Before the

FEDERAL COMMUNICATIONS COMMISSION

Washington, D.C. 20554

____________________________________
)
Application of )
)
SPACE EXPLORATION HOLDINGS, LLC ) Call Signs: S2983 and S3018
)
For Modification to Deploy a ) IBFS File No. SAT-MOD-_____________
2 GHz Mobile-Satellite System )
____________________________________)

APPLICATION FOR MODIFICATION TO

DEPLOY A 2 GHz MOBILE-SATELLITE SYSTEM

William M. Wiltshire David Goldman

Paul Caritj Senior Director of Satellite Policy

HARRIS, WILTSHIRE & GRANNIS LLP SPACE EXPLORATION TECHNOLOGIES CORP.

1919 M Street, N.W. 1155 F Street, N.W.
Suite 800 Suite 475
Washington, DC 20036 Washington, DC 20004
202-730-1300 tel 202-649-2700 tel
202-730-1301 fax 202-649-2701 fax

Counsel to SpaceX

July 25, 2022

 SUMMARY

SpaceX’s first-generation (“Gen1”) non-geostationary orbit (“NGSO”) Fixed-Satellite

Service (“FSS”) constellation is providing unprecedented satellite broadband service to Americans

in fixed locations throughout even the most remote corners of the country. Not stopping there,

SpaceX recently expanded its service offerings by acquiring Swarm Technologies, Inc., an NGSO

satellite operator offering narrowband Mobile-Satellite Service (“MSS”) for Internet-of-Things

(“IoT”) applications. And in the same way that SpaceX proposed a second-generation (“Gen2”)

constellation to augment its NGSO FSS capabilities, with this application SpaceX proposes to

augment its NGSO MSS capabilities with authority to provide next-generation services to mobile

users in those most remote corners of the country as well.

The 2 GHz band provides a unique opportunity to put underutilized MSS spectrum to

highly productive use. While DISH Network is currently licensed to operate in the band, there is

scant evidence that DISH is actually providing MSS service to anyone, anywhere. Moreover, its

two aging satellites, launched over a decade ago, will reach the end of their license terms in the

next two years and there is no indication of plans for replacements to continue, much less enhance,

its meager-at-best MSS services. While DISH is authorized to deploy a terrestrial network

operating in this band, the limited reach of its long-promised network will leave large portions of

the country completely unserved by 2 GHz operations—even assuming DISH will actually meet

its commitments for deployment and service provision this time. By providing SpaceX with access

to this rich but otherwise fallow spectrum, the Commission could jumpstart MSS service in

otherwise unserved areas of the country, as well as to other parts of the world that escape the reach

of existing satellite and terrestrial systems.

i
 As SpaceX demonstrates herein, the advanced capabilities of its proposed MSS system will

enable operations in the 2 GHz band without causing harmful interference to other licensed users

of the band. And because SpaceX proposes to include 2 GHz NGSO MSS transceivers as an

additional modular payload on its licensed Gen1 NGSO FSS system, grant of this application

would not increase the number of satellites in orbit, pose any additional risk from orbital debris,

or require any additional physical coordination. Accordingly, the Commission should

expeditiously grant this application so that SpaceX can finally bring to fruition the Commission’s

decade-old vision of advanced MSS services in this underutilized spectrum band.

ii
 TABLE OF CONTENTS
Page

SUMMARY .................................................................................................................................. i

DISCUSSION .............................................................................................................................. 2

I. SPACEX’S 2 GHZ MSS CONSTELLATION ............................................................................. 2

A. SpaceX Background...................................................................................................... 2

B. The Opportunity for Revitalization of 2 GHz MSS ...................................................... 3

C. SpaceX’s Proposed 2 GHz MSS System ...................................................................... 7

i. Space Segment ........................................................................................................... 8

ii. Ground Segment ....................................................................................................... 8

II. GRANT OF THE APPLICATION WOULD SERVE THE PUBLIC INTEREST BY ENABLING
SPACEX TO OFFER NEXT-GENERATION SERVICES TO MOBILE USERS IN REMOTE
AREAS OF THE UNITED STATES AND AROUND THE WORLD ................................................. 9

III. ITU COST RECOVERY ........................................................................................................ 12

