Commissioners' Views on FCC Orbital Debris Authority Run the Gamut
Commissioners are of multiple minds what authority the FCC has overseeing commercial satellite orbital debris issues. Brendan Carr concurred in part Thursday on approval of Theia's non-geostationary orbit (NGSO) satellite constellation authorization because of those debris jurisdictional issues. Other members approved the order and authorization. The constellation is the latest in a slew of NGSO constellation OKs by the commissioners in the past two years (see 1811090002).
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
The low earth orbit satellite boom makes new rules regarding collision risks necessary, Carr said at commissioners' meeting. He told us afterward that while he's still studying comments in the agency's ongoing orbital debris rules update proceeding, "My instinct is we need to be leaning more heavily on the expertise" of other agencies, with them leading and the FCC having "a coordinated response." He raised agency authority questions when the orbital debris proceeding NPRM was adopted in November and got questions included about the agency's authority (see 1811150028), as expected (see 1902080009).
Carr told us he's leaning toward a couple of possible directions: NASA or another agency would establish rules, with the FCC or another agency overseeing debris matters.
Commissioner Jessica Rosenworcel called it "strange" that there are questions inside the agency about FCC authority given that it has been regulating debris since 2004 and has approved constellations that add up to thousands of planned satellites. "Something in that equation does not compute," she said, adding that FCC authority and responsibility to manage debris risks "is clear" and that the commission needs to move quickly on a new debris plan. Later Thursday, she tweeted that new orbital debris policies must be adopted as soon as possible. "I'm waiting," she said.
Commissioner Mike O'Rielly said he sat "right between the viewpoints of my colleagues." He never thought the FCC should have "a solo role" but needs to play some part given its licensing of commercial satcom. He said the agency needs to move forward expeditiously on its debris proceeding.
Asked about his own stance on FCC authority, Chairman Ajit Pai said it would be informed by whatever the record shows in the debris proceeding. He said the agency is reviewing filings and facts.
The International Bureau is working through technical issues regarding the rest of the NGSO and V-band applications that came from those processing rounds, Chief Tom Sullivan said. He said in some cases, needing to coordinate with other agencies through NTIA on particular matters could cause delays. He declined to say by when the bureau hopes to have cleared the rest of the applications.
Not all the constellations the FCC is approving will succeed in the market, O'Rielly said after the meeting, but added he hoped to see launches soon. He said satellite broadband, if it can meet agency thresholds, would be a benefit to areas it can cover and could reduce the need to provide some support.
The authorization signs off on a 112-satellite Earth-imaging constellation. The International Bureau said Theia target markets include precision agriculture and infrastructure monitoring. The company's outside counsel didn't comment.