Before the

Federal Communications Commission

Washington, D.C. 20554

Adopted: November 29, 2022 Released: December 1, 2022

By the Commission:

Heading Paragraph #

I. INTRODUCTION...................................................................................................................................1

II. BACKGROUND.....................................................................................................................................4

III. DISCUSSION........................................................................................................................................10

IV. CONCLUSION AND ORDERING CLAUSES .................................................................................134

I. INTRODUCTION

conditions, the application of Space Exploration Holdings, LLC. (SpaceX) to construct, deploy, and

proposed use of E-band frequencies and tracking beacons. We also grant SpaceX’s request for authority

to conduct launch and early orbit phase (LEOP) operations and testing during orbit-raising, as well as

tracking, telemetry and command (TT&C) during the process of removing its satellites from orbit,

consistent with the parameters described in the application and related materials. Finally, we grant in part

and dismiss in part SpaceX’s request for various waivers. Our action will allow SpaceX to begin

deployment of Gen2 Starlink, which will bring next generation satellite broadband to Americans

nationwide, including those living and working in areas traditionally unserved or underserved by

terrestrial systems. Our action also will enable worldwide satellite broadband service, helping to close the

digital divide on a global scale. At the same time, this limited grant and associated conditions will protect

other satellite and terrestrial operators from harmful interference and maintain a safe space environment,

equivalent power-flux density (EPFD) limits and other issues involving protection of geostationary

satellite orbit (GSO) space stations from harmful interference, protection of science missions using

electromagnetic spectrum, as well as various concerns that parties deem to be environmental, such as

potential atmospheric effects from launches and satellite reentries and potential effects on astronomy and

night sky observation. To address these and other issues, we require that SpaceX comply with a series of

conditions that are outlined below. To address concerns about orbital debris and space safety, we limit

this grant to 7,500 satellites only, operating at certain altitudes, and note that SpaceX has committed to

requesting modification of its previously-granted license for operations in the V-band so that it will

incorporate those V-band operations into its Starlink Gen2 system, rather than operating a separate system

in the V-band. This means our action today does not increase the total number of satellites SpaceX is

continued availability of launch windows and on other matters, and pause deployment of new satellites if

satellite failures exceed a certain threshold. To address issues related to spectrum rights, interference

concerns, and competition in low-Earth orbit (LEO), we condition today’s action on SpaceX coordinating

with NGSO FSS systems licensed in certain prior processing rounds; reporting whether the International

Telecommunication Union's finding on compliance with EPFD limits takes into account all of the

relevant ITU filings for its Gen2 Starlink system combined; and for operations in certain frequency bands,

using no more than one satellite beam from any of its authorized Gen2 Starlink satellites in the same

frequency in the same or overlapping areas at a time. Finally, to address concerns about protection of

science missions, we adopt conditions and reporting requirements that will help to limit any impact on

astronomy, including limiting SpaceX’s operations to below 580 km, requiring SpaceX to continue to

coordinate and collaborate with NASA to minimize impacts to NASA’s science missions, requiring

SpaceX to coordinate with the National Science Foundation, and requiring SpaceX to coordinate with

petitions, comments from the NASA and National Science Foundation (NSF),

and comments from

Kuiper Systems, LLC (Kuiper)

Deny in Part of DISH Network Corporation (DISH).

Conclusion of Pending Directly Intertwined Litigation, Motion for Consultation with Affected Agencies,

Motion for Disclosure, Motion for Certification of Suitably Comprehensive Insurance Coverage, Motion

for Certification of Indemnity, and Motion to Suspend or Revoke Licenses of The Balance Group,

we dismiss the “Motion for Abeyance” filed by DISH.

SpaceX authority to deploy and operate its first-generation NGSO satellite system comprising 4,425

constellation of 7,518 very-low-Earth orbit (VLEO) Starlink satellites using V-band frequencies (V-band

Starlink).

Petitions in the 10.7-12.7 GHz, 14.0-14.5 GHz, 17.8-18.6 GHz, 18.8-19.3 GHz, 27.5-28.35 GHz, 28.35-29.1 GHz,

Established for Additional NGSO-Like Satellite Applications or Petitions for Operations in the 12.75-13.25 GHz,

initiation of the processing round.

deploy, and operate 30,000 satellites at altitudes ranging from 328 km to 614 km.

On August 18, 2021,

SpaceX specifically requested authority for one of two mutually exclusive configurations for its

Starship launch vehicle.

Before the amended Gen2 Starlink application was accepted for filing, several

parties submitted letters, ex parte presentations, and comments on the record, many objecting to SpaceX’s

applying for two mutually exclusive configurations.

application, as amended, acceptable for filing and placed the application and amendment on public

notice.

SpaceX.

pursuing only one of the two specified configurations for Gen2 Starlink.

proposes to operate 29,988 satellites at altitudes ranging from 340 km to 614 km.

