It’s never been tested in court if the FCC has any authority over the airspace above Indian Reservations. Starlink should make agreements with a couple Indian Reservations and claim actions under rural development or the various tribal sovereignties. Then FCC would be violating their federal Trust responsibilities by denying the request.
But wouldn't that argument also apply to Africa and anywhere else the satellites fly. If he wants to move these to a lower orbit then we know for sure that these aren't geostationary.
What gives the FCC authority over the positioning of satelites for the whole world in general. Elon should just restructure StarLink in Switzerland or Liechtenstein or Iceland (the three truly white and free countries) and then it won't be an FCC mater. The only way the FCC could have standing over the positioning of global satellites is from them both being American companies.
No. Every country implements spectrum differently. This is talking about how spectrum is administered over the United States. How it is administered over Indian Reservations is a trust responsibility of the federal government and that requires government to government consultation according to the Indian Reorganization and Education Act of the 1934. There is no reason to assume spectrum resources would or should be treated differently from any other energy or natural resource, especially since the federal government itself regularly leases portions of spectrum off each year.
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