Tag: FCC

Under Trump FCC shifts from regulating satellite construction and de-orbit to streamlining red tape

9:15 am

FCC seal

According to a Space News article yesterday, the FCC’s regulatory focus since January and the advent of the Trump administration has shifted significantly from its focus during the Biden administration.

The article describes in detail the present focus to streamline regulations and speed license approvals.

One early result of this push is a reduction in the FCC’s licensing backlog. Schwarz said the space bureau has reduced pending applications by 35 percent since January, including those for new space stations and ground infrastructure.

Modernizing regulations for non-geostationary satellite systems is another priority. The FCC is considering revising so-called “power limit” rules aimed at preventing interference between low-orbit constellations and traditional geostationary satellites and earth stations. Schwarz said these reforms could help pave the way for higher-throughput services that rival terrestrial broadband.

This focus appears correctly centered on the FCC’s actual legal statutory authority to regulate the limited bandwidth of the electromagnetic spectrum to avoid conflicts in its use.

Under Biden, the FCC instead focused on expanding its power beyond that statutory authority, claiming it had the right to determine how satellites were built, when they would be de-orbited, and in what manner. None of those activities have anything to do with bandwidth and the FCC’s legal responsibilities.

There was some legislative push back from Congress during the Biden administration, but it was slow and relatively weak. Now that push back has become unnecessary, because the FCC under Trump is back to doing its actual job instead of trying to build empires of regulation.

The agency also appears, for the moment, to have ended its partisan abuse of red tape for political reasons. Under Biden it used its regulatory power against SpaceX in retaliation to Elon Musk’s decision to publicly support Biden’s political opponents. It appears the present effort to speed license approvals for everyone has ended this practice.

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FCC approves use of Starlink for direct cell-to-satellite T-Mobile service

10:02 am

Despite objections from all of SpaceX’s competitors, the FCC has now approved the use of its Starlink constellation for direct cell-to-satellite service as part of T-Mobile’s cellular network.

The decision noted that many technical issues still must be cleared.

There are a few limitations on how this type of service (which the FCC calls “supplemental coverage from space,” or SCS) can work. Right now it officially has to operate as an extension of an existing terrestrial provider, in this case T-Mobile. That’s because the regulations on how you broadcast stuff in space are different from those for how you broadcast stuff to and from a phone (as opposed to a base station antenna). AT&T, for its part, is partnering with AST SpaceMobile.

SpaceX must also be sure that its service does not interfere with other services on the ground, while the ground services do not have to worry about whether they might interfere with the satellite signals.

Nonetheless, this approval likely means that soon users of T-Mobile (as well as AT&T) will no longer have any dead zones. When there are no cell towers available, their phones will simply access the orbiting constellations of either Starlink or AST SpaceMobile.

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Judge rules that Ligado’s $39 billion lawsuit against federal government can proceed

9:32 am

A federal judge has now ruled that the $39 billion lawsuit by the satellite company Ligado against the federal government can move forward.

In October 2023, Ligado sued the government for $39 billion over claims that officials at the Departments of Defense and Commerce took “unlawful actions” to, in effect, improperly seize without compensation the firm’s L-band spectrum. In January, the government had asked a judge to dismiss the suit. Today Judge Edward J. Damich of the US Federal Claims Court ruled in part in favor of Ligado and in part for the government over aspects of the case, but ultimately said the case “may proceed.”

Essentially, after the FCC had awarded this spectrum to Ligado, the feds stepped in to take it away for its own use. The company argued that once it was given that spectrum to use for its satellites it was essentially its property, and that the seizure without due compensation was an illegal taking under the Fifth Amendment to the Constitution. This court decision allows this lawsuit to proceed.

The reason these federal agencies seized the spectrum this that they believe Ligado’s satellite constellation would interfere with GPS, something the FCC disputed in awarding the spectrum. Whether the company will win in court remains unclear.

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FCC issues first deep space communications license to private asteroid mining company

9:44 am

The Federal Communications Commission (FCC) on October 18, 2024 issued the first deep space communications license to the private asteroid mining startup company Astroforge for its planned Odin mission to an asteroid.

Asteroid prospecting company AstroForge has been awarded the first-ever commercial license for operating and communicating with a spacecraft in deep space, ahead of its Odin mission that’s set to launch and rendezvous with a near-Earth asteroid in early 2025.