Approximately two

thirds of the satellites (19,440) would be deployed in shells centered at altitudes from 340 km to 360 km

(below the International Space Station (ISS)), approximately one third (10,080) would be deployed in

shells centered at altitudes from 525 km to 535 km (above ISS and below SpaceX’s Gen1 Starlink

constellation), and 468 satellites would be deployed into retrograde inclinations in shells centered at

altitudes of 604 km and 614 km (above Gen1).

set forth in the following table:

SpaceX recently informed us that it now intends to deploy Gen2 Starlink satellites using both the Starship

and Falcon 9 launch vehicles, beginning with the three shells in the lower 500 km altitude range, followed

by the shells at lower altitudes, and finally the 604 and 614 km altitude shells.

19.7-20.2 GHz, and 71.0-76.0 GHz (space-to-Earth) and 12.75-13.25 GHz, 14.0-14.5 GHz, 27.5-29.1

GHz, 29.5-30.0 GHz, and 81.0-86.0 GHz (Earth-to-space) frequency bands.

SpaceX also proposes

telemetry, tracking, and command (TT&C) operations in the 12.15-12.25 GHz (space-to-Earth), 18.55-

18.60 GHz (space-to-Earth), and 13.85-14.0 GHz (Earth-to-space) frequency bands.

SpaceX also

deploy and maintain both systems, including launching replacement satellites, and Starlink user terminals

will be able to communicate with both Gen1 Starlink and Gen2 Starlink satellites.

Additionally, SpaceX

requests various waivers of our rules, including ITU and Commission PFD limits in the Ka-band,

requirement to obtain a favorable or qualified-favorable finding from the International

Telecommunication Union (ITU) prior to commencing operations,

operations within authorized frequency bands, preferably at the band edges,

and to the extent necessary,

of the initial comment filing period, DISH also filed a motion seeking that the proceeding be held in

abeyance pending the production of additional evidence concerning the basis for SpaceX’s certification of

compliance with Commission and ITU equivalent power flux density (EPFD) limits,

parties supported or opposed.

This informal request was not acted on prior to the deadline for filing

petitions to deny, and on that deadline RS Access, DISH, SES/O3b, and Viasat filed petitions to deny or

defer.

Kepler Communications, Inc. (Kepler); Kuiper; Broadband International Legal Action Network

(BBILAN); the Balance Group; Echostar Satellite Services, LLC and Hughes Network Systems, LLC

(Echostar/Hughes); and WorldVu Satellites LTD (OneWeb) filed comments.

The National

Telecommunications and Information Administration (NTIA) also submitted letters on behalf of NASA

impact on astronomy and the space ecosystem.

prospect for improved broadband to unserved and underserved regions of the United States and

capacity. We note the specific subset of 7,500 satellites we authorize today, which may be deployed at

proposed satellites at lower and higher altitudes, for which some parties have raised concerns that are

unique to the particular orbits involved. The smaller number of satellites will allow continued monitoring

of deployment based on conditions adopted in this Order, prior to consideration of the much larger

requested in the Gen2 Starlink application and operate them using additional radio equipment to be added

that this modification will not increase, and may slightly reduce, the number of V-band space stations.

Given this information, we note that, including its 4,408 Gen1 Starlink satellites and the 7,500 Gen2

Starlink satellites authorized today and not counting the 7,518 V-band satellites SpaceX no longer intends

to launch, the total number of satellites SpaceX is authorized to deploy is not increased by our action

today, and in fact is slightly reduced, as compared to the total number of satellites SpaceX would

SpaceX plans to populate first, 525 km, 530 km, and 535 km.

latency, more backhaul capacity, and the ability to serve more customers.

SpaceX states the Starship

launch vehicle will carry more satellites and place them in a way that allows for faster activation, and the

Gen2 Starlink constellation will build upon the Gen1 Starlink constellation by arranging satellites in a

manner to maximize capacity and bring satellite broadband connectivity to unserved and underserved

homework gap, facilitate telework and telehealth, improve precision agriculture technology, and support

first responders and national security needs.

Viasat asserts that the sheer size of the proposed Gen2

Starlink constellation raises a number of substantial risks to competition, the interference environment,

space safety, and the human environment that the Commission must consider when evaluating whether a

grant of the Gen2 Starlink application, as amended, is in the public interest.

Viasat alleges that granting

the Gen2 Starlink constellation would be contrary to the public interest because it would foreclose

competition,

by precluding other operators’ access to shared spectrum

Viasat

states that SpaceX would also have no incentives to share spectrum or orbital resources with other

operators because it will have significant leverage in negotiations with other operators.

SpaceX argues

that it has demonstrated in its application, as amended, that its Gen2 Starlink constellation will maintain

safe space, protect other operators, and minimize its impact on the human environment.

Furthermore,

SpaceX states Gen2 Starlink will complement Gen1 Starlink in the same way terrestrial operators densify

their networks, to better meet American consumers’ needs.

