Earlier this month, the Federal Communications Commission (FCC) released a Notice of Inquiry (NOI) directed at advancing the space economy by examining in-space servicing, assembly, and manufacturing (ISAM) activities. The FCC’s goal is to develop a record to facilitate the integration of the private space industry’s expertise with the FCC’s own policies and procedures to form part of an ongoing interagency dialogue on how to best foster commercial and nongovernmental ISAM activities for the new space age. The FCC seeks comment on modifications to its licensing processes to “responsibly facilitate progress and reduce barriers for ISAM missions.”
Background
In April 2022, the National Science and Technology Council (NSTC) and the Office of Science and Technology Policy (OSTP) released an ISAM National Strategy to effectively coordinate executive branch space policy across federal agencies, including among the FCC, the U.S. Department of Defense (DOD), the U.S. Department of Commerce, and National Aeronautics and Space Administration (NASA). The ISAM National Strategy laid out six strategic goals to foster further development of ISAM capabilities:
1. Advancing ISAM research and development;
2. Prioritizing the expansion of scalable ISAM infrastructure;
3. Accelerating the emerging ISAM commercial industry;
4. Promoting international collaboration and cooperation;
5. Prioritizing environmental sustainability; and
6. Inspiring the future space workforce.
The NSTC and OSTP also note, however, that meeting these broad goals requires improved coordination and collaboration among the federal government, academia, industry, and international partners, as well as clear and consistent messaging to industry to stimulate ISAM investment and the establishment and adoption of technical and procedural standards to promote growth. While the FCC has already licensed some ISAM-related space missions, the agency has structured the current inquiry to solicit input on a broader array of ISAM-related issues aimed at bringing its rules in line with broader national policy goals and rapidly evolving technologies.
Launching New Rules
The FCC drafted its ISAM NOI to address decades-old spectrum allocation rules and licensing requirements that do not account for the number or breadth of activities and materials needed for ISAM missions. In particular, the NOI seeks information on:
The scope of this NOI and a recent, sharp increase in agency staff dedicated to reviewing space-related matters potentially portends a large-scale shake-up of the FCC’s existing space-related rules, especially in the areas of licensing, spectrum allocation, and orbital debris mitigation and remediation that are likely to affect all ISAM missions. Based on prior proceedings, the extent to which ISAM-related entities must assist with orbital debris mitigation and remediation, in particular, is likely to be a hot-button issue yet again and may have a significant impact on the cost of conducting future ISAM missions.
Initial comments will be due 45 days after the NOI is published in the Federal Register, and reply comments will be due 30 days after the initial comment deadline.
[View source.]