Experts Call for Better Interagency Coordination on US Space Policy

The U.S. regulatory system works but "should work a hell of a lot better," with more clarity about what offices to go to for approvals and how their approval processes work, said space consultant Caryn Schenewerk. The amount of time required to go through the regulatory process is "an unacceptable state of affairs." While some agencies, such as the FCC and Commerce and Transportation departments, are getting better, they're "not all pulling in the same way" as they make improvements.

Minh Nguyen, the FAA's deputy associate administrator of commercial space transportation, said the world has seen many safe space launches in the U.S. and “knows the system works,” with nations adopting U.S.-like launch rules. However, he added, there needs to be interoperability across agencies and less duplication, since duplicative requirements don't enhance safety.

The event included lengthy discussions about the need for, and routes to, a cohesive space policy and regulatory approach across the Western Hemisphere. But a hurdle to accomplishing that is the lack of a venue to have conversations about space policy priorities, said Jennifer Warren, Lockheed Martin's vice president of global regulatory affairs and public policy. An exclusive space policy venue may not be necessary, she said, given the existence of the Inter-American Telecommunication Commission (CITEL). But CITEL has so far focused on technical discussions like spectrum use, and space policy may not be within its mandate, Warren noted. At the same time, it has succeeded in helping create regional spectrum policies, she said.

U.N. Office for Outer Space Affairs (UNOOSA) Director Aarti Holla-Maini said there's a general sense of urgency surrounding space sustainability issues, but it's not clear how to get a handle on all the various issues that space sustainability encompasses. Lack of trust is a major obstacle, she argued. Companies that try to contact China about a possible near-miss with a Chinese satellite are often met with silence, as the Chinese government isn't used to engaging with private, foreign companies and distrusts those companies' claims about the possible conjunction event, Holla-Maini said. CSF's Brown said government-to-government conversations are easier than operator-to-government ones, and the U.S. has a role to play there.

Holla-Maini added that if UNOOSA's long-term sustainability guidelines were implemented, space would be far safer -- but space regulators aren't being asked to implement those guidelines.

Brazilian National Telecommunications Agency President Carlos Baigorri expressed concern that more developed space-faring nations are essentially claiming orbits, which could squeeze out less developed nations when they eventually try to access space. Orbits could end up overexploited before developing nations can use them, and there need to be common conditions that allow orbital sharing, he said. ITU also needs to be more active in space sustainability activities, Baigorri added.

However, Richard Womersley, spectrum manager at the Cayman Islands’ utility regulation and competition office, cautioned about confusion that could arise from having too many parties involved in space sustainability oversight. UNOOSA has a fundamental role, he said, and ITU implementing rules to address sustainability would be a positive, but there's a risk that operators will have to go to a parade of organizations to get licensed.

Mindel De La Torre, Skylo Technologies' head of global regulatory affairs, said the direct-to-device company has so far found “a very welcoming” regulatory environment across Latin American nations. They all see the benefits of D2D service, though each country has its own approach, she said.

Kalpak Gude, head of global regulatory affairs for Amazon Leo, said it's a challenge that some nations have rules regimes heavily focused on geostationary orbit satellites.

Carolyn Mahoney, an FCC Space Bureau lawyer, said the agency is trying to make a predictable and reliable regulatory process in its rules modernization efforts. The regulatory process shouldn't be the chief holdup in launching, she said.

Mahoney added that the agency faces challenges from the range of technologies being employed and the range of mission goals, as well as figuring out where an application fits in its licensing process.

Juan Ozores, president of the National Communications and Media Regulator of Argentina, said the nation “is catching up” so its regulations and processes facilitate business. While it's an advantage to be able to follow the best practices of others, he said, it's difficult to keep up with the fast-moving satellite sector.

Industry knows its interests are best served by operating safely in space, Brown said. "A bad day in space has huge financial consequences." She said Commerce needs to continue offering a basic, free space traffic coordination service. While lots of companies buy commercial space situational awareness data, small companies and universities can present a concern.

Isabelle Mauro, director general of GSOA, formerly the Global Satellite Operators Association, said the world's space regulatory bodies need to beef up their technical understanding capabilities. "This is not a simple industry."

Juan Caro, deputy assistant secretary for international and space affairs at NOAA, said the U.S. wants to build more of a business/technology relationship, rather than a foreign aid relationship. NOAA's sharing of data and expertise with its European counterpart, Eumetsat, is an example of that "business-like relationship."

Partner nations must focus on the problems they want to tackle using space, such as weather monitoring, rather than on developing sovereign space capability, said Caro. He pointed to some African nations that are looking at spending big sums on sovereign space capability when it would be far cheaper to buy the space service from, for example, a U.S. company. Western Hemisphere nations need to avoid that trap of making a deal with China, he added.

Seminar Notebook

Asked about low earth orbit constellations' interference with astronomical observations, Brown said space companies are generally “run by space and science nerds” and very willing to make design or operational changes to mitigate that interference. There’s concern about the EU Space Act’s regulation of design to minimize that visual interference, as the terms of the legislation may not be technically feasible, she said.

Brazil’s first commercial space launch will be later this month, with a South Korean company using its facilities to put up a satellite, said Marco Chamon, president of the Brazilian Space Agency. The country is trying to lead space activity in South America and promote a space economy, he said. It intends “to be a relevant player” in global space activity. He noted that space legislation adopted in 2024 in Brazil opens the door to private spaceports, and now there’s potential private-sector interest in one outside Rio de Janeiro. Brazil has long partnered with China on earth observation satellites and is planning a similar partnership with Argentina, he added. With the U.S. and China both moving toward lunar bases, Brazil is also trying to develop space agriculture expertise and interest agricultural companies in doing R&D on crops in space, he said.