Commission may waive any rule for good cause shown.

deviation from the general rule and such deviation will serve the public interest.

the 13.85-14.0 GHz band, as conditioned. Our rules require that TT&C signals be transmitted within

frequency bands assigned for regular communications, preferably at the band edges.

of this waiver is warranted. First, the requested band is immediately adjacent to the 14.0-14.5 GHz band

used by the SpaceX system for user terminal uplink transmissions; second, SpaceX anticipates that it will

provide TT&C from only two locations in the United States (on the East and West Coasts respectively);

Furthermore, we note that while the Commission has restricted FSS deployment in the 13.75-14.0 GHz

band to gateways only, it has specifically defined gateways to include TT&C operations.

maximum and minimum Saturation Flux Density values, as this question only applies to “bent pipe”

systems; (3) the inability to enter a negative value for maximum Effective Isotropic Radiated Power (EIRP)

for some of SpaceX’s TT&C beams; (4) the inability to enter more than two digits for the active service

arc end angle; (5) the inability to enter any channel plan other than a single, static channel plan; and (6)

the impracticability of entering all possible contours for a representative satellite at all altitudes as

contemplated by section 25.114(c)(4)(vi)(B).

SpaceX has provided information on how it completed

the Schedule S and additional information to compensate for these difficulties, as appropriate, and

SpaceX requests that we waive these aspects of Schedule S, to the extent necessary.

has implemented work-arounds to provide the relevant information on its application, we find that a

waiver of the requirement to complete certain aspects or fields of Schedule S is warranted.

best position to review compliance with applicable EPFD limits. As discussed above and in the SpaceX

Third Modification Order, under our rules, any analysis demonstrating compliance, or lack of

compliance, with applicable EPFD limits must be completed using the ITU-approved validation

software.

Modification proceeding, which it incorporates by reference into this proceeding,

and we also decline

to consider the additional analyses submitted by DISH and Viasat analyzing Gen2 Starlink using software

modified to evaluate EPFD compliance at different locations than the ITU-approved software.

We also

decline to adopt DISH’s request to inform the ITU that Gen2 Starlink cannot be modeled by the ITU-

approved software,

as we see no evidence on the record that this is the case—in fact multiple operators,

including DISH, have used the ITU-approved software to model SpaceX’s system.

authority to the ITU. “[A] federal agency entrusted with broad discretion to permit or forbid certain

activities may condition its grant of permission on the decision of another entity . . . so long as there is a

Such a connection exists here. A “favorable” finding by the ITU provides verification that the operator of

limits, the operator satisfies its “obligation” under our rules not to “cause unacceptable interference to”

geostationary satellite networks.

Thus, a “favorable” finding by the ITU is clearly linked to our

determination that a licensee can provide non-geostationary fixed-satellite service without causing

provides us “with factual information” --that is, whether SpaceX complies with the ITU’s power limits.

no constitutionally protected property right to use its satellites to provide FCC-licensed service.

Therefore, DISH cannot assert a due process violation.

here. DISH has received a full opportunity to participate in this proceeding. The Due Process Clause

requires nothing more.

is overly protective of GSO operations and too restrictive for NGSO operators.

As discussed above, we

decline to deviate from our rule of relying on ITU review of compliance with EPFD limits. This issue is

outside the scope of this licensing proceeding.

parameters of the software, Gen2 Starlink will violate the EPFD limits in the 12.2-12.7 GHz band by as

analysis of the Gen2 Starlink constellation as a whole by first running all eighteen filings through the ITU

validation software, with no alterations to the software or the datafiles SpaceX provided, then combining

the resulting EPFD curves using standard techniques for the sum of independent variables.

states that its analysis demonstrates Gen2 Starlink, when considered as a whole, would violate the EPFD

limits in every frequency band.

much as 7.6-11.8 dB depending on the case.

would violate the EPFD limits 1%, 10%, and even 100% of the time, and it argues that violations of this

magnitude could well cause significant interference to GSO operations and degrade service from DBS,

direct-to-home (DTH), and other GSO networks SpaceX seeks to compete with.

input datafile and output file for all of its proposed Gen2 Starlink satellites at the staff’s request so as to

the complete technical parameters for spectrum assignments in an individual file. The parties’

characterization of SpaceX’s method used to prepare ITU data files as intended to manipulate the ITU

process is not well founded. With respect to EPFD, we find that SpaceX’s certification of compliance

with the EPFD limits,

finding from the ITU that explicitly indicates the ITU has considered the joint effect of SpaceX’s multiple

ITU filings, would ensure that SpaceX’s Gen2 Starlink system will comply with the EPFD limits which

should protect GSO operations from harmful interference

operate without causing harmful interference to GSO operations.

We decline to adopt Kuiper’s

proposed condition to require SpaceX to operate its satellites with the power levels proposed in its

original application.

proposed 29,988 satellites, will comply with the applicable EPFD limits, we find Kuiper’s proposed

condition would be unnecessary for this partial grant. This is particularly true given that we only

authorize SpaceX to deploy 7,500 of its satellites in this Order, roughly one quarter of SpaceX’s proposed

Gen2 Starlink constellation. Similarly, we decline to adopt Viasat’s proposed condition, which would

require review by the Commission and interested parties of a combined EPFD data file to include all of

SpaceX’s Gen1 Starlink and Gen2 Starlink satellites as analyzed by a modified ITU software.

continue to rely on the ITU’s review, Viasat’s proposed condition, which would require modifications to

the ITU-approved software, would be inappropriate.

operations prior to completion of the ITU review process, we do require SpaceX to provide its input and

explicitly indicates the ITU has considered the joint effect of SpaceX’s multiple ITU filings, as the

Commission conditioned Kuiper’s authorization in 2020.

