It can take years for FCC to grant application for satellite spec...
It can take years for FCC to grant application for satellite spectrum, said Roderick Porter, deputy chief of agency’s Satellite Bureau, as he outlined recently released 65-page order in which Commission proposed new rules for satellite licensing. FCC process…
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in place for more 2 decades has been very successful, he said, but adjustments must be made. As panelist at Satellite 2002 conference in Washington, Porter said: “The business plan of an applicant may or may not be viable [anymore].” Among changes, FCC will issues licenses to satellite operators on first-come, first- served basis, he said: Applications that arrive after early submissions will be placed in queue in order they're received. If application is granted, applicant can’t request amendment without going to back of queue, he said. Commission’s implementation of mandatory electronic filing will allow it to track order in which applications have been filed, Porter said. Plan will save administrative time at commission and allow operators to move forward with business plan, he said. Commission also proposed “streamlining procedure” with uniform application pleading cycle, Porter said. FCC would place time limit on parties attempting to negotiate spectrum-sharing plan, he said, and if agreement weren’t reached, several determining factors that were “not locked in stone” would be used to select winners. Among factors: licensees with fewest satellites, new entrants, licensees that had not missed milestones in last 5 years, most progress made in actual service, commitment to provide service to rural or unserved areas, and preference to first filed in round. Other issues are being considered for each proposal, Porter said. Commission is considering elimination of financial qualifications and expanding milestone requirements because they are “actual measurements,” he said. Milestone expansion could mean stiffer penalties, including cancellation of licenses, forfeiture penalties and prohibiting of future applications, all designed to “discourage speculation,” he said. Commission in past has prevented speculation by banning trafficking in licenses. Overall public interest would be better served by allowing operators to sell licenses, “even at a profit,” Porter said. Commission would require buyer to “stand in shoes” of seller, he said, and couldn’t request any amendments such as extension of grant.