The license, granted by the U.S. Federal Communications Commission (FCC) on Oct. 18, pertains specifically to setting up a communication network with radio ground stations on Earth, to enable commands to be sent up to Odin and data to be transmitted back to Earth. In this case, deep space is defined by the International Telecommunications Union as being farther than 2 million kilometers (1.2 million miles) from Earth.

Other private companies have sent missions to the Moon, but this will be the first to go beyond. Odin will orbit and map the asteroid — not yet chosen — in advance of a larger AstroForge spacecraft, dubbed Vestri, that will land on the asteroid.

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European phone companies demand the FCC stop SpaceX’s cell-to-satellite Starlink plans

10:22 am

Several European phone companies have now submitted a request to the Federal Communications Commission (FCC) to block a waiver that would allow SpaceX to operate its new cell-to-satellite Starlink satellites at radio frequencies normally not permitted.

This request follows similar requests by Verizon and AT&T to the FCC. The fear is that the use of these frequencies in the low orbit of Starlink satellites will interfere with satellites in the much higher geosynchronous orbits that these phone companies presently use.

While those concerns might be valid (SpaceX says no), these companies also fear the competition of Starlink itself, as its low orbit means it can provide better service, and are clearly hoping the FCC will act to protect them from that competition.

In a more sane world, the FCC would decide this issue on purely technical grounds. It was formed expressly to police the frequencies so that users would not interfere or pirate each others licenses, and had done that job quite well for decades.

Sadly, the FCC no longer confines itself to this one job. For the past four years the FCC has arbitrarily decided its job should include many other things not listed in its statutory authority, such as policing the de-orbiting of satellites and determining the acceptable lifespans of orbiting spacecraft, while also making many decisions based entirely on political factors, sometimes even favoring some companies over others for partisan reasons.

Thus we should have no confidence that the FCC will make this decision on purely technical grounds, especially since it has shown a clear hostility to SpaceX in its recent decisions.

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FCC commissioner slams FCC for its partisan hostility to SpaceX

10:27 am

The FCC proves its partisan hostility to SpaceX
The FCC proves its partisan hostility to SpaceX

Even as the FAA has increasingly appeared to be harassing SpaceX with red tape, FCC commissioner Brendan Carr this week slammed his own agency for what appears to be clearly partisan hostility to SpaceX in its recent decisions and public statements.

Carr noted how only last year the FCC had canceled an almost $900 million grant that it had previously awarded to SpaceX for providing rural communities internet access. When it did so, the FCC claimed that the company had failed to “demonstrate that it could deliver the promised service.”

That claim of course was absurd on its face, considering that Starlink was the only available commercial system that was actually doing this, directly to individual rural customers.

Carr noted however that this absurd FCC decision was made even more ridiculous this week by the FCC’s chairperson, Jessica Rosenworcel, who accused SpaceX of being a “monopoly” because of its success in launching Starlink satellites and providing this service ahead of everyone else.
» Read more

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A space journalist suddenly notices that the FCC has no legal authority to regulate space junk

9:34 am

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.

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Musk: Starlink will be made available to all cell phones in emergencies

9:34 am

Elon Musk has announced that SpaceX will make its Starlink internet constellation available to anyone with a cell phone should they need it during an emergency in remote areas.

The SpaceX CEO made the comments in an X post as the company, in partnership with T-Mobile, currently seeks approval from the Federal Communications Commission to operate its direct-to-cellular Starlink technology commercially. SpaceX says the satellite-based service would provide supplemental cell coverage to Americans from space that would close mobile “dead zones.” Cellular service providers AT&T and Verizon have raised concerns about the technology, including that it would disrupt their own mobile networks.

In a letter to the FCC on Friday, SpaceX said the service would connect first responders in a variety of environments and would be able to send wireless emergency alerts to everyone — not just T-Mobile customers — in places where there is no earth-based cellular coverage.

While this offer is morally correct, it is also good politics, as it acts as icing on the cake to encourage the FCC to approve that T-Moble license request. At the moment the technical details for making the proposal happen remain murky, but SpaceX’s willingness to offer this emergency service at no charge, something its competitors have apparently not, cannot hurt it in its negotiations with the FCC.

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SpaceX blasts its satellite competitors for lobbying the government to shut down Starlink/T-Mobile partnership

9:45 am

SpaceX on August 22, 2024 responded harshly to the effort by its satellite competitors to get the FCC to shut down the planned partneship of Starlink and T-Mobile, whereby Starlink will fill the gaps in T-Mobile’s coverage.

