Tag: Commerce

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

3:07 pm

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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Biden White House proposes major expansion of the regulations governing commercial space

9:23 am

We’re here to help you! The Biden White House yesterday proposed a major expansion of the regulations that govern commercial space, with the changes aimed at splitting all regulation within the Transportaion and Commerce Departments, but expand the regulations to so as to increase the power of the government over all future activitives, from rockets to spacecraft to space stations.

According to the White House’s statement [pdf]:

Specifically, this proposal would amend 51 U.S.C. 50902 to define a “human space flight vehicle” as a vehicle, including a launch vehicle or reentry vehicle, habitat, or other object, built to operate in suborbital trajectory or outer space, including on a celestial body, with a human being on board. A license would then be required for a citizen of the United States to operate a human space flight vehicle in outer space. (51 U.S.C. 50904).

DOT would authorize the operation of a human space flight vehicle consistent with public health and safety, safety of property, space sustainability, international obligations of the United States, and national security, foreign policy, and other national interests of the United States. (51 U.S.C. 50905). This proposal adds “space sustainability” and “other national interests” to DOT’s current authority. Including “space sustainability” would allow DOT to include debris mitigation and require measures to protect the sustainable use of outer space in their regulations, to include the mitigation and remediation of orbital debris and consideration of impacts to the space operational environment. [emphasis mine]

Essentially, these new rules — purposely written to be vague — will allow the government to forbid any activity in space by private citizens it chooses to forbid. No private space station could launch without government approval, which will also include the government’s own determination that the station will be operatied safely. Once launched, the vagueness of these regulations will soon allow mission creep so that every new activity in space will soon fall under its review.

Since no one in the government is qualified to supervise things like this, in the end politics and the abuse of power will be the rule.

Moreover, by what constitutional right does the federal government have to supervise the work of all space companies, in all things? It doesn’t have that right, and in fact the Constitution was written expressly to forbid it from attempting such a thing. The Constitution however is nothing more than fish wrap in modern America.

Note that most other news reports on this proposal are making it sound as nothing more than a simple revision of the law to better organize the regulatory system. The assumption is always that the government is all-knowing and all-seeing, and has the ability to act as school teacher for everyone else.

Initially we can expect these regulations will be followed with good faith, but such things never last. Given time they will end up squelching freedom in space and the entire American effort to colonize the solar system. And should any American colony become reasonably self-sufficient under these rules (something not likely), the rules guarantee that they will revolt from American rule as quickly as possible.

At this moment this proposal is simply that. Congress needs to review it and decide if it wishes to do as the Biden White House proposes. Though it is unlikely it will pass as written, it is also likely that our present Congress will simply reword it to accept this expansion of power, in some manner.

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Senate passes bill that gives NASA and Commerce responsibility for removing space junk

9:27 am

The Senate on October 31, 2023 passed a bill that requires NASA to develop several space junk removal projects while giving the Commerce department the responsibility of identifying what space junk needs to be removed.

The central part of the bill would direct NASA to establish an active debris removal program. Tnat includes creating “a demonstration project to make competitive awards for the research, development, and demonstration of technologies leading to the remediation of selected orbital debris.” It would also require NASA to enter into a partnership to fly a demonstration mission to remove debris.

The debris that could be removed by those demonstrations would come from a list developed by the Department of Commerce to identify debris “to improve the safety and sustainability of orbiting satellites and on-orbit activities.” The Department would also lead work on best practices for space traffic coordination. The bill directs the National Space Council to lead an update of the federal government’s Orbital Debris Mitigation Standard Practices.

Though unstated, this bill appears to be a direct slap at the FCC’s effort under the Biden administration to claim the power to regulate space junk, despite its lack of statutory authority to do so. In fact, the Senate underlined that slap in the face by also passing a bill that demanded the FCC streamline its regulatory overreach rather than expand it.

Neither bill is law yet, and it is unclear whether the House will agree to either. The Senate has sent the space junk bill to the House previously without passage.

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House committee imposes major cuts to Justice, FBI, Commerce

11:15 am

As had been suggested by its decision to not impose any cuts (or increases) to the NASA budget, the House appropriation subcommittee in charge of Commerce, Justice, Science-related agencies imposed all of the 28.8% cuts required by the House leadership on the Department of Justice, the FBI, and the Commerce department.

Overall, the bill appropriates $58.4 billion for programs under the jurisdiction of the committee, a $23.8 billion cut compared to the current fiscal year. It eliminates 14 “diversity, equity and inclusion” programs in the covered agencies, cuts spending on “wasteful” climate change programs, and saves more than $50 million by ending the Biden administration’s plan to replace auto fleets at the Department of Commerce and Department of Justice with electric vehicles.

According to the GOP summary, the Commerce Department would see a $1.4 billion cut in discretionary funding, and the Department of Justice would see a $2 billion cut. Federal science agencies together would face a $1.1 billion cut under the bill.