IV. ELIGIBILITY AND OPERATIONAL REQUIREMENTS .............................................................. 12

CONCLUSION .......................................................................................................................... 13
 Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554

____________________________________
)
Application of )
)
SPACE EXPLORATION HOLDINGS, LLC ) Call Sign: S2983 and S3018
)
For Modification to Deploy a ) File No. SAT-MOD-____________
2 GHz Mobile-Satellite System )
____________________________________)

APPLICATION FOR MODIFICATION TO

DEPLOY A 2 GHz MOBILE-SATELLITE SYSTEM

In this application, Space Exploration Holdings, LLC (“SpaceX”) requests modification of

its existing first-generation (“Gen1”) Ku-/Ka-band non-geostationary orbit (“NGSO”) Fixed-

Satellite Service (“FSS”) license1 to authorize operations in the 2000-2020 MHz and 2180-2200

MHz bands (the “2 GHz band”) for the provision of Mobile-Satellite Service (“MSS”). This

application identifies all changes that SpaceX requests for its current authorization. SpaceX is also

filing an FCC Form 312, Schedule S, Waiver Request, and updated technical showings to account

for the changes proposed. SpaceX certifies that all other information provided in its Ku/Ka-band

applications, as modified, remains unchanged.2 Grant of this application will enable SpaceX to

augment its MSS capabilities and thereby provide next-generation services to mobile users across

1
See Space Exploration Holdings, LLC, 36 FCC Rcd. 7995 (2021) (“SpaceX Authorization”).
2
See 47 C.F.R. § 25.117(c). See also Application for Approval for Orbital Deployment and Operating Authority
for the SpaceX NGSO Satellite System, IBFS File No. SAT-LOA-20161115-00118 (Nov. 15, 2016); Application
for Approval for Orbital Deployment and Operating Authority for the SpaceX NGSO Satellite System
Supplement, IBFS File No. SAT-LOA-20170726-00110 (July 26, 2017); Application for Modification of
Authorization for the SpaceX NGSO Satellite System, IBFS File No. SAT-MOD-20181108-00083 (Nov. 8,
2018); Application for Modification of Authorization for the SpaceX NGSO Satellite System, IBFS File No.
SAT-MOD-20200417-00037 (Apr. 17, 2020).

1
the United States and around the world, including areas underserved or currently unserved by

existing networks.

DISCUSSION

I. SPACEX’S 2 GHZ MSS CONSTELLATION

A. SpaceX Background

SpaceX is a private company founded in 2002 to revolutionize space technologies, with

the ultimate goal of enabling humanity to become a multi-planetary species. The company

designs, manufactures, and launches advanced rockets and spacecraft. It has over 9,000 employees

based in the United States at the company’s headquarters in Hawthorne, California and facilities

located across the country.

Since its founding in 2002, SpaceX has achieved a series of historic milestones. In

December 2010, SpaceX became the first private company ever to successfully launch and return

a spacecraft (Dragon) from low-Earth orbit. In May 2012, the company again made history when

Dragon berthed with the International Space Station (“ISS”), delivered cargo, and returned safely

to Earth–a technically challenging feat previously accomplished only by governments. In

December 2015, SpaceX successfully returned a first stage rocket booster to land after carrying a

payload to space, and has since landed more than 160 more times and has reflown boosters 102

times, including up to thirteen re-flights of a single booster. In May 2020, SpaceX used its Crew

Dragon capsule to become the first and only commercial operator to deliver astronauts to the ISS.

And by leveraging the reusability of its rockets, SpaceX has launched over 2,600 of its own

Starlink satellites, which will be used to provide high-speed broadband across the country and

around the world.

2
 SpaceX’s current and planned space-based activities underscore its commitment to space

safety. SpaceX is proud that NASA has entrusted the company to safely carry American astronauts

to and from the ISS, a more than $100 billion multinational facility with human beings onboard.

Nothing is more important to SpaceX than safely and successfully accomplishing this mission.

The company is highly experienced with space-based operations and debris mitigation practices.

SpaceX maintains deep ties with the domestic and international institutions tasked with ensuring

the continued safety of space operations, which facilitates aggressive and effective space-debris

mitigation practices. SpaceX brings this commitment and experience to all aspects of its space-

based operations.

