Analysis of Orbit Debris

Abstract

There is increasing concern about the proposed deployment of tens of thousands of small satellites in constellations deployed in low-Earth orbit (LEO) without new more strict procedures being agreed for removal of satellites at end of life under more stringent and mandatory processes. This chapter provides the full text of the U.S. Federal Communications Commission’s analysis of the proliferation of satellite being deployed in LEO. Recent filings to deploy even larger small satellite constellations and increased congestion in the orbital altitudes between 700 and 1000 km have only served to increase concerns since this FCC analysis was published.

This chapter is a technical document with key information regarding the Handbook of Small Satellites.

Appendices

APPENDIX A

Proposed Rules

The Federal Communications Commission proposes to amend title 47 of the Code of Federal Regulations, parts 5, 25, and 97, as follows:

PART 5 – EXPERIMENTAL RADIO SERVICE

1. The authority citation for Part 5 continues to read as follows:

Authority: Secs. 4, 302, 303, 307, 336 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 302, 303, 307, 336. Interpret or apply sec. 301, 48 Stat. 1081, as amended; 47 U.S.C. 301.

2. Amend Section 5.64 by revising paragraph (b)(1), revising and re-designating paragraphs (b)(2), (b)(3) and (b)(4) as (b)(3), (b)(4) and (b)(5), respectively, and adding paragraphs (b)(2), (c), and (d), to read as follows:

§ 5.64 Special provisions for satellite systems.

∗ ∗ ∗ ∗ ∗

(b) ∗ ∗ ∗

(1) A statement that the space station operator has assessed and limited the amount of debris released in a planned manner during normal operations. Where applicable, this statement must include an orbital debris mitigation disclosure for any separate deployment devices not part of the space station launch that may become a source of orbital debris;

(2) A statement that the space station operator has assessed and limited the probability of the space station(s) becoming a source of debris by collisions with small debris or meteoroids that would cause loss of control and prevent post-mission disposal;

(3) A statement that the space station operator has assessed and limited the probability of accidental explosions or release of liquids that could become debris during and after completion of mission operations. This statement must include a demonstration that debris generation will not result from the conversion of energy sources on board the spacecraft into energy that fragments the spacecraft. Energy sources include chemical, pressure, and kinetic energy and debris includes liquids that persist in droplet form. This demonstration should address whether stored energy will be removed at the spacecraft's end of life, by depleting residual fuel and leaving all fuel line valves open, venting any pressurized system, leaving all batteries in a permanent discharge state, and removing any remaining source of stored energy, or through other equivalent procedures specifically disclosed in the application;

(4) A statement that the space station operator has assessed in the aggregate and limited the probability of the space station(s) becoming a source of debris by collisions with large debris or other operational space stations, including the following information:

(i) Where the application is for an NGSO space station or constellation:

(A) The statement must indicate whether the probability in the aggregate of a collision between the space stations(s) and another large object during the total orbital lifetime of the constellation, including any de-orbit phase, is less than 0.001.

(B) The statement must identify any planned and/or operational space stations that may raise a collision risk, and indicate what steps, if any, have been taken to coordinate with the other spacecraft or system, or what other measures the operator plans to use to avoid collision. This includes disclosure of any planned proximity operations. If the planned space station operational orbit is above 650 kilometers, the statement must specify why the planned orbit was chosen, and if the space station will transit through the orbit of the International Space Station (ISS) or orbit of any other manned spacecraft, at any time during the space station’s mission or de-orbit phase, and the statement must describe the potential impact to the ISS or other manned spacecraft, if any, including design and operational strategies that will be used to avoid collision with manned spacecraft.