Id.

approved validation software to demonstrate compliance with applicable Equivalent Power Flux Density

(EPFD) limits as well as the EPFD results it obtained by running the ITU software, along with

confirmation that the EPFD input data files and results reflect the operations of its complete system

pursuant to all ITU filings associated with its NGSO satellite constellation.”

We find it is in the public

interest to continue to require SpaceX to provide its EPFD input datafiles to requesting parties,

particularly given our grant of SpaceX’s partial waiver request to allow it to begin operations prior to

obtaining an ITU finding. We therefore condition this partial grant accordingly: SpaceX must make

available to any requesting party the data used as input to the ITU-approved validation software to

demonstrate compliance with applicable limits, including the data that combine the Gen2 satellites into

one consolidated file.

of its proposed Gen2 Starlink satellites, and prior to this grant, Viasat, DISH, and Kuiper requested the

Commission require SpaceX to provide its combined data file on the record, and Viasat requested that we

Commission.

these requests are based on the mistaken premise that we would be considering the substance of the

combined data file—rather than focusing on SpaceX’s certification—in reaching our decision in this

licensing proceeding.

explicitly indicate the ITU has considered the joint effect of SpaceX’s multiple ITU filings, as well as the

protections to GSO operations from harmful interference. Additionally, although we grant a partial

waiver of our rules to permit SpaceX to commence operations prior to obtaining such a finding from the

ITU, as discussed below, SpaceX proceeds at its own risk and must adjust its operations if it does not

receive a favorable finding from the ITU. Notably, SpaceX has certified that the combined files do

protect them from harmful interference. Since we need not and do not consider the substance of the

combined data file in reaching our decision here, we thus reject parties’ requests for access to those data,

observe a minimum elevation angle of 5 degrees.

operations in this band are subject to application of the provisions of No. 9.12 for coordination with other

fixed-satellite service shall not claim protection from geostationary-satellite networks in the fixed-satellite

NGSO systems in the fixed-satellite service in the 12.75-13.25 GHz (Earth-to-space) frequency band shall

also be operated in such a way that any unacceptable interference that may occur during their operation

shall be rapidly eliminated.

SpaceX’s operations in the 12.75-13.25 GHz band are also limited to

applications for new earth station licenses, and modifications to earth stations already authorized, to

rulemaking proceeding regarding use of the 12.7-13.25 GHz band.

at levels up to the EPFD limits of Article 22 of the ITU Radio Regulations. Regarding operations in the

14.0-14.5 GHz band, we note that both NASA and NSF, along with Professor Andy Lawrence, Professor

Roberto Trotta, and the Royal Astronomical Society, raise concerns about interference to radioastronomy

through the appropriate channels.

coordination agreement to protect the radioastronomy service for the Gen2 Starlink satellites, but in

general NSF is concerned that large satellite constellations will impact radioastronomy observatories,

which have traditionally relied on remote locations to avoid interference.

We note that SpaceX is

working with NASA to address its concerns and has begun coordination with NSF to reach an agreement

to protect the radioastronomy service from harmful interference from the Gen2 Starlink satellites.

Consistent with past authorizations for SpaceX’s operations, we also note that SpaceX’s operations in the

14.47-14.5 GHz band are subject to footnote US342 of the United States Table of Frequency

Allocations,

interference.

Satellite System facilities at three locations: Guam (latitude 13°36′55″ N, longitude 144°51′22″ E); White

Sands, New Mexico (latitude 32°20′59″ N, longitude 106°36′31″ W and latitude 32°32′40″ N, longitude

NGSO FSS earth stations located within 125 kilometers of these three sites, earth station operations must

communicate with either the right hand circular polarization or the left hand circular polarization, or both,

and “user beams from a given satellite will have only one co-frequency beam per spot.”

We grant

SpaceX’s request for communications in the Ka-band, subject to certain conditions set forth below.

frequency bands, in accordance with footnote US334 to the United States Table of Frequency

GHz bands must be in accordance with any signed coordination agreement between SpaceX and U.S.

overlapping areas at a time. Viasat is correct that in the SpaceX Third Modification Order we required

will only operate with one co-frequency, co-polarization transmission to a given location.

In other

NCo of 1 across both its Gen1 Starlink and Gen2 Starlink constellations in the 19.7-20.2 GHz band.

networks operating outside the United States in the 18.8-19.3 GHz (space-to-Earth) and 28.6-29.1 GHz

(Earth-to-space) bands.

According to Viasat, Off-axis RF emissions in the Ka-band could interfere

with GSO operations outside the United States.

Ka-band without EPFD limits, Viasat notes that the GSO services still have priority for interference

protection.

