Lockheed/SpaceX Spectrum Clash Could Be Prelude to Bigger Launch Industry Fight
It's unclear whether other emerging space launch companies will enter the dispute between SpaceX and Lockheed Martin over possible spectrum allocation for commercial space launch operations, at least in the near term, satellite industry experts told us. But the growing volume of space launches expected in coming years will bring increased calls on the FCC to make space launch spectrum available, said Richard Rocket, CEO of commercial space consulting firm NewSpace Global.
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The FCC, Federal Aviation Administration, Air Force and NASA are seeing increased pressure from the commercial space launch industry to reduce regulatory hurdles and allow commercial activity, driven by a growing domestic launch industry and operators in China and India looking to enter the U.S. market, Rocket said. But SpaceX, being the most mature of the new generation of launch operators, is most oriented to trying to reduce some licensing issue hurdles, Rocket said, while other companies are generally pre-operational. "Fast forward maybe five years, if the FCC hasn’t made any significant changes ... you might see a conglomerate of companies lobbying," he said.
Lockheed and SpaceX have pushed diametrically opposed arguments in eighth-floor meetings in recent days. The FCC's special temporary authority (STA) system works equitably well for all commercial launch operators, and any new commercial spectrum allocation "may introduce new burdens and alter the equitable access to spectrum" among the various commercial launchers, Lockheed representatives told the FCC, said a pair of ex parte filings posted Monday in docket 13-115.
If the commission does make new allocations in the 2.2 GHz band for commercial launches, they should be on a secondary basis and the agency should ensure all commercial launch providers are accommodated equitably and still use the STA approach as the licensing model, Lockheed said. It said NTIA should keep jurisdiction over allocations in the 420-430 MHz, 2200-2290 MHz and 5650-5925 MHz bands that support launch spectrum, but it would support a rulemaking in the 2360-2395 MHz band for any spectrum needs that can't be accommodated in the 2.2 GHz band. The Lockheed filings recapped meetings between Jennifer Warren, vice president-technology policy and regulation, and Scott Kotler, director-technical regulatory affairs, with Rachael Bender, an aide to Chairman Ajit Pai, and Erin McGrath, an aide to Commissioner Mike O'Rielly.
SpaceX pushed for allocating spectrum for commercial space launch operations, saying it would be a big step toward someday streamlining launch spectrum licensing -- an issue of growing importance given the increasing volume of commercial launches and recovery activities, said an ex parte filing posted Friday in the docket by that company. The filing recapped a meeting involving Pai and Bender with SpaceX President Gwynne Shotwell, General Counsel Tim Hughes and Vice President-Satellite Government Affairs Patricia Cooper. SpaceX said it urged the FCC to implement allocations suggested last fall by NTIA (see 1610040019) and to make available all the spectrum needed for commercial launch activities. SpaceX similarly met with Pai's office last month to lobby on the NTIA proposal.
The proceeding might not go anywhere anytime soon, given the issues the FCC has on its plate, like the incentive auction, and the plethora of non-geostationary orbit satellite applications before the International Bureau, said a lawyer with satellite clients. The lawyer said companies' positions reflect incumbent Lockheed being comfortable with the status quo, while newcomer SpaceX -- looking at a frequent launch model and perhaps multiple launch sites -- needs either to get creative with allocated spectrum or to have access to more.