US House Science Committee Challenges FCC Authority Over Space Safety in ‘Space Modernization’ NPRM
House Science Committee Chair Rep. Brian Babin and Ranking Member Rep. Zoe Lofgren sent a letter to FCC Chair Brendan Carr criticising the FCC’s “Space Modernization for the 21st Century” notice of proposed rulemaking (NPRM) for exceeding the agency’s statutory authority. The Committee argues that three specific provisions — incorporating post-mission disposal requirements, mandating spacecraft trackability, and requiring conjunction risk mitigation steps — are space safety measures unrelated to spectrum management or radiofrequency interference prevention, which are the FCC’s sole statutory mandates under the Communications Act of 1934. The letter invokes the 2024 Supreme Court ruling in Loper Bright Enterprises v. Raimondo, which limits agency action absent clear congressional authorisation. Chair Babin has announced plans for legislation to establish a formal commercial space mission authorisation framework, clarifying which agency (FAA, FCC, or Office of Space Commerce) holds responsibility for orbital safety. This debate is directly relevant to EU operators launching on US vehicles or holding FCC spectrum licences, as the outcome will determine which US regulatory authority governs orbital safety compliance for commercial missions.
https://spacenews.com/house-science-committee-leaders-criticize-fcc-rulemaking-on-space-safety/
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