
consistent with a client's authorization, also known as frequency
``piggybacking.'' Under the Commission's current rules the MEV-1 and
MEV-2 licenses allowed for frequency ``piggybacking'' with the client
satellite for certain frequencies. For example, MEV-1, which is
attached to and provides life extension services to the Intelsat 901
satellite, is authorized to provide TT&C consistent with Intelsat 901's
licensed frequencies and parameters. NTIA notes that ``[o]ne of the
more straightforward opportunities for ISAM spectrum access is for ISAM
[[Page 18883]]
missions servicing [FSS and MSS]'' and asserts that those missions
could use ``the same spectrum used by the `client' satellite'' as was
done for the MEV-1. The Commission recognizes that such an approach may
only be an option for a small portion of ISAM space stations, because
the space stations would need to be designed with specific
communications capabilities to match operational frequencies of client
or partner satellites and may likely only fit with those providing
servicing missions, like life-extension and repair. CONFERS also
highlights that the option of relying on client frequencies will not
work for operators engaged in debris removal. Given the identified
limitations on this model, the Commission does not propose
``piggybacking'' as an overall solution for ISAM-related frequency
authorization; rather it notes that this option has been authorized
under its existing rules in the past, without requiring a change to the
Commission's rules.
39. Specific Frequency Bands. The Commission views its regulation
of radiofrequency in support of ISAM as an iterative process, and the
Commission proposes to continue case-by-case review of frequency
authorization, as opposed to proposing specific frequency bands for
ISAM-related communications' use. In doing so, the Commission
recognizes the benefit of expanding its experience with authorizing
communications operations in support of ISAM missions. The Commission
believes that creating a process for operators to identify as ISAM
space stations will allow the Commission to gather important data and
understanding regarding the future spectrum needs of ISAM operators.
Additionally, the Commission recognizes that operators are already
thinking creatively about various frequencies and service allocations
that may be able to accommodate ISAM communication needs, as discussed
above. Many commenters responding to the NOI are in favor of
identifying spectrum to support ISAM operations on a protected basis
(e.g., exclusive or co-primary). The Commission also notes that it
deferred consideration of specific frequency bands that could be used
for certain ISAM-related operations, such as RPO, from the Commission's
space launch spectrum proceeding. Yet it does not wish to prematurely
limit creativity and innovation for ISAM operators, and tentatively
conclude that a case-by-case review will allow flexibility at this time
as the Commission and other regulating bodies continue to evaluate the
spectrum ecosystem holistically. The Commission's proposal to require
frequency use authorization on a case-by-case basis is also consistent
with its treatment of small satellite and small spacecraft, with the
understanding that these operations would be carried out on a non-
exclusive, shared basis, and would not cause interference to incumbent
operators. The Commission therefore does not propose specific bands at
this time and seeks comment on this proposal.
40. Less Traditional Spectrum Use. Finally, the Commission notes
that innovation in spectrum use may open new pathways for ISAM-related
frequency use in the future. Commenters provide a range of examples and
suggestions of less traditional spectrum use, such as increased use of
inter-satellite links, in-space radar systems to be used during
proximity operations, and unlicensed Wi-Fi spectrum for servicer-to-
client satellite communications, especially when in close proximity,
e.g., during docking activities. These creative suggestions are
evidence of the innovative nature of ISAM operations, but the
Commission tentatively concludes that these suggestions will require
further study or changes at an international level, and it does not
propose any changes to its current rules in relation to these novel
suggestions.
G. Digital Equity and Inclusion
41. The NOI sought comment on ``any equity-related considerations
and benefits (if any) that may be associated with the topics
discussed'' in the NOI. Aerospace provided several comments addressing
digital equity and inclusion in the ISAM industry. Aerospace states,
``[m]aintaining satellite connectivity that is both consistent and
affordable is becoming more essential to remote regions that include
tribal lands and rural areas, as well as urban centers of typically
underserved populations disadvantaged by socioeconomic factors.'' The
Commission agrees that promoting growth of the ISAM industry could
create a safer and more sustainable space environment, which will allow
for more options for broadband service for unserved and underserved
areas.