The FBI’s budget is to be cut $1 billion, or 9% (an actual cut, not a reduction in the increase in spending), with $400 million of that coming from salaries and expenses. It also forbids the agency from spending a dime on its planned dream of a new posh and palatial headquarters in the DC suburbs, twice the size of the Pentagon and costing more than $3 billion.

This is exactly what Republicans should have been doing for decades, and were too cowardly to attempt. If an agency of unelected employees in the executive branch abuses its power and causes harm to innocent citizens, something the FBI and the Justice Department have been eagerly doing since Trump became president, then it is the responsibilty and obligation of Congress to use its power of the purse to cut those agencies’ funding.

Even now, however, no one should be confident these cuts will end up in the final bill. This is only the recommendations of one subcommittee. There are still many Republican cowards in the full House, and even more in the full Senate, who will gladly team up with the Democrats (who are all in favor of the abuse of power and the harm to innocent citizens) to reinstate the cuts.

Nonetheless, this is a start. It indicates that we might finally have turned a real political corner towards reform.

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Defense to help Commerce create its own ability to track orbital objects

12:40 pm

The Defense and Commerce departments yesterday signed an agreement where Defense will help Commerce create its own capability for tracking of all objects in orbit, from satellites to space junk.

The agreement, the Commerce Department said in a statement, defines how the two departments will work together to implement provisions of Space Policy Directive (SPD) 3 in 2018 that directed commerce to provide space situational awareness (SSA) and space traffic management (STM) services, such as conjunction warnings, currently provided by the U.S. military.

The result of this is that the federal government is now creating a second bureaucracy to do what the military has been doing quite capably for more than a half century. Commerce intends to obtain its data by awarding contracts to private companies, who will do the actual tracking. The irony is that it is very possible the military will eventually sign similar contracts with the same companies, thus paying them twice for the same service. Meanwhile, Washington has an excuse for hiring more people.

Even more ironic, this policy directive was issued during the Trump administration. It might have intended for Commerce to replace the military, but under the Biden administration the federal bureaucracy is being allowed to interpret the policy more broadly, thus allowing both agencies to do the work.

I also guarantee that the Republicans will almost certainly do nothing to change this, should they take over Congress. For the past thirty years this so-called party of small government has done nothing to earn that title. Instead, it has simply engineered the growth of government, in a more subtle and deliberate manner.

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House passes law reforming commercial space licensing rules

10:13 am

The House yesterday passed a new law to reform the commercial space licensing rules.

Essentially, the bill shifts a majority of commercial space regulation to the Department of Commerce, and matches somewhat closely the recommendations being put forth by the Trump administration.

The bill appears to be almost identical to the version I analyzed in great detail in an op-ed for The Federalist last year. It has the same positives and negatives. While it definitely aims at simplifying the licensing process for space (abolishing such agencies as NOAA’s Office of Commercial Remote Sensing Regulatory Affairs that recently tried to claim it had the right to license all photograph of Earth from space.), it does not appear to completely make Commerce that “one-stop shop” for all licensing, allowing the FAA and FCC to retain their space licensing responsibilities. Moreover, it appears, as I noted in my op-ed, to avoid the more essential legal problems, such as the Outer Space Treaty, that hamper private space today and will hamper private space even more in the future.

Regardless, it does appear that the turf war over licensing between Commerce and the FAA is over. Though the law still must get through the Senate, it does appear that Commerce has mostly won. It will get the majority of this bureaucratic bauble. What that bureaucracy will do with it, however, is the real question.

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FCC upset FCC not included in National Space Council

9:32 am

Turf war! The FCC commissioner today questioned the omission of an FCC representative on Trump’s reborn National Space Council.

Commissioner Jessica Rosenworcel said April 17 that the Federal Communications Commission “needs to coordinate more closely with other federal authorities” as it navigates through new space activities. “Right now the National Space Council is considering policy changes to help promote the growth of the commercial space industry,” she said. “Their efforts encompass everything from streamlining licenses to reforming export controls, protecting airwaves, to facilitating space activities … the FCC should have a seat at the table. It’s a glaring omission that this agency does not, because through our oversight of the airwaves and licensing of satellite services, we have an important role ensuring the viability of space for future generations.”

Rosenworcel noted that the National Space Council as revived by the Trump administration last year has a distinguished list of leaders, including the head of NASA, the secretaries of defense, transportation and homeland security, and others, calling it “an impressive list.” But “cutting the FCC out of this discussion is an unseemly mistake, and one that deserves a fix,” she said.

To translate: The FCC wants to keep its regulatory power over space operations, and by excluding them from the council Trump is threatening that power. This is unacceptable!

If the Trump administration is truly serious about streamlining the space regulatory bureaucracy, we should hear more complaints like this in the coming months, from the FAA, NASA, the State Department, and other agencies. Normally such government streamlining efforts only make things worse, because all the threatened government agencies chime in with complaints like this. The result is that nothing gets streamlined. Instead, the effort merely adds another layer of bureaucracy, as illustrated by my previous post.

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