FCC approves new regulation requiring defunct satellite deorbit in five years
Despite questions from Congress and others about the agency’s legal authority to do so, the FCC yesterday approved a new regulation that will require satellite companies to de-orbit defunct satellites within five years, shortening the rule from the previous requirement of 25 years.
Commissioners voted 4-0 to adopt the draft rule, published earlier this month, intended to address growing debris in LEO. Under the new rule, spacecraft that end their lives in orbits at altitudes of 2,000 kilometers or below will have to deorbit as soon as practicable and no more than five years after the end of their mission. The rule would apply to satellites launched two years after the order is adopted, and include both U.S.-licensed satellites as well as those licensed by other jurisdictions but seeking U.S. market access.
The article notes how this rule replaces “a longstanding FCC guideline” Note the difference. Previously the FCC had made a recommendation, recognizing it did not have the authority to impose it. Now, our power-hungry DC bureaucracy has decided it can ignore the law and impose any rule it desires. Nor does it feel it needs to listen to Congress, one committee of which sent a stern letter recently questioning the then proposed new rule and calling for the FCC to hold off any action on it while elected officials review the situation.
The FCC yesterday responded, essentially telling Congress to bug off.
None of these questions have anything to do with whether this rule makes sense. It likely does, but that still doesn’t give FCC officials to right to arbitrarily give themselves more power. Whether our elected officials will act to defend their own power is uncertain, as the pattern in the past half century is for Congress to consistently cede its power to the bureaucracy, whenever challenged.
Despite questions from Congress and others about the agency’s legal authority to do so, the FCC yesterday approved a new regulation that will require satellite companies to de-orbit defunct satellites within five years, shortening the rule from the previous requirement of 25 years.
Commissioners voted 4-0 to adopt the draft rule, published earlier this month, intended to address growing debris in LEO. Under the new rule, spacecraft that end their lives in orbits at altitudes of 2,000 kilometers or below will have to deorbit as soon as practicable and no more than five years after the end of their mission. The rule would apply to satellites launched two years after the order is adopted, and include both U.S.-licensed satellites as well as those licensed by other jurisdictions but seeking U.S. market access.
The article notes how this rule replaces “a longstanding FCC guideline” Note the difference. Previously the FCC had made a recommendation, recognizing it did not have the authority to impose it. Now, our power-hungry DC bureaucracy has decided it can ignore the law and impose any rule it desires. Nor does it feel it needs to listen to Congress, one committee of which sent a stern letter recently questioning the then proposed new rule and calling for the FCC to hold off any action on it while elected officials review the situation.
The FCC yesterday responded, essentially telling Congress to bug off.
None of these questions have anything to do with whether this rule makes sense. It likely does, but that still doesn’t give FCC officials to right to arbitrarily give themselves more power. Whether our elected officials will act to defend their own power is uncertain, as the pattern in the past half century is for Congress to consistently cede its power to the bureaucracy, whenever challenged.