42. Aerospace suggests that to promote digital equity and inclusion
in the ISAM industry, the Commission should encourage inclusive
business practices through incentive programs, such as reduced or
waived regulatory fees and application filing fees for federally
recognized small disadvantaged ISAM businesses and reduced or waived
fees for debris-mitigating ISAM activities. Aerospace notes that loss
of satellite connectivity caused by debris or interference could mean a
complete internet blackout for rural and other unserved and underserved
areas which lack ground connectivity infrastructure, and therefore the
Commission should work to incentivize ISAM activities which mitigate
debris. Aerospace is correct to note the importance of satellite
connectivity, particularly in unserved and underserved regions, and
ISAM activities, particularly servicing capabilities and debris
remediation, have the potential to strengthen these networks to better
serve these populations. As discussed above, however, the Commission
does not propose to reduce or eliminate fees for space stations that
adopt ISAM-compatible technology because the Commission is required to
collect application filing and regulatory fees by Congress, and the
Commission lacks authority to waive fees for whole categories of payors
or to assess fees on factors other than cost of processing filings or
regulatory burden.
43. Aerospace also proposes specific regulations for the FCC to
consider regarding spectrum which it states would benefit unserved and
underrepresented populations. Specifically, Aerospace suggests that the
``FCC could propose spectrum sharing schemes that pool spectrum for
Small Disadvantaged Businesses developing or supporting ISAM technology
dedicated to public interest efforts specific to underserved customers
or for use by academia with underrepresented student populations.'' The
Commission seeks additional comment regarding this proposal. It
recognizes the Small Business Administration has regulations and
programs for small disadvantaged businesses in the federal contracting
space. Specifically, how might the Commission categorize ``small
disadvantaged businesses'' in this context? Are there other categories
of businesses, organizations, or academic institutions that such a
program would be appropriate for? More broadly, how would such a
program work? What would the benefits and drawbacks be?
44. Finally, Aerospace suggests that the Commission consider
regulatory changes to protect educational spectrum as a public good by
requiring that educational spectrum licenses only be sold to other
educational entities. Aerospace also recommends the Commission limit
the number of leasing agreements for spectrum to prevent hording of
spectrum that could be used for ISAM operations which will benefit
unserved and underserved populations, as well as regulations preventing
[[Page 18884]]
harmful interference to spectrum users from vulnerable groups, such as
farmers, coastal fishers, and gulf states during hurricane season,
relying on accurate weather data. The Commission views these
suggestions to be beyond the scope of this rulemaking, which is focused
on developing rules to most effectively license ISAM space stations to
nurture growth in the industry and ultimately benefit the public
interest, and therefore it does not propose to incorporate Aerospace's
suggestions into the proposed rule changes in this proceeding.
45. ISAM is a nascent industry, and as such, the Commission is
seeking additional comments on ways the Commission can continue to
incentivize the growth of the ISAM industry through the proposals in
the NPRM and beyond. Furthermore, as part of the Commission's
continuing effort to advance digital equity for all, including people
of color, people with disabilities, persons who live in rural or tribal
areas, and others who are or have been historically underserved,
marginalized, or adversely affected by persistent poverty or
inequality, it continues to invite comment on any equity-related
considerations raised by the proposals made in the NPRM. Specifically,
the Commission continues to seek comment on how the topics discussed
and any related proposals may promote or inhibit advances in diversity,
equity, inclusion, and accessibility, as well as the scope of the
Commission's relevant legal authority.
IV. Initial Regulatory Flexibility Analysis
46. As required by the Regulatory Flexibility Act (RFA), the
Commission has prepared this Initial Regulatory Flexibility Analysis
(IRFA) of the possible significant economic impact on a substantial
number of small entities by the policies and rules proposed in the
Notice of Proposed Rulemaking (NPRM). The Commission requests written
public comments on the IRFA. Comments must be identified as responses
to the IRFA and must be filed by the deadlines provided on the first
page of the NPRM. The Commission will send a copy of the NPRM,
including the IRFA, to the Chief Counsel for Advocacy of the Small
Business Administration (SBA).