(C) The statement must disclose the accuracy – if any – with which orbital parameters will be maintained, including apogee, perigee, inclination, and the right ascension of the ascending node(s). In the event that a system is not able to maintain orbital tolerances, i.e., it lacks a propulsion system for orbital maintenance, that fact should be included in the debris mitigation disclosure. Such systems must also indicate the anticipated evolution over time of the orbit of the proposed satellite or satellites. All systems should describe the extent of satellite maneuverability, whether or not the space station(s) design includes a propulsion system; and

(D) In addition, the statement must include a description of the means for tracking the spacecraft, including whether tracking will be active or passive. The space station operator must certify that upon receipt of a space situational awareness conjunction warning, the operator will review the warning and take all possible steps to assess and, if necessary, to mitigate collision risk, including, but not limited to: contacting the operator of any active spacecraft involved in such warning; sharing ephemeris data and other appropriate operational information with any such operator; modifying spacecraft attitude and/or operations.

(ii) Where a space station requests the assignment of a geostationary-Earth orbit location, it must assess whether there are any known satellites located at, or reasonably expected to be located at, the requested orbital location, or assigned in the vicinity of that location, such that the station keeping volumes of the respective satellites might overlap or touch. If so, the statement must include a statement as to the identities of those parties and the measures that will be taken to prevent collisions; and

(5) A statement detailing the post-mission disposal plans for the space station at end of life, including the quantity of fuel—if any—that will be reserved for post-mission disposal maneuvers. In addition, the following specific provisions apply:

(i) For geostationary-Earth orbit space stations, the statement must disclose the altitude selected for a post-mission disposal orbit and the calculations that are used in deriving the disposal altitude.

(ii) For spacecraft terminating operations in an orbit in or passing through the low-Earth orbit region below 2,000 km altitude, the statement must indicate whether the spacecraft will be disposed of either through atmospheric re-entry within 25 years following the completion of the spacecraft’s mission, or by direct retrieval of the spacecraft.

(iii) Where planned post-mission disposal involves atmospheric re-entry of the space station(s):

(A) The statement must include a demonstration that the probability of success for the disposal method will be no less than 0.90, calculated on an aggregate basis.

(B) For space stations with a planned operational altitude between 650 km and 2,000 km, the statement should include a certification that the satellites will be deployed at an altitude below 650 km, and describe the means that will be used to ensure reliability of disposal, such as through automatic initiation of disposal in the event of loss of power or contact with the space station.

(C) The statement must also include a casualty risk assessment. In general, an assessment should include an estimate as to whether portions of the spacecraft will survive re-entry, including all objects that would impact the surface of the Earth with a kinetic energy in excess of 15 joules, as well as an estimate of the resulting probability of human casualty. Where the risk of human casualty from surviving debris is greater than zero, as calculated using either the NASA Debris Assessment Software or a higher fidelity model, a statement must be provided indicating the actual calculated human casualty risk as well as the input assumptions used in the model.

(c) As a condition of their licenses for experimental satellite facilities, licensees must submit an executed agreement indemnifying the United States against any costs associated with a claim brought against the United States related to the authorized facilities. The agreement, or an updated version thereof, must be submitted no later than 30 days after the grant of the license, an assignment of the license, or a transfer of control of the licensee, or at least 90 days prior to planned launch of the space station, whichever is sooner.

(d) For space stations that include onboard propulsion systems, operators must encrypt telemetry, tracking, and command communications with the space station.

PART 25 – SATELLITE COMMUNICATIONS

3. The authority citation for part 25 continues to read as follows:

Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 310, 319, 332, 605, and 721, unless otherwise noted.

4. Amend Section 25.114(d)(14) by revising paragraph (i), revising and redesignating paragraphs (ii), (iii) and (iv) as (iii), (iv) and (v), respectively, redesignating paragraph (v) as (vi), and adding paragraph (ii), to read as follows:

§ 25.114 Applications for space station authorizations.

