There Are Better Ways to Streamline Satellite Licensing
The Federation of American Scientists supports Congress’ ongoing bipartisan efforts to strengthen U.S. leadership with respect to outer space activities, including the Senate’s unanimous passage of the Orbital Sustainability (ORBITS) Act in 2023, and the introduction of the Dark and Quiet Skies Act in 2024 and the Space Exploration Research Act in 2025.
The Satellite and Telecommunications Streamlining Act (S. 3639) aims to address an important issue regarding the streamlining of approvals at the Federal Communications Commission (FCC) for satellite radiofrequency licensing, including expedited reviews for minor modifications and other special cases. However, we are concerned by the “deemed granted” language in S. 3639, particularly with respect to America’s ability to fulfill the authorization and continuing supervision requirements under Article VI of the Outer Space Treaty. The “deemed granted” provision would automatically approve a license if the review period passes without a decision, effectively allowing the FCC to grant radiofrequency licenses without taking action.
The nature of the outer space environment means that space-based systems are capable of causing significant issues with respect to terrestrial activities, from increased cellular interference to degraded weather forecasting capability and impacts to astronomical research. We believe that more responsible measures, like ensuring adequate staffing and performance management at the FCC would achieve a similar objective. We have recently proposed a slate of recommendations in “ASTRA: An American Space Transformation Regulatory Act”, which include consolidating multiple approval processes under a single space regulatory and promotion agency. It also recommended preserving the FCC’s regulatory authority over spectrum issues “(g)iven the significant terrestrial impact of spectrum issues related to space.” We maintain that a streamlined mission authorization process should be the highest priority for commercial space regulatory simplification.
Licensing processes that do not provide sufficient oversight and have significant terrestrial impact are likely to increase the willingness of international partners to deploy additional extraterritorial regulatory requirements, as has happened in other high-tech sectors. Such regulatory regimes have a tendency to dramatically increase the burden on U.S. companies by introducing duplicative or conflicting licensing requirements, making it more difficult for American companies to compete in international markets. As the commercial space sector depends on international market access for profitability, such an outcome must be avoided.
More broadly, the Federation of American Scientists urges more concerted efforts to establish a clear and simplified pathway for space mission authorization and supervision, consistent with the Outer Space Treaty, that maintains the reputation of the United States government and American companies as responsible actors in the outer space environment.
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