You can read SpaceX’s letter here. Its language however is quite blunt:

While the petitions from AT&T, Verizon, DISH/EchoStar, and Omnispace lack technical basis or legal merit, their game is clear. AT&T and Verizon seek to hamstring their competitor T-Mobile by talking out of both sides of their mouths, on one hand demanding without technical support that T-Mobile and SpaceX operate at unnecessarily low power levels that will force Americans to sacrifice service, while giving their own partner AST a free pass. AT&T goes so far as to claim to have conducted a secret study it refuses to show the Commission to support suppressing SpaceX’s out-of-band emissions to an interference-protection level ten times below the limit sufficient to protect terrestrial networks, while allowing its partner AST to exceed that limit.

DISH/EchoStar repeats its demand to siphon proprietary information from SpaceX to aid its own flailing ambitions, while stoutly refusing SpaceX’s repeated requests to engage in actual good faith coordination the way a company with actual technical concerns would.

And although it still has no commercial satellite service anywhere in the world, Omnispace continues to make unfounded claims of prospective harmful interference to prop up a decade-old spectrum play that it fears will lose financial value if American consumers can enjoy ubiquitous mobile connectivity using the PCS G Block downlink.

Fortunately, none of these unfounded arguments present any reasonable basis to delay swift grant of SpaceX’s request to bring ubiquitous mobile connectivity to American consumers.

The FCC has not yet responded to any of these demand letters. Nor has it yet issued the waiver SpaceX had requested in June 2024 allowing its Starlink system to operate beyond its licensed radio frequencies in order to facilitate cell surface with T-Mobile.

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Amazon commits almost $20 million more to expanding its satellite production facility

9:46 am

Amazon yesterday revealed it is going to spend an addition $19.5 million to expand its satellite production facility at the Kennedy Space Center in Florida in order to overcome the long multi-year delay in getting production started.

The company said Aug. 22 the investment will support a secondary, 3,900-square-meter support facility at the site, which would help accelerate launch cadence amid a looming regulatory deadline to deploy half the constellation by July 2026. The building would join a 9,300-square-meter satellite processing facility Amazon announced last year at Kennedy’s runway-equipped Launch and Landing Facility, bringing total investment in the site to nearly $140 million.

The company hopes to open this additional facility by next year. It will need it, because its FCC license for its Kuiper internet constellation — conceived to be similar to SpaceX’s Starlink — requires it to launch half of the constellation of 3,200+ satellites by 2026 and have the entire constellation in orbit by 2029. Meeting that first deadline will be challenging at this point, though the company hopes to be launching frequently in the next few years. It has contracts to launch satellites 46 times on ULA rockets (8 on Atlas-5 and 36 on Vulcan), 27 times on Blue Origin’s New Glenn, 18 times on ArianeGroup’s Ariane-6, and 3 times on SpaceX’s Falcon-9. To provide payloads for those launches however it will need to be able to quickly build a lot of satellites, and that’s what this additional investment is for.

It must be noted again that the Kuiper constellation was first proposed by Amazon at almost the exact same time as Elon Musk proposed his Starlink constellation. SpaceX now has several thousand satellites in orbit and is earning several billion dollars per year from several million signed up customers. Amazon in comparison has only launched two test satellites and zero operational satellites in that same time frame.

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SpaceX gets FCC okay for next Starship/Superheavy test flight

9:41 am

Superheavy being captured by the tower chopsticks at landing
Artist rendering of Superheavy being captured by
the tower chopsticks at landing. Click for video.

The FCC yesterday issued SpaceX a communications license for the fifth orbital test launch of its giant Starship/Superheavy rocket, with the license permitting Superheavy to “either return to the launch site or perform a controlled water landing.”

The license runs through February 15, 2025.

This does not mean a launch has been approved however. The FCC only gives approval for radio communications on such a flight. It is the FAA that must issue the actual launch license, and it as yet not done so.

SpaceX had announced on August 8, 2024 that it was ready to go. It is now almost two weks since then and the FAA has said nothing.

The only justifiable reason for this delay would be that SpaceX has requested permission to do the first chopstick landing of Superheavy at Boca Chica (as suggested by the FCC approval), and since this changes the already approved flight path from the previous four test launches, the FAA is reviewing it more closely, and taking its time to do so.