∗ ∗ ∗ ∗ ∗

(d) ∗ ∗ ∗

(14) ∗ ∗ ∗

(i) A statement that the space station operator has assessed and limited the amount of debris released in a planned manner during normal operations. Where applicable, this statement must include an orbital debris mitigation disclosure for any separate deployment devices not part of the space station launch that may become a source of orbital debris;

(ii) A statement that the space station operator has assessed in the aggregate and limited the probability of the space station(s) becoming a source of debris by collisions with small debris or meteoroids that would cause loss of control and prevent post-mission disposal;

(iii) A statement that the space station operator has assessed and limited the probability of accidental explosions or release of liquids that could become debris during and after completion of mission operations. This statement must include a demonstration that debris generation will not result from the conversion of energy sources on board the spacecraft into energy that fragments the spacecraft. Energy sources include chemical, pressure, and kinetic energy and debris includes liquids that persist in droplet form. This demonstration should address whether stored energy will be removed at the spacecraft's end of life, by depleting residual fuel and leaving all fuel line valves open, venting any pressurized system, leaving all batteries in a permanent discharge state, and removing any remaining source of stored energy, or through other equivalent procedures specifically disclosed in the application;

(iv) A statement that the space station operator has assessed in the aggregate and limited the probability of the space station(s) becoming a source of debris by collisions with large debris or other operational space stations, including the following information:

(A) Where the application is for an NGSO space station or constellation:

1. The statement must indicate whether the probability in the aggregate of a collision between the space station(s) and another large object during the total orbital lifetime of the constellation, including any de-orbit phases, is less than 0.001;

2. The statement must identify any planned and/or operational space stations that may raise a collision risk, and indicate what steps, if any, have been taken to coordinate with the other spacecraft or system, or what other measures the operator plans to use to avoid collision. This includes disclosure of any planned proximity operations. If the planned space station operational orbit is above 650 kilometers, the statement must specify why the planned orbit was chosen, and if the space station will transit through the orbit of the International Space Station (ISS) or orbit of any other manned spacecraft, at any time during the space station’s mission or de-orbit phase, and the statement must describe the potential impact to the ISS or other manned spacecraft, if any, including design and operational strategies that will be used to avoid collision with manned spacecraft;

3. The statement must disclose the accuracy – if any – with which orbital parameters will be maintained, including apogee, perigee, inclination, and the right ascension of the ascending node(s). In the event that a system is not able to maintain orbital tolerances, i.e., it lacks a propulsion system for orbital maintenance, that fact must be included in the debris mitigation disclosure. Such systems must also indicate the anticipated evolution over time of the orbit of the proposed satellite or satellites. All systems must describe the extent of satellite maneuverability, whether or not the space station(s) design includes a propulsion system; and

4. In addition, the statement must include a description of the means for tracking the spacecraft, including whether tracking will be active or passive. The space station operator must certify that upon receipt of a space situational awareness conjunction warning, the operator will review the warning and take all possible steps to assess and, if necessary, to mitigate collision risk, including, but not limited to: contacting the operator of any active spacecraft involved in such warning; sharing ephemeris data and other appropriate operational information with any such operator; modifying space station attitude and/or operations.

(B) Where a space station requests the assignment of a geostationary-Earth orbit location, it must assess whether there are any known satellites located at, or reasonably expected to be located at, the requested orbital location, or assigned in the vicinity of that location, such that the station keeping volumes of the respective satellites might overlap or touch. If so, the statement must include a statement as to the identities of those parties and the measures that will be taken to prevent collisions; and

(v) A statement detailing the post-mission disposal plans for the space station at end of life, including the quantity of fuel—if any—that will be reserved for post-mission disposal maneuvers. In addition, the following specific provisions apply:

(A) For geostationary-Earth orbit space stations, the statement must disclose the altitude selected for a post-mission disposal orbit and the calculations that are used in deriving the disposal altitude.

(B) For spacecraft terminating operations in an orbit in or passing through the low-Earth orbit region below 2,000 km altitude, the statement must indicate whether the spacecraft will be disposed of either through atmospheric re-entry within 25 years following the completion of the spacecraft’s mission, or by direct retrieval of the spacecraft.

(C) Where planned post-mission disposal involves atmospheric re-entry of the space station(s):

1. The statement must include a demonstration that the probability of success for the disposal method will be no less than 0.90, calculated on an aggregate basis.

