On April 10, 2021, I joined a broad panel of thought leaders in space law and policy at the 30th DePaul Law Review Symposium chaired by Charlie Ingram. I discussed "Practicing Law in the Space Regulatory Regime" and, clearly not as thoroughly as they deserve, touched on #ITAR and #EAR; regulation of launch licenses and sites; FCC and orbital debris regulations; the solar reflectivity of satellites; SATCON1 and Dark & Quiet Skies; and my #python work in the satellite area. This represents the PDF handout from my presentation.

1. 4/10/21
1
1
The Future of Outer Space Regulation
DePaul Law Review Symposium
Practicing Law in the Space Regulatory Regime
Charles Lee Mudd Jr.
April 10, 2021
© 2021 Charles Lee Mudd Jr.
2

2. 4/10/21
2
3
4

3. 4/10/21
3
5
6

4. 4/10/21
4
7
8

5. 4/10/21
5
9
10

6. 4/10/21
6
What is Space Law?
Domestic law specifically focused
on non-terrestrial matters or
space
Domestic Space Law
The regulatory agencies and regulations
emanating therefrom that have
applications to space.
Regulatory Regime
international law specifically focused on
non-terrestrial matters or space
International
Space Law
Subset of the Regulatory Regine,
laws that may not appear related to
space industry but happen to be.
Nuanced Law
Space Law necessarily begins
with the foundation of
existing laws in diverse
substantive areas.
Traditional Law
11
What is Space Law?
The regulatory agencies and regulations
emanating therefrom that have
applications to space.
Regulatory Regime
12

7. 4/10/21
7
FAA NOAA
DOS
DOC
NTIA
Congress
Congressional Committees
FCC ECFS
ITAR
EAR
13
FAA NOAA
DOS
DOC
NTIA
Congress
Congressional Committees
FCC
ITAR
EAR
ECFS
Regulations.gov
14

8. 4/10/21
8
15
16

9. 4/10/21
9
17
18

10. 4/10/21
10
19
20

11. 4/10/21
11
21
22

12. 4/10/21
12
23
24

13. 4/10/21
13
Space Related Laws and Regulations
ITAR – EAR
FAA
FCC
NOAA
25
To Whom Does ITAR Apply?
Ultimately, ITAR is meant to regulate the export, import, sharing, etc.
of items and information found on the United States Munitions List.
22 CFR §§ 120-130
ITAR
26

14. 4/10/21
14
Why Be Concerned?
Violation of ITAR
“shall upon conviction be fined for each violation not more than
$1,000,000 or imprisoned not more than 20 years, or both…”
22 U.S.C. § 2778 (c) (referred to by 22 C.F.R. § 127.3)
ITAR
27
What is Violation of ITAR?
To engage in activities without
(1) first registering or obtaining the required license or written
approval
(2) complying with the registration requirements
ITAR
28

15. 4/10/21
15
What is Violation of ITAR?
ITAR
Without obtaining a license…..
29
What is Violation of ITAR?
ITAR
(1) To export or attempt to export from the United States any
defense article or technical data or to furnish or attempt to furnish
any defense service for which a license or written approval is required
by this subchapter;
(2) To reexport or retransfer or attempt to . . . any defense article,
technical data, or defense service from one foreign end-user, end-use, or
destination to another . . . for which a license or written approval is
required by this subchapter, including . . . any defense article, technical
data, or defense service that was exported from the [US] without a
license pursuant to any exemption under this subchapter;
(3) To import or attempt to import any defense article whenever a
license is required by this subchapter;
(4) To conspire to export, import, reexport, retransfer, furnish or cause to
be exported, imported, reexported, retransferred or furnished, any
defense article, technical data, or defense service for which a license or
written approval is required by this subchapter; or
30

16. 4/10/21
16
What is Violation of ITAR?
ITAR
Now, the foregoing were violations if no license obtained,
the following will be ipso facto violations….
Someone ineligible or knows someone to be ineligible and helps
(1)Apply for, obtain, or use any export control document
Someone ineligible or knows someone to be ineligible and helps
(1) Order, buy, receive, use, sell, deliver, store, dispose of, forward,
transport, finance, or otherwise service or participate in any
manner in any transaction subject to this subchapter that may
involve any defense article, where such ineligible person may
obtain any benefit therefrom
To make it a little bit more daunting
Any person who is granted a license or other approval or acts pursuant to an
exemption under this subchapter is responsible for the acts of employees,
agents, brokers, and all authorized persons to whom possession of the defense
article, which includes technical data, has been entrusted regarding the
operation, use, possession, transportation, and handling of such defense article
abroad.
31
What is Violation of ITAR?
ITAR
US Munitions List
32

