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Industry bullish on DoC draft license process for novel space activities – Breaking Defense

WASHINGTON

US
commercial
space
firms
are
by
and
large
welcoming
a

Commerce
Department
proposal

for
a
one-stop
licensing
shop
for
currently
unregulated
operations,
including
a
number
of
new
missions

such
as
on-orbit
refueling,
satellite
repair
and
close-up
inspections

that
the
Space
Force
hopes
to
be
able
to
at
least
partially
outsource
to
commercial
firms
in
the
future.

“For
years,
the
space
industry
has
discussed
the
uncertainty
facing
companies
seeking
government
approval
of
new
activities
in
space

a
loophole
that
left
no
federal
agency
with
clear
authority
to
authorize
commercial
space
operations
like
in-space
manufacturing
or
space-based
power
generation,”
president
of
the
Commercial
Space
Foundation
Dave
Cavossa
told
Breaking
Defense.
The
Department
of
Commerce
proposal
closes
the
loophole
by
setting
up
a
voluntary
framework
bound
by
deadlines
for
the
government
to
approve
or
deny
an
activity.

“By
providing
a
predictable
and
repeatable
pathway
to
launch,
this
proposal
will
help
the
administration
meet
and
exceed
their
goal
to
attract
at
least
$50
billion
of
new
investment
in
American
space
markets,”
he
added.

“[At]
first
look,
companies
are
happy
about
it,”
another
industry
representative
said.

Eric
Fanning,
president
and
CEO
of
the
Aerospace
Industries
Association,
told
Breaking
Defense
that
“this
is
the
right
moment”
for
moving
out
on
mission
authorization,
and
praised
Commerce
putting
a
focus
on
“safety
and
responsible
operations”
to
support
space
sustainability
over
time.

“As
implementation
moves
forward,
it’s
important
to
have
clear
accountability
across
agencies,
guardrails
against
regulatory
creep,
and
the
predictability
companies
need
to
invest
for
the
long
term.
We
look
forward
to
continuing
to
work
with
the
government
as
the
details
take
shape,”
he
said.

The
draft
Commerce
Department
proposal,
issued
March
24,
was
mandated
by
President
Donald
Trump’s
August
2025

executive
order

on
enhancing
the
competitiveness
of
the
US
commercial
space
sector
on
the
global
market.
It
would
upend
a
proposal
for
a
new
regulatory
regime
for
what
is
known
as

“mission
authorization”

of
novel
space
activities
made
by
the
Biden
administration,
instead
creating
a
voluntary
certification
process,
with
a
presumption
of
approval,
spearheaded
by
its
Office
of
Space
Commerce
for
industry
planning
currently
unregulated
missions.

“Our
proposal
expedites
and
streamlines
today’s
laborious
and
sometimes
duplicative
system
for
regulating
the
commercial
space
industry
with
a
consolidated
space
commerce
certification
process,”
the
Commerce
Department
draft
proposal
states.
Our
new
‘Space
Commerce
Certification’
can
get
companies
to
‘yes’
with
predictability
and
speed,
allowing
them
to
swiftly
explore
new
technologies
and
missions
to
bring
benefits
to
the
American
economy.”

Companies
would
still
require
licenses
from
other
regulatory
bodies

the
Federal
Communications
Commission
that
regulates
use
of
spectrum,
the
Federal
Aviation
Administration
responsible
for
ensuring
spaceflight
safety,
and
Commerce’s
National
Oceanic
and
Atmospheric
Administration
that
licenses
remote
sensing
operations

and
those
bodies
would
still
be
able
to
weigh
in
within
30
days
with
any
objections.

However,
the
Office
of
Space
Commerce
would
be
in
charge
of
coordinating
the
process
and
working
out
any
kinks
with
other
agencies,
with
an
eye
to
issuing
a
certification
within
120
days.

Further,
because
the
plan
is
voluntary,
the
Office
of
Space
Commerce
also
could
“waive
certain
regulatory
requirements
imposed
through
current
regulatory
or
licensing
frameworks.”

That
said,
Clayton
Swope,
deputy
director
of
the
Aerospace
Security
Project
at
the
Center
for
Strategic
and
International
Studies,
said
there
is
a
likelihood
that
some
companies
won’t
see
any
value
to
going
through
the
process.

“It
adds
a
new
layer
of
red
tape
on
top
of
existing
paperwork.
It
would
give
the
interagency
essentially
a
blank
check
to
express
concerns
with
what
innovative
U.S.
companies
are
doing
in
space.
What
happens
if
an
agency
expresses
concerns?
Are
companies
required
to
address
the
concerns?
What
happens
when
[the
Office
of
Space
Commerce]
withholds
a
certification
based
on
interagency
concerns?
Presumably,
the
mission
could
not
go
forward.
What
is
the
benefit
to
a
company
to
volunteer
for
a
process
that
could
kill
its
business
plan?”
he
said.

Further,
he
noted,
although
Commerce
can
grant
such
voluntary
certifications,
it
cannot
actually
impose
any
regulations
without
congressional
authorization

and
the
issue
has
long
been
a

bone
of
contention

on
Capitol
Hill.

“Under
this
plan,
the
process
will
have
no
teeth,”
Swope
said.

A
decision
to
take
the
Commerce
proposed
scheme
to
Congress
for
codification
would
need
to
be
made
by
the
White
House.
And
at
the
moment,
the
industry
representative
said,
the
“White
House
wants
to
hear
industry
feedback
before
they
fully
endorse
the
certification
process.”