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.