The simple fact is that it can’t learn anything by this review. It isn’t qualified to make any educated determination. Either it is willing to let SpaceX do that return, or not. If it is against it at this point, it should simply say so, demand SpaceX hold off a chopstick landing until later, and give it permission now to do another ocean landing. At least this way the company would have clarity and could proceed.

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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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SpaceX’s Starlink: More satellites in orbit but fewer close encounters

8:56 am

According to a recent filing with the FCC, SpaceX has found its Starlink constellation had to do fewer collision avoidance maneuvers in the past six months, despite having more satellites in orbit.

In that period, Starlink satellites had to perform 24,410 collision avoidance maneuvers, equivalent to six maneuvers per spacecraft. In the previous reporting period that accounted for the six months leading up to May 31, 2023, the constellation’s satellites had to move 25,299 times. The data suggests that even though the Starlink constellation has grown by about 1,000 spacecraft in the last six months, its satellites made fewer avoidance maneuvers in that period than in the prior half year.

At the moment it is not clear why the number dropped, especially as it had been doubling every six months previously as more satellites were launched. This might signal improved more precise orbital operations, or it could simply be a normal fluctuation. It will require additional reports to get a better sense.

These numbers however should rise as more larger satellites constellations (from Amazon and China) start launching as expected.

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Musk fires back at FCC decision to cancel its $886 million Starlink grant award

9:45 am

In a tweet late on December 12, 2024, Elon Musk fired back at the FCC for its decision to cancel its $886 million Starlink grant award first awarded to SpaceX in 2020 under the FCC program to encourage companies to provide broadband internet services to rural areas. As Musk noted quite accurately:

Doesn’t make sense. Starlink is the only company actually solving rural broadband at scale!

They should arguably dissolve the program and return funds to taxpayers, but definitely not send it those who aren’t getting the job done.

What actually happened is that the companies that lobbied for this massive earmark (not us) thought they would win, but instead were outperformed by Starlink, so now they’re changing the rules to prevent SpaceX from competing.

In September Musk had also endorced a Wall Street Journal editoral that suggested the Biden administration was attempting to cancel this grant because “it has it in for Elon Musk.” Musk response: “Sure seems that way.”

It seems that way even more so now. I wonder if Musk will now sue. Above all however he is right when he argues the entire program should be dissolved and the money returned to the taxpayer. There is no justification for the FCC to hand out this cash, especially when multiple private companies, not just SpaceX, are getting the job done and making profits at the same time.

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FCC denies Starlink $886 million grant

9:48 am

Despite the fact that SpaceX Starlink constellation is presently providing internet access to more rural customers than any company worldwide, the FCC yesterday announced that it will not award the company a $886 million subsidy under its program for expanding broadband service to rural areas.

The FCC announced today that it won’t award Elon Musk’s Starlink an $886 million subsidy from the Universal Service Fund for expanding broadband service in rural areas. The money would have come from the Rural Digital Opportunity Fund program (RDOF), but the FCC writes that Starlink wasn’t able to “demonstrate that it could deliver the promised service” and that giving the subsidy to it wouldn’t be “the best use of limited Universal Service Fund dollars.”

That was the same reason the FCC gave when it rejected Starlink’s bid last year, which led to this appeal. SpaceX had previously won the bidding to roll out 100Mbps download and 20Mbps upload “low-latency internet to 642,925 locations in 35 states,” funded by the RDOF.

This decision can only be explained by utterly political reasons. SpaceX right now is experiencing a booming business, with its traffic up two and a half times from last year,almost all of which is in rural areas. That number is from a news report today, the same day the FCC claims Starlink can’t provide such service. As noted by one SpaceX lawyer:

“Starlink is arguably the only viable option to immediately connect many of the Americans who live and work in the rural and remote areas of the country where high-speed, low-latency internet has been unreliable, unaffordable, or completely unavailable, the very people RDOF was supposed to connect.”

The initial award was made in December 2020, when Trump was still president. It was first canceled in August 2022, after Biden took over. SpaceX appealed, but today’s announcement says the FCC rejected that appeal.

While there is absolutely no justification to give any company this money — SpaceX is proving private companies don’t need it to provide this service to rural areas — this decision is clearly political, driven by the hate of Elon Musk among Democrats and the Biden administration. They don’t care that SpaceX is a successeful private company providing tens of thousands of jobs as well as good products to Americans. Musk does not support them, and so he must be squashed.