B. The Opportunity for Revitalization of 2 GHz MSS

In the ITU’s international table of allocations, the 2000-2010 MHz band and the 2180-2200

MHz band have been allocated worldwide for MSS on a co-primary basis, and the 2010-2020 MHz

band has been allocated for MSS on a co-primary basis in Region 2. Under the Commission’s

rules, the 2000-2020 MHz and 2180-2200 MHz bands are available for use by the 2 GHz MSS in

the uplink and downlink directions, respectively.3 From the time the Commission first allocated

2 GHz spectrum to MSS, it “intended for MSS to provide communications in areas where it is

difficult or impossible to provide communications coverage via terrestrial base stations and at

times when coverage may be unavailable from terrestrial-based networks.”4

At present, the Commission has authorized two non-U.S. licensed MSS systems to provide

service to the U.S. market using this spectrum. The first, operated by Gamma Acquisition L.L.C.

3
See 47 C.F.R. § 25.202(a)(4)(ii).
4
Service Rules for Advanced Wireless Services in the 2000-2020 MHz and 2180-2200 MHz Bands, 27 FCC Rcd.
16102, ¶ 6 (2012) (“AWS-4 Order”) (citing Flexibility for Delivery of Communications by Mobile Satellite Service
Providers in the 2 GHz Band, the L-Band, and the 1.6/2.4 GHz Bands, 16 FCC Rcd. 15532, ¶ 1 (2001)).

3
(“Gamma”) and licensed by Canada, operates a single geostationary orbit (“GSO”) satellite that

commenced operations at the 111° W.L. orbital location on July 19, 2009.5 The second, operated

by New DBSD Satellite Services G.P. (“DBSD”) and licensed by the United Kingdom, also

operates a single GSO satellite and commenced operations at the 92.85° orbital location on May

9, 2008.6 Gamma and DBSD are both wholly owned subsidiaries of DISH Network Corporation

(“DISH”).7

DISH is also the sole licensee of the terrestrial AWS-4 service in the band.8 When the

Commission gave these terrestrial rights to DISH for free with no auction, it acknowledged that

neither DBSD nor Gamma (then known as TerreStar) was making much (if any) productive use of

the 2 GHz band.

Despite having MSS and ATC [Ancillary Terrestrial Component] authority and an
orbiting satellite, DBSD never offered either commercial satellite or terrestrial
service and TerreStar offered only minimal satellite service (partnering with AT&T
to offer a non-ATC satellite/terrestrial service using AT&T terrestrial spectrum and
TerreStar satellite spectrum). To date, there remains little commercial use of this
spectrum for MSS and none for terrestrial (ATC) service.9

Notably, the Commission found that DBSD had never offered MSS service three years after DBSD

certified that its satellite had begun operations. Nearly a decade after the Commission gave DISH

the AWS-4 rights, DISH has just begun terrestrial operations in a portion of the band in selected

markets—though DISH claims yet again to be on the verge of launching a new terrestrial network

5
See Letter from Joseph A. Godles to Marlene H. Dortch, IBFS File No. SAT-LOI-19970926-00161 (July 20,
2009).
6
See Letter from Suzanne Hutchings Malloy to Marlene H. Dortch, IBFS File No. SAT-LOI-19970926-00163
(May 9, 2008).
7
See Service Rules for Advanced Wireless Services in the 2000-2020 MHz and 2180-2200 MHz Bands, 28 FCC
Rcd. 1276, ¶ 5 n.12 (IB & WTB 2013) (“DBSD/Gamma Modification Order”).
8
See id. ¶ 2.
9
AWS-4 Order ¶ 10 (footnote omitted).

4
that will cover limited portions of the country.10 Moreover, there is no evidence that either Gamma

or DBSD is currently offering any MSS service in the band. This is a fundamental waste of

valuable MSS spectrum—but also an opportunity for another more motivated operator to use the

spectrum to provide services to Americans in underserved and unserved areas. Specifically, while

DISH has squatted on its spectrum rights for a decade with little to show for it, SpaceX has in just

a fraction of that time launched more than 2,600 satellites and offers high-speed broadband

services to Americans across the country, no matter where they live, and in more than 30 other

countries around the world.

