Use of negotiated rulemaking in developing technical rules for low-Earth orbit mobile satellite systems

Technical innovations have converged with the exploding market demand for mobile telecommunications to create the impetus for low-earth orbit (LEO) communications satellite systems. The so-called 'Little LEO's' propose use of VHF and UHF spectrum to provide position - location and data messaging services. The so-called 'Big LEO's' propose to utilize the RDSS bands to provide voice and data services. In the United States, several applications were filed with the U.S. Federal Communications Commission (FCC) to construct and operate these mobile satellite systems. To enable the prompt introduction of such new technology services, the FCC is using innovative approaches to process the applications. Traditionally, when the FCC is faced with 'mutually exclusive' applications, e.g. a grant of one would preclude a grant of the others, it uses selection mechanisms such as comparative hearings or lotteries. In the case of the LEO systems, the FCC has sought to avoid these time-consuming approaches by using negotiated rulemakings. The FCC's objective is to enable the multiple applicants and other interested parties to agree on technical and service rules which will enable the grant of all qualified applications. With regard to the VHF/UHF systems, the Advisory Committee submitted a consensus report to the FCC. The process for the systems operating in the bands above 1 GHz involved more parties and more issues but still provided the FCC useful technical information to guide the adoption of rules for the new mobile satellite service.