Tim Warren

The rapid and continued growth of Ka-band satellite services has several satellite companies and organizations working to develop rules both at the national level around the world and within the ITU, said industry executives. With numerous satellites already including Ka-band capabilities and many more to come, the companies and groups are working to come up with rules to facilitate Ka-band development, executives say. A Global VSAT Forum (GVF) white paper released Thursday describes some hoped-for rules and a “best practices guide” for national Ka-band regulation.

Globalstar’s path forward for offering terrestrial service in its mobile satellite service (MSS) spectrum appears to have several immediate obstacles, said industry executives. Globalstar maintains that the use of its terrestrial spectrum is relatively straightforward since the agency previously approved Globalstar’s use of ancillary terrestrial spectrum. Globalstar, which had its ATC abilities suspended, hopes to regain ATC compliance to use Big Low Earth Orbit L-band (1610-1617.775 MHz) and the S-band (2483.5-2495 MHz) terrestrially. Globalstar has said it should receive an FCC ATC gating criteria waiver, similar to the one received by LightSquared and being sought by Dish Network, that would allow Globalstar to offer terrestrial-only service.

The wait for rules on aeronautical mobile satellite services (AMSS) hasn’t particularly hurt the in-flight satellite broadband industry, executives said. But the FCC proceeding, which began in 2005, deserves to be wrapped up to give regulatory certainty for such services, they said. The International Bureau is largely finished writing the rules, said an executive.

Emails among White House officials released late Friday (CD Nov 21 p1) reflect the gradual dimming of LightSquared’s prospects following the FCC’s conditional waiver grant to the company and accompanying political scrutiny. While initially discussed with optimism at the White House a year ago, as recently as September an Office of Science and Technology Policy official asked a Harbinger Capital Partners representative to stop communicating on the matter, the emails show. The emails were obtained by the Citizens for Responsibility and Ethics in Washington through the Freedom of Information Act (http://xrl.us/bmi7o2). The emails also show the GPS industry working hard to convince the White House of interference issues. The White House didn’t comment.

A draft version of the FCC’s declaratory ruling on third-party violations of the Telephone Consumer Protection Act (TCPA) would use agency law rather than strict liability to determine liability, said industry executives. While the draft could be changed while on circulation, the use of agency law would mark a partial win for commercial interests, such as Dish Network. Both commercial interests and the government have been meeting frequently with commissioners’ staff over the last week.

An amendment introduced Wednesday by Sen. Pat Roberts, R-Kan., would prevent the FCC from using any appropriated funds to allow LightSquared to begin terrestrial service. The amendment would be attached to the Financial Services and Government Affairs Appropriations Bill which is before the Senate. The amendment is similar to an amendment to a companion bill introduced in the House of Representatives earlier this year (CD June 24 p1).

Important questions remain on the viability of on-orbit servicing technologies aimed at extending the life of satellites, Arianespace President Clay Mowry said at the Washington Space Business Roundtable. The idea has floated around the industry for years, he said Tuesday. While the ideas have gained prominence in recent months, with MDA and ViviSat touting coming technologies, much is untested and its affect on the launch industry remains unclear, he said. “We need to see the concept proven out."

A coming review of satellite export control changes by the U.S. departments of Defense and State is the necessary next step before legislation on the same issue makes headway, said industry and government officials. While HR-3288, introduced by House Foreign Affairs Ranking Member Howard Berman, D-Calif. last week (CD Nov 3 p13), created a vehicle for such a change, the final Section 1248 report will be a necessary step, they said. The bill would give the Executive Office of the President back the authority to remove commercial satellites and components from a munitions list closely regulated by the State Department.

Supreme Court justices showed significant concern over the possibility of Orwellian ramifications concerning warrantless tracking using secretly installed GPS devices, during oral argument in Jones v. U.S. Tuesday. The high court is deciding the constitutionality of the practice under the Fourth Amendment. The issue was raised in the investigation and trial of Antoine Jones, who was suspected of dealing cocaine and was tracked with GPS for a month without a valid warrant. Much of the hearing focused on the “reasonable expectation of privacy,” as defined by Katz v. U.S., and the effect of changing technologies on police surveillance.

Dish Network and Sprint Nextel settled a years-long legal battle over the cost of relocating broadcast auxiliary spectrum from the 2 GHz band, the companies said Friday. The confidential settlement should help Dish in its pursuit of FCC approval for the company’s purchase of DBSD and TerreStar, which control a combined 40 MHz of S-band spectrum, said industry executives. Dish is buying the companies out of bankruptcy. Other wireless filers in the proceeding pointed to procedural concerns.