(Washington, D.C.) – Today, House Science, Space, and Technology Committee Chairman Brian Babin and Ranking Member Zoe Lofgren sent a letter to the Federal Communications Commission (FCC) raising concerns about the agency’s Notice of Proposed Rulemaking (NPRM) titled "Space Modernization for the 21st Century," and urging the Commission to withdraw or substantially narrow the proposal to remain within its statutory authority.
In the letter to FCC Chairman Carr, the bipartisan leaders express support for efforts to streamline radiofrequency licensing for private space systems, but warn that several provisions in the NPRM go beyond communications policy and into broader space activity regulation—areas Congress has not authorized the FCC to oversee.
The Chairman and Ranking Member requested that the FCC "rescind the 'Space Modernization' NPRM referenced above or issue a Further Notice of Proposed Rulemaking (FNPRM) focused exclusively on radiofrequency communications licensing for private space systems."
They further note that the NPRM would require operators to "take all possible steps" to assess and mitigate collision risks and certify compliance with an FCC-established human casualty threshold—requirements they argue are unrelated to spectrum management. As the letter states, such proposals "would effectively condition access to spectrum licenses on compliance with operational requirements unrelated to radiofrequency communications."
The Members also raise concerns that the proposed rule would exceed the FCC’s statutory authority, writing that the Communications Act of 1934 “contains no clear congressional authorization empowering the FCC to regulate space safety, space traffic management, or broader non-communications space operations.”
Concluding the letter, they respectfully request that the Commission "suspend the NPRM or substantially narrow the NPRM through an FNPRM so that its contents are confined strictly to radiocommunications licensing within the clear bounds of the Communications Act."
The intent of the letter is to ensure that federal space regulation remains grounded in clear statutory authority, avoids duplicative or conflicting requirements, and preserves U.S. leadership and competitiveness in the commercial space sector.
To read the full letter, please click here.
To view previous letters the Committee has sent on this topic, please click the links below:
2020 Letter to FCC Chairman Ajit Pai
2022 Letter to FCC Chairwoman Jessica Rosenworcel