2. For space stations with a planned operational altitude between 650 km and 2,000 km, the statement should include a certification that the satellites will be deployed at an altitude below 650 km, and describe the means that will be used to ensure reliability of disposal, such as through automatic initiation of disposal in the event of loss of power or contact with the space station.

3. The statement must also include a casualty risk assessment. In general, an assessment should include an estimate as to whether portions of the spacecraft will survive re-entry, including all objects that would impact the surface of the Earth with a kinetic energy in excess of 15 joules, as well as an estimate of the resulting probability of human casualty. Where the risk of human casualty from surviving debris is greater than zero, as calculated using either the NASA Debris Assessment Software or a higher fidelity model, a statement must be provided indicating the actual calculated human casualty risk as well as the input assumptions used in the model.

(D) Applicants for space stations to be used only for commercial remote sensing may, in lieu of submitting detailed post-mission disposal plans to the Commission, certify that they have submitted such plans to the National Oceanic and Atmospheric Administration for review.

(vi) For non-U.S.-licensed space stations, the requirement to describe the design and operational strategies to minimize orbital debris risk can be satisfied by demonstrating that debris mitigation plans for the space station(s) for which U.S. market access is requested are subject to direct and effective regulatory oversight by the national licensing authority.

∗ ∗ ∗ ∗ ∗

4. Amend Section 25.121 to add paragraph (f) as follows:

§25.121 License term and renewals.

(f) Geostationary Satellite License Term Extensions. License term extensions for geostationary space stations may be authorized by grant of a modification application in increments of five years or less.

5. Amend Section 25.161 to add paragraph (e) as follows:

§25.161 Automatic termination of station authorization.

(e) The failure to file an executed indemnification agreement in accordance with § 25.166.

6. Add Section 25.166 to read as follows:

§25.166 Indemnification.

As a condition of their licenses, space station licensees must submit an executed agreement indemnifying the United States against any costs associated with a claim brought against the United States related to the authorized facilities. The agreement, or an updated version thereof, must be submitted no later than 30 days after the grant of the license, an assignment of the license, or a transfer of control of the licensee, or at least 90 days prior to planned launch of the space station, whichever is sooner.

7. Revise paragraph (e) to Section 25.271 to read as follows:

§25.271 Control of Transmitting Stations.

∗ ∗ ∗ ∗ ∗

(e) An NGSO licensee or market access recipient must ensure that ephemeris data for its space station or constellation is available to all operators of operational satellite systems identified pursuant to § 25.114(d)(14)(iv)(A)(2) that may raise a collision risk.

8. Revise Section 25.282 to read as follows:

§ 25.282 Orbit raising.

A space station may operate in connection with short-term, transitory maneuvers directly related to post-launch, orbit-raising maneuvers, in the telemetry, tracking, and command frequencies authorized for operation at the assigned orbital position. Such orbit-raising operations must be coordinated on an operator-to-operator basis with any potentially affected satellite networks.

9. Add Section 25.290 to read as follows:

§ 25.290 Telemetry, tracking, and command encryption.

For space stations that include onboard propulsion systems, operators must encrypt telemetry, tracking, and command communications with the space station.

PART 97 – AMATEUR RADIO SERVICE

5. The authority citation for part 97 continues to read as follows:

Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47 U.S.C. 151-155, 301-609, unless otherwise noted.

6. Amend Section 97.207 by revising paragraph (g)(1)(i), revising and redesignating paragraphs (g)(1)(ii), (g)(1)(iii), and (g)(1)(iv) as (g)(1)(ii), (g)(1)(iv), and (g)(1)(v), respectively, redesignating paragraph (g)(1)(v) as (g)(1)(vi), adding paragraph (g)(1)(ii), and adding paragraphs (h) and (i), to read as follows:

§ 97.207 Space station. ∗ ∗ ∗ ∗ ∗

(g) ∗ ∗ ∗

(1) ∗ ∗ ∗

(i) A statement that the space station licensee has assessed and limited the amount of debris released in a planned manner during normal operations. Where applicable, this statement must include an orbital debris mitigation disclosure for any separate deployment devices not part of the space station launch that may become a source of orbital debris;

