Comment on the Kuiper Systems LLC application to the U.S. Federal Communications Commission to operate a constellation of up to 5,105 Direct-To-Device satellites (16 September 2026)

September 16, 2026

Before the

FEDERAL COMMUNICATIONS COMMISSION

Washington, D.C. 20554

via ICFS Electronic Filing

In re: Application of Kuiper Systems LLC for Authority to Launch and Operate a Non-Geostationary Satellite Orbit System (ICFS #: SAT-LOA-20260601-00224)

COMMENTS OF THE CENTER FOR SPACE ENVIRONMENTALISM

The Center for Space Environmentalism (CSE)1 respectfully submits these comments regarding the application submitted by Kuiper Systems LLC (hereinafter “Amazon Leo”). Amazon Leo requests authority to deploy and operate a non-geostationary orbit (NGSO) constellation of up to 5,105 satellites designed to deliver direct-to-device (D2D) connectivity.2

CSE opposes this application. While expanding mobile connectivity is a stated goal of Amazon Leo, outer space and the upper atmosphere remain a shared human environment with distinct connections to the terrestrial environment. The deployment of over 5,000 massive D2D satellites represents a fundamental alteration of the night sky, introduces unaddressed ecological hazards, and relies on a procedural framework that deliberately obscures orbital debris risks from the public.

I. Dark and Quiet Skies protection

Deploying thousands of large D2D satellites threatens both optical astronomy and the radio frequency spectrum. Amazon Leo's scale and operational profile conflict directly with the preservation of the night sky.

A. Optical brightness

Amazon Leo requests authority to deploy 5,105 satellites across low Earth orbit shells ranging from 510 km to 580 km.3 Satellites designed for direct-to-device connectivity require exceptionally large phased-array antennas to close the link with unmodified terrestrial handsets. This physical scale inherently increases optical brightness, generating streaks that pollute ground-based astronomical observations. Independent research confirms that the aggregate glow from the proliferation of massive illuminated space objects is a rapidly increasing source of artificial night sky brightness that disrupts astronomical research worldwide.4

B. Radio frequency interference and Unintended Electromagnetic Radiation (UEMR)

The proposed system plans to utilize an extensive array of frequencies, including the L-band (1518-1525 MHz, 1668-1675 MHz), Ka-band, V-band, and 50-52 GHz bands.5 High-power transmissions to mobile handsets drastically increase the likelihood of out-of-band emissions and UEMR. Independent radio astronomy research has confirmed that dense satellite constellations leak significant UEMR, which actively threatens delicate radio astronomy installations across multiple frequency bands.6

C. Unprecedented downlink power levels

As detailed in Amazon Leo's Schedule S, Amazon Leo proposes downlink power flux-density levels reaching -81 dB (W/m2/MHz) down to low elevation angles.7 These power levels are approximately 25 dB higher than standard Fixed-Satellite Service (FSS) broadband downlinks and far exceed power levels evaluated under international study. Transmitting at these elevated power levels across 5,105 active spacecraft drastically elevates the risk of Unintended Electromagnetic Radiation (UEMR) leaking into adjacent spectrum.

D. Encroachment on protected passive bands

Amazon Leo also requests direct-to-cell operations spanning 1427-2690 MHz.8 The endpoints of this range directly abut passive frequency windows, specifically the 1400-1427 MHz neutral hydrogen line band (afforded absolute protection under ITU Radio Regulations No. 5.340) and the 2690-2700 MHz Radio Astronomy band. High-power wideband beams operating immediately adjacent to these passive windows risk overpowering delicate radio astronomy receivers.

E. Unallocated international Mobile-Satellite Service (MSS) operations

Outside the United States, Amazon Leo proposes operating Mobile-Satellite Services across multiple bands, including 1518-1525 MHz, 1618.725-1621.35 MHz, and 1668-1675 MHz, in the absence of an international MSS allocation, relying on ITU RR No. 4.4.9 Deploying an unprecedented 5,105-satellite system under non-interference/non-protected status subverts established international frequency allocation processes and relies on unenforceable private coordination promises.