17. 4/10/21
17
What is Violation of ITAR?
ITAR
US Munitions List
CATEGORY XV
SPACECRAFT AND RELATED ARTICLES
(a)Spacecraft, including satellites and space vehicles, whether designated developmental,
experimental, research, or scientific, or having a commercial, civil, or military end-use, that:
(9) Provide Positioning, Navigation, and Timing (PNT) signals;
(10) Autonomously perform collision avoidance;
33
DOES EAR APPLY TO ME?
PRELIMINARY CONSIDERATIONS
15 CFR § 732, SUPPLEMENT NUMBER 2
Flowchart
EAR
34

18. 4/10/21
18
DOES EAR APPLY TO ME?
PRELIMINARY CONSIDERATIONS
15 CFR § 732,
SUPPLEMENT NUMBER 2
Flowchart
EAR
35
EAR APPLIES TO ME
FIND EXPORT CONTROL CLASSIFICATION NUMBER (ECCN) ON COMMERCE CONTROL LIST (CCL)
0B521
0 - CATEGORIES
EAR
36

19. 4/10/21
19
Presentation name goes here
Replace this overlay with your picture and set transparency to 80%
Or simply delete it if you want plain background.
00
Nuclear Materials,
Facilities and Equipment,
and Miscellaneous 03
Electronics
01
Materials, Chemicals,
Microorganisms, and Toxins 04
Computers
02 Materials Processing
05
Telecom and Information
Security
Categories
37
Presentation name goes here
Replace this overlay with your picture and set transparency to 80%
Or simply delete it if you want plain background.
06 Lasers and Sensors
09
Aerospace and Propulsion
07 Navigation and Avionics
08 Marine
Categories
38

20. 4/10/21
20
EAR APPLIES TO ME
FIND EXPORT CONTROL CLASSIFICATION NUMBER (ECCN) ON COMMERCE CONTROL LIST (CCL)
0B521
0 – CATEGORIES
B - GROUPS
EAR
39
Presentation name goes here
Replace this overlay with your picture and set transparency to 80%
Or simply delete it if you want plain background.
A
Equipment, Assemblies
and Components D
Software
B
Test, Inspection and
Production Equipment E
Technology
C Materials
Groups
40

21. 4/10/21
21
EAR APPLIES TO ME
FIND EXPORT CONTROL CLASSIFICATION NUMBER (ECCN) ON COMMERCE CONTROL LIST (CCL)
0B521
OBXYZ
0 – CATEGORIES
B - GROUPS
X – Type of Controls Associated with the Items
EAR
41
Presentation name goes here
Replace this overlay with your picture and set transparency to 80%
Or simply delete it if you want plain background.
00 National Security
03
Chemical & Biological
Weapons
01 Missile Technology
05
DOC determined National
Security or Foreign Policy
Controls
02 Nuclear Nonproliferation
06
“600 Series” formerly on
USML or on Wassenaar
Arrangement Munitions
List (WAML)
Controls (Reasons)
42

22. 4/10/21
22
Presentation name goes here
Replace this overlay with your picture and set transparency to 80%
Or simply delete it if you want plain background.
09
Anti-terrorism, Crime
Control, Regional Stability,
Short Supply, UN
Sanctions
Controls (Reasons)
43
EAR APPLIES TO ME
FIND EXPORT CONTROL CLASSIFICATION NUMBER (ECCN) ON COMMERCE CONTROL LIST (CCL)
0B521
OBXYZ
0 – CATEGORIES
B - GROUPS
X – Type of Controls Associated with the Items
X – Type of Controls Associated with the Items
Y – Type of Controls (secondary)
X-Y – multilateral or unilateral
Z – Sequential numbering of ECCNs to differentiate on the CCL
EAR
44

