A single US regulator can now reshape how the entire world sees the night sky, and space law experts say there is little the international community could do about it if that regulator keeps saying yes.
The FCC approved Reflect Orbital’s application to launch Eärendil-1 on July 9, an 18-by-18-metre space mirror designed to test reflecting sunlight onto solar farms after dark.
The approval covers only this single demonstration satellite, but it fuels concern that the agency could eventually clear Reflect Orbital’s full plan: a constellation of 50,000 sun-reflecting mirrors. SpaceX, Blue Origin and Starcloud all have similar mega-fleet applications pending before the FCC.
In accordance with the UN’s Outer Space Treaty, the licensing power is solely in the hands of the nation in which the satellite is registered. The liability clause only applies to any physical collision and not to the optical interference, as stated by Ruskin Hartley, CEO of DarkSky International.
Slovakia and the International Astronomical Union made a proposal to the UN’s COPUOS regarding the restriction of space mirrors back in June; however, Aaron Boley, an astronomer working at the University of British Columbia and working on the proposal, does not believe the agreement will happen quickly enough.
Former NASA legal counsel Robin J. Frank says this fits a broader pattern of unilateral FCC decisions, pointing to the agency’s earlier approval of direct-to-cell satellite systems using spectrum not authorised for that purpose internationally.
The satellite industry also remains exempt from the National Environmental Policy Act, meaning neither the FCC nor companies like Reflect Orbital are required to prove their technology won’t harm the environment.
A study done by European Southern Observatory has revealed that the sky brightness could increase dramatically if all the proposed satellite constellations are launched, with effects that researchers believe will disturb wildlife, interfere with research telescopes, and even affect people whose culture depends on the night sky.
DarkSky has challenged the FCC in court regarding satellite licences before and failed, but Hartley believes that his organisation would do the same if the FCC grants Reflect Orbital its entire licence for 50,000 mirrors.
