Yes, I agree... I mean I don't disagree with the principle that corporations should be spanked for intentionally launching orbital debris that is below the tracking size threshold. 1U cubesat is not so difficult. I am just not sure that the FCC is the appropriate agency to be regulating orbital two line elements, minimum satellite bus size, etc.

The USAF/NORAD operates the US feds' space tracking functionality but is not set up to regulate things, they provide Secret and TS level data to agencies like the NRO and other parts of the USAF (for missions like the X-37), but I don't think the USAF spacetrack agency has any regulatory authority. Probably it should have such, if this sort of thing continues.