23. 4/10/21
23
EAR APPLIES TO ME
FIND EXPORT CONTROL CLASSIFICATION NUMBER (ECCN) ON COMMERCE CONTROL LIST (CCL)
IF ECCN, DO CERTAIN PROHIBITIONS APPLY (FOCUS 4-10)
4. DENIAL ORDER
5. PROHIBITED END USER OR END PURPOSE
6. EMBARGOED DESTINATION
7. SECURITY PROHIBITED ACTIVITY
8. SHIPMENT IN TRANSIT TO CERTAIN COUNTRIES
9. VIOLATE LICENSE
10. KNOWLEDGE OF VIOLATION
IF YES, MUST APPLY FOR LICENSE
EAR
45
EAR APPLIES TO ME
FIND EXPORT CONTROL CLASSIFICATION NUMBER (ECCN) ON COMMERCE CONTROL LIST (CCL)
IF ECCN, DO CERTAIN PROHIBITIONS APPLY (FOCUS 4-10)
IF ECCN,AND NO PROHIBITIONS APPLY:
IS X IN COMMERCE COUNTRY CHART?
EAR
46

24. 4/10/21
24
EAR APPLIES TO ME
FIND EXPORT CONTROL CLASSIFICATION NUMBER (ECCN) ON COMMERCE CONTROL LIST (CCL)
IF ECCN, DO CERTAIN PROHIBITIONS APPLY (FOCUS 4-10)
IF ECCN,AND NO PROHIBITIONS APPLY:
IS X IN COMMERCE COUNTRY CHART?
EAR
47
EAR APPLIES TO ME
FIND EXPORT CONTROL CLASSIFICATION NUMBER (ECCN) ON COMMERCE CONTROL LIST (CCL)
IF ECCN, DO CERTAIN PROHIBITIONS APPLY (FOCUS 4-10)
IF CN,AND NO PROHIBITIONS APPLY:
IS X IN COMMERCE COUNTRY CHART?
IF NO, NO LICENSE REQUIRED BUT STILL NEED TO COMPLETE ELECTRONIC EXPORT INFORMATION FORM (EEIF)
IF YES, DOES LICENSE EXEMPTION APPLY?
IF NO, LICENSE REQUIRED
IF YES, USE LICENSE EXEMPTION
EAR
48

25. 4/10/21
25
KNOW YOUR PARTNERS
EAR
YOU HAVE AN OBLIGATION TO KNOW YOUR PARTNERS
This essentially means that you should understand the nuances of any
company with whom you work such that you can determine whether it
would be subject to EAR and/or constitute a violation of EAR for you.
49
KNOW YOUR CUSTOMERS
EAR
YOU HAVE AN OBLIGATION TO KNOW YOUR CUSTOMERS
This essentially means that you should understand the nuances of any
company with whom you work such that you can determine whether it
would be subject to EAR and/or constitute a violation of EAR for you.
50

26. 4/10/21
26
DOT - FAA
Within the FAA
there exists the Office of Commercial Space Transportation.
Enabling statute Commercial Space Launch Act of 1984
(51 U.S.C. § 50901-50923)
Commercial Space Launch Amendments Act of 2004
51
DOT – FAA - OCST
Enabling Regulations
14 CFR Ch. III, Parts 400-460
Launch or ReentryVehicles
Launch Sites Safety Approvals
Experimental Permits
Reusable Suborbital Rockets
52

27. 4/10/21
27
DOT – FAA - OCST
Launch or ReentryVehicles
Pre-Application Consultation
Policy Review and Approval
Safety Review and Approval
Payload Review and Determination
53
DOT – FAA - OCST
Financial Responsibility
Environmental Review
Compliance Monitoring
54

28. 4/10/21
28
DOT – FAA - OCST
Launch Sites Similar
391 Total Launches since 1989,
34 FY 2021, 18 CY 2021
12 Active Spaceport Operator Licenses
23 Active Launch / ReentryVehicle Specific Licenses
55
DOT – FAA - OCST
Launch Sites Similar
391 Total Launches since 1989,
34 FY 2021, 18 CY 2021
12 Active Spaceport Operator Licenses
23 Active Launch / ReentryVehicle Specific Licenses
56

