Earlier this year, two ranking members of the U.S. House Science Committee sent a letter to the FCC that reminded the agency that it didn’t have any clear authority from Congress to regulate space safety, space traffic management, or other non-communication space issues. This letter was sent when it became clear that the FCC was considering sweeping changes to the regulation of satellite constellations.

Those same two members, Republican Brian Babin and Democrat Zoe Lofgren, sent another letter in July, asking the FCC to delay a vote on new satellite regulations. The FCC Commissioners went ahead and approved the new satellite rules in their July meeting.

The FCC has been addressing space issues for years. I’ve read the applications that SpaceX filed when it originally asked the FCC for the authority to launch its current satellite constellation. Those filings are full of specifications and descriptions of how Starlink can direct satellites to avoid collisions, and how the company will deorbit satellites when they are no longer needed. The new FCC regulations cover these same issues.

The letter from Congress raises an interesting question. If the FCC doesn’t regulate these issues, then what federal agency does? The answer to that question is unclear, and it looks like various agencies have some role in regulating satellites:

• The Department of Commerce has developed the Traffic Coordination System for Space (TraCSS) that issues satellite collision warnings.
• The Department of Defense and Space Command also tracks space objects.
• The FAA coordinates with airplanes to avoid areas near rocket launches.
• The FCC is clearly in charge of the spectrum issues used to communicate between satellites and Earth.

Congress hasn’t specifically given any agency the authority to regulate orbital debris mitigation and deorbiting rules. This is a relatively new issue due to the large number of satellites in orbit, and the much larger number of planned satellites coming over the next decade. When the FCC took on this role with early communication satellites, it didn’t have any Congressional mandate to do so, because Congress hadn’t given that specific authority to anybody. But nobody was very concerned about this issue a decade ago, when there were 4,200 objects in orbit, including only 1,400 operational satellites.

It appears that the FCC has taken on this role in the regulatory vacuum. The House Science Committee had sent letters to the FCC making the same points to Chairman Ajit Pai in 2020 and Chairwoman Jessica Rosenworcel in 2022. That means that Congress has had years to debate the issue and decide who should regulate space safety. There have been discussions in Congress about assigning this role to the Department of Commerce, but no votes have been taken to do so.

Clearly somebody needs to regulate space safety. Scientists and space experts have been warning about the disaster that would ensue if there were major collisions of satellites that result in a cloud of debris. The satellite industry is growing into a significant part of the economy, and a major collision could quickly cripple communications satellites for years.

I have to wonder if the FCC is the right place in the government to be tackling these issues today. Does the agency have enough space experts on staff to fully evaluate if satellite companies are taking the right precautions? Does any federal agency? There will be a lot of finger-pointing if a collision disaster happens, but it seems like the only place to point the finger would be Congress.