House Science Committee Leaders Urge FCC to Yank Orbital Debris Draft
House Science Committee leaders and an industry group urged the FCC to pull the orbital debris draft order from April 23's agenda. The agency got increasing resistance to its proposed satellite rules update (see 2004140052), in docket 18-313 Wednesday. A satellite executive told us the agency seemed surprised by the amount of industry criticism.
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The proposed rules could "exacerbate impacts on U.S. industry and international competitiveness at a critical period in our nation’s history," said the letter. Dated Wednesday, it's signed by Science Committee Chairwoman Eddie Bernice Johnson, D-Texas; ranking member Frank Lucas, R-Okla.; Space Subcommittee Chairwoman Kendra Horn, D-Okla.; and subcommittee ranking member Brian Babin, R-Texas. The FCC didn't comment.
The commission mightn't have authority to issue orbital debris regulations, and the proposed rule contradicts executive branch policy and is inconsistent with existing and proposed legislative action, the committee leaders said. With the Commerce Department-headed review of federal commercial space regulations and legislation that would touch on orbital debris issues making its way through Congress, FCC action "without clear authority from Congress will at the very least create confusion and undermine the Commission’s work, and at worst undermine U.S. economic competitiveness and leadership in space," they wrote. The committee members said the timing of the draft order, in the midst of the pandemic, "could call into question the FCC's process." Commerce also urged the FCC to delay its orbital debris rules update (see 1904080033).
The committee mentioned the Congressional Review Act. It told the agency that in the future if it considers orbital debris actions it should check with the committee so "that procedural measures such as (CRA) are not necessary."
Urging postponement on the debris item, the Aerospace Industry Association said proposed disclosure and risk mitigation requirements "lack transparency and objectivity and would likely confuse, discourage, and disincentivize" satellite industry growth. AIA echoed Satellite Industry Association criticism of its deviation from the orbital debris mitigation standard practices for government satellites. AIA said additional information disclosure requirements the FCC is proposing need to define objective standards for when the information disclosed will warrant a license being granted.
A provision of the draft order requiring geostationary orbit license extensions come with certification that telemetry, tracking and command links are "fully functional," without defining the term, creates regulatory uncertainty, SiriusXM said. Fellow GSO operators AT&T, EchoStar/Hughes, Intelsat and SES have concerns about the indemnification requirement "and the disproportionate ramifications ... on U.S. licensees." They said the draft needs a more-detailed analysis of the implications and application of indemnification, and the draft Further NPRM on a post-disposal bond needs additional questions. EchoStar/Hughes met with aides to Commissioners Brendan Carr and Jessica Rosenworcel (see here and here). SIA met with those staffers (see here and here).