Office of Space Commerce – Behind The Black

Bi-partisan bill proposed giving space traffic management to Commerce, not FCC

January 28, 2024 3:07 pm Robert Zimmerman

On January 25, 2024 a bill sponsored by a bi-partisan group of senators was introduced assigning the job of managing orbital traffic and the removal of defunct satellites to the Commerce Department, essentially telling both the FCC and NOAA that the attempt by those agencies to grab this power, outside of their statutory authority, will be opposed by elected officials.

The bill puts the responsibility of managing satellite and spacecraft traffic and the regulations regarding de-orbiting satellites to Office of Space Commerce (OSC) within Commerce. It is also supported by the comercial industry, which has not been happy especially with the FCC’s regulatory power grab. Unlike the regulations the FCC is creating, this bill relies heavily on industry advice and consensus, the very people who not only know best what needs to be done, but are the only ones qualified to do it.

Of course, the bill must pass both the Senate, House, and be signed by the President before it becomes law. Whether that can happen remains uncertain, especially since there appear to be a lot of factions inside DC who want to give federal agencies like the FCC legal carte blanche to regulate however they see fit, superseding Congress, the Constitution, and the law. And it seems that Congress now is so weak, those factions might just get what they want.

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Head of Commerce’s space office questions new FCC regulations on space junk

October 1, 2022 10:00 am Robert Zimmerman

Turf war! At a conference yesterday Richard Dalbello, director of the Office of Space Commerce at the Commerce Department, strongly questioned the FCC’s legal authority for its just passed new regulation on the de-orbiting of space junk.

“I think the FCC, for their part, has pushed the boundaries of their authorities pretty aggressively,” he said when asked about what agency should have oversight for issues like that, as his office works to create a civil space traffic management capability. “Although I certainly congratulate them on the depth of their intellectual work,” he said of the FCC and its new order, “a lot of the things that they articulated are probably, arguably, outside their job jar.”

Dalbello’s comments only add to the many turf wars going on in the DC swamp over space regulation. Some in Congress want all space regulation to shift to his office. Others want it to be distributed across a number of agencies in both the military and civilian bureaucracies.

Regardless, Dalbello’s office is the agency that might actually have the legal authority for regulating space junk. And it is certain that the FCC does not have it.

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Congress revises law governing commercial space

November 11, 2015 10:32 am Robert Zimmerman

The competition heats up? Congress this week passed a revision to the Commercial Space Act that they claimed will help encourage the growth of the new industry.

According to the Senate press release, the bill does the following:

Extend the liability waiver for private space launches until 2023
Extend ISS operations until 2024
Establishes a legal right for U.S. companies to mine resources in space
Demands a new more streamlined framework for the government’s regulation of the industry

The last item is probably mostly blather, since a close look at the bill itself [pdf] reveals that most of these demands are merely requirements that the executive branch write a report. The odious rules that will allow the federal government to regulate and restrict the industry all remain. And even though the bill makes a big deal about establishing these regulations in concert with the industry itself, that only means that today’s players can use the government to make it difficult for new players to get started.

The claim that the bill also establishes “a legal right to resources a U.S. citizen may recover in space consistent with current law and international obligations of the United States,” as noted in the Senate press release, is a very big overstatement. The bill’s wording does nothing to get the U.S. out of the UN’s Outer Space Treaty, which forbids any person or nation from claiming ownership of territory in space. All the bill does is express the desire that American citizens should have the right to own what they mine, while at the same time stating that these resources will be “obtained in accordance with applicable law, including the international obligations of the United States.’’ In other words, the Outer Space Treaty still applies, and you can’t own it.

For what it’s worth, the bill also renames the FAA’s space regulatory agency from “The Office of Space Commercialization” to “The Office of Space Commerce.”

All in all, the bill’s most important overall accomplishment is that it strongly emphasizes and encourages the development of a private space industry, and tries to focus the government’s regulatory efforts in that direction. This ain’t perfect, but it could be considered a step in the right direction.

One more thing to note: Senator Ted Cruz (R-Texas) appears to have been a major player in getting this bill written and passed.