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FCC-20-54A1.Pdf Federal Communications Commission FCC 20-54 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Mitigation of Orbital Debris in the New Space Age ) IB Docket No. 18-313 ) REPORT AND ORDER AND FURTHER NOTICE OF PROPOSED RULEMAKING Adopted: April 23, 2020 Released: April 24, 2020 By the Commission: Chairman Pai and Commissioners O’Rielly, Carr, and Starks issuing separate statements; Commissioner Rosenworcel concurring and issuing a statement. Comment Date: (45 days after date of publication in the Federal Register). Reply Comment Date: (75 days after date of publication in the Federal Register). TABLE OF CONTENTS Heading Paragraph # I. INTRODUCTION .................................................................................................................................. 1 II. BACKGROUND .................................................................................................................................... 3 III. DISCUSSION ...................................................................................................................................... 14 A. Regulatory Approach to Mitigation of Orbital Debris ................................................................... 15 1. FCC Statutory Authority Regarding Orbital Debris ................................................................ 15 2. Relationship with Other U.S. Government Activities ............................................................. 20 3. Economic Considerations ........................................................................................................ 25 4. Other Introductory Matters ...................................................................................................... 28 B. Safe Flight Profiles ........................................................................................................................ 32 1. Collisions with Large Objects ................................................................................................. 33 2. Collisions with Small Objects ................................................................................................. 38 3. Disclosures Regarding Planned Orbit(s) ................................................................................. 41 4. Orbit Variance and Orbit Selection for Large NGSO Systems ............................................... 46 5. Protection of Inhabitable Spacecraft ....................................................................................... 49 6. Maneuverability....................................................................................................................... 51 C. Tracking and Data Sharing ............................................................................................................ 54 1. Trackability and Satellite Identification .................................................................................. 57 2. Ongoing Space Situational Awareness .................................................................................... 67 D. Topics Related to Creation of Debris During Operations .............................................................. 76 1. Deployment Devices ............................................................................................................... 77 2. Minimizing Debris Generated by Release of Persistent Liquids ............................................. 83 E. Post-Mission Disposal ................................................................................................................... 86 1. Post-Mission Orbital Lifetime ................................................................................................. 88 2. Reliability and Post-Mission Disposal .................................................................................... 92 a. Deployment Orbit ........................................................................................................... 100 b. Automatic Initiation of Disposal ..................................................................................... 104 Federal Communications Commission FCC 20-54 c. Direct Spacecraft Retrieval ............................................................................................. 106 3. MEO Disposal ....................................................................................................................... 108 F. GSO License Extensions and Related Issues ............................................................................... 110 G. Casualty Risk Assessment ........................................................................................................... 117 H. Proximity Operations ................................................................................................................... 122 I. Encryption and Security of Spacecraft Command ....................................................................... 124 J. Frequency Coordination for Orbit-Raising .................................................................................. 128 K. Liability Issues and Economic Incentives .................................................................................... 135 1. Indemnification ..................................................................................................................... 135 2. Other Economic Incentives ................................................................................................... 136 L. Scope of Rules ............................................................................................................................. 140 1. Amateur and Experimental Operations ................................................................................. 140 2. Non-U.S.-Licensed Satellites ................................................................................................ 144 M. Other Issues .................................................................................................................................. 146 1. Lunar/Other Orbits ................................................................................................................ 146 2. Implementation of the New Rules ......................................................................................... 147 N. Additional Topics from the Regulatory Impact Analysis ............................................................ 150 IV. FURTHER NOTICE OF PROPOSED RULEMAKING ................................................................... 154 A. Probability of Accidental Explosions .......................................................................................... 154 B. Total Probability of Collisions with Large Objects ..................................................................... 155 C. Maneuverability Above a Certain Altitude in LEO ..................................................................... 164 D. Post-Mission Orbital Lifetime ..................................................................................................... 169 E. Casualty Risk Assessment ........................................................................................................... 173 F. Indemnification ............................................................................................................................ 176 G. Performance Bond for Successful Disposal ................................................................................. 193 V. PROCEDURAL MATTERS .............................................................................................................. 206 VI. ORDERING CLAUSES ..................................................................................................................... 214 APPENDIX A – Final Rules APPENDIX B – Final Regulatory Flexibility Act APPENDIX C - List of Commenters APPENDIX D – Proposed Rules APPENDIX E – Initial Regulatory Flexibility Act I. INTRODUCTION 1. A wide range of new and existing commercial technologies depend on reliable communications with spacecraft. The cost, integrity, and reliability of these communications can be negatively affected by orbital debris, which presents an ever-increasing threat to operational spacecraft. The environment in space continues to change and evolve in the New Space Age as increasing numbers of satellites are launched and new satellite technology is developed. The regulations we adopt today are designed to ensure that the Commission’s actions concerning radio communications, including licensing U.S. spacecraft and granting access to the U.S. market for non-U.S. spacecraft, mitigate the growth of orbital debris, while at the same time not creating undue regulatory obstacles to new satellite ventures. This action will help to ensure that Commission decisions are consistent with the public interest in space remaining viable for future satellites and systems and the many services that those systems provide to the public. 2. The Report and Order (Order) comprehensively updates the Commission’s existing rules regarding orbital debris mitigation, which were adopted in 2004. Our goal is to provide the clearest possible regulatory framework for applicants for non-Federal satellite communications. We also seek comment in a Further Notice of Proposed Rulemaking (Further Notice) on probability of accidental explosions, collision risk for multi-satellite systems, maneuverability requirements, casualty risk, indemnification, and performance bonds tied to successful spacecraft disposal. 2 Federal
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