Trump and Carr Seen Clarifying Space Rules, Streamlining Licensing and Novel Missions

The next FCC and Trump administration will place a major focus on deregulation of commercial space activities and streamlining the approvals processes, space policy experts tell us. In addition, some expect long-awaited clarity on what agency oversees novel space missions like in-orbit servicing, assembly and manufacturing, or asteroid mining. Moreover, the experts anticipate increased openness about the use of satellite communications in federal programs fighting the digital divide.

Incoming FCC Chairman Brendan Carr has said faster licensing and permitting of commercial space operations will be a priority (see 2411210028). His office didn't comment for this story.

Satellite Industry Association (SIA) President Tom Stroup said a policy shift that would include satellites becoming a qualified provider of broadband for federally funded programs is likely. The Biden administration effectively excluded satellite use, and there needs to be "an honest discussion" about the sector's potential role, space lawyer Jim Dunstan said.

Space policy is often relatively consistent from administration to administration, though with some tweaks, said Michelle Hanlon, executive director of the Center for Air and Space Law at the University of Mississippi School of Law. She said that aside from a reduction of regulatory red tape, there also could be a reconciling of agencies' orbital debris policies. Commercial space operators generally would like to see Commerce's Office of Space Commerce as the regulator of novel space activities, as long as it is adequately staffed. But regardless of who has the oversight, the biggest need is a final decision on authority, she said. The Republican trifecta of the White House, the House and Senate could bring a resolution, Hanlon said.

The FCC under Carr might not be as aggressive as it has been on orbital debris regulation, but it won't neglect it altogether, emailed Michael Dodge, University of North Dakota space studies associate professor. He said the space industry likely sees Carr as friendly toward its goals.

Summit Ridge Group's Armand Musey emailed that it's hard to overstate SpaceX's impact on the commercial space sector, and its progress will likely dominate most investment decisions. He said private investors will be wary of investing against SpaceX and its Starlink system; however, governments will back competitors as they desire other solutions. He said Carr's seeming openness toward allowing satellite participation in broadband access programs like BEAD and the rural digital opportunity fund will benefit Starlink, but also Viasat and the industry broadly.

At SpaceX's urging, Carr is also likely more open than Democrats to increases in power levels for non-geostationary orbit satellite systems, Musey predicted. That could benefit direct-to-device operators, including Starlink, but also AST SpaceMobile, Globalstar and Lynk, he said. M&As under Carr and a Republican DOJ could be somewhat looser for space-related deals, and larger transactions might face fewer conditions, he added.

SIA's Stroup said there's a concern that efforts at slashing the federal workforce could result in fewer people at regulatory agencies processing applications and giving approvals or, at NTIA, coordinating spectrum use between non-federal and federal users.

With regulations seemingly slowing the commercial space industry's pace somewhat, the incoming administration will be keen on reducing regulations around commercial launch and spectrum use, said Commercial Spaceflight Federation President Dave Cavossa. He predicted the administration will focus on tackling the FAA's launch licensing and its Part 450 launch rules.

Cavossa said one industry concern is that the new administration won't dramatically change funding for existing programs, "that it's not throwing everything out and starting from scratch." Indeed, he advocates a "stable, long-term focus" on programs such as DOD's Proliferated Warfighter plan to incorporate commercial capabilities into a defense satcom network.

While Dunstan acknowledges Carr has said space is a priority, he said industry isn't in need of rulemakings as much as processing applications quicker and making applications more standardized. Satellite licenses often come with various conditions; those conditions should be more uniform, he said. Congress also needs to set definitive expectations about regulatory agencies' parameters and authority concerning space, eliminating overlap and competition among agencies, he said.

SpaceX CEO Elon Musk's friendly relationship with President-elect Donald Trump and Carr could benefit commercial space operators broadly, but it's also raising eyebrows, sources agree. Musk's role as co-head of Trump's Department of Government Efficiency advisory committee will provide him with considerable influence, "and people will wonder where the lines might blur between a business seeking governmental approvals, and an advisor seeking benefits for his business," Dodge said.

For Cavossa, "Anytime the president ... is talking about space and is going to launches of experimental spacecraft and talking about the commercial space industry … that’s good." That type of attention is not the norm for every presidential administration, he said. The incoming Trump administration talking about space “is awesome for our industry."

Hanlon said SpaceX could induce grumbling when it receives approvals or contracts, but the fact is that SpaceX is doing the most advanced work in space currently. While Musk has a vision of humanity on Mars, that shouldn't be allowed to supersede U.S. plans of returning to the moon, Hanlon argued. The first Trump administration introduced the nonbinding Artemis Accords, crafting norms for exploration of the moon, Mars and elsewhere, and they are playing a notable role in space diplomacy and stability, she added.