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Satellite Licensing: FCC Should Reexamine Its Environmental Review Process for Large Constellations of Satellites

GAO-23-105005 Published: Nov 02, 2022. Publicly Released: Nov 02, 2022.
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Fast Facts

By 2030, tens of thousands of commercial satellites are expected to join the thousands of satellites already in orbit. Scientists and others have raised concerns about the potential environmental and other effects of large quantities of satellites.

Companies submit satellite launch proposals to the Federal Communications Commission for licensing. FCC reviews potential environmental effects—unless the proposal is in a category that FCC has excluded from review. FCC officials said that proposals for large quantities of satellites are excluded, but FCC hasn't assessed whether its exclusions are still appropriate.

Our recommendations address this.

Potential Effects of Satellites

Graphic of the surface of earth with satellites in space

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Highlights

What GAO Found

The National Environmental Policy Act (NEPA) requires federal agencies to consider the environmental effects of major federal actions prior to making decisions and to involve the public. Agencies do so by preparing an environmental assessment or an environmental impact statement, or both, unless a “categorical exclusion” applies. A categorical exclusion may be applicable if the proposed action is in a category the agency has already determined does not normally have significant environmental effects. Even when a proposed action is covered by a categorical exclusion, agencies must evaluate whether the action presents extraordinary circumstances that require preparation of an environmental assessment or environmental impact statement.

Process for Implementing the National Environmental Policy Act's (NEPA) Requirements

Process for Implementing the National Environmental Policy Act's (NEPA) Requirements

Federal agencies consider potential environmental and other effects from large constellations of satellites through licensing and other efforts. GAO reported that these effects could include sunlight reflections, orbital debris, and launch emissions. The Federal Communications Commission (FCC) and the Federal Aviation Administration consider these potential effects when licensing satellite transmissions and launch and reentry vehicles, respectively. Other federal agencies fund or lead research on these potential effects.

GAO found that FCC has not sufficiently documented its decision to apply its categorical exclusion when licensing large constellations of satellites. In 1986, FCC created a categorical exclusion for all actions except those meeting specific conditions. These conditions are largely focused on environmental effects on the Earth's surface, such as the construction of facilities to be located in an officially designated wildlife preserve. FCC officials told GAO that the agency invokes its categorical exclusion when licensing large constellations of satellites. The Council on Environmental Quality, which oversees agencies' implementation of the National Environmental Policy Act, recommends that agencies periodically review categorical exclusions to ensure they remain current.

FCC has made changes to the categorical exclusion. However, FCC has never reviewed and documented whether it should apply to large constellations of satellites. GAO also found that FCC does not have a process or timeline for periodically reviewing its categorical exclusion and publishing the information on its website. Further, FCC has not identified and made public factors it considers in determining whether extraordinary circumstances are present. Taking these actions would better position FCC to ensure that its decisions to apply its categorical exclusion are current and transparent when licensing large constellations of satellites.

Why GAO Did This Study

Over the last few years, companies have launched large constellations of satellites to provide services such as phone and Internet access. This trend is expected to accelerate, with tens of thousands of additional satellites expected to be launched by the end of the decade. Stakeholders have raised questions about federal consideration of potential environmental and other effects as the number of satellites orbiting the Earth increases.

GAO was asked to review existing policies related to environmental effects of large constellations of satellites. This report examines: (1) how federal agencies consider potential environmental and other effects from large constellations of satellites and (2) how FCC determines whether licensing large constellations of satellites requires an environmental assessment or environmental impact statement. GAO reviewed relevant laws, regulations, and studies, and compared FCC's processes and procedures to the Council on Environmental Quality's regulations and guidance. GAO also interviewed FCC and other agency officials.

Recommendations

GAO is recommending that FCC (1) review and document whether licensing large constellations of satellites normally does not have significant effects on the environment, (2) establish a timeframe and process for a periodic review of its categorical exclusion under NEPA, and publish both on its website, and (3) identify and make public factors FCC considers when determining if an extraordinary circumstance is present. FCC agreed with our recommendations.

Recommendations for Executive Action

Agency Affected Recommendation Status
Federal Communications Commission The Federal Communications Commission should review whether licensing large constellations of satellites normally does not have significant effects on the human environment and document FCC's resulting decision. (Recommendation 1)
Open
In May 2024, the CEQ published a Final Rule updating the government-wide regulations for implementing NEPA. FCC plans to develop proposed procedures after adoption of the final rule. The Final Rule requires agencies to develop proposed revisions to agency NEPA procedures and initiate CEQ consultation within 12 months of the effective date of CEQ's Final Rules. As of June 2024, the FCC is conducting a review of its NEPA rules, including a review of whether licensing large constellations of satellites normally does not have significant effects on the human environment. GAO will continue to monitor FCC's efforts to implement this recommendation.
Federal Communications Commission The Federal Communications Commission should establish a timeframe and process for a periodic review of its categorical exclusion under NEPA and publish both on the FCC website. (Recommendation 2)
Open
In May 2024, the CEQ published a Final Rule updating the government-wide regulations for implementing NEPA. FCC plans to develop proposed procedures after adoption of the final rule. The Final Rule requires agencies to develop proposed revisions to agency NEPA procedures and initiate CEQ consultation within 12 months of the effective date of CEQ's Final Rules. As of June 2024, the FCC is conducting a review of its NEPA rules and anticipates that the review will seek comment on a process for the periodic review of FCC's categorical exclusions. GAO will continue to monitor FCC's efforts to implement this recommendation.
Federal Communications Commission The Federal Communications Commission should identify the factors that FCC will consider in determining whether an extraordinary circumstance is present when reviewing licenses for large constellations of satellites and make the results available to the public. (Recommendation 3)
Open
In May 2024, the CEQ published a Final Rule updating the government-wide regulations for implementing NEPA. FCC plans to develop proposed procedures after adoption of the final rule. The Final Rule requires agencies to develop proposed revisions to agency NEPA procedures and initiate CEQ consultation within 12 months of the effective date of CEQ's Final Rules. As of June 2024, the FCC is conducting a review of its NEPA rules, including a review of whether licensing large constellations of satellites normally does not have significant effects on the human environment, and, if such actions remain subject to a categorical exclusion, the factors that the FCC will consider in determining whether an extraordinary circumstance is present. GAO will continue to monitor FCC's efforts to implement this recommendation.

Full Report

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Topics

Commercial space launchesEnvironmental assessmentEnvironmental effectsEnvironmental impact statementsEnvironmental policiesEnvironmental reviewSatellitesConstellationsCommunicationsFederal agencies