A. Need for, and Objectives of, the Proposed Rules
47. The Commission advances the leadership role of the United
States in space with a new framework for licensing space stations
engaged in in-space servicing, assembly, and manufacturing, known as
(ISAM), proposed in the NRPM. The NPRM reflects comments the Commission
received in response to a Notice of Inquiry on ISAM (ISAM NOI), which
requested comment on the current state of the industry, how the
Commission can best support the sustainable development of the
industry, and what tangible economic and societal benefits can result
from the expansion of capabilities facilitating the sustainable use of
space. The Commission seeks comment on several proposals relating to
changes to the Commission's rules and policies for radiofrequency
communication to foster the advancement of in-space servicing,
assembly, and manufacturing (ISAM) operations. The Commission believes
effective radiofrequency communications will enable expansion of
capabilities for space use and has proposed rules designed to
facilitate and support growth.
48. The licensing framework rules the Commission proposed in the
NPRM would accommodate authorization under part 25 of the Commission's
rules for commercial space stations engaged in ISAM operations.
Adoption of the proposed changes would modify 47 CFR part 25 of the
Commission's rules to make communication authorization for ISAM
missions more accessible while promoting efficient use of spectrum. The
ability of ISAM space station operators to apply under the existing
small satellite and small spacecraft streamlined processes would be
available to ISAM space station operators that meet the requisite
requirements for the applicable process. Licensing under part 5 of the
Commission's experimental licensing will also continue to be an option
for licensing ISAM space stations that do not provide commercial
service. The Commission's proposed approach in the NPRM to license ISAM
space stations under its current rules, and to review ISAM applications
on a case-by-case basis, will provide the industry with flexibility
while ISAM capabilities develop, and will enable the Commission to
continue developing a record on ISAM while gaining further experience
licensing radiofrequency use for ISAM space stations.
B. Legal Basis
49. The proposed action is authorized under sections 4(i), 301,
302(a), 303(e), 303(f), and 303(r) of the Communications Act of 1934,
as amended, 47 U.S.C. 154(i), 301, 302(a), 303(e), 303(f), and 303(r).
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
50. The RFA directs agencies to provide a description of, and where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules and policies, if adopted. The RFA
generally defines the term ``small entity'' as having the same meaning
as the terms ``small business,'' ``small organization,'' and ``small
governmental jurisdiction.'' In addition, the term ``small business''
has the same meaning as the term ``small business concern'' under the
Small Business Act. A ``small business concern'' is one which: (1) is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the
SBA.
51. Satellite Telecommunications. This industry comprises firms
``primarily engaged in providing telecommunications services to other
establishments in the telecommunications and broadcasting industries by
forwarding and receiving communications signals via a system of
satellites or reselling satellite telecommunications.'' Satellite
telecommunications service providers include satellite and earth
station operators. The SBA small business size standard for this
industry classifies a business with $38.5 million or less in annual
receipts as small. U.S. Census Bureau data for 2017 show that 275 firms
in this industry operated for the entire year. Of this number, 242
firms had revenue of less than $25 million. Additionally, based on
Commission data in the 2022 Universal Service Monitoring Report, as of
December 31, 2021, there were 65 providers that reported they were
engaged in the provision of satellite telecommunications services. Of
these providers, the Commission estimates that approximately 42
providers have 1,500 or fewer employees. Consequently, using the SBA's
small business size standard, a little more than half of these
providers can be considered small entities.
52. All Other Telecommunications. This industry is comprised of
establishments primarily engaged in providing specialized
telecommunications services, such as satellite tracking, communications
telemetry, and radar station operation. This industry also includes
establishments primarily engaged in providing satellite terminal
stations and associated facilities connected with one or more
terrestrial systems and capable
[[Page 18885]]
of transmitting telecommunications to, and receiving telecommunications
from, satellite systems. Providers of internet services (e.g., dial-up
ISPs) or Voice over internet Protocol (VoIP) services, via client-
supplied telecommunications connections are also included in this
industry. The SBA small business size standard for this industry
classifies firms with annual receipts of $35 million or less as small.