Viasat calculates that in order to protect GSO systems operating outside the United States,

there would need to be a 600 km gap between earth stations—in other words SpaceX could only operate

earth stations in a small area in the center of the United States.

grant of SpaceX’s Gen2 Starlink applications on “SpaceX's completion of coordination agreements with

any potentially affected GSO operators with ITU date priority (including Viasat) and the implementation

of any mitigation measures (e.g., adoption of an adequate GSO arc avoidance angle) necessary to protect

relevant GSO operations.”

seeks.

analysis demonstrating that any exceedance of the coordination trigger would occur at worst on an

infrequent and short-term basis

and 29.5-30 GHz (Earth-to-space) frequency bands are on a secondary basis with respect to GSO FSS

commonly authorized frequencies with one another in good faith.

Absent a coordination agreement

between two or more NGSO FSS satellite systems, a default spectrum-splitting procedure applies.

commencing operations, it must certify that it has completed a coordination agreement with, or make a

condition grant of the Gen2 Starlink application with the same condition.

SpaceX argues this condition

because SpaceX will already have commenced operations without satisfying conditions that may be

See Kuiper NGSO Authorization, 35 FCC Rcd at 8341, para. 50.

25.261 of the Commission’s Rules to Increase Certainty in Spectrum Sharing Obligations Among NGSO FSS

NGSO FSS operators, noting in particular that coordination provides the best opportunity for efficient

spectrum sharing; and that the Commission might intervene if the coordination discussions were not

being conducted in good faith.

The Commission has also stated that it expects operators to negotiate in

good faith with an aim to accommodating later-filed applicants.

negotiate in good faith, and SpaceX will be able to reach a coordination agreement with operators

authorized in previous processing rounds. To this end, we condition this authorization such that SpaceX

must coordinate its Gen2 Starlink system operations with other operational systems that were licensed or

granted U.S. market in certain prior NGSO FSS processing rounds – specifically those referred to in

Public Notices DA 16-804, 31 FCC Rcd 7666 (IB 2016) and DA 17-524, 32 FCC Rcd 4180 (IB 2017). In

the event that such coordination cannot be successfully completed, SpaceX must make a showing to the

Commission demonstrating and certifying that its operations will not cause harmful interference to those

operational systems, which will be subject to Commission approval. In the event that it were to become

authorized in earlier processing rounds for which coordination has not been completed, prior to the

approval of its showing by the Commission.

previous-round operations. SpaceX has a rapid deployment schedule planned for its Gen2 Starlink

satellites,

broadband service without undue delay, as conditioned herein and upon filing of its certified showing,

with the understanding that SpaceX will be operating at its own risk until either the completion of

coordination agreements through good faith negotiations or the Commission’s approval of SpaceX’s

showing as sufficient to demonstrate that SpaceX’s Gen2 Starlink system can operate without causing

harmful interference to any operational systems. While Kuiper argues that the possibility of a delay in

launch should not vitiate the processing round framework,

uphold the processing round framework and its emphasis on coordination, while still enabling the rapid

provision of next generation satellite services.

coordination with other NGSO operators and allow for more efficient mitigation of potential

interference.

many other satellites.

which earth station or group of earth stations, Kuiper argues other NGSO operators must assume each

satellite is constantly transmitting over its entire coverage area, which is not how the satellites will

operate in fact.

could be transmitting or receiving from any of their in-view satellites.

worse by the sheer size of the proposed Gen2 Starlink constellation.

new rules to require such information sharing from NGSO operators in its ongoing section 25.261

rulemaking may not have that technical ability.

finding it is not in the public interest to require such sharing from all operators.

Kuiper states that if

SpaceX is correct that no other 2020 processing round operator will be ready to launch before SpaceX,

then there will be no additional burden on SpaceX; if other operators are ready to launch, then Kuiper

argues that is all the more reason to require SpaceX to share its beam pointing information to assist in

coordination efforts and mitigate potential interference.

power to condition licenses if it is in the public interest, regardless of whether that condition is codified in

a Commission rule.

future Commission rulemakings, including any rules adopted as a result of our ongoing spectrum sharing

proceeding. The potential sharing of beam pointing information is currently under consideration in an

ongoing rulemaking proceeding, and parties in that proceeding have raised significant technical and

practical issues regarding the sharing of such information. The record before us is insufficient to

potential interference risks posed by SpaceX’s proposed constellation and to facilitate coordination at this

stage. Moreover, by our action today, we are further limiting any potential future issues by granting only

7,500 of the nearly 30,000 proposed satellites. Therefore, we decline to impose Kuiper’s proposed

condition and will defer consideration of this issue to the ongoing rulemaking proceeding. We expect that

operators will not withhold information necessary to effectuate good faith coordination.

(Earth-to-space) bands (E-Band or 70/80 GHz bands) for communications between satellites and gateway

earth stations.

allocations.

We note that the 71.0-76.0 GHz and 81.0-86.0 GHz bands are allocated on a co-primary

beacons to be used during orbit-raising.

MHz (space-to-Earth) and 148.00-150.05 MHz (Earth-to-space) frequency bands.

