Orbital Debris Could Have Debate About FCC Authority vs. NASA
The FCC proceeding on updating orbital debris rules could involve whether the agency should be undertaking it, experts told us. Some FCC proposals could get notable commercial industry pushback. Commissioner Brendan Carr raised authority questions when the NPRM was adopted in November (see 1811150028). The item hasn't appeared in the Federal Register. Asked when it expects publication, the FCC didn't comment.
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Agreement's widespread debris needs addressing, but it's not clear the FCC is the right agency, said satellite lawyer Steve Goodman of Butzel Long. The FCC is an expert at interference and frequency issues, but orbital mechanics aren't necessarily its strength and industry could push back along those lines, he said. A space industry executive agreed it's questionable whether the agency has jurisdiction for all the issues it presents in the NPRM, and there will be comments on that.
Some think NASA might be more appropriate to develop standards for orbital debris, and with NASA charged with updating the nations' orbital debris mitigation standard practices and developing new guidelines, the NPRM could be in conflict. While NASA might have technical expertise, it's not clear it understands commercial constraints, and it's unlikely anyone would push back too much on the FCC since it's an important issue no other agency is fully tackling, officials said.
The comments could get into issues beyond the FCC, such as whether the Commerce Department or FAA is better suited to be the home of debris oversight, especially in light of last year's space policy directive (SPD) that mentions debris issues, said space consultant Charity Weeden. She said it's uncertain how the FCC NPRM and SPD fit together, and whether new executive branch rules could come out after the FCC's. Asked about communications with the FCC on debris issues, the National Space Council didn't comment. The Commerce Department is expected to soon issue a request for information about space sustainability, and it's unclear how that might fit in with the NPRM, said a space operator lawyer.
Satellite mega constellation operators will be concerned about guidelines requiring active propulsion, since most of them -- particularly microsatellites -- plan to passively drop into the atmosphere for de-orbiting, said Bob Walker, CEO of space consultancy MoonWalker Associates. The former Republican U.S. representative from Pennsylvania said the draft NPRM includes little recognition that technologies are being developed that could clean up some debris. That technology could alleviate concerns about mega constellations that are motivating the NPRM, he said, saying the agency should consider that over the next decade there will be commercial capabilities for cleaning up debris. Walker has a client working on debris mitigation technology.
Some said the proceeding could potentially be used by some incumbent operators to try to forestall competition. Space lawyer Jim Dunstan said there could be arguments about how difficult it is to track large constellations for both collision avoidance and frequency avoidance as a proxy for creating competitive market barriers. NASA created a standard of a 200 kilometer protection zone around the International Space Station, but there could be arguments about creating 200 kilometer buffer zones around their orbits -- something that also could cut down on competition, he said. The rulemaking could also be used by bigger operators trying to maintain their status by limiting development of smaller constellations, Walker said. He said other space-going countries and regions, such as China, India, Europe and Japan, will likely follow the proceeding closely.
One NPRM item that could raise some questions is whether satellite operators should indemnify the U.S. against any costs of a claim brought against the nation due to an approval the FCC gave, Weeden said. She said it's not clear how that might work given Outer Space Treaty issues.