U.S. Census Bureau data for 2017 show that there were 1,079 firms in
this industry that operated for the entire year. Of those firms, 1,039
had revenue of less than $25 million. Based on this data, the
Commission estimates that the majority of ``All Other
Telecommunications'' firms can be considered small.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
53. The NPRM seeks public comment on proposed revisions to the
Commission's rules governing satellite and earth station applications
under 47 CFR part 25. Specifically, the NPRM proposes and seeks comment
on several rule changes that will affect ISAM communications
authorization procedures, reporting, recordkeeping, and other
compliance requirements for space station operators. The Commission
believes the proposed changes would decrease the burden in various
regards for small entities that plan to launch and operate ISAM space
stations.
54. The NPRM proposes to add a new section to the Commission's
rules, Sec. 25.126 Application for ISAM Space Stations, which
clarifies application requirements for ISAM space stations in a single
section. These proposals include documentation requirements largely
consistent with those already established for an applicant under part
25 of the Commission's rules. In proposed Sec. 25.126(a), applicants
that meet the proposed definition of ``ISAM space station'' are
directed to seek authorization and submit the requisite application
information and materials either through the Commission's regular part
25 process or through the streamlined processes for small satellites
and small spacecraft. As such, ISAM space station license applicants,
including small entities, that also meet the requirements to seek
authorization under the Commission's current streamlined processes for
small satellites or small spacecraft will be able to submit the
information and certification required in Sec. 25.122 or Sec. 25.123
rather than the regular part 25 authorization process.
55. In the new Sec. 25.126(b), the Commission proposes to exempt
small entities and other operators that meet the definition of ISAM
space stations from non-geostationary orbit (NGSO) processing rounds
and/or the first-come-first-served queue for geostationary orbit (GSO)
operators, provided the applicant certifies that the operations of the
space station(s) will be compatible with existing operations in the
authorized frequency band(s), and submits a narrative to demonstrate
spectrum sharing capabilities are technically possible, and that the
operations will not materially constrain future space station entrants
from using the authorized frequency band(s). While the exemption
contains a certification and narrative submission requirement, the
proposal is designed to provide more flexibility to small and other
operators who may want to operate as a GSO or NGSO space station, while
simultaneously providing interference protection for incumbent and
future satellite operators. The proposed rule would also reduce the
procedural requirements for small entities and other applicants.
56. Pursuant to proposed Sec. 25.126(c), ISAM space station
license applicants, including small entities, would need to provide the
International Communications Filing System (ICFS) file number for any
applications or Commission grants related to proposed operations (e.g.,
experimental license grants, other space station or earth station
applications or grants), including but not limited to client space
stations, space stations that have become debris the applicant seeks to
remediate, and other space stations the applicant plans to interact
with or collaborate with as part of its operations. Additionally, ISAM
applicants working with space stations not licensed or granted market
access by the United States would need to provide relevant information
related to those operations, including ITU file numbers and a narrative
description. However, since the international-related filing
requirements would only pertain to operators working with space
stations that are not licensed or granted market access by the United
States, the requirement for applicants who do not have such working
relationships is largely to provide the appropriate file numbers.
Therefore, the Commission does not believe the inclusion of the
proposed filing requirements in Sec. 25.126(c) will increase the
procedural compliance burdens for small entities.