SpaceX states that

use of these frequencies has been authorized by Germany, and SpaceX intends to conduct

communications using these frequencies only outside of the United States, and does not seek U.S. market

access for use of these frequencies.

grant. To the extent that the parties’ concerns are related to the deployment of SpaceX’s full request for

nearly 30,000 satellites, including in other orbital shells, we defer consideration of those issues.

our authorization of 7,500 satellites, subject to certain conditions to provide for ongoing review and

potential revision of license terms, including suspension of deployment if necessary, if targets for reliable

disposal are not met. This grant is also subject to the outcome of our ongoing orbital debris proceeding

highly accurate satellite position data to other operators, and by receiving and acting upon conjunction

avoidance system does not allow for inter-operator coordination.

To these concerns, SpaceX explains

receive a response from the other satellite’s operator.

SpaceX has both anticipated and is adequately addressing at this time.

recognized that spacecraft collision maneuvers would not reduce the risk to zero, and that there will be

some residual risk.

probabilities as specified in conjunction warnings may not provide a reasonable measure of this residual

risk, and may present an artifact of risk modelling methods rather than actual risks. Viasat, however,

maintains that millions of conjunction events with less than 1/100,000 probability of occurring still add

up to a significant risk.

same reason stated in the SpaceX Third Modification Order.

while individual SpaceX satellites may be deemed to have a collision risk of zero because of their

Gen1 Starlink in the SpaceX Third Modification Order to Gen2 Starlink, including reporting the number

operator-to-operator coordination. An “outage” would include any individual satellite anomaly that

and notes several concerns about likely operational impacts on those missions caused by the large number

of satellites SpaceX proposes to deploy,

tracking and conjunction screening relied on by NASA and other operators.

expresses concern about other constellations utilizing autonomous collision avoidance systems in the

NASA’s Conjunction and Risk Analysis program in connection with the Gen1 Starlink system, and the

autonomous collision avoidance system is also relied on by NASA.

scientific investigation and discovery.

SpaceX’s past mitigations and the prospects of its proposed mitigations going forward. Meredith Rawls,

Meredith Rawls argue that the addition of nearly 30,000 Starlink satellites will disrupt the entire field of

astronomical research.

School for Advanced Learning in Trieste, Italy, states the 30,000 Gen2 Starlink satellites could corrupt up

to 50 percent of astronomical images, and the damage to the night sky and the field of astronomy could be

irreversible.

The Royal Astronomical Society asks that we delay approval of the Starlink Gen2

constellation until SpaceX has demonstrated that it will meet the standards set out in a report overseen by

the International Astronomical Union (IAU).

Professor Lawrence, Meredith Rawls, Graeme Cuffy, and

the Astronomical Society of Edinburgh also raise concerns regarding the increasing impact on amateur

astronomy and astrophotography.

reduce the brightness of sunlight reflections from its satellites.

work with a wide variety of astronomers, observatories, and astronomy-related groups “to help minimize

the effects of satellites on imagery.”

ensure its science missions are not affected by reflected sunlight from SpaceX’s satellites, including

regular meetings and coordination.

community to implement recommendations from NSF and astronomers.

that its engineers have “developed analysis software tools and adapted traditional optical engineering ray

tracing software to better predict brightness for new satellite designs and concepts of operation,” allowing

has produced mitigations that the astronomy community supports, and which have allowed SpaceX to

incorporate the satellite brightness into the design process of its Gen2 Starlink satellites.

SpaceX states

its mitigations have included geometry changes, material specifications, and maneuvering operations to

reduce satellite brightness and aim reflected sunlight away from the Earth, and SpaceX engineers have

developed a satellite coating to mitigate diffuse reflectance.

bright enough to be visible to the naked eye immediately after launch and orbit-raising and deorbit

phases, as well as during collision avoidance burns, as during these times SpaceX cannot maneuver to

mitigate reflected sunlight while also meeting mission objectives, but SpaceX also states it is continuing

to refine its mitigation practices to resolve this problem.

altitudes of its satellites mean they do not reflect sunlight during the darkest parts of the night, and that

SpaceX makes highly accurate satellite tracking details available so astronomers can avoid its satellites.

“public convenience, interest, or necessity will be served thereby.”

building mitigations into the initial design of its satellites is promising, coupled with SpaceX’s ongoing

coordination with NASA, NSF, and the astronomy community.

spectrum, we condition this authorization to require SpaceX to continue to coordinate and collaborate

with NASA to promote a mutually beneficial space environment that would minimize impacts to NASA’s

science missions involving astronomy and to require SpaceX to coordinate with NSF to achieve a

mutually acceptable coordination agreement to mitigate the impact of its satellites on optical ground-

and (2) any steps SpaceX has taken to reduce the impact of its satellites on optical astronomy, including

but not limited to darkening, deflecting light away from the Earth, attitude maneuvering, and provision of

orbital information to astronomers for scheduling observations around satellites’ locations.

being built, deployed and operated in a manner that serves the public interest by facilitating co-existence

with other critical services, including those using various ranges of electromagnetic spectrum, enabling

at the Vera Rubin Observatory where he conducts research, has recommended satellites have an apparent

continue to work with a wide variety of astronomers, observatories, and astronomy-related groups to help

minimize the effects on astronomy.

conditions we impose today, should further address the concerns raised by commenters.

action today. We therefore do not need to address Professor Lawrence’s concerns regarding the

brightness of lower-flying satellites such as those operating at 350 km.

preparation of an EA would be required pursuant to our rules, without deciding the novel issue of

NEPA’s scope vis-à-vis space activities. We conclude that an EIS is not required in connection with this

particular licensing action, and that SpaceX is not required to prepare an EA prior to our taking action in

this partial grant.

implements the provisions of NEPA.