F. Sweeping rule waivers that threaten spectrum coexistence

Rather than engineering a system that abides by established interference protection standards, the applicant requests broad waivers of core Commission rules:10

• Power Flux-Density (PFD)  limits.11 Amazon Leo requests a waiver to exceed established PFD thresholds on TT&C downlinks at low elevation angles, increasing background interference for co-frequency terrestrial and space operators.12

• Equivalent Power Flux-Density (EPFD) limits.13 Amazon Leo seeks to bypass legacy ITU Ka-band EPFD limits, removing essential operational protections designed to prevent harmful interference between NGSO and GSO networks.14

• U.S. Table of Frequency Allocations.15 Amazon requests authority for non-conforming gateway downlinks in the 42.0–42.5 GHz and 51.4–52.4 GHz bands.16 Operating non-conforming frequency allocations in these bands sets a dangerous precedent of prioritizing commercial speed over orderly spectrum allocation. Amazon Leo offers vague commitments to take “reasonable” steps to protect co-frequency GSO, fixed, and mobile operators,17 but it makes zero commitment to protect adjacent Radio Astronomy Services (RAS) operating in millimeter-wave frequencies, demonstrating an unacceptable disregard for spectrum stewardship.

II. Unaddressed environmental and upper atmosphere impacts

The Federal Communications Commission continues to process massive NGSO constellation applications under an outdated Categorical Exclusion from the National Environmental Policy Act (NEPA).18 Deploying 5,105 massive satellites introduces cumulative, unprecedented environmental hazards across the Earth-space continuum that legally mandate a full Environmental Assessment (EA) under 47 C.F.R. § 1.1307. The Commission cannot continue to issue Findings of No Significant Impact (FONSI) while ignoring these cumulative ecological tolls.

A. Continuous atmospheric re-entry and mass deposition

The satellites in the Amazon Leo D2D constellation have a stated estimated operational lifetime of merely 7 years.19 Maintaining a 5,105-satellite constellation on a 7-year replacement cycle requires deorbiting and burning up approximately 730 satellites every year, or an average of two spacecraft demising in the upper atmosphere every calendar day. This short lifespan necessitates a continuous, high-cadence cycle of deorbiting and replacing spacecraft. This continuous launch and atmospheric re-entry cycle injects unprecedented amounts of black carbon (soot), water vapor, and reactive alumina aerosol particles into the mesosphere and stratosphere.20 Because D2D satellites require exceptionally large physical structures, phased-array antennas, and heavy solar arrays to close communications links with terrestrial handsets, this high-cadence deorbit schedule will deposit hundreds of metric tons of vaporized aluminum alloys, copper, and toxic propellant particulates directly into the mesosphere and stratosphere annually.

B. Stratospheric ozone depletion and atmospheric radiative forcing

The post-mission disposal of thousands of D2D spacecraft generates a persistent cloud of reactive aluminum oxide (alumina) aerosol particles in the stratosphere. Independent, peer-reviewed scientific research demonstrates that stratospheric alumina accumulation acts as a persistent catalyst for global ozone layer destruction while absorbing solar radiation and altering upper-atmosphere thermal dynamics.21

C. Cumulative launch footprint and coastal ecosystem destruction

Achieving and maintaining a 5,105-satellite constellation requires dozens of rocket launches annually over the 15-year license term. The application evaluates orbital mechanics in isolation while ignoring the cumulative terrestrial footprint of high-cadence launch operations. Repeated rocket launches subject sensitive coastal launch environments to extreme low-frequency acoustic trauma (frequently exceeding 130 dB near the pad), blast overpressure, and sonic booms that cause physical hearing loss, physiological stress, and nest abandonment in endangered bird and marine species.22 Furthermore, launch pad sound-suppression deluge systems discharge hundreds of thousands of gallons of industrial runoff per launch, dispersing aluminum, unburned propellants, and perchlorates into surrounding wetland ecosystems and coastal barrier islands.23

III. Lack of public transparency and concealment of orbital safety data

Amazon Leo's filings demonstrate a concerted effort to evade both established technical rules and public scrutiny. The public cannot accurately assess the environmental and collision risks of this constellation due to Amazon Leo's deliberate concealment of critical data.

Amazon Leo has actively suppressed independent scientific review by filing a Request for Confidential Treatment to withhold the National Aeronautics and Space Administration's (NASA) Debris Assessment Software (DAS) activity log, placing it in a “Confidential Appendix 2”.24 By claiming that vital orbital debris modeling and collision risk logs are exempt from public inspection, Amazon Leo violates the public's right to transparent governance over the shared space environment. Amazon Leo’s reliance on FOIA Exemption 425 is legally improper and procedurally defective. The inputs and outputs of the NASA DAS model consist of basic physical parameters such as satellite mass, surface cross-sectional area, orbital altitude, inclination, and atmospheric re-entry casualty area calculations. These basic physical attributes of objects occupying low Earth orbit are environmental safety data, not proprietary trade secrets or commercial financial records. Amazon has failed to demonstrate how disclosing these baseline environmental parameters causes “substantial competitive injury.”