57. As a mechanism for fostering the growth of the burgeoning ISAM
industry the licensing framework proposal includes a one-year grace
period for surety bonds for small and other ISM applicants, just as the
Commission has done for operators applying through the small satellite
and small spacecraft rules. The Commission seeks comment on whether any
of the burdens associated with complying with the filing,
recordkeeping, and reporting requirements in its proposed licensing
framework can be further minimized for small entities. Due to the
proposed approach to license ISAM space stations under the Commission's
current rules including allowing applicants to seek authorization under
the Commission's current streamlined processes for small satellites or
small spacecraft, the Commission does not expect that small entities
will need to hire professionals to comply with any of the requirements
for ISAM space station authorization. With regard to the compliance
costs for small entities, at this time the Commission cannot quantify
the compliance costs for small entities. The Commission therefore
expects the information it received in comments to include cost and
benefit analysis data which should help the Commission assess
compliance costs. Industry input should also allow the Commission to
identify and evaluate additional matters, and burdens relevant to small
entities that may result from the proposals and inquiries it makes in
this proceeding.
E. Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
58. The RFA requires an agency to describe any significant,
specifically small business, alternatives that it has considered in
reaching its proposed approach, which may include the following four
alternatives (among others): ``(1) the establishment of differing
compliance or reporting requirements or timetables that take into
account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance and
reporting requirements under the rules for such small entities; (3) the
use of performance rather than design standards; and (4) an exemption
from coverage of the rule, or any part thereof, for such small
entities.''
59. The Commission's consideration of rule revisions to reflect
changes and advances in the commercial space industry includes
proposals in the licensing framework that would assist in reducing the
economic impact for small entities such as exempting ISAM applicants
from the surety bond requirement for one year after an ISAM license is
granted, and not subjecting applications for ISAM space stations to
[[Page 18886]]
NGSO processing round procedures or the GSO operator queue. These
proposals are designed to lower the regulatory burden involved in
licensing ISAM operations and reduce application processing times,
thereby lessening the burden of compliance on small entities with more
limited resources than larger entities. The Commission considered not
providing these exemptions, which would require ISAM operators,
including small entities, applying under the Commission's regular part
25 process to engage in a more lengthy and complex procedural process.
ISAM applicants for example, could be placed in a processing round or
required to submit requests for waiver, which the Commission believes
may have a greater impact on small entities than the NPRM's proposal to
exempt ISAM operators from these processes so long as they provide the
requisite demonstrations for spectrum sharing. In the formulation of
its surety bond requirement proposal, the Commission considered a
recommendation that ISAM operators be allowed to demonstrate compliance
with the policy objectives of the surety bond requirements in place of
filing an actual surety bond. Implementation of this recommendation
would introduce additional review into the licensing process on a
larger scale than allowing individual applications to demonstrate such
showings through a waiver request, which is currently an available
avenue for applicants under the Commission's general waiver rules,
therefore the Commission did not include this in the proposal.
60. Small entities and other operators meeting the proposed
definition of an ISAM space station would be required to include some
additional information with their application by providing the ICFS
file numbers for related applications or grants of authority, if this
proposed rule is adopted. This requirement may ultimately lower the
impact on small entities and other operators however, since providing
the file numbers up front could lower the need for, and costs
associated with additional follow-up and review at a later stage of the
application process. Similarly, the Commission believes that the
proposed requirement for ISAM applicants to provide relevant
international filings for related space stations not licensed or
granted market access by the United States while creating some
additional steps on the front end, will ultimately lead to a smoother
review process for small entities and other applicants who may be
servicing or partnering with foreign-licensed space stations as part of
their operations.
61. Although the Commission ultimately proposed to continue the use
of part 5 and 25 rules for the ISAM space station operation licensing
framework, it considered various alternatives for the framework
proposal. The Commission assessed for example the use of different
licensing requirements for different types of ISAM activities. Rather
than proposing to adopt different regulatory requirements, the
Commission chose to propose a broad licensing framework for space
stations that could be applicable to all activities that fall within
the proposed definition of ISAM. The proposed licensing framework
provides small entities and other ISAM space station applicants with
several options to use to apply for authorization. The option available
for small entities meeting the process requirements to utilize the
Commission's existing streamlined processes for small satellites and
small spacecraft as described in the NPRM should reduce the impact for
these applicants because of the reduced burden of the streamlined
processes. Small entities seeking Commission authorization as ISAM
space station operators may already have experience, and familiarity
with the existing processes, and have cost-effective and efficient
internal procedures in place to execute the streamlined processes. To
the extent a small entity does not meet the requirements for the
streamlined processes for small satellites and small spacecraft and
seeks authorization through the regular part 25 process, the proposed
exemptions and reduced regulatory burdens discussed above will result
in a less arduous and costly approach than would be available in the
absence of the new section and other proposed rule changes. Small
entities may also benefit from the continuation of the part 5 process
as a means of authorization since several ISAM space stations have
secured experimental licenses using this process. Similarly, the part 5
process may be of assistance to small entity ISAM applicants with an
interest in market trials.
