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.
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 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
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.
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 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
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