The FCC
& Satellite Licensing
The Federal Communications Commission controls who can launch satellites in US jurisdiction. It is the single regulatory body standing between Reflect Orbital's space mirrors and orbit — and between SpaceX's million AI satellites and the night sky. Here's how it works.
The Agency With Power Over the Sky
The Federal Communications Commission is an independent US government agency that regulates communications by radio, television, wire, satellite, and cable. It was established by the Communications Act of 1934 and is overseen by five presidentially-appointed commissioners confirmed by the Senate.
For satellites, the FCC's authority derives from its spectrum management role. Any satellite communicating with the ground — even for basic telemetry and tracking — uses radio frequencies that fall under FCC jurisdiction. This gives the FCC effective veto power over any US-based commercial satellite operator, regardless of what the satellite is actually doing in orbit. A space mirror that reflects light rather than transmitting data still needs FCC approval for its command-and-control communications.
Critically, the FCC is a US regulator. It can deny licences to US operators but cannot prevent a French, Chinese, or other non-US company from launching a space mirror. This jurisdictional gap is one reason international coordination through bodies like the UN's COPUOS is increasingly discussed by astronomers and regulators.
The Process — Step by Step
APPLICATION FILED
The operator submits a formal application to the FCC's Space Bureau including technical specifications, orbital parameters, frequency plan, debris mitigation plan, and a public interest narrative. For novel or controversial applications, this document is the entire public record of the operator's intentions and technical claims.
ACCEPTANCE & PUBLIC NOTICE
The Space Bureau reviews the application for completeness and, if accepted, publishes a public notice opening a comment period. This is not approval — it is the start of regulatory review. Any member of the public or organisation can file comments supporting or opposing the application.
PUBLIC COMMENT PERIOD
Typically 30–60 days. Scientists, environmental groups, competing operators, government agencies, and members of the public file comments. The FCC is legally required to consider all comments filed in the record when making its decision.
ENVIRONMENTAL REVIEW (NEPA)
The National Environmental Policy Act requires federal agencies to assess the environmental impact of their decisions. For satellites, the FCC has historically granted a "categorical exclusion" — a presumption that satellites have no significant environmental impact — meaning no full environmental impact statement is required. Critics argue this is outdated given the scale of modern constellations.
FCC DECISION
The FCC must determine whether granting the licence is in the "public interest, convenience, and necessity." This is a broad standard. The FCC weighs technical feasibility, spectrum interference, orbital debris risk, and public interest arguments. It can grant, deny, or impose conditions on a licence.
DEPLOYMENT MILESTONES
Approved licences typically include deployment milestones — requirements to launch a specified fraction of satellites within defined timeframes, preventing operators from "warehousing" spectrum rights without deployment. SpaceX specifically requested waivers from these requirements in its orbital data centre application.
Reflect Orbital & SpaceX: Simultaneous Reviews
☀ REFLECT ORBITAL — EÄRENDIL-1
⚡ SPACEX — ORBITAL DATA CENTERS
Why There's No Environmental Review
The National Environmental Policy Act of 1969 requires federal agencies to assess the environmental consequences of major federal actions. For most large infrastructure projects — a new highway, an oil pipeline, a dam — NEPA triggers a full Environmental Impact Statement that can take years and must consider effects on wildlife, ecosystems, and human communities.
For satellites, the FCC has long applied a categorical exclusion — a NEPA mechanism that exempts activities presumed to have no significant environmental impact. This made reasonable sense in 1970 when a handful of geostationary communications satellites were the entire industry. It makes considerably less sense when a single application proposes one million satellites in low Earth orbit above protected astronomy sites, wildlife habitats, and human communities.
The SpaceX orbital data centre application was placed on a fast-track path that did not require SpaceX to conduct an environmental impact assessment. This means the burden of proving harm falls on objectors — primarily astronomers and environmental groups — rather than on SpaceX to prove no harm. In January 2025 an executive order titled "Unleashing American Energy" pushed for removal of environmental review requirements, and the FCC began a rule change process in August 2025 to further "streamline" its NEPA procedures. Critics describe this as regulatory capture at exactly the wrong moment.
DarkSky International challenged the FCC's categorical exclusion for Starlink's second-generation satellites in 2023. A court sided with the FCC, ruling it had reasonably concluded SpaceX's mitigation efforts were sufficient. This precedent makes it harder — not easier — for objectors to force environmental review of even larger constellations. SpaceX's track record of collaborating with astronomers (even where astronomers dispute whether mitigations are sufficient) was cited as evidence of good faith.
Reflect Orbital FCC Filing
Eärendil-1 application submitted. Launches planned for April 2026. Comment period opens. Over 1,800 comments eventually filed by the public, scientific organisations, and environmental groups.
FCC NEPA "Streamlining" Begins
Following the January 2025 executive order on deregulation, the FCC opens a rule change process to further exempt space-based operations from NEPA requirements, citing that satellite effects are "extraterritorial." Astronomers object that light pollution and atmospheric effects are anything but extraterritorial.
SpaceX Files for 1 Million Satellites
The orbital data centre application is filed. Four days later the FCC Space Bureau accepts it on a fast-track path. This means no mandatory environmental impact assessment. SpaceX requests waivers from standard deployment milestones.
Scientific Community Responds
The RAS, AAS, IAU, and DarkSky International all file formal opposition. The AAS urges its members to submit individual comments. Simulation studies published showing tens of thousands of SpaceX satellites simultaneously visible. Combined public comments across both proceedings exceed 3,300.
Comment Periods Close
Reflect Orbital comment period closes (SpaceX closed 6 March). Reply comments and opposition responses due through late March. The FCC is now in the evaluation phase for both applications. No decision timeline has been announced.
FCC Decision — No Date Set
Both applications remain under review. The FCC is not bound by any deadline. Given the current administration's deregulatory posture, observers expect the FCC is more likely to approve than deny — though conditions could be imposed on the Reflect Orbital application regarding observatory exclusion zones and brightness limits.
What the FCC Cannot Do
The FCC can deny a US operator a licence. It cannot prevent a European, Chinese, Russian, or other non-US company from launching an orbital mirror or mega-constellation. The Outer Space Treaty of 1967 establishes that space is the "province of all mankind" — but contains no mechanism to prevent one nation's commercial operator from altering the night sky for everyone on Earth.
The UN Committee on the Peaceful Uses of Outer Space (COPUOS) is the primary international forum for space governance, but it operates by consensus and produces guidelines rather than binding law. The International Telecommunication Union (ITU) coordinates spectrum and orbital slot management but has no mandate over optical brightness or light pollution. No international body currently has authority to prevent an orbital mirror constellation launched from a non-US jurisdiction.