House rejects FCC bill because the bill approved FCC’s recent power grab
The full House yesterday failed to pass an FCC bill designed “to reform satellite spectrum licensing regulations” because of opposition to language that provided a backdoor approval of the FCC’s recent power grab that extended its regulatory power beyond its legal statutory authority.
[T]he leadership of House Science Committee opposed the bill because of provisions regarding regulation of space debris and space traffic management. They pointed to language in the bill that directed the FCC to establish “specific, measurable, and technology-neutral performance objectives for space safety and orbital debris.”
In a “Dear Colleague” letter circulated to House members ahead of the vote, the bipartisan leadership of the full committee and its space subcommittee argued that the FCC would be overstepping its authority by attempting to regulate space safety. “Congress has never explicitly granted FCC authority to regulate in these areas, and doing so now is a significant policy decision,” the letter stated, adding that the FCC also lacked expertise to do so. “Assigning FCC responsibility to both create these rules and assess an applicant’s compliance would divert resources from FCC’s primary mission of assessing the applicant’s spectrum use.”
While this sounds like Congress has actually decided to exercise its Constitution authority and restrict this maverick agency, don’t bet on it. The vote for procedural reasons required a two-thirds majority. 250 House members voted in favor, and 163 voted against, a clear majority in favor that was only 16 votes short of approval.
Moreover, even if Congress removes the language approving the FCC power grab and then passes the bill, it will have done nothing to stop that power grab. Expect FCC officials under Biden to ignore the law and continue to demand the right to regulate how satellites are de-orbited, something it hasn’t the knowledge or authority to do. Satellite companies will have to sue to stop it, an expensive task that will hinder their operations and cost money. Many will simply decide to go along.
The result will be a more powerful unelected administrative state — beholden to no law — and a weaker Congress unwilling to represent the American citizenry by wielding its Constitutional power.
Readers!
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The full House yesterday failed to pass an FCC bill designed “to reform satellite spectrum licensing regulations” because of opposition to language that provided a backdoor approval of the FCC’s recent power grab that extended its regulatory power beyond its legal statutory authority.
[T]he leadership of House Science Committee opposed the bill because of provisions regarding regulation of space debris and space traffic management. They pointed to language in the bill that directed the FCC to establish “specific, measurable, and technology-neutral performance objectives for space safety and orbital debris.”
In a “Dear Colleague” letter circulated to House members ahead of the vote, the bipartisan leadership of the full committee and its space subcommittee argued that the FCC would be overstepping its authority by attempting to regulate space safety. “Congress has never explicitly granted FCC authority to regulate in these areas, and doing so now is a significant policy decision,” the letter stated, adding that the FCC also lacked expertise to do so. “Assigning FCC responsibility to both create these rules and assess an applicant’s compliance would divert resources from FCC’s primary mission of assessing the applicant’s spectrum use.”
While this sounds like Congress has actually decided to exercise its Constitution authority and restrict this maverick agency, don’t bet on it. The vote for procedural reasons required a two-thirds majority. 250 House members voted in favor, and 163 voted against, a clear majority in favor that was only 16 votes short of approval.
Moreover, even if Congress removes the language approving the FCC power grab and then passes the bill, it will have done nothing to stop that power grab. Expect FCC officials under Biden to ignore the law and continue to demand the right to regulate how satellites are de-orbited, something it hasn’t the knowledge or authority to do. Satellite companies will have to sue to stop it, an expensive task that will hinder their operations and cost money. Many will simply decide to go along.
The result will be a more powerful unelected administrative state — beholden to no law — and a weaker Congress unwilling to represent the American citizenry by wielding its Constitutional power.
Readers!
Every February I run a fund-raising drive during my birthday month. This year I celebrate my 72nd birthday, and hope and plan to continue writing and posting on Behind the Black for as long as I am able.
I hope my readers will support this effort. As I did in my November fund-raising drive, I am offering autographed copies of my books for large donations. Donate $250 and you can have a choice of the hardback of either Genesis: the Story of Apollo 8 or Conscious Choice: The origins of slavery in America and why it matters today and for our future in outer space. Donate $200 and you can get an autographed paperback copy of either.
Please consider supporting my work here at Behind the Black. My analysis of space, politics, and culture, taken from the perspective of an historian, is almost always on the money and ahead of the game. For example, in 2020 I correctly predicted that the COVID panic was unnecessary, that the virus was apparently simply a variation of the flu, that masks were not simply pointless but if worn incorrectly were a health threat, that the lockdowns were a disaster and did nothing to stop the spread of COVID. Every one of those 2020 conclusions has turned out right.
Your help allows me to do this kind of intelligent analysis. I take no advertising or sponsors, so my reporting isn't influenced by donations by established space or drug companies. Instead, I rely entirely on donations and subscriptions from my readers, which gives me the freedom to write what I think, unencumbered by outside influences.
You can support me either by giving a one-time contribution or a regular subscription. There are four ways of doing so:
1. Zelle: This is the only internet method that charges no fees. All you have to do is use the Zelle link at your internet bank and give my name and email address (zimmerman at nasw dot org). What you donate is what I get.
2. Patreon: Go to my website there and pick one of five monthly subscription amounts, or by making a one-time donation.
3. A Paypal Donation or subscription:
4. Donate by check, payable to Robert Zimmerman and mailed to
Behind The Black
c/o Robert Zimmerman
P.O.Box 1262
Cortaro, AZ 85652
You can also support me by buying one of my books, as noted in the boxes interspersed throughout the webpage or shown in the menu above.
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