Slimmer Orbital Debris Order Approved, With Some Items Moved to NPRM

Chairman Ajit Pai said those NPRM issues aren't going away. "I plan on bringing these issues to closure" after more feedback, he said. Asked after the meeting about timing of future orbital debris activity, Pai didn't comment. Regulators also approved on circulation U.S. market access for Viasat's proposed non-geostationary orbit constellation.

Moved from the debris draft order were such issues as mandated maneuvering ability for satellites above 400 kilometers altitude, limits on post-mission orbital lifetime, collision and casualty risk for constellations being calculated on a system-wide basis and an indemnification requirement, the FCC said. Presumably left in the order are requiring non-geostationary orbit systems to coordinate with other NGSO systems if they potentially affect one another, and mandating unique telemetry markers for each satellite launched, Satellite Industry Association Senior Director-Policy Therese Jones said in a webinar Thursday. Also seemingly in the order is the requirement operators look at conjunction warnings and take mitigation action if necessary, she said.

The FCC said the draft order adopted rules requiring various disclosures on issues such as use of deployment devices, release of persistent liquids and post-mission disposal. It said it also updates the geostationary orbit license extension process.

Commissioner Mike O'Rielly said revisions to the draft he shepherded include bringing the collision and casualty risk compliance metrics more in line with other federal agencies and moving to the NPRM requirements about maneuverability and mitigation of collision and casualty risks. "It was apparent that some of the metrics in the circulated item would have forced total redesigns of planned networks or doomed projects altogether," he said. O'Rielly said it's not clear the FCC has expertise to use data it will be collecting from the disclosure requirements and it needs to coordinate with other expert agencies. He said requiring indemnification "could tip the scales and force U.S. companies to go abroad once again."

The commission now more closely aligns with other expert agencies like NASA, NOAA and the FAA on collision and casualty risks after "substantial" edits done in collaboration with Commissioner Geoffrey Starks, said Commissioner Brendan Carr. Starks said the FCC "should pay close attention" to NASA expertise when setting space policy. He said the draft had the FCC deviating from NASA standards on casualty and collision risk issues.

The FCC needs to harmonize with other agencies, and recognize it has more pressing issues than those other agencies since mega constellations are a commercial space matter, said Commissioner Jessica Rosenworcel, who concurred in her vote. She said she would have liked tightening the 25-year rule in the order, which "simply does not make sense in today's orbital environment."

SIA statement wants the FCC to create an integrated approach to orbital debris risk management in an interagency process. AT&T said it "welcome[s] continued collaboration with the FCC ... to ensure we have in place sound policies to minimize the risk of orbital debris while also maintaining a vibrant U.S. space industry.” The Commercial Spaceflight Federation said it's "pleased [the FCC] listened to industry concerns and decided to delay final consideration of several problematic aspects" of the order that "would have had far reaching negative impacts, particularly on the small satellite and new space community."

But "industry standards have no teeth," said Viasat Chief Officer-Global Government Affairs and Regulatory John Janka, In the webinar, he criticized strong industry pushback the agency got to the proposed rules and said the FCC wasn't given options or alternatives.