29. 4/10/21
29
Space Law and Startups
57
DOT – FAA - OCST
But, you may not need to have your own launch site or launch permit
if you can proceed with an entity that may already have such items.
This is where consulting and logistics comes into play,
such as Orbital Transports.
58

30. 4/10/21
30
DOC – NOAA - CRSRA
Commercial Remote Sensing Regulatory Affairs
(https://www.nesdis.noaa.gov/CRSRA/)
59
DOC – NOAA - CRSRA
“no person who is subject to the jurisdiction or control of the U.S.
may operate any private remote sensing space system without a
license, and authorized the Secretary of Commerce to license private
sector parties to operate private remote sensing space systems”
Based on
National and Commercial Space Programs Act, 51 U.S.C. § 60101, et seq.
60

31. 4/10/21
31
FCC
Regulates any radio communication
47 CFR §§ 5, 25, 97
§ 5 - Experimental Radio Service
§ 25 – Satellite Communications
§ 97 – Amateur Radio Service.
61
FCC
Lesson to be learned from SWARM
FCC denies application for unusually small satellites
Swarm went around FCC using Indian rocket
Then FCC put other authorized launches on hold
62

32. 4/10/21
32
63
64

33. 4/10/21
33
65
66

34. 4/10/21
34
Image Credit: ESA
67
Image Credit: ESA
68

35. 4/10/21
35
Image Credit: ESA
69
1988 National Space Policy
Classified
Fact Sheet Released
70

36. 4/10/21
36
1988 National Space Policy
Classified
Fact Sheet Released
71
1988 National Space Policy
Classified
Fact Sheet Released
72

37. 4/10/21
37
1989 NSP
73
Origin of FCC Rules
1995 - White House Office of Science and Technology Policy issues
Interagency Report on Orbital Debris
Recommended a study on debris, emerging LEO, possible mitigation measures, and
NASA and DOD develop draft design guidelines for government and industry
74

38. 4/10/21
38
Origin of FCC Rules
1997 - NASA and DOD develop draft design guidelines
75
Origin of FCC Rules
1997 - NASA and DOD guidelines focus on
Control of Debris Released During Normal Operations
Minimizing Debris Generated by Accidental Explosion
Selection of Safe Flight Profile and Operational Configuration
Post-mission Disposal od Space Structures
76

39. 4/10/21
39
Origin of FCC Rules
1997 - NASA and DOD guidelines
For government space missions, guidelines apply
DOD and DOT adopted / proposed to adopt some elements for commercial
1999 – FCC sought comment (part of broader proceeding on 2 GHz Band)
(FCC 99-50/Docket 99-81)
77
Origin of FCC Rules
2000 - FCC decided to continue on a case-by-case basis based primarily on
comments from the DOD having concerns about adopting
wholesale guidelines
But, did require 2GHz MSS parties to submit a narrative statement describing
any debris mitigation design and operational strategies
15 FCC Rcd 16127 (25) § 7 ¶¶ 135-138 ; 65 FR 59140 (10/04/2000)
(FCC-302, Docket 99-81)
78

40. 4/10/21
40
Origin of FCC Rules
2001 - FCC proposed to apply the GHz disclosure requirement to NGSO FSS
applicants, with any authorizations for Fu-Band FSS systems conditioned
on compliance with orbital debris disclosures and authority granted to
launch similarly conditioned on disclosure and approval.
Also, indicated intent to propose “filing requirements for all FCC-licensed
satellite services, including orbital debris mitigation issues, including safe flight
profiles and operational configurations, as well as post-mission disposal
practices.
79
Origin of FCC Rules
2002 - FCC reported that the few comments responding to proposed
application of disclosure requirements supported them being
applicable to all satellite services
80

41. 4/10/21
41
Origin of FCC Rules
So, required “NGSO FSS applicants to disclose [] orbital debris mitigation plans
before licensing” and, for any re-entry of spacecraft on post-mission disposal,
casualty risk assessment as well.
Directed to US Government Orbital Debris Mitigation Standard Practices
81
Origin of FCC Rules
So, required “NGSO FSS applicants to disclose [] orbital debris mitigation plans
before licensing” and, for any re-entry of spacecraft on post-mission disposal,
casualty risk assessment as well.
Directed to US Government Orbital Debris Mitigation Standard Practices
82

