Muon Space tells the FCC that AT&T, CTIA, and SiriusXM have the spectrum-sharing law wrong

The FCC's "Spectrum Abundance for Weird Space Stuff" proceeding has drawn an ex parte letter from Muon Space, which says it is correcting "material mischaracterizations of its comments and misstatements of law." Muon backs new secondary allocations for Space Operation Service uplinks to enable TT&C, but it wants the FCC to reject arguments by AT&T, CTIA, and SiriusXM that the Commission "cannot authorize other users to share their licensed bands," even when a new entrant could do so "without causing or claiming protection from harmful interference." The bands Muon identifies sit between 2305 and 2360 MHz, licensed to SiriusXM and AT&T.

Muon's alternative to mandatory leasing is secondary, non-interference access, with "the burden of demonstrating non-interference" falling "entirely on the applicant before any operation is authorized." It cites a D.C. Circuit ruling that secondary use, absent harmful interference, does not diminish primary licensees' rights. Docket 26-54 holds 67 filings from 51 distinct parties, including 55 comments.

"This would effectively tear up decades of spectrum-sharing precedent and allow incumbent licensees to charge a toll for any use of spectrum in bands where they hold licenses …"

— Paul Caritj, Counsel to Muon Space, Inc., FCC docket 26-54

Sources: FCC ECFS filing → · Orbit Sentinel (docket 26-54)