SpaceX Questions FCC Space Sustainability Jurisdiction

Imposing an aggregate collision risk metric on SpaceX but not on other U.S.-licensed operators would jeopardize FCC authority over space sustainability, "which has an uncertain legislative nexus and has never been tested in court," SpaceX told the FCC international Bureau last week. It said the FCC hasn't claimed jurisdiction over such issues as how "broadcasters ... drive TV news vans." It said Congress has never indicated it intends for the agency to have that kind of jurisdiction over satellites, proof being it never appropriated funds for the hiring of aerospace engineers or other similar technical experts. It said a Viasat call to look at aggregate collision risk for SpaceX would "stretch the public interest standard past the breaking point, which would put the Commission’s authority over space sustainability at risk." It said applying an aggregate collision risk analysis to SpaceX's planned second-generation constellation would violate the Administrative Procedure Act "as an arbitrary and capricious rule adopted without adequate notice."