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FCC extends SpaceX’s communications license for Starship/Superheavy launch

6:46 pm

The FCC tonight extended SpaceX’s communications license for Starship/Superheavy launch from December 1, 2023 to February 23, 2024.

Though there are a lot of rumors that Fish and Wildlife is about to approve the launch, which will allow the FAA to issue the actual launch license, this extension suggests SpaceX is covering its bets in case the approvals are further delayed, or if they are approved in November weather issues force a delay into December.

I remain pessimistic about a November launch, not because I don’t want it to happen (I do), but because I have no faith in the federal government’s desire to allow it to happen. The bureaucracy has now delayed this launch more than two months (SpaceX was ready to launch in September) and the politics continue to sugges the delays will continue.

Hat tip to BtB’s stringer Jay for the link.

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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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Telecommunications company sues Commerce and Defense Departments $39 billion for theft

12:27 pm

The telecommunications company Ligado yesterday filed a $39 billion suit against the Commerce and Defense Departments for stealing use of the communications spectrum granted to it by the FCC for the establishment of a 5G cell phone network.

Ligado’s suit filed in the United States Court of Federal Claims [PDF] makes a number of allegations, including that the Pentagon has “taken Ligado’s spectrum for the agency’s own purposes, operating previously undisclosed systems that use or depend on Ligado’s spectrum without compensating Ligado.”

Those systems, a source close to the case said, are certain classified radars rather than GPS systems.

The suit cites a high-level DoD “whistleblower” who “revealed internal emails and discussions” that the company claims show DoD and Commerce “fabricated arguments, misled Congress in testimony supporting anti-Ligado legislation, and orchestrated a public smear campaign, which included repeating those false claims to the public and threatening Ligado’s business partners with canceling their own government contracts if they worked with Ligado.”

There had been some disagreement about whether Ligado’s use of this spectrem might interfere with GPS as well as other communications services. Nonetheless, the spectrum was legally Ligado’s. If the lawsuit is correct and these government agencies arbitrarilly took possession and used the spectrum illegally, thus preventing Ligado from establishing its business, it would appear to be another example of the arrogant administrative state ignoring the law to grab power.

Once I would have considered a suit like this to simply be a failed company’s effort to recover its losses by blaming the government. I no longer assume such things. Instead, my first thought is that the allegations are true, that bureaucrats in Defense and Commerce conspirated to steal the spectrum for their own uses, and didn’t care that they were violating the law.

The truth could be a combination of all these things, but if so that still tells us some very ugly things about the people who now work in these federal agencies.

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FCC fines Dish for failing to put a geosynchronous satellite in its proper graveyard orbit

9:39 am

The FCC on October 2, 2023 announced it is fining Dish Network $150K for failing to raise the orbit of one of its dying geosynchronous satellites so that it was in a proper graveyard orbit and out of the way.

The settlement includes an admission of liability from Dish for leaving EchoStar-7 at 122 kilometers above its operational geostationary arc, less than halfway to where the satellite broadcaster had agreed. EchoStar-7 could pose orbital debris concerns at this lower altitude, the FCC warned.

The regulator said it approved a plan from Dish in 2012 to move the satellite at the end of its mission 300 kilometers above geostationary orbit, which is about 35,786 kilometers above the Earth. Dish had estimated it would need to start moving the satellite in May 2022 to ensure it had enough fuel for the trip after two decades in orbit — but just three months ahead of the planned move the company found insufficient propellant remaining.

It is routine for satellite companies to raise the orbits of their geosynchonous satellites when their lifespan is over in order to make room for future satellites. This higher orbit, long dubbed a graveyard orbit, is presently filled with many past satellites no longer in use (though the refueling and reusing of some is now taking place).

What makes this story different is the fine. The FCC has claimed it has the right to regulate the de-orbiting plans for all satellites, even though its statutory authority does not include that right. This fine is the first since the agency made that claim. That Dish settled rather than fight was likely a decision by managment to choose the lesser evil. Even though the courts would likely cancel the fine, the fight would cost as much as the fine, and there is a chance Dish would lose. As the saying goes, better to pay the two dollars than end up in jail.

As a result, this government agency has now established a precedent whereby it can regulate and even fine private companies for not doing what it dictates when it comes to decommissioning satellites, even though no law was ever passed giving it that power. And the FCC agrees.

“This is a breakthrough settlement,” FCC Enforcement Bureau Chief Loyaan Egal said in a statement, “making very clear the FCC has strong enforcement authority and capability to enforce its vitally important space debris rules.”

