[co-author: Ashley Mills]
The U.S. National Space Council (NSC) hosted a second listening session on in-space authorization and supervision policy on November 21, 2022. In this session, NSC encouraged participants to discuss how the U.S. government should authorize and supervise novel space activities, including space-based solar power, in-space refueling, and celestial resource mining, among others.
Thirty-two parties (see below) participated in the second listening session. Speakers stressed the importance of a streamlined licensing process, regulatory flexibility, and clear lines of responsibility for each federal agency. Nearly all speakers supported designation of the Office of Space Commerce in the Department of Commerce as the regulator for novel in-space activities. Other recommendations include –
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establishing a clearinghouse approach to licensing, where the Office of Space Commerce is a “one-stop shop” for novel in-space activities;
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adopting a licensing framework that accounts for U.S. legal commitments under the U.N. Outer Space Treaty, such as acting with due regard for other nations’ activities (Article 9);
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adopting a default presumption of approval for all novel in-space authorization applications;
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increasing transparency in authorization decisions, especially denials, and requiring decisions within a specified timeframe;
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requiring operators to obtain one authorization for a category of operations and then submit mission reports for activities within the scope of that authorization, rather than requiring individual authorizations for each mission;
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updating the commercial remote sensing rules to account for changes in technology and address novel in-space activities;
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enacting light touch regulation, consistent with the Clinton Administration’s approach to the early Internet, to encourage the development of novel in-space activities;
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increasing cooperation and coordination with industry and other nations; and
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refusing to authorize services that allow consumers to send items to the Moon, such as mementos or the ashes of a deceased loved one.
NSC announced a third listening session will occur Thursday, December 15 at 1:00 PM EST to accommodate additional speaker requests. Speakers that present at the listening sessions are eligible for 20-minute one-on-one meetings with NSC representatives to explore these issues further. Interested parties can also submit comments to the NSC’s docket.
A recap from the first listening session appears here.
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Speaker List
[View source.]