Aerospace Corp. researchers in El Segundo have created guidelines to help the Trump administration clear up the cluttered regulatory path faced by commercial space companies in launching new space-exploration projects.
Spaceflight regulations built for government programs are too cumbersome and confusing to accommodate the fast-paced technological changes now fueling the space industry, members of the nonprofit research-and-development firm say.
“Policy is slow to change,” said Jamie Morin, executive director of the Center for Space Policy and Strategy, which produced the report. “The lagging of policy behind technology is what we’re trying to address.”
The study singled out the new low-cost, small satellites that prompted SpaceX, Boeing and other companies to seek federal approval last year from the Federal Communications Commission to launch massive constellations of autonomous, interactive communications satellites.
The FCC approved OneWeb’s proposal to build a broadband network with 720 small satellites in June. But similar proposals have been on hold while regulators work to develop more stringent rules for the new technology.
“One of the biggest open questions is whether the FCC, whose mission typically has little to do with space, should be the agency to enforce orbital debris mitigation police on the burgeoning commercial and private satellite business,” states the report, called Navigating the Policy Compliance Roadmap for Small Satellites.
The new satellites will clutter up low-Earth orbit more than ever, potentially creating a lot more space junk if satellites aren’t promptly removed from orbit when they stop working, the report states.
Managing clutter
The U.S. Air Force tracks thousands of pieces of floating junk so it can predict collisions with satellites and spacecraft because even a tiny piece of metal can pack the punch of a gun when orbiting at thousands of miles per hour.
“With all of these very large-scale constellations on the cusp of going into orbit, choices that we’re making — we, meaning humanity — today, tomorrow and over the next two or three years are going to profoundly shape the orbital environment for decades or centuries,” Morin said.
“The one thing we know is that it’s dramatically cheaper to reduce the probability of a nasty orbital debris environment by making decisions before you launch then after you have something in space.”
Aerospace Corp. is separately studying new ways to prevent and remove space debris, including with a new spacecraft designed to wrap around the trash and drag it down into Earth’s atmosphere to be burned up.
The company also has just introduced a new standardized “launch unit” concept to help private organizations that aren’t used to dealing with spaceflight figure out how to fit their products into rocket fairings.
The approvals process for launches now involves a complicated patchwork of regulatory filings.
While the FCC is in charge of managing orbital debris, satellite operators have to go to the National Oceanic and Atmospheric Administration for approval to take photos of Earth. NOAA oversees remote-sensing imaging satellites that monitor shoreline changes, map coastal erosion, monitor ocean circulation and sea ice, track natural disasters, and chart large-scale wildlife movements.
But federal policy should also be more clear on what actually constitutes “imaging,” or taking pictures, the report states.
“Most satellites have star trackers, which help identify and control spacecraft attitude. These star trackers do contain cameras that could image the Earth, (but) historically star trackers have not been subject to imaging approval,” according to the report. “Anecdotal evidence suggests that may be changing.”
Organizations seeking to launch satellites “will potentially receive conflicting answers from policy staff” now on the issue. The report suggests clarifying such matters without making policy too restrictive.
The Trump administration reconstituted the National Space Council in June, when the American Space Commerce Free Enterprise Act 2017 was introduced to Congress. The proposed law would consolidate commercial-space operations licenses under the U.S. Department of Commerce, including management of orbital debris and imaging.
The report, released Wednesday, encourages moving functions handled by the FCC and NOAA under one agency, such as the Commerce Department.
“Our policies were all written back when only governmental agencies were launching spacecraft and they owned both the spacecraft and the launch vehicles,” said Barbara Braun, an author of the report and systems director of the center’s Space Innovation Directorate. “These days, you’re more likely to see missions where there’s a rocket with a commercial satellite on top and a bunch of adapters and smaller satellites attached, some of which are owned by the military, some owned by NASA, commercial agencies, universities and even high schools.”
Who is in charge of satellites?
All the new players in space business and research missions aren’t versed in the complicated approvals processes now required.
A crucial first step for regulators, the report says, is clarifying how ownership of satellites is determined.
The Federal Aviation Administration issues launch licenses, and therefore controls satellites before they leave Earth but, once they’re in orbit, ownership reverts to the machine’s owner.
Currently, some satellites fall into gray areas. For example, rules for a NASA satellite launched on a military rocket are determined by NASA — the owner. Likewise, a military satellite launched by SpaceX or another commercial company has to comply with Department of Defense operational rules.
But sometimes that’s not the case, creating concerns about who actually has the ability to pull a problematic satellite out of orbit.
“For example, the Space Test Program frequently arranges for the launch of university satellites sponsored by the DoD Space Experiments Review Board,” the report states. “Although sponsored by the DoD, ownership and control of the satellite remain with the universities. Also needed are discussions about other ‘special cases,’ such as civil government satellites.”
The Commerce Department is now seeking public input on the best ways to facilitate commercial space operations.
The Aerospace Corp. report also highlights concerns about ambiguous rules on spectrum use for various operators of communications satellites, and suggests a single office handle all requests.
Even more complex are global national-security concerns with new space technologies.
“The (military) and intelligence community are really grappling with some tough issues surrounding a transition of space from a domain largely of sanctuary, to one where they see a continual challenge of contestation from potential adversaries. That’s a major area that we’re working on,” Morin said.
“We operate in a world where nations are responsible for space activity that comes out of their territory, and they all have policies that say what you can and cannot do.”