LITTLE LEOS AND THEIR LAUNCHERS J. P. Schulz Federal bureaucrats, much-maligned in today's for, and possible consequences of, international regu- political climate, sometimes make decisions that ma- lation of the commercial development of space re- terially enhance our individual lives.' These deci- sources. This Comment concludes that Little LEOs sions are perhaps nowhere more evident than within present the FCC and other agencies with the first of the processes by which regulatory agencies open new several practical models on which to base an interna- avenues for technological advance. An ongoing pro- tional legal regime for governing a broad range of cess that fits this description well is the Federal commercial activities in space. Communications Commission's ("FCC" or "Com- mission") and other agencies' efforts to establish an I. LITTLE LEOS DEFINED equitable set of rules that will permit competing tele- communications companies to launch and operate The term "Mobile Satellite Systems" ("MSS") new satellite systems in low earth orbits. These are encompasses a number of emerging communications known as LEO systems ("LEOs"). technologies that will offer new services or will offer LEOs promise a wide range of communications established services in new ways.' Examples of these services that will be available to individuals and services include portable telephones that can operate businesses worldwide.' Technical developments, bus- from any location in the world' and digital audio ra- iness decisions, and corresponding rulemaking dio programs that can deliver compact disc-quality processes are moving inexorably toward deployment music that will not fade from a car's stereo system and operational stages.' Therefore, the communica- during a long-distance drive.' tions lawyer should be aware not only of what LEO The satellites that will constitute the essential link systems are, but also of some of the existing domestic between the service provider and the end user will and international laws that these systems bring into orbit the Earth in one of four regions in space: 1) the play. geostationary orbit ("GSO"), an extremely narrow This Comment focuses on the proposed "Little circular path in space that lies 22,300 miles above LEO" systems and the legal issues that their con- the earth's surface and directly above the equator; 2) struction, deployment, and operation raise. Part I de- mid-Earth orbits ("MEOs"), circular orbits approxi- fines Little LEOs. Part II takes the reader through a mately 5,000 to 10,000 miles above the surface of the history of the FCC's involvement with Little LEO earth (not necessarily above the equator); 3) highly- system developments. Part III discusses the vehicles elliptical orbits ("HEOs"), specialized orbits on necessary to deploy the systems. Finally, Part IV which a satellite continuously swings very close to analyzes the proposed systems in relation to the need the Earth, loops out into space and then repeats its ' A recently-published political cartoon highlights the popu- Service, Public Notice, 9 FCC Rcd. 695 (1994) [hereinafter lar sentiment and underscores the point. It depicts a homeown- MSS Public Notice]. ing couple clinging for their lives to a piece of debris, afloat ' Andrew C. Barrett & Byron F. Marchant, Emerging above their flooded-to-the-rooftop property. A speedboat bearing Technologies and Personal Communications Services: Regula- the letters F.E.M.A. motors toward them. One of the homeown- tory Issues, 1 CoMMLAW CONSPECTUS 3, 3 (1993). ers waves frantically and says: "Thank Goodness! A Federal Bu- reaucrat!!" Below the couple, prominently displayed in their ' This is the goal of several of the Big LEO systems. See submerged front lawn, is a large sign that reads: "Get The Gov- infra materials accompanying note 11; see also Frieden, supra ' ernment Off Our Backs! WASH. POST, Jan. 14, 1995, at A25. note 3, at 34-35. I See generally Rob Frieden, Satellites in the Wireless 0 See Patrick Seitz, FCC To Hasten Licensing, SPACE Revolution: The Need for Realistic Perspectives, TELECOMMU- NEWS, Jan. 16-22, 1995, at 4, 4. The signals will not fade be- NICATIONS, June 1994, at 33, 33. cause satellite-based retransmission extends the broadcast cover- 3 See, e.g., Non-Voice, Non-Geostationary Mobile Satellite age area to include the entire United States. Id. COMMLAW CONSPECTUS [Vol. 3 swing-by; and 4) circular low-Earth orbits II. HISTORY OF THE PROPOSED ("LEOs")." LEOs range in altitude from approxi- SYSTEMS mately 100 to 1,000 miles above the earth's surface.' The satellites that are designed to fly in low earth Conventional communication satellites make use orbits are also called LEOs. of the unique geostationary orbit ("GSO"). 