Who regulates outer space? It's an increasingly pressing question. In 1967, at the height of the first space age, there were 139 space launches.

That stood as a record until last year when there were 144. It's clear that a second space

age is getting into full swing. This time, firms are beaming internet broadband

back to Earth. They're working on creating a space manufacturing industry. They're eyeing trips to

Mars and more. So again, who regulates space? Who sets the rules? One federal agency, in particular, the Federal Communications

Commission, seems to be throwing its hat in the ring. It's making moves that could establish

it as the nation's premier space regulator. That in turn could make it the world's premier space

regulator. This assumes, of course, it the world's premier space regulator.

This assumes, of course, that the FCC's regulatory regime fosters innovation,

enabling the United States to keep ahead in the new space race.

This is the tech policy podcast.

I'm Corbyn Barthold.

Here to spell out what's going on with the FCC and space, James Dunstan, Tech Freedom's Own General Counsel. Jim, welcome back. It is so good to have you.

Great to be back, Corbyn, and great especially to be back talking about space stuff.

We need to get you in for a good solid net neutrality episode. We're overdue.

Yes, yes.

Let's start by stepping back and trying to understand how we got here.

The FCC is established in 1934 to regulate

wire and radio. How does it wind up being our de facto regulator for satellites? Was that ever

explicitly set forth by statute, or did we just sort of drift our way here?

Yeah. So this is a really important history lesson that we've got to go through. So 1934, you got

the FCC Communications Act. 1958, you have Congress passing the NASA Act, which establishes NASA. Takes it from being NACA to NASA and

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