First, while the FCC clearly has US authority over spectrum, how is it that its charter includes satellite launches? Or conversely, if they SpaceBees never turn on did they violate the license? And on what basis does the FCC get to evaluate the risk of other things in orbit, isn't that NORAD's job? And what if this had been a startup in Bangalore or Mumbai, would they be getting crap from the FCC for launching the very same satellites?
Now I understand the leverage the FCC can use with US based launch services, sort "Follow our rules and do what we say or we will have the FAA pull your launch permit." but that leverage doesn't really exist for foreign launch services. Heck the Russians might launch stuff like this just to irritate the FCC and tweak our noses.
And it raises a whole different set of questions about cubesats. How closely are they inspected at Integration time? Is is possible to create a cubesat that looks and smells like it is doing one mission but is actually doing a different mission? What happens when someone launches an orbital spy satellite network? Not the one you would expect taking pictures of people's back yards, but a collection of satellites with large lenses that are looking up and over at the things coming up from the ground. Imagine an ion engine powered small sat that works its way up to GEO and snaps pictures of all the satellites it can find and beams those images down to earth.
Let's say their quad systems stays under the weight of the typical cubesat limit of 1.33kg. That means they could launch 100,000+ satellites on a single F9 load. And while that would be silly (They would all be in a very similar orbit) it suggests how easily someone could (in theory) just "throw up" a covert microwave based communication network on a very small number of launches.
These are definitely 21st century sorts of problems :-).