62. In response to the ISAM NOI, comments were filed involving
spectrum regulation impacting small disadvantaged businesses. The
Commission considered these comments which suggest the Commission
propose spectrum sharing arrangements to pool spectrum impacting small
disadvantaged businesses that develop, or support ISAM technology
targeting underserved customers, or academic institutions with
underrepresented student populations, and in the NPRM the Commission
requested additional comment on this proposal, including how such
arrangements would work, and the benefits and drawbacks of such
arrangements. The Commission expects to consider this, and other issues
discussed herein, as well as the economic impact on, and alternatives
for small entities, based on its review of any comments filed in
response to the NPRM and the IRFA.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
63. None.
V. Ordering Clauses
64. Accordingly, it is ordered that, pursuant to sections 4(i),
301, 302(a), 303(e), 303(f), and 303(r) of the Communications Act of
1934, as amended, 47 U.S.C. 154(i), 301, 302(a), 303(e), 303(f), and
303(r), the Notice of Proposed Rulemaking is adopted.
65. It is further ordered that, the Commission's Office of the
Secretary, Reference Information Center shall send a copy of the Notice
of Proposed Rulemaking, including the Initial Regulatory Flexibility
Act Analysis, to the Chief Counsel for Advocacy of the Small Business
Administration, and shall cause it to be published in the Federal
Register.
List of Subjects in 47 CFR Part 25
Administrative practice and procedure, Earth stations, Satellites
Federal Communications Commission.
Marlene Dortch,
Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 25 as follows:
PART 25--SATELLITE COMMUNICATIONS
0
1. The authority citation for part 25 continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 310, 319,
332, 605, and 721, unless otherwise noted.
0
2. Amend Sec. 25.103 by adding the definition of ``ISAM Space
station'' in alphabetical order to read as follows:
Sec. 25.103 Definitions.
* * * * *
ISAM Space station. A space station which has the primary purpose
of conducting in-space servicing, assembly, and/or manufacturing
activities used on-orbit, on the surface
[[Page 18887]]
of celestial bodies, and/or in transit between these regimes and which
are supported by radiofrequency operations. Servicing activities
include but are not limited to in-space inspection, life extension,
repair, refueling, alteration, and orbital transfer of a client space
object, including collection and removal of debris on orbit. Assembly
activities involve the construction of space systems in space using
pre-manufactured components. Manufacturing activities involve the
transformation of raw or recycled materials into components, products,
or infrastructure in space. ISAM space stations are eligible for
authorization under the application process described in Sec. 25.126.
* * * * *
0
3. Add Sec. 25.126 to read as follows:
Sec. 25.126 Applications for ISAM Space stations.
(a) This section shall only apply to applicants for ISAM space
stations as defined in Sec. 25.103. Applicants seeking authorization
for ISAM space stations must submit a comprehensive proposal for
Commission evaluation on FCC Form 312, Main Form and Schedule S, as
described in Sec. 25.114(a) through (c), together with the information
required in Sec. 25.114(d)(14) or, if the applicant is seeking
authorization under the streamlined processes for small satellites or
small spacecraft, the information required in Sec. 25.122(c) and (d)
or Sec. 25.123(b) and (c).
