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Starlink Should Prevail in RDOF Challenge, Says Tech Think Tank

TechFreedom argued that the FCC overstated the flaws of Starlink’s network.

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Screenshot of FCC Commissioner Nathan Simington at the Commission's September 2022 open meeting.

WASHINGTON, October 6, 2022 – The Federal Communications Commission’s decision to revoke Starlink’s $885 million award was “arbitrary” and “capricious,” said TechFreedom in comments filed with the commission last week.

Starlink secured the award from the Rural Digital Opportunity Fund in December 2020, but the agency changed course and pulled the plug on the grant last August, claiming the company’s satellite technology is too new and unreliable to meet RDOF’s requirements. Starlink submitted an application for review of the decision in September.

In its filed comments, TechFreedom, a think tank “dedicated to promoting the progress of technology that improves the human condition,” argued that the FCC overstated the flaws of Starlink’s network. Starlink’s growing constellation of satellites – already numbering in the thousands – is “revolutionary,” and network performance will rapidly improve as more satellites are launched, the comments said.

In response to FCC reservations about lagging upload speeds, the TechFreedom argued that Starlink will reach the required service speeds ­in the remaining three years before the Commission’s official deadline.

“How can the FCC pull all funding for Starlink based on current speed tests for a system that is not yet fully built, and for which deployment, speed, and latency milestones don’t apply for several more years,” the think tank wrote.

TechFreedom also argued that Starlink’s is the only technology able to reach some of the hardest-to-serve areas in America: “When the dust settles on this round of broadband deployment in a few years, and the new maps still show many Americans with no access to high-speed broadband, there will be no one to blame but this Commission.”

Viasat, the Ensuring RDOF Integrity Coalition, and ADTRAN each submitted letters hostile to Starlink’s appeal. The three criticized the at-times heavy redactions in Starlink’s application for review.

“The Commission should not allow Starlink to use redactions as a shield to prevent the public from participating meaningfully in this critical proceeding,” ADTRAN wrote.

Starlink did not respond to a request for comment.

In addition, Viasat’s submission rejects the notion that Starlink will eventually meet the required performance standards: “SpaceX also was fully aware of the substantial evidence that Starlink could not meet these performance obligations—evidence that has only continued to mount in the public record since SpaceX filed its long-form application and that SpaceX has consistently refused to refute.”

Among other evidence, Viasat pointed to a recent Ookla study that showed significant drop-offs in Starlink’s median download and upload speeds relative to the previous quarter.

The FCC’s internal dissent

The revocation of Starlink’s grant was met with significant pushback from inside the Commission as well. In August, Commissioner Brendan Carr blasted the decision, saying, “The FCC’s decision offers no reasoned basis for determining that Starlink was incapable of meeting its regulatory obligations.”

Commissioner Nathan Simington outright endorsed Starlink’s challenge. “I am troubled that the decision to rescind SpaceX’s RDOF award applied standards that were not in our RDOF rules, were never approved by the Commission, and in fact made their first appearance in this drastic action,” he said.

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Satellite

FCC GOP Commissioner Endorses Satellite Streamlining Bill

The Satellite and Telecommunications Streamlining Act would ease FCC permitting for the rapidly growing satellite industry.

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Screenshot of FCC Commissioner Nathan Simington in 2021

WASHINGTON, December 12, 2022 – As Congress scrambles to negotiate an end-of-year omnibus, Federal Communications Commission Commissioner Nathan Simington on Thursday touted technical potential of satellite broadband and endorsed a bill that would streamline satellite permitting.

The bipartisan Satellite and Telecommunications Streamlining Act, introduced Thursday with the Secure Space Act, would ease the FCC’s permitting process for the rapidly growing satellite industry. It’s companion bill bars the agency from authorizing non-geostationary satellites from entities that also offer products found on the “covered list,” which identifies equipment and services that pose “unacceptable” risks to national security.

“American companies are leading the way in the space economy revolution, and Congress has recognized that we must act quickly to secure America’s role as the home to the most innovative new companies in the emerging launch and satellite sectors,” said Simington, an outspoken proponent of satellite broadband, in a statement. “There is an insatiable hunger for low-latency, high-bandwidth broadband connections in every corner of the U.S. that satellite broadband providers are racing to feed,” he added.

The junior Republican-appointed commissioner in September criticized the FCC’s revocation of a $885 million, Rural Digital Opportunity Fund award to satellite-broadband provider Starlink. Commissioner Brendan Carr also criticized the flip-flop. At the end of September, Simington, Carr, and their colleagues unanimously adopted an order that required the removal of satellite debris from space, and in November, Chairwoman Jessica Rosenworcel announced the inception of a dedicated space bureau at the agency.

Outside the FCC, many experts say current satellite broadband is technologically incapable of providing reliable broadband, an assessment echoed by the National Telecommunications and Information Administration in its guidelines for the $42.45 billion Broadband Equity, Access, and Deployment fund.

Will bipartisan broadband bills beat the buzzer?

The Broadband Grant Tax Treatment Act, a bill that would make non-taxable broadband grants from the BEAD program and the American Rescue Plan Act, may yet become law by year’s end, spokespeople for Sen. Mark Warner, D-Va., and Rep. Mike Kelly, R-Penn., told Broadband Breakfast Monday.

