A space journalist suddenly notices that the FCC has no legal authority to regulate space junk
An article posted yesterday at Space News was unusual in that this mainstream media space news source and its reporter suddenly recognized, more than a year late, that the FCC’s effort to impose regulations on all satellite companies requiring they build satellites a certain way to facilitate their de-orbit at the end of their lifespan, is based on no statutory authority and is thus illegal.
[A] Supreme Court ruling in June struck down a principle widely known as “Chevron deference,” which gave agencies greater latitude in interpreting ambiguities in laws they enforced. The move has raised questions over the FCC’s space sustainability jurisdiction without a federal law that explicitly authorizes it or other agencies to establish and enforce debris mitigation rules.
Still, the FCC is seen as the logical agency to handle the risk of orbital debris. If courts rule that the FCC has not been granted the authority, Congress will likely address this once it gets around to tackling the issue.
My, my! You mean a federal bureaucrat doesn’t have the right to make law out of thin air, just to facilitate what that bureaucrat thinks should be done? Who wudda thought it!
As an old-fashioned American who believes in freedom and limited government (as clearly established by our Constitution) I had recognized this legal fact immediately in January 2023, when the FCC first made its power grab. That our young modern journalists don’t understand this is both tragic and disgraceful.
What makes this even more disgraceful is that the entire article lobbies hard for the FCC, claiming with no real evidence that “the FCC is seen as the logical agency to handle the risk of orbital debris.”
What this reporter should have known and reported is that both the House and the Senate have disgreed, forcefully. In the House one bill was introduced to give the de-orbit regulatory power to the FAA, while later rejecting a second bill that would have given that power to the FCC. The Senate meanwhile introduced its own bill giving this de-orbit regulatory power to the FAA and Commerce, not the FCC.
Sadly it is probably a mistake to give any government agency too much power in this matter, but our Congress will do so regardless. That is how things are done nowadays. Americans are expected to kow-tow to Washington regulators, in everything they do. Freedom is not the default approach. Regulation is.
On Christmas Eve 1968 three Americans became the first humans to visit another world. What they did to celebrate was unexpected and profound, and will be remembered throughout all human history. Genesis: the Story of Apollo 8, Robert Zimmerman's classic history of humanity's first journey to another world, tells that story, and it is now available as both an ebook and an audiobook, both with a foreword by Valerie Anders and a new introduction by Robert Zimmerman.
The print edition can be purchased at Amazon. from any other book seller, or direct from my ebook publisher, ebookit.
The ebook is available everywhere for $5.99 (before discount) at amazon, or direct from my ebook publisher, ebookit. If you buy it from ebookit you don't support the big tech companies and the author gets a bigger cut much sooner.
The audiobook is also available at all these vendors, and is also free with a 30-day trial membership to Audible.
"Not simply about one mission, [Genesis] is also the history of America's quest for the moon... Zimmerman has done a masterful job of tying disparate events together into a solid account of one of America's greatest human triumphs."--San Antonio Express-News
An article posted yesterday at Space News was unusual in that this mainstream media space news source and its reporter suddenly recognized, more than a year late, that the FCC’s effort to impose regulations on all satellite companies requiring they build satellites a certain way to facilitate their de-orbit at the end of their lifespan, is based on no statutory authority and is thus illegal.
[A] Supreme Court ruling in June struck down a principle widely known as “Chevron deference,” which gave agencies greater latitude in interpreting ambiguities in laws they enforced. The move has raised questions over the FCC’s space sustainability jurisdiction without a federal law that explicitly authorizes it or other agencies to establish and enforce debris mitigation rules.
Still, the FCC is seen as the logical agency to handle the risk of orbital debris. If courts rule that the FCC has not been granted the authority, Congress will likely address this once it gets around to tackling the issue.
My, my! You mean a federal bureaucrat doesn’t have the right to make law out of thin air, just to facilitate what that bureaucrat thinks should be done? Who wudda thought it!
As an old-fashioned American who believes in freedom and limited government (as clearly established by our Constitution) I had recognized this legal fact immediately in January 2023, when the FCC first made its power grab. That our young modern journalists don’t understand this is both tragic and disgraceful.
What makes this even more disgraceful is that the entire article lobbies hard for the FCC, claiming with no real evidence that “the FCC is seen as the logical agency to handle the risk of orbital debris.”
What this reporter should have known and reported is that both the House and the Senate have disgreed, forcefully. In the House one bill was introduced to give the de-orbit regulatory power to the FAA, while later rejecting a second bill that would have given that power to the FCC. The Senate meanwhile introduced its own bill giving this de-orbit regulatory power to the FAA and Commerce, not the FCC.