Under the Commission’s guidance on Orbital Debris Mitigation Plans, full transparency regarding DAS input parameters and collision outputs is necessary for independent verification.26 By hiding the raw DAS log, Amazon Leo prevents independent astrophysicists and atmospheric scientists from validating whether Amazon Leo’s collision probability and post-mission disposal models are mathematically sound. Even assuming arguendo that portions of the DAS log contain sensitive proprietary details, the Commission is legally required under 47 C.F.R. § 0.457 to balance private confidentiality claims against the public interest. Disclosing the orbital debris risk models for a proposed mega-constellation of 5,105 massive satellites operating near Starlink orbital shells is vital to protecting public safety, space sustainability, and the upper atmosphere.

IV. Conclusion

Based on the Precautionary Principle, the FCC must err on the side of caution when faced with incomplete or deliberately obscured environmental data. The Center for Space Environmentalism urges the Commission to:

1. Formally deny Amazon’s Request for Confidential Treatment pursuant to 47 C.F.R. § 0.459(d), order the immediate public disclosure of “Confidential Appendix 2”, and pause all public comment deadlines until independent scientific entities have had a full 30 days to review the unredacted DAS activity log; and

2. Mandate a full Environmental Assessment prior to advancing this application.

1 The Center for Space Environmentalism is a multidisciplinary consortium of astrophysicists, orbital dynamicists, and policy experts whose mission is to inspire, inform, and guide the preservation and protection of the space environment.

2 Kuiper Systems LLC, Application for Authority to Launch and Operate a Non-Geostationary Satellite Orbit System, SAT-LOA-20260601-00224, Legal Narrative at 2 (filed July 24, 2026).

3 Kuiper Systems LLC, Application for Authority to Launch and Operate a Non-Geostationary Satellite Orbit System, ICFS File No. SAT-LOA-20260601-00224, Orbital Parameters Attachment, at 1.

4 Miroslav Kocifaj et al., The Proliferation of Space Objects is a Rapidly Increasing Source of Artificial Night Sky Brightness, 504 Monthly Notices Royal Astronomical Soc'y: Letters L40 (2021) http://doi.org/10.1093/mnrasl/slab030; John C. Barentine et al., Aggregate Effects of Proliferating Low-Earth-Orbit Objects and Implications for Astronomical Data Lost in the Noise, 7 Nat. Astronomy 252 (2023) https://doi.org/10.1038/s41550-023-01904-2.

5 Kuiper Systems LLC, Application for Authority to Launch and Operate a Non-Geostationary Satellite Orbit System, ICFS File No. SAT-LOA-20260601-00224, Schedule S, at 1.

6 Federico Di Vruno et al., Unintended Electromagnetic Radiation from Starlink Satellites Detected with LOFAR between 110 and 188 MHz, 676 Astronomy & Astrophysics A75 (2023) https://doi.org/10.1051/0004-6361/202346374; C.G. Bassa et al., Bright Unintended Electromagnetic Radiation from Second-Generation Starlink Satellites, 689 Astronomy & Astrophysics L10 (2024) https://doi.org/10.1051/0004-6361/202451856.

7 Schedule S, supra note 5, at 1.

8 Id.

9 Schedule S, supra note 5, at 1.

10 Kuiper Systems LLC, Application for Authority to Launch and Operate a Non-Geostationary Satellite Orbit System, ICFS File No. SAT-LOA-20260601-00224, Exhibit B - Waiver Requests, at 3.

11 47 C.F.R. § 25.146(a)(1).

12 Waiver Requests, supra note 10, at 1-2.

13 47 C.F.R. § 25.146(a)(2), (c).

14 Waiver Requests, supra note 10, at 2-3.

15 47 C.F.R. § 2.106.