After evaluating the current use of the 2 GHz band, SpaceX has concluded that it can

leverage its technology and its rapid deployment to operate an NGSO MSS system to serve

consumers in the band without substantially affecting other licensed operators. There are four

bases for this conclusion.

First: the grant of U.S. market access for the Gamma and DBSD MSS satellites will expire

in July 2024 and May 2023—i.e., fifteen years after the satellites’ respective commencement

dates.11 According to DISH’s most recent annual report filed with the Securities and Exchange

Commission, the MSS satellite operated by Gamma has a useful lifetime of 14.25 years—which

would mean that it could be expected to be retired sometime in 2023—while the useful lifetime of

the MSS satellite operated by DBSD is listed as “N/A.”12 DISH has not announced a contract to

10
See, e.g., Linda Hardesty, Dish explains the costly phone choice for its new 5G network, Fierce Wireless (May 9,
2022), https://www fiercewireless.com/5g/dish-explains-costly-phone-choice-its-new-5g-network (discussing
DISH’s belated launch of network in Las Vegas and hope to cover 20% of the U.S. population by June 2022,
though use of Band 70 (including 2000-2020 MHz) will not begin until Q3 2022).
11
See 47 C.F.R. § 25.121(a)(1).
12
See DISH Network Corporation, Annual Report Pursuant to Section 13 or 15(d) of the Securities Exchange Act
of 1934 for Fiscal Year Ended December 31, 2021, at F-39 (2022), https://dish.gcs-web.com/static-
files/4e8db017-b1d9-4d94-a208-1233a1770f95.

5
build a replacement for either of these MSS satellites. Accordingly, these satellites will likely

cease operations within the next year or two, thereby eliminating even the potential for SpaceX

service in the band to pose any issue.

Second: in that same annual report, DISH revealed that in 2020 it “wrote down the fair

value of the [MSS] satellites to their estimated fair value of zero.”13 In other words, DISH places

no value on the hardware that drives its MSS business—a conclusion confirmed by the

conspicuous absence of any discussion of an MSS service in that annual report or any other

evidence that DISH is in fact providing a commercial MSS service in the United States. In these

circumstances, there is no reason to believe that DISH would invest the hundreds of millions of

dollars required to replace its aging satellites to support a non-existent service, and no reason for

the Commission not to license an additional operator to step in and provide MSS services whether

or not DISH has officially relinquished its MSS authorizations.

Third: even in the extremely unlikely event that DISH did launch replacement satellites,

SpaceX could easily coordinate with them. As discussed in the Technical Attachment to this

application, SpaceX can use a variety of strategies enabled by the advanced capabilities of its next-

generation MSS system to coexist with DISH’s MSS operations in the band (such as they are). In

addition, as the Commission recognized when initially establishing the 2 GHz MSS service, there

is a significant difference between the GSO satellites operated by DISH and the NGSO

constellation proposed herein by SpaceX. Specifically, “NGSO systems can provide complete and

continuous global coverage, whereas, a single GSO satellite, while capable of providing

continuous coverage, typically only can provide regional service.”14 Accordingly, even if the

13
Id.
14
Establishment of Policies and Service Rules for the Mobile Satellite Service in the 2 GHz Band, 15 FCC Rcd.
16127, ¶ 14 (2000).

6
DISH satellites actually were providing service, they would do so at most in the United States and

perhaps the nearby region—leaving the rest of the world, including underserved polar regions,

unserved and in need of service from a different operator using this spectrum.

Fourth and finally: the Commission has made clear that creation of the AWS-4 service was

not meant to transform the 2 GHz band into primarily terrestrial spectrum.15 The Commission

clearly intended for MSS service to continue operating in the band and took steps to ensure that

this would be the case. Indeed, under Section 27.1136, an AWS-4 terrestrial licensee must accept

any interference received from duly authorized 2 GHz MSS operations and must protect MSS

operations in the band from harmful interference—effectively preserving the interference

environment and the opportunity for MSS service in the band.16 But it would appear that DISH

has all but abandoned MSS service in favor of the prospect for a limited terrestrial AWS-4 network,

and in the process denied Americans (especially those in underserved and unserved areas) the

benefits of truly ubiquitous mobile connectivity. While DISH is already well on its way to

abandoning its MSS service, there is no reason for the Commission to do the same and thereby

forego the recognized public interest benefits MSS can provide based on services from a motivated

and capable licensee such as SpaceX.

