Novel space capabilities, authorization, and supervision (Part 3)

Hogan Lovells
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Hogan Lovells

[co-author: Érida Tosini-Corea]

The U.S. National Space Council (NSC) hosted a third listening session on in-space authorization and supervision policy on December 15, 2022. In this session, NSC encouraged participants to continue discussing how the U.S. government should authorize and supervise private sector space activity.

Thirteen parties (see below) spoke in the third listening session. Speakers stressed the importance of a streamlined licensing process, a light-touch regulatory approach, flexibility, and clear lines of responsibility for each federal agency. Most 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 –

  • establishing a clearinghouse approach to licensing, where the Office of Space Commerce is a “one-stop shop” for novel in-space activities;

  • 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;

  • adopting a default presumption of approval for all novel in-space authorization applications;

  • increasing transparency in authorization decisions, especially denials, and requiring decisions within a specified timeframe;

  • enacting light-touch regulation to encourage the development of commercial in-space activities;

  • increasing cooperation and coordination with industry and other nations;

  • establishing a clear framework and standards for liability for in-space activity, including adopting a negligence standard for in-space activity;

  • conforming the U.S. frequency allocation to the international allocation for radionavigation-satellite service;

  • codifying best efforts by industry leaders to mitigate negative impacts for on-the-ground astronomy research by third-party mass deployed satellites; and

  • prioritizing sustainability by promoting reusable rocket parts, sustainable fuels, and mitigating orbital debris.

Written comment submissions are now due Thursday, December 22 in the NSC’s docket.

* * *

Speaker List

Antonino Salmeri – Open Lunar Foundation
Christina Youn – Xona Space
Richard Green – American Astronomical Society
Devon Papandrew – STOKE Space Technologies
Isaiah Wonnenberg – Commercial Spaceflight Federation
Mike French – Aerospace Industries Association
Valentin Eder – Space Analyses
Joel Graham – Meeks, Butera & Israel PLLC
Caroline Kehrli – ­HawkEye 360
Rebecca Van Burken – Voyager Space
John Bucknell – Virtus Solis: Space Solar Power
Chris Hearsey – Rogue Space Systems Corp
James Muncy – PoliSpace

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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