16 Waiver Requests, supra note 10, at 3.

17 Id.

18 National Environmental Policy Act of 1969 § 102, 42 U.S.C. § 4332. As noted by the Government Accountability Office (GAO), the Commission’s failure to update its environmental guidance for satellite constellations represents a critical blind spot in its regulatory obligations. See U.S. Gov't Accountability Off., GAO-23-105005, Satellite Licensing: FCC Should Reexamine Its Environmental Review Process for Large Constellations of Satellites (2022) https://www.gao.gov/products/gao-23-105005. (documenting the Commission’s failure to justify or periodically review its reliance on the 1986 categorical exclusion for large satellite constellations).

19 Schedule S, supra note 5, at 1.

20 S.P. Sharma, Impact of Spaceflight on Earth's Atmosphere: Climate, Ozone, and the Upper Atmosphere, NASA/TM-20240013276 (2024) https://ntrs.nasa.gov/api/citations/20240013276/downloads/NASA-TM-20240013276-V6.pdf; Robert G. Ryan et al., Impact of Rocket Launch and Space Debris Air Pollutant Emissions on Stratospheric Ozone and Global Climate, 10 Earth's Future e2021EF002612 (2022) https://doi.org/10.1029/2021EF002612 (finding that soot particles emitted directly into the upper atmosphere by hydrocarbon rockets produce a climate heating effect 500 times greater per particle than aircraft emissions).

21 J. P. Ferreira et al., Potential Ozone Depletion From Satellite Demise During Atmospheric Reentry in the Era of Mega-Constellations, 51 Geophysical Research Letters e2023GL107293 (2024) https://doi.org/10.1029/2024GL109280; Christopher M. Maloney et al., Investigating the Potential Atmospheric Accumulation and Radiative Impact of the Coming Increase in Satellite Reentry Frequency, 130 J. Geophysical Res.: Atmospheres e2024JD042442 (2025) doi.org/10.1029/2024JD042442.

22 Lee Ping Ang et al., Rocket launches threaten global biodiversity conservation, 5 Comm. Earth & Env't 799 (2024) https://doi.org/10.1038/s43247-024-01963-x (finding that over 62% of active rocket launch sites are located within or directly adjacent to protected areas); see also Kent L. Gee et al., Space Launch System acoustics: Far-field noise measurements of the Artemis-I launch, 3 JASA Express Lett. 023601 (2023), https://doi.org/10.1121/10.0016878 (documenting peak acoustic noise levels reaching 136 dB at 1.5 km and 129 dB at 5.2 km from the launch pad, exceeding pre-launch environmental models).

23 Hyun Jung Cho et al., Satellite-Based Assessment of Rocket Launch and Coastal Change Impacts on Cape Canaveral Barrier Island, Florida, USA, 16 Remote Sensing 4421 (2024) https://doi.org/10.3390/rs16234421 (documenting how high-volume sound suppression water deluge systems and flame trench discharges deposit toxic chemical runoff directly into surrounding coastal wetlands and barrier island soils).

24 Amazon Leo D2D Application, Exhibit C - Technical Attachment and ODAR, at 3.

25 47 C.F.R. § 0.457(d).

26 Orbital Debris Mitigation, FCC Public Guidance (2024) https://www.fcc.gov/space/orbital-debris.

MOTION FOR DISCLOSURE OF CONFIDENTIAL INFORMATION PURSUANT TO 47 C.F.R. § 0.461 AND MOTION TO STAY COMMENT DEADLINE

The Center for Space Environmentalism (CSE) respectfully files this Motion for Disclosure of Confidential Information pursuant to 47 C.F.R. § 0.461 and Motion to Stay

Comment Deadline regarding the above-captioned application of Kuiper Systems LLC (hereinafter “Amazon Leo”).

Amazon Leo seeks Commission authority to launch and operate a massive non-geostationary satellite orbit (NGSO) constellation of up to 5,105 satellites designed to deliver direct-to-device (D2D) connectivity.1 In support of its application, Amazon Leo submitted Exhibit C (“Technical Attachment and ODAR”), but filed a Request for Confidential Treatment under 47 C.F.R. § 0.459 to seal “Confidential Appendix 2,” which contains the National Aeronautics and Space Administration (NASA) Debris Assessment Software (DAS) activity log.2

CSE urges the Commission to: (1) deny Amazon Leo's request for confidential treatment; (2) order the immediate public disclosure of the unredacted NASA DAS activity log in Confidential Appendix 2 pursuant to 47 C.F.R. § 0.461; and (3) stay all public comment deadlines on the underlying application until thirty (30) days following such public disclosure.

