Mary-Christine Sungaila of the Complex Appellate Litigation Group. Courtesy photo. FCC's Proposed ISAM Rulemaking Exceeds Its Authority Under Major Questions Doctrine
Do congressional statutes provide the Federal Communications Commission with authority to license and regulate a broad range of in-space servicing, assembly, and manufacturing activities? Under U.S. Supreme Court law, the answer is no.
June 21, 2024 at 08:00 AM
7 minute read
Administrative Law
As the Aerospace Corporation's Center for Space Policy and Strategy has recognized: "A new generation of spacecraft designed specifically for In-space Servicing, Assembly, and Manufacturing is leading [the] charge towards a new space economy." ISAM, which includes in-space repair of spacecraft, construction of systems in space, and manufacturing in space, "could become one of the largest industries in space and also one of the biggest customers to other in-space economy fields," according to Factories in Space's 2022 In-Space Manufacturing Industry Survey.
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