Large Satellite Systems May Need Environmental Reviews, GAO Says

A US agency is recommending the FCC reexamine whether large satellite constellations like SpaceX’s Starlink should undergo a federal environmental review—and the FCC agrees.

The recommendation comes from the Government Accountability Office (GAO), which can audit federal processes on behalf of Congress. On Wednesday, it issued a report(Opens in a new window) about the rise of large satellite constellations, and the FCC’s regulatory approval processes.

“With such unprecedented growth come concerns about the impact such large constellations of satellites may have on the environment, public safety, and satellite operations,” the GAO report says. These satellite constellations will require numerous rocket launches, drape the globe in more radio frequencies, and could risk generating orbital debris and light pollution. 

The National Environmental Policy Act (NEPA) requires federal agencies to assess the environmental effects of a major proposed action. But starting in 1986, the FCC has invoked an exclusion that exempts large satellite constellations from undergoing that environmental review. 

However, times have changed. In 1986, “mega” satellite constellations didn’t exist, the GAO report(Opens in a new window) notes. Now companies such as SpaceX are proposing to launch tens of thousands of satellites in orbit, potentially quintupling the current number of satellites circling the Earth. 

“We found that FCC has not explained and documented how its decision to categorically exclude licensing large constellations of satellites is current and appropriate,” the GAO report says. Nor has the FCC revisited its NEPA procedures “to consider whether or how they should be revised for large constellations of satellites as the space industry has evolved,” the agency added.

That said, FCC officials told the GAO that they’re always considering whether excluding large satellite constellations from a NEPA review remains appropriate. But according to the report, the FCC failed to supply any documentation about these efforts. 

The report says the FCC has yet to establish guidance on how commission staff should determine if a large satellite constellation demands further environmental analysis. As a result, the GAO recommends the FCC examine “whether licensing large constellations of satellites normally does not have significant effects on the human environment.” If large satellites constellations do pose an impact on the environment, a federal environmental review should follow. 

Another GAO recommendation calls on the FCC to “identify and make public” the factors the commission will use when deciding if an extraordinary circumstance is present, and a large satellite constellation should face an environmental review. 

The GAO report also includes a letter from the FCC that shows the agency plans on carrying out the recommendations. However, the letter says the FCC will conduct a review of its NEPA rules once the White House’s Council on Environmental Quality finishes revising its own regulations regarding the federal environmental law.

The news represents a win for environmental groups and some astronomers who are concerned about SpaceX’s plan for a second-generation Starlink network. They’ve already been calling on the FCC to conduct an environmental review, which would slow down progress on building out the Starlink network.

SpaceX did not immediately respond to a request for comment. But in filing(Opens in a new window) last month with the FCC, the company reiterated that NEPA should not apply to space activities. SpaceX also pushed back against opponents who are demanding that all commercial satellite launches face environmental reviews. 

“This dangerous suggestion—which is not based in law, rule, or scientific fact—would directly undermine American innovation, global competitiveness, and fundamental broadband policy, denying millions of real people speedy access to high-speed, low-latency satellite broadband while hobbling or dooming US-licensed satellite companies,” the company said.