The unelected administrative state continues its unstoppable growth in power.

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FAA and FCC now competing for the honor of regulating commercial space more

9:44 am

Two stories today illustrate again the growing appetite of federal alphabet agencies to grab more power, even if that power is not included in their statutory authority.

First, the Federal Aviation Administration (FAA) proposed new rules governing the de-orbiting of the upper stages of rockets by commercial launch companies.

The FAA is proposing a new rule requiring commercial space companies to dispose of their rocket upper stages to limit the creation of more space debris. Five disposal methods are allowed: a controlled or uncontrolled deorbit within certain time limits, putting the stage into a less congested orbit or sending it into an Earth-escape orbit, or retrieving it. A 90-day public comment period will begin once the proposed rule is published in the Federal Register.

Though this “appears to implement the updated U.S. Orbital Debris Mitigation Standard Practices issued in 2019,” it upgrades it from a “practice” that the government requests companies to follow to a “rule” they must follow. It also expands the power of the FAA to regulate commercial rocket companies, setting a new precedent of control that I guarantee with time will expand further.

Not to be outdone in this power grab, the Federal Communications Commission (FCC) added its own new satellite rules to the satellite licenses of two constellations run by the companies Iceye and Planet. The rules however have nothing to do with regulating the use of the electromagnetic spectrum, which is the FCC’s sole purpose according to the law that created it:
» Read more

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Senate approves Biden’s FCC nominee, giving him a Democrat majority on FCC

9:48 am

FCC: now controlled by Democrats
The FCC, now controlled by the
power-hungry Democratic Party

Failure theater: The Senate yesterday voted 55 to 43 to approve Biden’s Federal Communications Commission (FCC) nominee, Anna Gomez, thus giving the Democrats a 4 to 3 majority on the Commission.

This was Biden’s second nominee to the commission, with the first withdrawn when it was clear the Senate opposed the nominee.

Biden tried again in May with the nomination of Gomez, a State Department digital policy official who was previously deputy assistant secretary at the US National Telecommunications and Information Administration (NTIA) from 2009 to 2023. A lawyer, Gomez was vice president of government affairs at Sprint Nextel from 2006 to 2009 and before that spent about 12 years at the FCC in several roles.

Gomez got through the confirmation process with relative ease, though most Republicans voted against her. Both parties seem to expect the FCC to reinstate net neutrality rules now that Democrats will have a majority.

Imposing net neutrality is essentially socialism/communism for the internet. It will squash competition, cost a fortune, and eventually be used as well to squelch dissent online (which translates into silencing conservatives).

From the perspective of space, the majority on the FCC is likely very bad news as well, for several reasons. » Read more

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Unless Congress acts soon, the unelected administrative state will rule unopposed

1:53 pm

A dying document
A dying document

While much of the conservative press has been focusing on the illegal abuse of power by security agencies like the FBI, the CIA, and the Department of Justice, in the past week a whole slew of stories having nothing to do with election politics or Donald Trump have even more starkly illustrated the growing power of the many alphabet agencies of the federal government’s executive branch, power that is cancelling the real constitutional power of Congress — even as Congress looks on impotently.

Unlike abusive and illegal indictments of Trump, or evidence that the Justice Department and FBI are acting to protect Joe Biden and his son Hunter, however, these others stories have generally gone unnoticed, except by your intrepid reporter here at Behind the Black.

First, on July 26th we had the Space Force proposing new regulations that would allow it to literally take control over all private space assets in any declared international emergency, without any need to compensate the owners.

The Space Force’s draft framework for how commercial satellite services could be called up in times of crisis or conflict to support military missions would allow the Defense Department to deny participating companies the right to sell their wares to any other client in times of “war, major conflict, national or international emergency.” [emphasis mine]

What is the point of owning anything if the U.S. military has the power to simply steal it from you, without paying you for it, anytime any president or Congress on a whim decides to declare an international emergency? Such declarations were once rare, but now they happen routinely, with dire consequences for private citizens, as we all learned during the COVID panic.

On that same day we also learned that the FAA has refused to allow the private company Varda from bringing back to Earth a capsule it had launched to space several months ago, with the express intent to manufacture needed pharmaceuticals in weightlessness that can’t be made on Earth.
» Read more

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Senate committee gives NASA and Commerce responsibility for removing space junk

9:10 am

The Senate Commerce committee has now okayed a bill that would require 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 core of the bill would direct NASA to establish an active debris removal program. That would include funding research and development activities “with the intent to close commercial capability gaps and enable potential future remediation missions for such orbital debris,” the bill states. NASA would also fund a demonstration mission for debris removal and allow it and other agencies to procure debris removal services.