C. SpaceX’s Proposed 2 GHz MSS System

The SpaceX 2 GHz MSS system will leverage SpaceX’s already-authorized constellation

of low Earth orbit satellites as well as existing ground equipment and user terminals. It will also

add new earth-station equipment to optimize performance for consumers. This new system will

be highly spectrum-efficient, able to share the 2 GHz band with conventional GSO satellite and

15
See, e.g., AWS-4 Order ¶ 180 (“[N]othing we do today eliminates the existing mobile satellite allocation for the
2 GHz MSS band or limits the licensees’ continued satellite use rights for this spectrum . . .” (footnote omitted)).
16
See 47 C.F.R. § 27.1136.

7
infrastructure to support MSS operations, it will submit applications to the Commission as needed

to request a blanket authority for user terminals that will operate in the United States and its

territories, pursuant to Section 25.115 of the Commission’s rules.

II. GRANT OF THE APPLICATION WOULD SERVE THE PUBLIC INTEREST BY ENABLING
SPACEX TO OFFER NEXT-GENERATION SERVICES TO MOBILE USERS IN REMOTE AREAS
OF THE UNITED STATES AND AROUND THE WORLD

The Commission has authorized SpaceX to construct, deploy, and operate its first-

generation NGSO FSS constellation consisting of 4,408 satellites operating in the 540-570 km

altitude range using Ku- and Ka-band spectrum.17 SpaceX has launched over 2,600 satellites so

far, and this system has begun delivering truly high-speed, low-latency broadband to fixed users

across the United States—including to the most remote corners and Polar Regions of the country

that too often get left behind—and around the world.18 To complement this Gen1 constellation

and provide the additional capacity to meet the accelerating demand for broadband capacity,

SpaceX has applied for authority to deploy a second-generation Ku/Ka/E-band NGSO system of

just under 30,000 satellites.19 SpaceX has also been granted its license to operate earth stations in

motion (“ESIMs”) that would enable broadband services on moving aircraft, ships, and motor

vehicles that can support SpaceX’s sophisticated directional antennas.20

While these assets will enable SpaceX to provide unprecedented broadband capacity from

its space-based platform, Americans are increasingly demanding connectivity wherever they are,

17
See SpaceX Authorization, supra note 1, at 1.
18
See Josh Fomon, Starlink Hits 100+ Mbps Download Speed in 15 Countries During Q4 2021, Ookla (Mar. 16,
2022), https://www.ookla.com/articles/starlink-hughesnet-viasat-performance-q4-2021 (reporting Starlink
measured download speeds in the United States average 105 Mbps, and even higher speeds in other markets
around the world, in the fourth quarter of 2021).
19
See Application for Approval for Orbital Deployment and Operating Authority for the SpaceX Gen2 NGSO
Satellite System, IBFS File No. SAT-LOA-20200526-00055 (May 26, 2020); Amendment, IBFS File No. SAT-
AMD-20210818-00105 (Aug. 18, 2021).
20
See SpaceX Services, Inc., DA 22-695 (IB rel. June 30, 2022).

9
whenever they want, and whatever they are doing. In particular, they have grown accustomed to

being able to connect using small, hand-held devices that they can carry with them or affix to

mobile platforms. In order to expand into this mobile services arena, SpaceX recently acquired

Swarm Technologies, Inc. (“Swarm”), a company authorized to deploy and operate 150 small

NGSO satellites designed to provide narrowband services in the very-high frequency (“VHF”)

137-138 MHz and 148-150.5 MSS bands.21 Swarm has already launched most of its authorized

satellites and is offering services to customers in the agriculture, maritime, energy, environmental,

and transportation sectors, among others in need of global satellite connectivity for Internet-of-

things (“IoT”) devices.

And in the same way that SpaceX proposed its Gen2 constellation to augment its NGSO

FSS capabilities, with this application SpaceX proposes to augment its NGSO MSS capabilities

with authority to provide next-generation services to mobile users in those most remote corners of

the country as well.