The rules provide

that, except for a specifically enumerated list of conditions that expressly require the preparation of an

EA, other Commission actions “are deemed individually and cumulatively to have no significant effect on

the quality of the human environment and are categorically excluded[.]”

rules, the Commission requires its licensees and applicants to determine whether a deployment is

of our rules largely focus on environmental effects at the earth’s surface, space stations generally have not

triggered these categories and therefore have been categorically excluded from review.

consideration of these claims. As an initial matter, BBILAN seeks “review and removal” of the

Celestial Bodies (Outer Space Treaty), in arguing that NEPA does not apply to activities that occur in outer space,

follow our lead in the SpaceX Third Modification Order, and assume, without deciding, that NEPA

applies. Accordingly, we do not make a finding regarding the extent to which NEPA does or does not

apply to the various claims.

matter it was not clear that all of the issues raised by the parties in the record were within the scope of

NEPA.

that SpaceX must prepare an EA on the issues raised in the record or that any other additional

environmental review is required. In certain instances, we discuss how our responsibilities under the

Communications Act address the concerns raised under this section, and explain how the license

conditions we adopt herein diminish any likelihood of harm.

parties once again debate whether special circumstances must be determined to overcome a categorical

exclusion.

by the parties, of whether there must be “extraordinary circumstances” shown to override the categorical

exclusion. Instead, we consider this matter under the framework outlined in section 1.1307(c) of our

to reach SpaceX’s arguments regarding Viasat’s standing, consistent with the SpaceX Third Modification

Order, which likewise considered similar arguments in the record irrespective of whether they were in a

properly-filed petition to deny.

should consider the proposed “30,000” Gen2 Starlink satellites in the context of previously authorized

SpaceX satellites and SpaceX satellites that it is reasonably foreseeable may be launched in the future, as

well as past and future authorizations of other space objects.

Commission chooses not to conduct a programmatic review, it must at the very least evaluate the SpaceX

proposal now before it in the context of all satellites that the Commission has already authorized,

including non-SpaceX satellites.

We note that while this partial grant pertains to the authorization of

7,500 satellites, the Commission has previously authorized SpaceX to construct, deploy, and operate

4,408 Gen1 Starlink satellites.

radiofrequency operations over a separate NGSO system to operate in the V-band (7,518 satellites),

SpaceX has stated that it does not intend to launch separate V-band satellites and will instead seek a

license modification to add V-band communications capabilities to a subset of its Gen2 Starlink satellites,

and in any event SpaceX’s V-band authorization was subject to the Commission’s approval of a license

satellites authorized in this grant in part. We note that our action here is separate from the Commission’s

previously authorized non-SpaceX satellites, and this action is evaluated and conditioned under our rules

Gen2 Starlink satellites and other potential applications that may be filed in the future for additional

deploy and maintain such a large constellation.

and inject particles into the stratosphere which absorb and reflect solar energy, warming the stratosphere

and cooling the surface of the Earth (radiative forcing).

Assessment, which states that emissions from rocket launches “could cause a change in the temperature of

the upper atmosphere.”

NRDC/IDA elaborates that stratospheric ozone depletion leads to increased

rates of skin cancer, cataracts, and other illnesses in humans, and these ozone-depleting chemicals can

conduct NEPA review of SpaceX’s launches of the Gen1 Starlink constellation due to the FAA’s

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commitment and efforts toward mitigating the impact of reflected sunlight on optical astronomy.

therefore disagree with Viasat’s and NRDC/IDA’s claims that SpaceX has not made progress in

addressing the concerns of the astronomy community. Based on the record before us, we find it is not

necessary for us to conduct environmental review under NEPA on this issue. We have assessed these

issues under our obligation to ensure grant of this application is in the public interest,

conduct additional review under NEPA where we have thoroughly examined the issues and imposed

appropriate conditions on SpaceX to ensure that there will not be a significant impact. As discussed

above, we are monitoring this issue to ensure that our licensing action serves the public interest, and we

have accordingly imposed license conditions on SpaceX to ensure SpaceX’s authorized operations do not

unduly burden astronomy and other research endeavors. These conditions include restricting SpaceX’s

operations to below 580 km, requiring SpaceX to continue to coordinate and collaborate with NASA to

promote a mutually beneficial space environment that would minimize impacts to NASA’s science

in specific frequency bands to protect radioastronomy operations, and requiring SpaceX to submit regular

reports to the Commission regarding progress in its efforts to protect optical astronomy.

