US FCC approves giant space mirror to deliver ‘sunlight on demand,’ but what are the legal implications?
Despite the hundreds public opinion against a giant space mirror that can beam light about five kilometers wide back down to Earth, the US Federal Communications Commission (FCC), has given us the green light.
The company that builds the space mirror, Reflect Orbital, touts its proposal as “sunlight on demand,” which could be used for any number of reasons, say, such as agriculture, solar farms or search and rescue.
Astronomers and other groups have raised alarm about the project, citing a number of reasons, including a threat to animals that depend on clear night skies, a threat to important astronomical research and more.
“This damage could include damage to the telescope’s sensitive research equipment, potential blinding of pilots and operators and – as Reflect Orbital stated in its FCC filings – potential permanent damage to anyone viewing the telescope,” the American Astronomical Society said. said the statement.
The FCC said those concerns are beyond their control, as they only regulate radio, television, cable and satellite communications.
So who controls where, how and when the five-kilometer beam can be used? What’s to stop someone from paying tens of thousands of dollars for an hour of bright sunlight in their home? Does that mean the neighbors have to put up with the disruption to their sleep or nighttime activities?
While Reflect Orbital’s permit is for one satellite, the company proposes to launch 50,000 more by 2035.
And this is on top of the millions of satellites proposed by SpaceX and other companies such as Blue Origin, which will add to the thousands of satellites already crammed into Earth’s orbit.
‘Far from control’
Internationally, the United Nations Office for Outer Space Affairs (UNOOSA) deals with all aspects related to outer space, including its use and outer space law.
More than 115 countries (called “states”) signed the 1967 Outer Space Treaty. There are several articles in the agreement, but the overall message is that countries are responsible for the peaceful use of outer space and that countries should consider other “reciprocal interests of all other regional organizations,” a representative of UNOOSA told CBC News by email, when asked about the Reflect Orbital project.
“So the honest answer to ‘how legal’ is that it is not a question of yes or no. There is nothing in the treaties that prohibits placing a light object in orbit (Article I, freedom to use outer space). But such activity is far from being unregulated,” said UNOOSA. “It is subject to the respect and consultation obligations owed to every other State. And any State that considers itself affected has the right to raise it.”
Quirks and Quarks8:35A company wants to sell late-night sunlight. Here’s why astrologers are worried
A company called Reflect Orbital plans to launch thousands of mirrors into space starting early next year, to provide customers with more sunlight at night. The company says the extra light can help power solar cells, aid in search and rescue operations, and more. But astrologers are worried that this practice will interfere with their work, and may be harmful to human health, animals and the environment.
International space law expert Cassandra Steer said it may be up to countries to enact some sort of regulations regarding the type of reflected sunlight service Reflect Orbital intends to provide.
“I think there are environmental protection laws in Canada where the federal government would say, basically, we’re not going to allow anyone in Canada to legally buy and use these services, because we’re going to say it’s a threat to their environment,” Steer said. “How are we going to enforce it is a different question.”
Ram Jakhu, a senior professor at McGill University’s law school, agreed that regulations are needed.
“I think that in five or 10 years you will see that something has been done about it, not just talk and talk,” he said.
“The whole issue of the night sky, light pollution, these things, are being discussed, but nothing has been decided yet. But I think there will be a lot of concern and discussion, something we can see very soon. The night sky is very important. But … astronomers are not a big player in geopolitics.”
UNOOSA also said that of the 193 member countries, approximately 50 have their own national space laws, and that, as Steer said, it would be up to individual countries to set their own rules.
In response to a question about potential regulations, a spokesperson for Reflect Orbital said, “We recognize that responsible deployment at scale requires clear regulations. We welcome oversight and want to play an active role in shaping it. We believe it is our responsibility to work with governments, scientists and regulators rather than ahead of them.”
‘A dark and silent sky’
UNOOSA’s Committee on the Peaceful Uses of Outer Space (COPUOS) is already working with the International Astronomical Union (IAU), and other observatories around the world on “protecting dark and silent skies,” and space-based lighting is included in that, UNOOSA said.
Piero Benvenuti, director of the IAU’s Center for the Protection of Dark and Quiet Sky from Satellite Constellation Interference (CPS), said they have been talking to Reflect Orbital from the beginning.
The company says on its website that it “maintains unclassified areas for astronomy and sensitive areas.” But Benvenuti said, when CPS showed Reflect Orbital a map of all the observatories contributing to astronomy, they seemed surprised.
“Perhaps they didn’t know that the number of telescopes, including telescopes for newbies, are large and scattered all over the world,” he said.
In an email to CBC News, a company spokesperson said, “We are an industry member of the International Astronomical Union’s Center for the Protection of the Dark and Quiet Sky, and feedback from the astronomical community has significantly informed our spacecraft design and applications.”
They also noted that they are “committed to ongoing dialogue with scientists, astronomers, environmental researchers and other interested stakeholders.”
CPS has no regulatory oversight, but works with astronomers and satellite providers to reduce the impact satellite constellations will have on the night sky.
A new study that analyzed the observations of more than 50,000 people over 12 years confirmed that light pollution is getting worse, brightening the night sky by about seven to 10 percent each year.
“One thing they didn’t think about is that it’s not just direct light from the telescope,” said Benvenuti. “They shine in space, their reflected sunlight, and that lights up the atmosphere, and the light, obviously, is scattered by particles and scattering.”
He also noted that they are working with Reflect Orbital to study the results of the first satellite, Earendil-1.
“What we are discussing with them is an observational campaign. So, we want to measure the effect of this example. And then once we have these measures, this data, we will confirm the simulation and, you know, check if the simulation is correct.”
And if they are?
“They say we want to introduce 50,000 glasses by 2035,” said Benvenuti. “That would be catastrophic for astronomy, that’s for sure.”
