FCC Takes First Space Debris Enforcement Action

The Federal Communications Commission's Enforcement Bureau settled an investigation into DISH for its failure to properly de-orbit its EchoStar-7 satellite. This marks a first in space debris enforcement by the FCC, which has stepped up its satellite policy efforts, including establishing the Space Bureau and implementing its Space Innovation Agenda. The settlement includes an admission of liability from the company and an agreement to adhere to a compliance plan and pay a penalty of $150,000. The FCC’s investigation found that the company violated the Communications Act, the FCC rules, and the terms of the company’s license by relocating its direct broadcast satellite (“DBS”) service EchoStar-7 satellite at the satellite’s end-of-mission to a disposal orbit well below the elevation required by the terms of its license. At this lower altitude, it could pose orbital debris concerns. In February 2022, DISH determined that the satellite had very little propellant left, which meant it could not follow the original orbital debris mitigation plan in its license. DISH ultimately retired the satellite at a disposal orbit approximately 122 km above the geostationary arc, well short of the disposal orbit of 300 km specified in its orbital debris mitigation plan.