42. 4/10/21
42
Origin of FCC Rules
So, required “NGSO FSS applicants to disclose [] orbital debris mitigation plans
before licensing” and, for any re-entry of spacecraft on post-mission disposal,
casualty risk assessment as well.
Directed to US Government Orbital Debris Mitigation Standard Practices
83
Origin of FCC Rules
2002 - FCC also issued “In the Matter of Mitigation of Orbital Debris”
IB Docket No. 02-54
84

43. 4/10/21
43
Origin of FCC Rules
2003 - FCC combined IB Docket No. 02-54 with IB Docket No. 02-34
(FCC 03-102)
But, adopted as part of the default service rules requirement to submit (a) a
narrative on design and operational strategies used to mitigate orbital debris
and (b) casualty risk assessment for any re-entry of spacecraft
For classes in which no service specific rules adopted
85
Origin of FCC Rules
2003 - FCC combined IB Docket No. 02-54 with IB Docket No. 02-34
Referred to USG Orbital Debris Mitigation Standard Practices and
IADC debris mitigation guidelines
Other issues from Orbital Debris Notice and extending disclosure
requirements future Commission activity
86

44. 4/10/21
44
Origin of FCC Rules
2004 - Docket No. 02-54 Second Report and Order
2018 NPRM and Order on Reconsideration
IB Docket No. 02-54 (Terminated)
IB Docket No. 18-313
87
Origin of FCC Rules
2020 - April 24 Issued Updated Satellite Orbital Debris Mitigation Rules
ECFS IB 18-313 / FCC 20-54
Indicated Further Notice of Proposed Rulemaking
would be forthcoming
88

45. 4/10/21
45
Origin of FCC Rules
2020 – July 13, 2020 Comments sought on information collection
Fed Reg with September 11, 2020 deadline
2020 – Aug. 25, 2020 Further Notice of Proposed Rulemaking
Comments were due October 9, 2020
Reply comments were due November 8, 2020
89
FCC Sought Comments on Information Collection Burden
FCC Comments Sought
So, where do you find the regulations and where do you submit
comments?
https://www.fcc.gov/ecfs/
(as opposed to https://beta.regulations.gov)
90

46. 4/10/21
46
FCC Sought Comments on Information Collection Burden
FCC Comments Sought
So, where do you find the regulations and where do you submit
comments?
https://www.fcc.gov/ecfs/
(as opposed to https://beta.regulations.gov)
91
FCC Seeks Comments on Information Collection Burden
FCC Comments Sought
So, where do you find the regulations and where do you submit
comments?
https://www.fcc.gov/ecfs/
(as opposed to https://beta.regulations.gov)
92

47. 4/10/21
47
FCC Seeks Comments on Information Collection Burden
FCC Comments Sought
So, where do you find the regulations and where do you submit
comments?
https://www.fcc.gov/ecfs/
(as opposed to https://beta.regulations.gov)
93
FCC Seeks Comments on Information Collection Burden
FCC Comments Sought
So, where do you find the regulations and where do you submit
comments?
https://www.fcc.gov/ecfs/
(as opposed to https://beta.regulations.gov)
94

48. 4/10/21
48
FCC Seeks Comments on Information Collection Burden
FCC Comments Sought
So, where do you find the regulations and where do you submit
comments?
https://www.fcc.gov/ecfs/
(as opposed to https://beta.regulations.gov)
95
FCC Seeks Comments on Information Collection Burden
FCC Comments Sought
So, where do you find the regulations and where do you submit
comments?
https://www.fcc.gov/ecfs/
(as opposed to https://beta.regulations.gov)
96

49. 4/10/21
49
FCC Seeks Comments on Information Collection Burden
FCC Comments Sought
So, where do you find the regulations and where do you submit
comments?
https://www.fcc.gov/ecfs/
(as opposed to https://beta.regulations.gov)
97
FCC Seeks Comments on Information Collection Burden
FCC Comments Sought
So, where do you find the regulations and where do you submit
comments?
https://www.fcc.gov/ecfs/
(as opposed to https://beta.regulations.gov)
98