(ii) A statement that the space station licensee has assessed in the aggregate and limited the probability of the space station(s) becoming a source of debris by collisions with small debris or meteoroids that would cause loss of control and prevent post-mission disposal;

(iii) A statement that the space station licensee has assessed and limited the probability of accidental explosions or release of liquids that could become debris during and after completion of mission operations. This statement must include a demonstration that debris generation will not result from the conversion of energy sources on board the spacecraft into energy that fragments the spacecraft. Energy sources include chemical, pressure, and kinetic energy and debris includes liquids that persist in droplet form. This demonstration should address whether stored energy will be removed at the spacecraft's end of life, by depleting residual fuel and leaving all fuel line valves open, venting any pressurized system, leaving all batteries in a permanent discharge state, and removing any remaining source of stored energy, or through other equivalent procedures specifically disclosed in the notification;

(iv) A statement that the space station licensee has assessed in the aggregate and limited the probability of the space station(s) becoming a source of debris by collisions with large debris or other operational space stations, including the following information:

(A) Where the space station is a NGSO space station or constellation:

(1) The statement must indicate whether the probability in the aggregate of a collision between the space station(s) and another large object during the total orbital lifetime of the constellation, including any de-orbit phases, is less than 0.00;1

(2) The statement must identify any planned and/or operational space stations that may raise a collision risk, and indicate what steps, if any, have been taken to coordinate with the other spacecraft or system, or what other measures the operator plans to use to avoid collision. This includes disclosure of any planned proximity operations. If the planned space station operational orbit is above 650 kilometers, the statement must specify why the planned orbit was chosen, and if the space station will transit through the orbit of the International Space Station (ISS) or orbit of any other manned spacecraft, at any time during the space station’s mission or de-orbit phase, and the statement must describe the potential impact to the ISS or other manned spacecraft, if any, including design and operational strategies that will be used to avoid collision with manned spacecraft;

(3) The statement must disclose the accuracy – if any – with which orbital parameters will be maintained, including apogee, perigee, inclination, and the right ascension of the ascending node(s). In the event that a system is not able to maintain orbital tolerances, i.e., it lacks a propulsion system for orbital maintenance, that fact must be included in the debris mitigation disclosure. Such systems must also indicate the anticipated evolution over time of the orbit of the proposed satellite or satellites. All systems must describe the extent of satellite maneuverability, whether or not the space station(s) design includes a propulsion system; and

(4) In addition, the statement must include a description of the means for tracking the spacecraft, including whether tracking will be active or passive. The space station licensee must certify that upon receipt of a space situational awareness conjunction warning, the licensee or operator will review the warning and take all possible steps to assess and, if necessary, to mitigate collision risk, including, but not limited to: contacting the operator of any active spacecraft involved in such warning; sharing ephemeris data and other appropriate operational information with any such operator; modifying space station attitude and/or operations.

(B) Where a space station requests the assignment of a geostationary-Earth orbit location, it must assess whether there are any known satellites located at, or reasonably expected to be located at, the requested orbital location, or assigned in the vicinity of that location, such that the station keeping volumes of the respective satellites might overlap or touch. If so, the statement must include a statement as to the identities of those parties and the measures that will be taken to prevent collisions; and

(v) A statement detailing the post-mission disposal plans for the space station at end of life, including the quantity of fuel—if any—that will be reserved for post-mission disposal maneuvers. In addition, the following specific provisions apply:

(A) For geostationary-Earth orbit space stations, the statement must disclose the altitude selected for a post-mission disposal orbit and the calculations that are used in deriving the disposal altitude.

(B) For spacecraft terminating operations in an orbit in or passing through the low-Earth orbit region below 2,000 km altitude, the statement must indicate whether the spacecraft will be disposed of either through atmospheric re-entry within 25 years following the completion of the spacecraft’s mission, or by direct retrieval of the spacecraft.