We find that

issues.

argue that Gen2 Starlink’s impact on the night sky can have aesthetic, scientific, social and cultural, and

health effects.”

will be darker than the first-generation satellites due to its brightness mitigation efforts.

SpaceX also

states that its goal is to make Gen2 Starlink “satellites invisible to the naked eye when they are on station

serving users, covering the vast majority of each satellite’s lifetime.”

adopt today to reduce effects on astronomy services will also address these other satellite sunlight

reflectivity concerns involving the general public.

already endangered life on earth and in orbit,” and which creates economic and ecological impacts on

Earth.

economic effects here on Earth for U.S. businesses, governments, scientists, consumers, and others.”

in outer space, or that have their impacts in outer space, must be analyzed under NEPA. However,

regardless of whether such activities are appropriately analyzed under NEPA, we find that we have

conducted the functional equivalent of an EA in analyzing these issues carefully under our extensive

orbital debris mitigation analysis, and thus we need not re-assess the risks of orbital debris under NEPA

where we have thoroughly assessed those risks.

SpaceX’s orbital debris mitigation plan and found that SpaceX has satisfied those rules for the subset of

blanket licensing of satellites presents an imminent international hazard and is in violation of federal law,

ongoing litigation, and petitions for rulemaking.

legally questionable practice of segmenting satellite licensing by granting individual licenses to individual

companies rather than looking at all satellite licensing as a whole, which has resulted in a state of

“regulatory chaos.”

BBILAN calls for the Commission to conduct a comprehensive environmental and

national security review of all satellite licensing.

BBILAN requests the Commission enact a 180-day pause on all satellite licensing.

we agree. As the D.C. Circuit recently reiterated in affirming the SpaceX Third Modification Order, “an

entire regulatory framework. We find that this Order, which grants authority for SpaceX to construct,

Security, and the Food and Drug Administration the time, information, and resources to conduct their

in compliance with the Administrative Procedure Act (APA).

to The Balance Group’s claims that we have failed to consult with other agencies regarding the SpaceX

seek comment on any satellite application under our rules consistent with the APA, and two federal

the American people from the harms they have identified, both from the Commission’s satellite licensing

Group includes a motion for certification of suitably comprehensive insurance coverage and a motion for

developments regarding satellite licensing, including the HHTI petition for rulemaking, The Balance

Group’s comments on the third SpaceX modification application, HHTI’s comments on SpaceX’s

application for five million earth stations, and the litigation regarding the Third SpaceX Modification

modification application were ignored by the Commission and remain unresolved, and it argues the

application, as amended.

arguments or the appeal of the SpaceX Third Modification Order, which was still pending at the time the

revoke previously granted authority under § 312 of the Communications Act.

since The Balance Group and HHTI filed their comments, the D.C. Circuit has ruled on the appeal of the

SpaceX Third Modification Order.

comments in the SpaceX’s Third Modification Order: We explicitly addressed and dismissed The

Balance Group’s comments, with explanations of our reasoning behind our ruling, in the SpaceX Third

Modification Order.

delay action on our partial grant of the SpaceX Gen2 Starlink application, as amended. Under our rules,

Gen2 Starlink is a separate system from Gen1 Starlink. Additionally, there is no colorable claim in the

record that SpaceX has failed to comply with any of our rules or its license conditions to suspend or

revoke all of SpaceX’s licenses.

analysis above, are more appropriately discussed in rulemaking proceedings, or are beyond the scope of

this licensing proceeding. We therefore dismiss the comments filed by BBILAN and the oppositions and

IV. CONCLUSION AND ORDERING CLAUSES

Space Exploration Holdings, LLC (SpaceX), IS GRANTED-IN-PART and DEFERRED-IN-PART to the

extent set forth above, pursuant to section 309(a) of the Communications Act of 1934, as amended, 47

USC § 309(a).

authorization may be modified, without prior notice, consistent with the coordination of the frequency

assignment(s) with other Administrations. See 47 CFR § 25.111(b). SpaceX is responsible for all cost-

recovery fees associated with the ITU filings. 47 CFR § 25.111(d).

requirements of Article 22 of the ITU Radio Regulations, as well as Resolution 76 (Rev. WRC-15) of the

observatories listed in 47 CFR § 2.106, fn.US131, to achieve a mutually acceptable agreement regarding

coordination with these listed facilities or the National Radio Quiet Zone, correspondence should be

WRC-15) of the ITU Radio Regulations.

GHz band, SpaceX must certify that it has updated its coordination agreement with the National Science

Foundation to protect the radioastronomy service from harmful interference.

operational system licensed or granted U.S. market access in the NGSO FSS processing rounds referred

to in Public Notices DA 16-804, 31 FCC Rcd 7666 (IB 2016) and DA 17-524, 32 FCC Rcd 4180 (IB

2017). SpaceX may commence operations at its own risk, on a non-interference, unprotected basis with

respect to any operations authorized in earlier processing rounds for which coordination has not been

completed, prior to the approval of its showing by the Commission.

characteristics; frequencies used for satellite communications, including outside the United States; and

report on the progress of its communications and collaboration efforts to the Commission in its regular

reports specified in condition y.