50. 4/10/21
50
FCC Seeks Comments on Information Collection Burden
FCC Comments Sought
So, where do you find the regulations and where do you submit
comments?
https://www.fcc.gov/ecfs/
(as opposed to https://beta.regulations.gov)
99
FCC Seeks Comments on Information Collection Burden
FCC Comments Sought
So, where do you find the regulations and where do you submit
comments?
https://www.fcc.gov/ecfs/
(as opposed to https://beta.regulations.gov)
100

51. 4/10/21
51
FCC Seeks Comments on Information Collection Burden
FCC Comments Sought
So, where do you find the regulations and where do you submit
comments?
https://www.fcc.gov/ecfs/
(as opposed to https://beta.regulations.gov)
101
FCC Seeks Comments on Information Collection Burden
FCC Comments Sought
So, where do you find the regulations and where do you submit
comments?
https://www.fcc.gov/ecfs/
(as opposed to https://beta.regulations.gov)
102

52. 4/10/21
52
FCC Comments Sought
103
FCC Comments Sought
104

53. 4/10/21
53
FCC Comments Sought
105
FCC Comments Sought
106

54. 4/10/21
54
FCC Comments Sought
107
108

55. 4/10/21
55
109
110

56. 4/10/21
56
111
112

57. 4/10/21
57
113
114

58. 4/10/21
58
115
Federal Communications Commission FCC 18-38
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Space Exploration Holdings, LLC
Application For Approval for Orbital Deployment
and Operating Authority for the
SpaceX NGSO Satellite System
Application For Approval For Orbital Deployment
And Operating Authority for the
SpaceX NGSO Satellite System Supplement
)
)
)
)
)
)
)
)
)
)
)
IBFS File No. SAT-LOA-20161115-00118
Call Sign S2983
SAT-LOA-20170726-00110
Call Sign S3018
MEMORANDUM OPINION, ORDER AND AUTHORIZATION
Adopted: March 28, 2018 Released: March 29, 2018
By the Commission: Commissioner Rosenworcel issuing a statement.
I. INTRODUCTION
1. In this Memorandum Opinion, Order and Authorization, we authorize Space Exploration
Holdings, LLC (SpaceX) to construct, deploy, and operate a proposed non-geostationary orbit (NGSO)
satellite system comprising 4,425 satellites for the provision of fixed-satellite service (FSS) around the
world.1 In granting those parts of SpaceX’s Application and Supplemental Application that were
accepted for filing, we address concerns expressed by commenters seeking various conditions on the
grant and partially deny two Petitions to Deny. Grant of this application will enable SpaceX to bring
1 Space Exploration Holdings, LLC, Application for Approval for Orbital Deployment and Operating Authority for
the SpaceX NGSO Satellite System, IBFS File No. SAT-LOA-20161115-00118 (filed Nov. 15, 2016) (SpaceX
Application). On November 22, 2016, SpaceX submitted an erratum to its application that contains a corrected
version of the Technical Attachment, in which the scale of the axes in the antenna beam contour diagrams (Figures
A.3.1-3 through A.3.1-8 and A.3.2-1 through A.3.2-5) reflects the written description, and a corrected version of the
associated GXT files to update those in the original Schedule S. See Letter from William M. Wiltshire, Counsel to
SpaceX, to Marlene H. Dortch, Secretary, FCC, (Nov. 22, 2016) (SpaceX Erratum). As described below, SpaceX
subsequently filed a second application seeking to add certain frequency bands to its system. Space Exploration
Holdings, LLC, Application for Approval for Orbital Deployment and Operating Authority for the SpaceX NGSO
Satellite System Supplement, IBFS File No. SAT−LOA−20170726−00110 (filed Jul.. 26, 2017) (SpaceX
Supplemental Application). SpaceX’s request in the Supplemental Application for operations in the 29.3-29.5 GHz
frequency bands is not before us, because the International Bureau has not accepted that part of the application for
filing. See Satellite Policy Branch Information: Space Station Applications Accepted for Filing, Public Notice,
Report No. SAT-01277 (IB Oct. 20, 2017). The International Bureau deferred a determination concerning the
acceptability for filing for the 29.3-29.5 GHz band because the International Telecommunication Union (ITU) Radio
Regulations limit the use of the band 29.1-29.5 GHz by the FSS to geostationary-satellite systems and feeder links to
NGSO systems in the mobile-satellite service. See 5.535A of the ITU Radio Regulations.
116