The 20 x 20 MHz of MSS spectrum available in the 2 GHz band will support a range of

mobile satellite services, enabling SpaceX to craft a compelling array of offerings to address the

connectivity needs of Americans. Due to its low altitudes, SpaceX’s 2 GHz MSS system will

provide service with latency below 50 milliseconds, which is nearly unnoticeable to consumers.

This system will ensure that all Americans—even those in Polar Regions—enjoy the same low-

latency mobile services. And consumers are not the only beneficiaries of this improved service.

For many Federal users, satellite service is the only communications option to support critical

21
See Public Notice, DA 21-1238 (IB rel. Oct. 1, 2021) (confirming authority for Swarm transfer of control to
SpaceX).

10
missions. Improving capacity and latency for these users could have significant national security

benefits. All of these services are in the public interest.

Significantly, SpaceX’s proposed 2 GHz MSS constellation will employ a host of cutting-

edge innovations to ensure its system does not cause radiofrequency interference to others. As

discussed in the Technical Attachment accompanying this application, the system will not create

harmful interference to GSO satellites authorized to provide service in the 2 GHz band—even

assuming such satellites continue to operate beyond their current expiration dates.22 By operating

at low altitudes, the proposed SpaceX 2 GHz MSS system will enable small spot beams and greater

satellite diversity, achieving a high degree of frequency reuse and thereby significantly enhancing

the data capacity that can be made available anywhere in the world and providing efficient reuse

of valuable spectrum resources. By ensuring every user has multiple satellites in view from any

given point on the ground, SpaceX’s system will have flexibility to deliver robust service, even in

a crowded spectrum environment. As it has done with its Gen1 NGSO FSS system, SpaceX will

seek in every case to reach coordination agreements that optimize spectrum efficiency and allow

for the greatest operational flexibility possible among licensed systems.

Finally, SpaceX has engineered its 2 GHz MSS capabilities to require no additional

satellites on orbit beyond those the Commission has already licensed, or any change to their orbital

characteristics. SpaceX has also designed the 2 GHz MSS payload so that it can be incorporated

into SpaceX’s Gen1 FSS satellites without materially increasing the extremely low risk that these

satellites will become a source of orbital debris. It will also have no affect on the satellites’

reliability on orbit or their demisability.

22
See Technical Attachment 5-6.

11
III. ITU COST RECOVERY

SpaceX is aware that, as a result of the actions taken at the 1998 Plenipotentiary

Conference, as modified by the ITU Council in 2005, the ITU now charges processing fees for

satellite network filings. As a consequence, Commission applicants are responsible for any and

all fees charged by the ITU. SpaceX confirms that it is aware of this requirement and accepts

responsibility to pay any ITU cost recovery fees associated with this application. Invoices for such

fees may be sent to the contact representative listed in the accompanying FCC Form 312.

IV. ELIGIBILITY AND OPERATIONAL REQUIREMENTS

To the extent necessary, SpaceX confirms that (1) it will post a surety bond as required

under Section 25.165 of the Commission’s rules; (2) it will comply with the Commission’s

milestone requirements; and (3) it does not have any other application for an NGSO-like satellite

system license on file with the Commission, or any licensed-but-unbuilt NGSO-like system, in any

frequency band involved in this application.

12
 CONCLUSION

For the foregoing reasons, and for the reasons set forth in the accompanying materials,

SpaceX requests that the Commission find that granting approval for orbital deployment and a

station license (i.e., operating authority) for SpaceX’s proposed 2 GHz MSS system will serve the

public interest, and issue such grant expeditiously.

Respectfully submitted,

SPACE EXPLORATION HOLDINGS, LLC

By: _/s/ David Goldman________

William M. Wiltshire David Goldman
Paul Caritj Senior Director of Satellite Policy

HARRIS, WILTSHIRE & GRANNIS LLP SPACE EXPLORATION TECHNOLOGIES CORP.

1919 M Street, N.W. 1155 F Street, NW
Suite 800 Suite 475
Washington, DC 20036 Washington, DC 20004
202-730-1301 tel 202-649-2700 tel
202-730-1301 fax 202-649-2701 fax

Counsel to SpaceX

July 25, 2022

13