Key takeaways: The U.S. Office of Space Commerce (“OSC”) has released a proposal for streamlining regulatory approval of novel commercial space activities. The process includes a presumption of approval with denial only for a delimited list of reasons. Example novel activities include in-space manufacturing, orbital computing, satellite servicing, lunar operations, and commercial inhabitable stations. Applications may not be kept confidential, so participants should consider IP protection strategies prior to applying. The process is just a proposal for now, with opportunity for feedback from stakeholders.
Background
The U.S. Office of Space Commerce (“OSC”) released its Updated “Mission Authorization” Proposal (“Proposal”) in March 2026 that aims to streamline the regulatory approval process for novel commercial space activities that fall outside the existing regulatory framework. Example activities include in-space manufacturing, orbital computing, satellite servicing, lunar operations, and commercial inhabitable stations.
Under the current regulatory process, the OSC, the Federal Communications Commission (“FCC”), and the Federal Aviation Administration (“FAA”) are each responsible for regulating different aspects of commercial space activities and companies seeking authorization for space activities must apply for licenses from each regulator independently. However, some novel commercial space activities do not fit cleanly within the existing regulations. This leads to uncertainty within the industry about how the U.S. government would authorize and supervise these novel activities.
Executive Order 14335 directed the Department of Commerce to propose a mission authorization process specifically tailored to novel space activities. The intent of the Order is to ensure that the regulatory framework does not overly hinder innovation. The OSC is thus proposing the development of an OSC-administered “Space Commerce Certification” that would coordinate and streamline the Federal Government’s review of commercial space activities.
Application and Timing
Under the OSC’s proposed process, industrial operators will submit an application to the OSC that outlines the proposed operations. The operational information that must be included in the application includes the date and location of launches, a description of the physical form and composition of the space objects, a description of the activities that will be performed, the timing of when the activities will be performed, and the location where the activities will take place. The applicant will also be required to agree to notify the OSC of any material changes to the certified activities, to attest that they will comply with the Certification’s various requirements, and attest that the space objects are not weapons and do not carry nuclear weapons or other weapons of mass destruction.
Upon receipt of the application, the OSC will coordinate review of the application and circulate it to the various other regulatory agencies for them to identify any concerns. The agencies will have 30 days to review the application and notify the OSC of any concerns, but they may extend this time if necessary. The OSC will have a total of 120 days to review the application and either grant or deny the certification, but this timeline may be extended up to a maximum of 180 days in some circumstances.
Approval Process
The OSC’s Proposal indicates that the Certification process will have a presumption of approval and that an application will only be denied for a limited number of reasons. Listed reasons include lack of compliance with Certification requirements, potential for harm to national security interests, potential to cause the U.S. to violate international obligations and/or negatively impact foreign relations, and safety.
However, the Proposal does not identify the specific requirements or criteria that it will use in its evaluation of an application. Instead, the Proposal indicates that the Certification scheme be implemented by opening the process to all eligible novel space activities, selectively choosing applications that are critical to industry and government interests, and then collaborating with the applicants to identify general requirements that are likely to be applicable for all novel space activities.
The Proposal also contemplates using the experience gained through processing applications related to specific activities to identify additional requirements that are likely necessary for future applicants wishing to engage in those same (or similar) activities. The existing regulators at the FAA, the FCC, and the OSC would also be invited to participate in these reviews so that they can provide insight about emerging industry standards and suggestions for requirements for the Certification schemes. The regulators may also leverage aspects of the Space Commerce Certification in their own review and authorization processes (e.g., by accepting certification to satisfy some or all of their requirements or waiving/modifying some of their requirements and/or licensing regimes when applied to novel space activities).
The Proposal indicates that applicants will have the ability to appeal or reapply if their application is denied. It provides a framework for the regulatory agencies to work together to resolve any disputes they have about a given application. Finally, the Proposal further indicates that the operators are to be subject to continued supervision and monitoring after the Certification is issued to ensure that they are complying with the Certification’s requirements. This review process is intended to ensure continued oversight and compliance without being obtrusive and unnecessarily burdensome on the certified operators.
Confidential Information and IP
The Proposal does not indicate how the OSC and other regulatory agencies will handle confidential information. It does suggest that applicants identify any information in the application that would be improper for public disclosure due to trade secret or export control restrictions. This suggests that at least a portion of the application could be publicly disclosed at some point during (or after) the certification process.
Participants should therefore consider the intellectual property implications of submitting an application to the OSC. Any public disclosures could adversely impact the participant’s ability to obtain a patent on those features and/or designs in both the U.S. and in other countries. Participants should consider filing patent applications related to their planned space operations and/or space objects prior to applying for the certification.
Current Status and Feedback
The Space Commerce Certification has only recently been proposed and the OSC is not yet accepting applications. However, the OSC is seeking input and feedback on the proposed Space Commerce Certification and the certification process and any stakeholders are invited to contact OSC via email at Space.Commerce@noaa.gov with a subject line of “Feedback – Mission Authorization Proposal.”
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