I. ARGUMENT
A. Shielding the NASA DAS activity log deprives the public of its statutory right to meaningful comment 

Under the Administrative Procedure Act3 and Section 309 of the Communications Act,4 interested members of the public have a statutory right to a meaningful opportunity to comment on pending space station applications. Meaningful comment requires access to the essential technical data and risk models relied upon by the applicant and the Commission. By withholding the NASA DAS activity log, Amazon Leo conceals the baseline inputs and mathematical outputs used to calculate collision probabilities, area-to-mass ratios, atmospheric demise, and ground casualty risks for 5,105 massive satellites operating in the most densely occupied part of Low Earth Orbit. Without access to “Confidential Appendix 2”, independent astrophysicists, atmospheric scientists, and public interest organizations (including governments of other countries outside the US that may be impacted by reentry debris) cannot audit, verify, or replicate Amazon Leo’s safety claims. Shielding this data deprives the scientific community of its statutory right to participate in this proceeding in an informed manner.

The ODAR contains information that can be used to determine liability under the Outer Space Treaty and Space Liability Convention, in the case of reentry debris causing damage in a country outside the U.S. A statement that NASA’s DAS showed no surviving reentry debris with greater than 15 J of energy is not good enough: much larger pieces of debris have impacted the ground from spacecraft that had similar assurances from their builders. For a single spacecraft the risk may be negligible, but when multiplied by the full 5,105 satellite megaconstellation and over the course of multiple satellite lifetime cycles (stated to be 7 years in Schedule S, implying two reentries per day in steady-state), those add up to unacceptable casualty risks.5 This also applies to on-orbit collision risks, particularly for a new set of thousands of large satellites that are being launched into the highest-density altitude range of LEO.

B. Basic orbital debris parameters are environmental safety data, not FOIA Exemption 4 trade secrets

Amazon Leo’s reliance on FOIA Exemption 46 and 47 C.F.R. § 0.459 is legally defective. To withhold records under Exemption 4, an applicant must demonstrate that disclosure would cause substantial commercial or competitive harm.

The NASA DAS activity log models physical spacecraft parameters such as mass, cross-sectional area, orbital altitude, inclination, and atmospheric re-entry burn-up behavior. The basic dimensions, orbital decay trajectories, and orbital reentry products are environmental safety data, not commercial financial records or “trade secrets”.

Furthermore, under 47 C.F.R. § 0.459(b)(5), an applicant seeking confidentiality must demonstrate why non-confidential portions of a record cannot be segregated. Amazon Leo has placed an unsegregated blanket seal over the entirety of “Confidential Appendix 2”. Broad redaction of baseline safety calculations fails to satisfy the applicant's burden of proof under Commission rules.

C. The public interest requires full disclosure and a stay of the comment deadline

Even if portions of the NASA DAS log contained proprietary details, the Commission is required under 47 C.F.R. § 0.457 to weigh private confidentiality against the public interest. Disclosing orbital debris risk models for a 5,105-satellite constellation is vital to safeguarding orbital sustainability and public safety. To prevent prejudice to public commenters, the Commission must stay the public comment deadline for File No. SAT-LOA-20260601-00224 until thirty (30) days after the unredacted Confidential Appendix 2 is made available for public inspection.

II. CONCLUSION AND REQUEST

For the foregoing reasons, CSE respectfully requests that the Commission grant this Motion, order the immediate public disclosure of “Confidential Appendix 2”, and pause the public comment window accordingly.

1 Kuiper Systems LLC, Application for Authority to Launch and Operate a Non-Geostationary Satellite Orbit System, ICFS File No. SAT-LOA-20260601-00224, Legal Narrative at 2 (filed July 24, 2026).

2 Kuiper Systems LLC, Application for Authority to Launch and Operate a Non-Geostationary Satellite Orbit System, ICFS File No. SAT-LOA-20260601-00224, Exhibit C - Technical Attachment and ODAR at 3 (filed July 24, 2026).

3 5 U.S.C. § 553.

4 47 U.S.C. § 309.

5 Ewan Wright, Aaron Boley & Michael Byers, Satellite Megaconstellations and Collective Casualty Risks, Space Pol'y, Aug. 2026, art. 101749, https://doi.org/10.1016/j.spacepol.2026.101749.

6 47 C.F.R. § 0.457(d).