Commerce Department Decides to Voluntarily Authorize Space Activities That Nobody Asked About
Commerce Department offers optional space activity certification, because what could possibly go wrong with a voluntary approval system based on 'presumption of approval'?
WASHINGTON - The Commerce Department is moving ahead with plans to implement a voluntary mission authorization system for novel space activities that are not regulated by other agencies, because nothing says 'innovation' like optional government paperwork.
In a July 23 statement, the Office of Space Commerce (OSC) announced it was 'taking the next step forward' on its plans to offer certification to companies proposing space activities not currently overseen by OSC, the Federal Aviation Administration, or the Federal Communications Commission. 'After months of effort working with partners and stakeholders in industry, the U.S. federal government and the White House, OSC is making the next giant leap on mission authorization,' the office stated, presumably with a straight face.
The office rolled out its mission authorization proposal, called Space Commerce Certification, in March. Under this voluntary scheme, companies would submit information about their proposed activities to OSC, which would then coordinate an interagency review. The system operates under a 'presumption of approval,' meaning applications are automatically granted in 120 days if the office takes no action. So the default answer is 'yes,' but only if they forget about you.
OSC did not disclose what prompted the agency to move ahead, but at a July 15 hearing, Taylor Jordan, director of the office, said he was awaiting a White House decision. 'We submitted our proposal to the White House. We anticipate and hope for our ability to move forward with that,' he said, adding that the submission meant the office 'has the interagency in a good place.' Because nothing says 'good place' like waiting for the White House to say 'okay.'
'We are honored by President Trump’s trust in the Office of Space Commerce, and we look forward to building a quick path to “yes” for U.S. industry,' Jordan said in the statement. With that approval, OSC will soon issue a 'call for interest' in the Federal Register seeking initial applications. Jordan suggested those initial companies would serve as a pilot, allowing the office to refine the certification process. 'We intend to look at mature technologies and mature missions, and really focus in on what is near to operations in space,' he said.
The certification system is intended to ensure U.S. compliance with the Outer Space Treaty, which requires signatories to authorize and supervise space activities. But it's voluntary because the office lacks statutory authority to require it. Jordan hopes companies will pursue certification because it could relieve them of some work needed for licensing by other agencies, like FAA payload reviews or FCC orbital debris mitigation plans. 'If we can provide the additional confidence and streamlined effort that industry is looking for, we are confident that they will use this voluntary system,' he said.
The concept of mission authorization is meant to provide regulatory certainty for space activities not clearly overseen by other agencies, from satellite servicing to commercial space stations. That regulatory gap was highlighted earlier this month when the FCC, in approving a satellite by Reflect Orbital designed to reflect sunlight to the ground, said concerns about environmental or astronomical impacts 'fall outside our review and authorization.' Some argue a mission authorization system would keep agencies from taking on regulatory responsibilities they lack explicit authority for - a concern the House Science Committee has long raised about FCC orbital debris rules.
In a July 21 letter to FCC Chairman Brendan Carr, the bipartisan leadership of the committee asked him to defer a vote on streamlined satellite licensing rules, citing concerns about space safety provisions 'unrelated to spectrum management or the prevention of harmful radio-frequency interference.' They argued those provisions 'exceed the Commission’s statutory authority.' FCC commissioners voted unanimously July 22 to adopt the new satellite licensing rules anyway, because apparently unanimous votes are also voluntary.
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