Sadly it is probably a mistake to give any government agency too much power in this matter, but our Congress will do so regardless. That is how things are done nowadays. Americans are expected to kow-tow to Washington regulators, in everything they do. Freedom is not the default approach. Regulation is.
On Christmas Eve 1968 three Americans became the first humans to visit another world. What they did to celebrate was unexpected and profound, and will be remembered throughout all human history. Genesis: the Story of Apollo 8, Robert Zimmerman's classic history of humanity's first journey to another world, tells that story, and it is now available as both an ebook and an audiobook, both with a foreword by Valerie Anders and a new introduction by Robert Zimmerman.
The print edition can be purchased at Amazon. from any other book seller, or direct from my ebook publisher, ebookit. The ebook is available everywhere for $5.99 (before discount) at amazon, or direct from my ebook publisher, ebookit. If you buy it from ebookit you don't support the big tech companies and the author gets a bigger cut much sooner.
The audiobook is also available at all these vendors, and is also free with a 30-day trial membership to Audible.
"Not simply about one mission, [Genesis] is also the history of America's quest for the moon... Zimmerman has done a masterful job of tying disparate events together into a solid account of one of America's greatest human triumphs."--San Antonio Express-News
Addressing the orbital debris issue is something which really does need to be done. The FCC is poorly qualified to do so, however.
I believe “thunk” is acceptable for the past-tense of “think” in these present days. After all, Dizzy Dean used the word “slud” as a past-tense of “slid” fairly often, and who will object to what the estimable Mr. Dean has to say?
Robert,
Haven’t you been pointing out for a few years that the FCC is overreaching its authority? You didn’t mention that in your post, making it sound as though Space News (which I have been reading for almost 30 years) is the first to notice. This may be a partial list of the posts in which you noted the FCC’s overreach:
https://behindtheblack.com/behind-the-black/essays-and-commentaries/fcc-decides-to-expand-its-power-in-space/
https://behindtheblack.com/behind-the-black/points-of-information/fcc-proposes-new-regulation-requiring-satellites-to-be-de-orbited-five-years-after-mission-end/
https://behindtheblack.com/behind-the-black/points-of-information/fcc-approves-new-regulation-requiring-defunct-satellite-deorbit-in-five-years/
https://behindtheblack.com/behind-the-black/points-of-information/head-of-commerces-space-office-questions-new-fcc-regulations-on-space-junk/
https://behindtheblack.com/behind-the-black/points-of-information/fcc-chief-proposes-agency-reorganization-of-its-space-related-bureaucracy/
https://behindtheblack.com/behind-the-black/points-of-information/several-major-rocket-companies-to-the-fcc-stay-out/
https://behindtheblack.com/behind-the-black/points-of-information/fcc-votes-to-create-its-own-space-bureaucracy-despite-lacking-statutory-authority/
https://behindtheblack.com/behind-the-black/points-of-information/house-subcommittee-proposes-five-bills-that-would-change-fcc-operations/
https://behindtheblack.com/behind-the-black/points-of-information/fcc-makes-official-its-regulatory-power-grab-beyond-its-statutory-authority/
https://behindtheblack.com/behind-the-black/points-of-information/house-rejects-fcc-bill-because-the-bill-approved-fccs-recent-power-grab/
https://behindtheblack.com/behind-the-black/points-of-information/senate-committee-gives-nasa-and-commerce-responsibility-for-removing-space-junk/
https://behindtheblack.com/behind-the-black/essays-and-commentaries/unless-congress-truly-acts-soon-the-unelected-administrative-state-will-rule-unopposed/
https://behindtheblack.com/behind-the-black/points-of-information/faa-and-fcc-now-competing-for-the-honor-of-regulating-commercial-space-more/
Edward: Thank you for providing a list of all my posts noting the FCC’s illegal power grab. However, you did not read my post very carefully. I made it very clear I have been covering this subject for years, while Space News has not. To quote the 2nd paragraph after the blockquote: “As an old-fashioned American who believes in freedom and limited government (as clearly established by our Constitution) I had recognized this legal fact immediately in January 2023, when the FCC first made its power grab.”
Robert,
You are right. I missed an entire paragraph!
“What this reporter should have known and reported is that both the House and the Senate have disgreed, forcefully. In the House one bill was introduced to give the de-orbit regulatory power to the FAA, while later rejecting a second bill that would have given that power to the FCC. The Senate meanwhile introduced its own bill giving this de-orbit regulatory power to the FAA and Commerce, not the FCC.”
Thanks for pointing this out Bob. FCC needs to stay in it’s wheelhouse.
Every bureaucrat want to be seen as relevant and Space is now sexy due to Elon.
The evolution of space law is going to be interesting.