(b) Applicants for ISAM space stations will not be placed in a
processing round for NGSO-like operations under Sec. 25.157 or placed
in a queue for GSO-like operations under Sec. 25.158, provided:
(1) The applicant certifies that operations of the space station(s)
will be compatible with existing operations in the authorized frequency
band(s) and will not materially constrain future space station entrants
from using the authorized frequency band(s); and
(2) The applicant submits a narrative description of means by which
requested spectrum could be shared with both current and future
operators, (e.g., how ephemeris data will be shared, antenna design,
earth station geographic locations) thereby not materially constraining
other operations in the requested frequency band(s).
(c) Applicants for ISAM space stations must also provide the
following:
(1) A list of the FCC file numbers or call signs for any
applications or Commission grants related to the proposed operations
(e.g., experimental license grants, other space station or earth
station applications or grants), including but not limited to client
space stations, space stations that have become debris the applicant
seeks to remediate, and other space stations the applicant plans to
interact with or collaborate with as part of its operations.
(2) A list of the International Telecommunications Union filings
and United Nations Registration information for any space stations not
licensed or granted market access by the United States that are related
to the proposed operations, including but not limited to client space
stations, space stations that have become debris the applicant seeks to
remediate, and other space stations the applicant plans to interact
with or collaborate with as part of its operations.
(3) For all related space stations included under paragraph (c)(2)
of this section, a narrative description of the regulatory requirements
to which these related space stations are subject and the status of
licenses of these related space stations.
* * * * *
0
4. Amend Sec. 25.137 by revising paragraph (b) to read as follows:
Sec. 25.137 Requests for U.S. market access through non-U.S.-licensed
space stations.
* * * * *
(b) Any request pursuant to paragraph (a) of this section must be
filed electronically through the International Communications Filing
System and must include an exhibit providing legal and technical
information for the non-U.S.-licensed space station of the kind that
Sec. Sec. 25.114, 25.122, 25.123 or Sec. 25.126 would require in a
license application for that space station, including but not limited
to, information required to complete Schedule S. An applicant may
satisfy this requirement by cross-referencing a pending application
containing the requisite information or by citing a prior grant of
authority to communicate via the space station in question in the same
frequency bands to provide the same type of service.
* * * * *
0
5. Amend Sec. 25.157 by revising paragraph (i) to read as follows:
Sec. 25.157 Consideration of applications for NGSO-like satellite
operation.
* * * * *
(i) For consideration of license applications filed pursuant to the
procedures described in Sec. Sec. 25.122, 25.123, or Sec. 25.126 the
application will be processed and granted in accordance with Sec. Sec.
25.150 through 25.156, taking into consideration the information
provided by the applicant under Sec. Sec. 25.122(d), 25.123(c), or
Sec. 25.126(b) but without a processing round as described in this
section and without a queue as described in Sec. 25.158.
0
6. Amend Sec. 25.158, by revising paragraph (a)(2) to read as follows:
Sec. 25.158 Consideration of applications for GSO-like satellite
operation.
(a) * * *
(2) The procedures prescribed in this section do not apply to an
application for authority to launch and operate an ISAM space station
that meets the relevant criteria in Sec. 25.126(b). The procedures
prescribed in this section also do not apply to an application for
authority to launch and operate a replacement space station that meets
the relevant criteria in Sec. 25.165(e)(1) and (e)(2) and that will be
launched before the space station to be replaced is retired from
service or reasonable time after the loss of a space station during
launch or due to premature failure in orbit.
* * * * *
0
7. Amend Sec. 25.165 by revising the introductory text of paragraph
(a) to read as follows:
Sec. 25.165 Surety bonds.
(a) For all space station licenses issued after September 20, 2004,
other than licenses for SDARS space stations, space stations licensed
in accordance with Sec. Sec. 25.122, 25.123, or Sec. 25.126, and
replacement space stations as defined in paragraph (e) of this section,
the licensee must post a bond within 30 days of the grant of its
license. Space stations licensed in accordance with Sec. Sec. 25.122,
25.123, or Sec. 25.126 must post a bond within one year plus 30 days
of the grant of the license. Failure to post a bond will render the
license null and void automatically.
* * * * *
[FR Doc. 2024-05389 Filed 3-14-24; 8:45 am]
BILLING CODE 6712-01-P