(C) Where planned post-mission disposal involves atmospheric re-entry of the space station:

(1) The statement must include a demonstration that the probability of success for the disposal method will be no less than 0.90, calculated on an aggregate basis.

(2) For space stations with a planned operational altitude between 650 km and 2,000 km, the statement should include a certification that the satellites will be deployed at an altitude below 650 km, and describe the means that will be used to ensure reliability of disposal, such as through automatic initiation of disposal in the event of loss of power or contact with the space station.

(3) The statement must also include a casualty risk assessment. In general, an assessment should include an estimate as to whether portions of the spacecraft will survive re-entry, including all objects that would impact the surface of the Earth with a kinetic energy in excess of 15 joules, as well as an estimate of the resulting probability of human casualty. Where the risk of human casualty from surviving debris is greater than zero, as calculated using either the NASA Debris Assessment Software or a higher fidelity model, a statement must be provided indicating the actual calculated human casualty risk as well as the input assumptions used in the model.

(vi) If any material item described in this notification changes before launch, a replacement pre-space notification shall be filed with the International Bureau no later than 90 days before integration of the space station into the launch vehicle.

∗ ∗ ∗ ∗ ∗

(h) At least 90 days prior to planned launch of the space station, the license grantee of each space station must submit an executed agreement indemnifying the United States against any costs associated with a claim brought against the United States related to the authorized facilities.

(i) For space stations that include onboard propulsion systems, operators must encrypt telemetry, tracking, and command communications with the space station.

APPENDIX B

Initial Regulatory Flexibility Analysis

As required by the Regulatory Flexibility Act of 1980, as amended (RFA),²⁴² the Commission has prepared this present Initial Regulatory Flexibility Analysis (IRFA) of the possible significant economic impact on a substantial number of small entities by the policies and rules proposed in this Notice of Proposed Rulemaking (NPRM). Written public comments are requested on this IRFA. Comments must be identified as responses to the IRFA and must be filed by the deadlines specified in the NPRM for comments. The Commission will send a copy of this NPRM, including this IRFA, to the Chief Counsel for Advocacy of the Small Business Administration (SBA).²⁴³ In addition, the NPRM and IRFA (or summaries thereof) will be published in the Federal Register.²⁴⁴

A. Need for, and Objectives of, the Proposed Rules

The Commission originally adopted comprehensive rules relating to the mitigation of orbital debris in 2004. Consideration of orbital debris issues remains an important part of preserving access to space for the long term, as well as the safety of persons and property in space on the surface of the Earth. This NPRM represents the first comprehensive update to our rules on orbital debris mitigation since their adoption. The basis for these revisions and additions to those rules includes the Commission’s experience gained in the licensing process, updates in mitigation guidelines and practices, and market developments. Our objective is to ensure that space stations applying for a license or grant of market access, or otherwise authorized by the Commission, including experimental and amateur satellite systems, provide a statement concerning plans for orbital debris mitigation that enables the Commission to fully evaluate whether the proposed operations are in the public interest.

With this in mind, this NPRM seeks comment on a number of proposals revising the Commission’s rules and policies for limiting orbital debris. Adoption of the proposed changes would modify 47 CFR parts 5, 25, and 97 to, among other things:

1) Require satellite applicants to demonstrate compliance with certain metrics developed for assessing orbital debris mitigation plans by the National Aeronautics and Space Administration (NASA).

2) Require additional disclosures to the Commission regarding risk of collision, trackability, maneuverability, proximity operations, if any, choice of orbit, and impact on manned spacecraft, if any.

3) Require information regarding the probability of success for the chosen disposal method, where disposal is planned by atmospheric re-entry.

4) Require satellite applicants with planned operations in certain orbits to make certifications related deploying at a lower orbit and then raising the satellite(s) for operations.

5) Require satellite licensees to indemnify the United States government against any costs associated with a claim brought against the United States related to the authorized facilities.

