Direct-to-Handset Framework NPRM Seen Getting Approved; Operators Push Changes

A satellite company regulatory official said satellite NPRMs and notices of inquiry generally get unanimous approval, and this particular one on a proposed framework for allowing transmissions between satellites and consumer handsets using only spectrum available on terrestrial networks seems unlikely to raise immediate concerns. It limits its proposal just to areas where there's only one terrestrial entity with the co-channel licenses for the relevant frequencies and where there aren't primary nonflexible-use incumbent operations in the band, which the official said are big parts of not raising red flags. Per the NPRM, those limits "allow us to enable a potentially valuable supplemental service, while substantially minimizing the risks of harmful interference to the existing terrestrial networks on which so much of the nation’s communications rely." The NPRM does ask about the potential for expanding the framework to allow operations in bands and locations outside what the agency is proposing now, and asks for input about technical and legal concerns.

"There will be a myriad of technical challenges in making Supplemental Coverage from Space a reality," Venable's Laura Stefani and Melanie English blogged, also predicting likely adoption. The agency will likely need years to work out technical and operational specifics needed to enact the plan, they said. They said key issues in the NPRM include protecting incumbent users and ensuring continuity of service for 911 and emergency alerts. It will also be a challenge working out with Canada and Mexico how to guarantee the satellite transmissions don't interfere with their radio communications.

Satellite operators with direct-to-handset plans are pushing for some changes to the NPRM.

The FCC should tentatively conclude processing rounds aren't necessary under its proposed supplemental coverage from space (SCS) framework, SpaceX said in docket 23-65 Thursday. The framework proposal involves "a one-to-one business and technology partnership between a satellite operator and terrestrial licensee that precludes mutually exclusive applications," it said. Absent another satellite applicant with the right to operate in the bands without the same agreements, "there is no chance for legitimate, competing applications under the Commission’s initial proposal and no need for a processing round," it said. SpaceX also urged the agency to swap its proposal to require blanket earth station licenses for terrestrial mobile devices with a request for comment on the most efficient means to accommodate device handsets in the SCS framework. It also said satellite licensees offering SCS services should keep their regulatory status as non-common-carrier mobile satellite service providers, and any commercial mobile radio service 911 requirements be phased in.

The proceeding should expand to include part of the 700 MHz band allocated to FirstNet, AST SpaceMobile said, recapping meetings it had with the commissioners' offices and a meeting it and AT&T had with the International and Wireless bureaus and Office of Engineering and Technology. Supplementing public safety broadband coverage of unserved and underserved areas from space "is particularly valuable for first responders and FirstNet," it said. AST also urged the proposed rules to cover bands that include multiple licensees across geographically adjacent markets. The current proposal "would foreclose the vast majority of the bands proposed" for direct-to-handset service in the continental U.S. "simply because they would not be able to meet the definition of a nationwide, single-licensee," AST said. Instead, the agency should allow applicants that can show their direct-to-handset service would comply with interference obligations for existing terrestrial service rules.

Lynk emailed us that it was pleased the FCC was moving on this and that a sizable portion of Chairwoman Jessica Rosenworcel's Mobile World Congress speech was about direct-to-handset (see 2302270069). Dish Network and EchoStar, recapping meetings held with Rosenworcel's and Commissioner Nathan Simington's offices, also said they discussed "targeted changes" to the NPRM but gave no details.