The version of the ORBITS Act approved by the committee is different from the version introduced earlier this year. Among the changes is in a section that originally called on NASA to develop a prioritized list of orbital debris to remove. In the new version, that responsibility is given instead to the Commerce Department. The Commerce Department, through its Office of Space Commerce, is developing a space traffic coordination system called the Traffic Coordination System for Space (TraCSS) that will take over civil space traffic management roles currently handled by the Defense Department. That involves taking in data from Defense Department and other sources and using it to provide warnings of potential close approaches to satellite operators.

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.

The bill is of course not yet law, as it still needs to be approved by both the House and Senate. However, some version that stops the FCC now seems very likely, as the House itself has already rejected a bill that would have approved the FCC power grab.

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House rejects FCC bill because the bill approved FCC’s recent power grab

9:35 am

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.

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Senate committee approves Biden’s FCC nominees

10:13 am

Despite apparent opposition to the Biden nominees by Republicans, the Senate committee involved has approved the three FCC nominees and moved that the process proceed to a vote in the full Senate.

The article also includes these paragraphs, describing absurdities that could only occur in Congress:

[Ted] Cruz [R-Texas] moved that all the nominations, including Damelin and a nominee for the National Transportation Safety Board plus a list of Coast Guard promotions, be favorably reported. There were no objections and the motion was agreed to.

Immediately thereafter, however, Cruz and other Republicans asked to be recorded as no on Gomez and/or Starks and two Democrats as no on Carr. It’s not possible to discern from the webcast who was speaking in all instances, but the bottom line is that all the nominations were approved and now can go to the floor for a vote by the full Senate. The requests to be recorded as no are a signal that the rest of the confirmation process will not be easy.

Cruz moves the nominees should be “favorably” reported, but then announces he and others are against some.

All in all, this appears to be another example of Republican failure theater. Make it sound like you are trying to block Biden’s policies, but then do whatever is necessary to let them to go into effect. Considering that the Democratic Party appointees at the FCC have been pushing for regulatory power beyond the commission’s statutory authority, it seems absurd for any Republican senator (or Democrat senator for that matter) to okay any Biden nominees who would continue that power grab. And yet, the Republicans appear willing to go along.

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New House bill proposes giving FAA responsibility for monitoring space junk

10:10 am

A just proposed House bill for reauthorizing the Federal Aviation Administration (FAA) also proposes giving that agency the responsibility for monitoring space junk.

The bill instructs the FAA to establish a program to track objects “that are potential sources of covered airborne debris” with a focus on identifying those about to reenter and could pose a risk to aircraft in airspace. That program would coordinate with the FAA’s air traffic control system to identify airspace that needs to be closed for a reentry. It would allow the FAA to establish its own space situational awareness (SSA) facilities and work with other federal agencies, companies or international organizations for data on such objects.

While the focus of the bill is tracking debris to assess airspace risks, the bill does enable additional uses of the data the FAA collects. In particular, it directs the FAA to offer “a basic level of data, information, and services” at no charge. That includes maintaining a public catalog of space objects and “emergency conjunction notifications” of such objects.

The article at the link notes that this new FAA job would also duplicate work of the Space Force, as well as a new Commerce Department office tasked with similar responsibilities. It also duplicates the same responsibilities the FCC has created for itself, outside of its statutory authority.

In other words, there is a factional turf war going on within the swamp, with each faction attempting to establish its territory and control over this work.

The result? Expect Congress to allow this duplication to go forward, funding all three efforts. As we all know, money grows on trees, and hiring as many Washington bureaucrats is the most important thing Congress can do, even if those bureaucrats don’t do anything useful.

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FCC makes official its regulatory power grab beyond its statutory authority

10:22 am

We are here to help you! The FCC yesterday officially launched a new stand-alone Space Bureau which will be focused on institutionalizing the many new regulations the FCC has proposed for controlling how satellites are built and de-orbited.

The Space Bureau was carved out of the FCC’s International Bureau to help the regulator handle its increasing workload in the industry. The restructuring effectively splits the International Bureau into two units: the Space Bureau and the Office of International Affairs (OIA) that will handle the FCC’s work with foreign and international regulatory authorities more generally.