B. Legal Basis

The proposed action is authorized under Sections 1, 4(i), 301, 303, 307, 308, 309, and 310 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 301, 303, 307, 308, 309, and 310.

C. Description and Estimate of the Number of Small Entities to Which the Proposed Rules May Apply

The RFA directs agencies to provide a description of, and, where feasible, an estimate of, the number of small entities that may be affected by adoption of proposed rules.²⁴⁵ The RFA generally defines the term “small entity” as having the same meaning as the terms “small business,” “small organization,” and “small governmental jurisdiction.”²⁴⁶ In addition, the term “small business” has the same meaning as the term “small business concern” under the Small Business Act.²⁴⁷ A small business concern is one which: (1) is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the Small Business Administration (SBA).²⁴⁸ Below, we describe and estimate the number of small entity licensees that may be affected by adoption of the proposed rules.

Satellite Telecommunications and All Other Telecommunications

The rules proposed in this NPRM would affect some providers of satellite telecommunications services, if adopted. Satellite telecommunications service providers include satellite and earth station operators. Since 2007, the SBA has recognized two census categories for satellite telecommunications firms: “Satellite Telecommunications” and “Other Telecommunications.” Under both categories, a business is considered small if it had $32.5 million or less in annual receipts.²⁴⁹

The first category of Satellite Telecommunications “comprises establishments primarily engaged in providing point-to-point telecommunications services to other establishments in the telecommunications and broadcasting industries by forwarding and receiving communications signals via a system of satellites or reselling satellite telecommunications.”²⁵⁰ For this category, Census Bureau data for 2007 show that there were a total of 512 satellite communications firms that operated for the entire year. Of this total, 482 firms had annual receipts of under $25 million.

The second category of Other Telecommunications is comprised of entities “primarily engaged in providing specialized telecommunications services, such as satellite tracking, communications telemetry, and radar station operation. This industry also includes establishments primarily engaged in providing satellite terminal stations and associated facilities connected with one or more terrestrial systems and capable of transmitting telecommunications to, and receiving telecommunications from, satellite systems. Establishments providing Internet services or voice over Internet protocol (VoIP) services via client-supplied telecommunications connections are also included in this industry.”²⁵¹

The NPRM proposes and seeks comment on a number of rule changes that would affect reporting, recordkeeping, and other compliance requirements for space station operators. Each of these changes is described below.

The NPRM proposes to require several disclosures specifying compliance with several metrics established by NASA, such as probability of collision between the spacecraft and large objects. Many of the entities, for example, experimental licensees, that would be affected by these proposed rules already use a format for their orbital debris mitigation plans that is consistent with the NASA Orbital Debris Assessment Report (ODAR). The ODAR format includes several of the proposed NASA metrics that are incorporated into the proposed rules such as calculations related to re-entry casualty risk. Thus, to the extent that these entities already use the ODAR format, there would be no change to their existing recordkeeping and compliance requirements as a result of these proposed changes. For other entities that have not or would not use the ODAR format to report their orbital debris mitigation plans, some of these changes will involve some additional proposed calculations to provide the appropriate certifications, such as certifying that the probability of collision between a space station and another large object is less than 0.001. Given the engineering associated with development of a spacecraft, we expect that these calculations will be a natural outgrowth of work already being performed in designing and planning space station(s) operations. The NPRM also proposes to require that collision risk information be provided in the aggregate, that is, for the space station constellation as a whole. Since most small entities do not launch and operate large satellite constellations, we do not anticipate that this requirement to provide a collision risk assessment in the aggregate will be burdensome. In addition, we note the new requirement for demonstration that the probability of reliability for a particular disposal method is no less than 0.90, calculated on an aggregate basis. We anticipate that most small entities will be planning disposal of their spacecraft by atmospheric re-entry. So long as the spacecraft is deployed into a low altitude orbit, which most small entities’ spacecraft are, atmospheric re-entry will be virtually guaranteed within a certain amount of time.

