NGSO Protection Sunset, Section 214 Renewal Framework Items OK'd
Despite considerable lobbying from some satellite operators for a different time frame, the FCC stuck with a 10-year sunset for interference protections in its order and NPRM passed 4-0 Thursday regarding spectrum sharing procedures among non-geostationary orbit (NGSO) fixed satellite systems (FSS) approved in different processing rounds. The commissioners at their open meeting also unanimously adopted a framework for requiring companies to renew their Section 214 authorizations to provide international telecommunications services to and from the U.S. and an order expanding its access stimulation rules to traffic that terminates through IP enabled service providers, as well as receiver standard and wireless emergency alert items (see 2304200040).
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Keeping the 10-year sunset was expected (see 2304120023). Commissioner Brendan Carr said the order creates an incentive structure for competitors to work out interference issues. Chairwoman Jessica Rosenworcel said while being in an earlier processing round provides first-mover advantage, which in turn means "certainty needed to invest in costly and complex satellite deployments," if it goes on too long that first-mover advantage "shuts out would-be competitors, prevents newer deployments, and discourages operators from transitioning to more efficient systems that are better suited to sharing." The sunset means earlier systems "will enjoy the advantage they’ve earned by daring to think big and take on that risk, but they won’t be able to hold on to that regulatory privilege forever," she said.
The Section 214 international authorizations order and NPRM would “take another important step towards protecting the nation’s telecommunications infrastructure from threats in an evolving national security and law enforcement landscape," said Ethan Lucarelli, chief of the new Office of International Affairs.
The order authorizes a one-time collection of foreign ownership information from holders of international Communications Act Section 214 authorizations. It seeks comment on rules requiring carriers to renew these authorizations every 10 years, “or in the alternative,” requiring periodic updates “enabling the Commission to review the public interest and national security implications of those authorizations based on that updated information.” It also seeks comment on other potential changes to the authorization process could be improved.
The time is “overdue” for the FCC to update its records on holders of international authorizations, said Commissioner Geoffrey Starks. “We absolutely should be considering either a renewal or periodic review process for these authorizations, consistent with our rules for other commission licenses and authorizations,” he said: “In doing so, we should be collecting proper information that will allow the FCC and our national security colleagues to determine whether an international 214 authorization continues to serve the public interest or poses a national security risk.”
While there is nothing in FCC rules that requires it to generally reassess a foreign carrier’s authorization to provide service, "this is in stark contrast to most other authorizations granted by the agency that must be considered on a periodic basis," Rosenworcel said.
The access stimulation rule is aimed at closing a loophole from the agency's 2019 order on the issue, Rosenworcel said: "There are still some entities determined to exploit the system. Now that we have identified this loophole, we need to shut it down." An AT&T spokesperson said the company "welcome[d] the commission’s action to help prevent scammers from artificially inflating the amount long-distance carriers must pay them to connect calls.”
The new rules establish a bright-line methodology for calculating the traffic ratios for IP-enabled service providers and local exchange carrier providers. The order also defined an IPES provider for purposes of access stimulation rules and end office equivalent for instances where a provider does not have a traditional end office. "When people identify or exploit loopholes, it's important that we be diligent in addressing that," Carr said. "We will have to keep whacking" at the issue, Simington said. Starks noted the issue is "going to continue to be something we focus on until we get it right."