While the bureau’s first leader, Julie Kearney, claimed the goal of this reorganization is to streamline licensing, she also made it clear that she will also be using her new position to make the proposed new regulations on satellite construction and deorbit the law of the land, even though Congress never gave the FCC this particular regulatory power.

Based on Congress’s general weakness and willingness in the past half century to cede power to the administrative state, Kearney and the FCC will likely succeed. For example, though a bill has been introduced in Congress to address the FCC’s power grab, it basically endorses it.

In other words, the bureaucrats in DC now essentially write the laws, Congress bows meekly to approve them, and then the bureaucracy moves to enforce them.

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House subcommittee proposes five bills that would change FCC operations

10:06 am

The House Energy and Commerce subcommittee on March 8, 2023 approved five bills affecting the FCC and how it operates.

The first bill [pdf], Satellite and Telecommunications Streamlining Act, is the most significant, as it appears to try to establish legal limitations and rules specifically designed to address the FCC’s recent effort to expand its power and regulatory authority beyond what its legal authority allows. While most of the bill’s language appears to allow the FCC to do what it wants (including limiting or regulating future space stations and setting lifetime limits on all orbiting spacecraft), it also insists that licenses be approved quickly and adds this caveat:

[T]he Commission may not establish performance objectives that conflict with any standard practice adopted by the Secretary of Commerce.

In other words, the FCC cannot grab the regulatory responsibilities of other agencies, especially the Commerce Department, where Congress in recent years has been trying to shift most commercial regulatory authority.

Nonetheless, this bill appears to mostly endorse the FCC ‘s power grab.

The bills still have to be approved by the full committee, then approved by the full House, then approved by the Senate, and then signed by the president.

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FCC approves the first 3,000+ satellites in Amazon’s Kuiper constellation

9:46 am

FCC has now given Amazon its license to launch the first 3,236 satellites in its Kuiper internet constellation, including with that license new de-orbiting requirements that exceed the FCC’s actual statutory authority.

The Federal Communications Commission approved Amazon’s plan Feb. 8 to deploy and operate 3,236 broadband satellites, subject to conditions that include measures for avoiding collisions in low Earth orbit (LEO).

Amazon got initial FCC clearance for its Ka-band Project Kuiper constellation in 2020 on the condition that it secured regulatory approval for an updated orbital debris mitigation plan. The FCC said its conditional approval of this mitigation plan allows “Kuiper to begin deployment of its constellation in order to bring high-speed broadband connectivity to customers around the world.” The conditions include semi-annual reports that Kuiper must give the FCC to detail the collision avoidance maneuvers its satellites have made, whether any have lost the ability to steer away from objects, and other debris risk indicators.

In the order, the FCC also requires Kuiper to ensure plans to de-orbit satellites after their seven-year mission keep inhabitable space stations in addition to the International Space Station in mind.

According to the license, Amazon must launch 1,600 of these satellites by 2026.

The de-orbit requirements are part of the FCC’s recent regulatory power grab, and has no legal basis. The FCC’s statutory authority involves regulating the frequency of signals satellites use, as well as acting as a traffic cop to make sure the orbits of different satellites do not interfere with other satellites. Nowhere has Congress given it the right to determine the lifespan of satellites, or the method in which they are de-orbited.

Right now however we no longer live in a republic run by elected officials. In Washington it is the bureaucracy that is in charge, Congress being too weak, divided, and corrupt to defend its legal power. Thus, the FCC can easily grab new powers that it has no right to have.

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FCC votes to create its own space bureaucracy, despite lacking statutory authority

9:55 am

On January 9, 2023 the commissioners of the Federal Communications Commission FCC voted [pdf] to create its own space bureaucracy designed to regulate the lifespan of new satellites, despite lacking legal authority to do so.

As noted almost as an aside by this news article,

In order for the planned changes to go into effect, the FCC will first have to obtain congressional approval for the reorganization and place a notice in the Federal Register.

This vote pushed forward the plan announced in November that attempts to expand the regulatory power of the FCC beyond its legal authority. Expect Congress to push back somewhat, but right now most power in Washington is held by unelected bureaucracies like the FCC, not the elected legislators as defined by the Constitution. The FCC will continue to push hard, and mostly win in this power game. Congress right now is too divided and weak to fight back.

The result will be new regulations on satellite construction made by non-engineers and paper-pushers in the FCC, not engineers and managers in the companies actually building the satellites.

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