The NPRM also proposes to require that applicants for a space station license or authorization provide disclosures regarding methodologies used for tracking and certifications related to space situational awareness, as well as disclosures regarding choice of orbit and potential impact to manned spacecraft. Information regarding tracking and sharing of data for purposes of space situational awareness should be readily available to applicants and operators. We anticipate that disclosures relating to choice of orbit and potential impacts to manned spacecraft should be an extension of analysis undertaken by a space station operator as part of selection of a launch vehicle and operational orbit.

In addition, the NPRM proposes that operators of spacecraft make ephemeris data available to all operators of operational satellite systems identified as potentially raising a collision risk with its system. We anticipate that small entities will generally be operating only a few spacecraft, and so will only need to address this ephemeris data requirement for a limited number of space stations.

11 See 13 CFR § 121.201, NAICS code 517919.

12 U.S. Census Bureau, 2007 Economic Census, Subject Series: Information, Table 5, “Establishment and Firm Size: Employment Size of Firms for the United States: 2007 NAICS Code 517919” (issued Nov. 2010).

We do not expect that the any of the proposed changes relating to the operation of geostationary-orbit (GSO) space stations would affect small entities, since GSO space stations generally cost hundreds of millions of dollars to construct, launch, and operate. Similarly, we do not expect that the proposed requirements applicable to NGSO space stations operating between 650 km and 2,000 km will apply to small entities, since we expect that most lower-cost space systems are deployed at lower altitudes.

The NPRM also proposes that U.S. space station licensees or grantees submit an executed agreement indemnifying the United States against any costs associated with a clam brought against the United States related to the authorized facilities. This proposal would apply to experimental licensees and authorized amateur space station license grantees, and would likely increase the compliance requirements for some entities. The NPRM also seeks comment on possible insurance requirements for space station licensees/grantees.

Steps Taken to Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered

The RFA requires an agency to describe any significant, specifically small business, alternatives that it has considered in reaching its proposed approach, which may include the following four alternatives (among others): “(1) the establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance and reporting requirements under the rules for such small entities; (3) the use of performance rather than design standards; and (4) an exemption from coverage of the rule, or any part thereof, for such small entities.”²⁵²

With respect to the additional orbital debris mitigation plan disclosure requirements described above, we believe that the disclosures will in most instances be consistent with, or a natural outgrowth of, analysis that is already being conducted by space station applicants and/or operators. These additional disclosures should be consistent with the types of operations that are in the space station operator’s best interest, such as avoiding collision with other spacecraft. In several instances, certifications are proposed, but in other instances, we believe that a descriptive disclosure is superior to a certification alternative, to provide the applicant with an opportunity to fully explain its plans for Commission evaluation. As an alternative to the disclosures, we could propose not to require any additional information, but as described in the NPRM, the public interest in mitigating orbital debris and ensuring the long-term viability of the space environment may weigh in favor of the additional disclosures. Several of the proposals apply only to space stations with planned deployment altitudes between above 650 km. This 650 km altitude is based upon anticipated on-orbit lifetimes, as described in the NPRM, and we anticipate will not be applicable to most small entities’ space stations. That specific altitude was proposed to address orbits where deployments may be of particular concern, without burdening operators planning to deploy in lower orbits. We seek comment in the NPRM on the costs and benefits of the proposed requirements applying to space stations deployed above 650 km.

The Commission seeks comment on the proposed indemnification requirements related to space station authorization. Given the basis for proposing such a requirement in the NPRM, which relates to the role of the Commission generally, we do not consider categorical exemptions relevant to small entities. As to the insurance proposals, the NPRM asks whether certain entities should be exempted, including entities such as relatively low risk systems, which could ease the potential compliance burden for small entities.

The NPRM seeks comment from all interested parties. Small entities are encouraged to bring to the Commission’s attention any specific concerns they may have with the proposals outlined in the NPRM. The Commission expects to consider any economic impact on small entities.

a. Federal Rules that May Duplicate, Overlap, or Conflict with the Proposed Rules

None.