FCC Adopts "Assembly Line" Approach for Satellite Licensing At July 22nd Meeting

The Federal Communications Commission (FCC) adopted an overhaul of its licensing process during its July 22nd meeting.

The change replaces the Part 25 rules with a new Part 100 framework. Part 100 aims to process applications faster and more predicably. It will expand the types of minor modifications to licenses that do not require prior authorization, and will reduce the review timeline from years to weeks or months. In addition, it will allow multiple satellites to be co-located at a single orbital slot, with applications being processed in batches for satellites in large constellations.

The specific items the order addresses are as follows:

• Replace part 25 of the Commission’s rules with part 100 to delete unnecessary and outdated rules and organize the new rules in a manner that is easier to understand.

• Create an application processing framework based on bright-line criteria that are presumed to be in the public interest.

• Reform application handling by simplifying requirements, updating and establishing timelines, and allowing for conditional grants.

• Creating a Variable Trajectory Space Station (VTSS) license category.

• Modify processing round procedures for non-geostationary orbit (NGSO) satellite systems.

• Remove the surety bond requirements for geostationary orbit space stations and for NGSO space stations not in a processing round while also simplifying milestones.

• Extend the license terms for most space stations and earth stations to 20 years.

• Make significant changes to the earth station licensing regime.

• Require space station operators to share space situational awareness data.

The Space Modernization Order published on July 1st that outlined the proposed changes has received disapproval from Rep. Brian Babin and Rep. Zoe Lofgren indicating that the FCC does not have the statutory authority to regulate space operations, space safety, or orbital debris mitigation, with the letter outlining existing licensing authority that Congress has delegated to the Department of Transportation and the Department of Commerce.

The Space Debris Foundation supports regulatory modernization and faster licensing, provided that increased speed does not come at the expense of orbital sustainability, meaningful debris mitigation, or transparency. We applaud the order for recognizing the need for space situational awareness data sharing and requiring semi-annual safety reporting. However, we are closely examining the Order’s provision permitting the deferral of certain orbital-debris and end-of-life documentation. We support such a deferral only insofar as it remains a procedural accommodation that does not increase risk to the orbital environment and does not become a de facto waiver of substantive debris-mitigation requirements. Deferring the submission of documentation is fundamentally different from eliminating the underlying obligation. Operators must remain responsible for demonstrating compliance before launch and operation, and we strongly oppose any waiver of substantive orbital-debris mitigation or end-of-life requirements, whether through the FCC’s new framework, the Space Commerce Certification, or any other regulatory mechanism.

We also recognize the importance of clarifying the statutory boundaries of federal agency authority over space operations, orbital safety, and debris mitigation. We call upon Congress to provide greater clarity regarding the respective authorities and responsibilities of federal agencies addressing orbital debris and space safety, including through passage of the ORBITS Act and SAFE Orbits Act. Clear statutory delineation can reduce jurisdictional uncertainty, promote coordinated federal action, and ensure that agencies act within the authority granted to them by Congress. Such clarity is increasingly important in light of the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, which indicated that courts must independently determine the best interpretation of statutory provisions rather than defer to an agency’s reasonable interpretation merely because a statute is ambiguous.

The United States should not have to choose between commercial space innovation and a safe orbital environment. Regulatory modernization can accelerate American leadership in space while maintaining strong safeguards for orbital sustainability. The Space Debris Foundation will continue to monitor implementation of Part 100 and advocate for a regulatory framework that promotes innovation and safety.