1'4 A sat- The LEO systems currently under development ellite in the GSO-and in no other orbit-will ap- pear to remain motionless above a particular spot on have been divided into two classifications: "Big 1 5 LEOs" and "Little LEOs."9 Systems in both classifi- the globe. This unique feature of the GSO allows cations will be composed of multiple satellites.1 ground-based transmitting and receiving antennas to be aimed at (and fixed on) an unchanging location in Big LEOs will operate at frequencies above one space. 6 Until recently, a spacecraft in any orbit Gigahertz ("GHz"), and will offer a full range of other than the GSO had to be tracked continuously both voice and data services.11 Little LEO systems, from the ground-a fact that required several by contrast, will operate at frequencies below 1 ground-based tracking stations to be positioned at GHz, and are capable of transmitting data only. 2 various points around the world.1 7 As a satellite rose Little LEOs will be able to deliver inexpensive above the horizon and passed over a tracking station, FAX, e-mail, and position-finding services to any that station would "pick up the bird" and then, as point on the globe.1 the satellite dipped below the horizon, "hand off" its 7 Martyn Warwick, An Embarrassment of Systems, COM- Organization (Inmarsat) called Project 21. Sandra Sugawara, A MUNICATIONS INTERNATIONAL, May 1994, at 51, 51. Glut Around the Globe?, WASH. POST, Sept. 13, 1994, at Dl. ' Id. While these conventional divisions of near-earth space See also Frieden, supra note 2, at 34. are widely accepted, specific labels and corresponding altitudes 1" Frieden, supra note 2, at 34. See also, In re Amendment will vary somewhat. See, e.g., HEATHER E. HUDSON, COMMU- of the Commission's Rules to Establish Rules and Policies Per- NICATION SATELLITES 5 (1990) (describing inter alia low earth taining to a Non-Voice, Non-Geostationary Mobile-Satellite orbits as less than 300 miles above the earth). Each of these re- Service, Report and Order, 8 FCC Rcd. 8450, para. 2 (1993) gions provides unique advantages and drawbacks for the de- [hereinafter NVNG Report and Order]. In FCC nomenclature, signer, manufacturer, and/or operator of any given system. a Little LEO is a "Non-Voice, Non-Geostationary Mobile Sat- Warwick, supra note 7, at 51. For example, the higher a satel- ellite Service" ("NVNG MSS"). Id. lite flies, the larger its footprint can be. Id. (A footprint is a 11 See Joseph Pelton, Will SmallSat Markets Be Large? satellite's area of coverage.) On the other hand, the higher a sat- SATELLITE COMMUNICATIONS, Feb. 1993, at 42, 42. Positioning ellite flies, the farther its signals will have to travel, and there- data may be used to help rescue teams locate emergency sites fore the more powerful, heavy, complex and expensive it will be quickly, or may be used in business to monitor the movements of to manufacture, launch and maintain. Id. trucks, boats, planes, shipments or other assets. See Kathleen I See Frieden, supra note 2, at 34. Day, Orbital to Buy Positioning Firm, WASH. POST, Nov. 29, 10 Id. 1994, at C3. " Id. Big LEOs promise global wireless communication net- 14 See HUDSON, supra note 8, at 5. works that consumers can access using compact handsets. This 15 Id. at 3. The GSO lies in the earth's equatorial plane at promise has attracted the attention of developing countries that the orbital altitude (or height above earth) where the velocity would like to obtain Plain Old Telephone Service (POTS) with- necessary to keep a spacecraft in a circular orbit is exactly equal out having to pay for and install the same vast ground-based to the earth's rotational velocity. Id. at 4-5. This means that a infrastructure that developed countries now use for conventional satellite on the GSO circles the earth at exactly the same propor- service. For this and other reasons, Big LEOs have generated tional speed that a spot directly beneath it on the earth's equator substantial press attention. Probably the most well-known of the turns around the earth's axis of rotation (an imaginary line that Big LEO systems is the 66-satellite Iridium project. Iridium, passes through the earth's north and south poles). Id. Thus, Inc., is an international consortium headed by Motorola, and is from anywhere on the earth (whether north or south of the currently slated to begin offering services in 1998. Id. See also equator), the satellite appears to be "standing still" in a fixed Patrick Seitz, Iridium Venture Sews Up Equity Financing, position in space. Id. at 4-5, 246. SPACE NEWS, Sept. 26-Oct. 2, 1994, at 16. As of October, 1994, 16 Id. at 246. The GSO also enables communications service Iridium had raised $1.57 billion in equity. Id. Other companies providers to achieve global coverage with as few as three satel- that have applied to the FCC for Big LEO licenses include lites.