(Photo illustration by Nikolas Kokovlis/NurPhoto via Getty Images)
SpaceX needs regulatory approval to use radio spectrum in the 1.6GHz and 2GHz bands for its upcoming cellular Starlink system, but the company must first overcome a new bureaucratic hurdle courtesy of the Federal Communications Commission.
On Tuesday, the FCC rejected SpaceX’s original application to use the radio spectrum on a technicality. Instead, the commission is forcing the company to go through formal “rulemaking” proceedings to decide the matter, which includes soliciting comments from the public.
SpaceX’s cellular Starlink system is designed to tap radio spectrum from T-Mobile over the 1.91 to 1.995GHz bands, allowing it to beam the satellite connectivity to phones. But a year ago, the company also asked for regulatory clearance to use additional radio bands, citing the performance benefits.
If granted, the radio bands would supply “increased capacity, reduced latency, and broader service coverage for mobile users across the United States and the world, including those users underserved or unserved by existing networks,” SpaceX said at the time.
However, the company sought to harness the additional radio spectrum by simply modifying its Starlink license with the FCC. On Tuesday, the commission said SpaceX’s application failed to comply with its existing policies. That’s because FCC rulings from over 15 years ago gave rival companies Globalstar and Iridium access to the 1.6GHz and 2.4GHz spectrum.
SpaceX argues that the satellite landscape has changed since then. The company told the FCC it can “use a variety of strategies, including phased arrays and beam scheduling protocols,” to share the radio spectrum and coexist with other satellite providers. But even so, the commission concluded “the proper proceeding would be a new rulemaking to determine whether there is additional availability for another CDMA MSS system in the 1.6/2.4 GHz bands, and if so, what operating criteria would be appropriate for that system.”
The FCC arrived at a similar conclusion with SpaceX's request to use the “2000-2020MHz and 2180-2200MHz bands,” which rival company Dish Network currently has sole authority to use.
Despite the setback, the FCC on Tuesday also kicked off the regulatory process to revise commission rules in order to let SpaceX use the 1.6GHz and 2GHz spectrum for Starlink. The public will have until April 25 to comment on both proceedings.
Tuesday’s ruling sets the stage for another SpaceX regulatory battle. Rival companies will likely try to lobby the FCC to block SpaceX’s access to the additional radio spectrum, claiming it threatens to cause radio interference. On the same day, Dish Network’s EchoStar issued a filing to the FCC, pushing back against SpaceX’s attempt to tap the 2GHz spectrum.
"It is well established that two widely deployed mobile services cannot share the same frequency band generally and for the 2 GHz band specifically,” EchoStar alleged.