59. 4/10/21
59
Federal Communications Commission FCC 18-38
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Space Exploration Holdings, LLC
Application For Approval for Orbital Deployment
and Operating Authority for the
SpaceX NGSO Satellite System
Application For Approval For Orbital Deployment
And Operating Authority for the
SpaceX NGSO Satellite System Supplement
)
)
)
)
)
)
)
)
)
)
)
IBFS File No. SAT-LOA-20161115-00118
Call Sign S2983
SAT-LOA-20170726-00110
Call Sign S3018
MEMORANDUM OPINION, ORDER AND AUTHORIZATION
Adopted: March 28, 2018 Released: March 29, 2018
By the Commission: Commissioner Rosenworcel issuing a statement.
I. INTRODUCTION
1. In this Memorandum Opinion, Order and Authorization, we authorize Space Exploration
Holdings, LLC (SpaceX) to construct, deploy, and operate a proposed non-geostationary orbit (NGSO)
satellite system comprising 4,425 satellites for the provision of fixed-satellite service (FSS) around the
world.1 In granting those parts of SpaceX’s Application and Supplemental Application that were
accepted for filing, we address concerns expressed by commenters seeking various conditions on the
grant and partially deny two Petitions to Deny. Grant of this application will enable SpaceX to bring
1 Space Exploration Holdings, LLC, Application for Approval for Orbital Deployment and Operating Authority for
the SpaceX NGSO Satellite System, IBFS File No. SAT-LOA-20161115-00118 (filed Nov. 15, 2016) (SpaceX
Application). On November 22, 2016, SpaceX submitted an erratum to its application that contains a corrected
version of the Technical Attachment, in which the scale of the axes in the antenna beam contour diagrams (Figures
A.3.1-3 through A.3.1-8 and A.3.2-1 through A.3.2-5) reflects the written description, and a corrected version of the
associated GXT files to update those in the original Schedule S. See Letter from William M. Wiltshire, Counsel to
SpaceX, to Marlene H. Dortch, Secretary, FCC, (Nov. 22, 2016) (SpaceX Erratum). As described below, SpaceX
subsequently filed a second application seeking to add certain frequency bands to its system. Space Exploration
Holdings, LLC, Application for Approval for Orbital Deployment and Operating Authority for the SpaceX NGSO
Satellite System Supplement, IBFS File No. SAT−LOA−20170726−00110 (filed Jul.. 26, 2017) (SpaceX
Supplemental Application). SpaceX’s request in the Supplemental Application for operations in the 29.3-29.5 GHz
frequency bands is not before us, because the International Bureau has not accepted that part of the application for
filing. See Satellite Policy Branch Information: Space Station Applications Accepted for Filing, Public Notice,
Report No. SAT-01277 (IB Oct. 20, 2017). The International Bureau deferred a determination concerning the
acceptability for filing for the 29.3-29.5 GHz band because the International Telecommunication Union (ITU) Radio
Regulations limit the use of the band 29.1-29.5 GHz by the FSS to geostationary-satellite systems and feeder links to
NGSO systems in the mobile-satellite service. See 5.535A of the ITU Radio Regulations.
117
118

60. 4/10/21
60
119
120

61. 4/10/21
61
121
Starlink
Credit: SpaceX
122

62. 4/10/21
62
123
Credit: SpaceX
124

63. 4/10/21
63
SpaceX Response
Credit: SpaceX
125
Credit: SpaceX
126

64. 4/10/21
64
Credit: SpaceX
127
128

65. 4/10/21
65
129
130

66. 4/10/21
66
131
132

67. 4/10/21
67
133
134

68. 4/10/21
68
135
https://www.unenvironment.org/about-un-environment/private-sector-engagement/partner-us
Again, Engagement
136

69. 4/10/21
69
137
138

70. 4/10/21
70
139
140

71. 4/10/21
71
141
142

72. 4/10/21
72
143
144

73. 4/10/21
73
145
146

74. 4/10/21
74
Questions and Comments
Charles Lee Mudd Jr.
411 S. Sangamon Street
Suite 1B
Chicago, Illinois 606
312.964.5051
312.803.1667
@clmuddjr
charles@muddlaw.com
muddlaw.com
mlo.bz/
© 2021 Charles Lee Mudd Jr.
147