ARRL wants the FCC to facilitate bona fide Amateur Satellite experimentation by educational institutions under Part 97 Amateur Service rules, while precluding the exploitation of amateur spectrum by commercial, small-satellite users authorized under Part 5 Experimental rules. In comments filed on July 9 in an FCC proceeding to streamline licensing procedures for small satellites, ARRL suggested that the FCC adopt a “a bright line test” to define and distinguish satellites that should be permitted to operate under Amateur-Satellite rules, as opposed to non-amateur satellites that could be authorized under Part 5 Experimental rules.
“Specifically, it is possible to clarify which types of satellite operations are properly considered amateur experiments conducted pursuant to a Part 97 Amateur Radio license, and [those] which should be considered experimental, non-amateur facilities, properly authorized by a Part 5 authorization.”
ARRL said it views as “incorrect and overly strict’ the standard the FCC has applied since 2013 to define what constitutes an Amateur Satellite, forcing academic projects that once would have been operated in the Amateur Satellite Service to apply for a Part 5 Experimental authorization instead. This approach was based, ARRL said, on “the false rationale” that a satellite launched by an educational institution must be “non-amateur” because instructors were being compensated and would thus have a “pecuniary interest” in the satellite project. ARRL said well-established Commission jurisprudence contradicts this view.