And if the bill isn’t passed this month, the spokespeople said, each legislator plans to advance it in the 118th Congress.

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Satellite

LEO Technology Could Connect the Unconnected, Although Capacity Questions Remain

Unlike geostationary satellites, LEOs offer a connection that can support real-time communication.

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Screenshot of Internet Society Director of Online Content Dan York

WASHINGTON, December 2, 2022 — Low earth orbit satellites have the potential to provide life-changing connectivity for rural and underserved users if they can overcome issues of affordability and sustainability, according to Dan York, director of online content for the Internet Society.

Speaking at a Friday event hosted by the Gigabit Libraries Network, York explained that LEO technology can help to not only connect the two billion people worldwide who are unserved but also improve connectivity for the underserved.

Traditional geostationary satellites can provide some connectivity, but the high latency prevents uses like video calling or online gaming. LEOs offer a low-latency, high-speed connection that supports real-time communication.

In addition to being an interim solution while fiber buildout takes place, LEOs can provide redundancy during disasters and other outages, said Don Means, director of the Gigabit Libraries Network.

York agreed, noting that LEO satellites played an important role in providing connectivity during the aftermath of Hurricane Ian or during wildfires in California.

“Starlink makes it super easy because they can bring one of their trailers into a location, put up a Starlink antenna on the top, bring that connectivity down and then they can share it locally with Wi-Fi access points or cellular access points so people can be able to get that kind of connectivity — first responders, but also people in that local community.”

LEO satellites can provide connectivity even for certain locations that lack a ground station by using inter-satellite lasers, York added.

There are three primary LEO system components. Satellite constellations are made up of hundreds or thousands of satellites, launched into orbit and arranged into “shells” at various altitudes.

User terminals facilitate the transmission and receipt of data to and from the satellites. The antennas are “electronically steerable,” meaning that they can track multiple satellites without physically moving.

The final LEO system component is ground stations, also known as gateways, which are the large antennas and facilities that connect the satellites to the internet.

Advances in rocket technology are driving an increase in LEO satellites, York said. For example, SpaceX is reusing rockets, making launches less expensive. The relatively smaller size of LEO satellites means that they can be mass produced using assembly lines.

However, affordability is still a barrier to widespread adoption, York said. Another challenge is competition with mobile telecom companies for spectrum allocation. ISOC recently released a study discussing these issues and making recommendations for their resolution.

There is also still some uncertainty about the capacity of these connections, York said, pointing to anecdotal reports as well as an Ookla study showing that Starlink’s capacity had decreased in certain areas.

“How much of that is growing pains while Starlink continues to build out the rest of its constellation, versus how much of it might be inherent limitations within the systems?” he asked. “We don’t know. I think we probably won’t know until more of these systems get up and are launched.”

Despite these questions, York was optimistic about the promise of LEO technology: “I think there’s great potential that these systems, as they come online, can truly offer us ways to connect the unconnected.”

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FCC

FCC to Establish New Space Bureau, Chairwoman Says

‘The new space age has turned everything we know about how to deliver critical space-based services on its head.’

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Photo of FCC Chairwoman Jessica Rosenworcel, via fcc.gov

WASHINGTON, November 3, 2022 — The Federal Communications Commission will add a new space bureau that will modernize regulations and facilitate innovation, Chairwoman Jessica Rosenworcel announced Thursday.

The new bureau is intended to facilitate American leadership in the space economy, boost the Commission’s technical capacity, and foster interagency cooperation, Rosenworcel said, speaking at the National Press Club.

“The new space age has turned everything we know about how to deliver critical space-based services on its head,” Rosenworcel said. “But the organizational structures of the [FCC] have not kept pace,” she added.

The space economy is “on a monumental run” of growth and innovation, the chairwoman argued, and the FCC must remodel itself to facilitate continued growth. Rosenworcel said the commission is currently reviewing 64,000 new satellite applications, and she further noted that 98 percent of all satellites launched in 2021 provided internet connectivity. By the end off 2022, operators will set a new record for satellites launched into orbit, she said.

The FCC will not take on new responsibilities, Rosenworcel said, but the announced restructuring will help the agency “perform[] existing statutory responsibilities better.” In September, Rep. Cathy McMorris Rodgers, R–Wash., warned the FCC against overreaching its statutory mandate and voiced support for robust congressional oversight – a position reiterated by House staffers Wednesday.

“The formation of a dedicated space bureau within the FCC is a positive step for satellite operators and customers across the United States,” said Julie Zoller, head of global regulatory affairs at Amazon’s satellite broadband Project Kuiper, on a panel following Rosenworcel’s announcement.

“An important part of [Rosenworcel’s] space agenda is ensuring that there is a competitive environment in all aspects of that space,” said Umair Javed, the chairwoman’s chief counsel, during the panel. “So we’ve taken action to update our rules on spectrum sharing to make sure that there are opportunities for multiple systems to be successful in low Earth orbit.

“We’ve granted a number of experimental authorizations to companies that are doing really new…things,” Umair continued.

The FCC in September required that low–Earth orbit satellite debris be removed within five years of mission completion, a move Rosenworcel said would clear the way for new innovation.

In August, the FCC revoked an $885 million grant to SpaceX’s Starlink satellite-broadband service. FCC Commissioners Brendan Carr and Nathan Simington criticized the reversal, and Starlink has since appealed it.

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