Clearing the Path to Orbit: How the U.S. Plans to Unlock the Next Era of Commercial Space
U.S. OFFICE OF SPACE COMMERCE’S GABRIEL SWINEY OUTLINES BOLD REGULATORY REFORMS TO UNLOCK AMERICA’S NEXT WAVE OF SPACE INNOVATION AT SPACENEXT 2026
At spaceNEXT 2026, Gabriel Swiney, Director of Policy, Advocacy, and International Affairs at the U.S. Office of Space Commerce, delivered one of the most policy-significant keynotes of the conference—laying out a clear plan to resolve a decade-long regulatory gap that has constrained emerging commercial space activities.
Speaking in The Vault at Capital One Hall, Swiney offered both a primer on the Office of Space Commerce’s expanding role within the Department of Commerce and a preview of a potentially transformative proposal aimed at modernizing U.S. space regulation for novel activities beyond traditional satellite communications and Earth imaging.
His message was direct: the United States must update its licensing framework—or risk slowing the very innovation it seeks to lead.
A Growing Role for the Office of Space Commerce
Swiney began by clarifying the Office of Space Commerce’s three core missions.
First, the office regulates the commercial remote sensing industry through its Commercial Remote Sensing Regulatory Affairs division. Companies that launch satellites to image the Earth must obtain licenses from Commerce—ensuring national security protections and safeguarding broader U.S. interests.
Second—and most significantly in terms of staffing and budget—the office now leads the federal government’s public-facing space situational awareness (SSA) mission. In recent years, responsibility for providing SSA data to commercial operators and foreign governments has transitioned from the Department of Defense to Commerce. The result is the fully operational Traffic Coordination System for Space (TraCSS)—the U.S. government’s new civilian platform for tracking satellites and managing space traffic.
With most active satellites already onboarded and additional operators joining regularly, TraCSS represents a structural shift in how the U.S. supports safe and sustainable orbital operations.
But it was Swiney’s third mission area—policy advocacy—that formed the heart of his address.
The Voice of Industry Inside Government
Swiney described the Office of Space Commerce as “the voice of the private sector inside the U.S. government.”
His team works across agencies and internationally to identify regulatory barriers, advocate for export control reform, harmonize licensing frameworks, and ensure U.S. companies remain competitive in global markets.
One major focus: the proposed European Union Space Act, a sweeping effort to unify space regulations across EU member states. If enacted, U.S. companies operating in Europe would need to comply with its provisions. Swiney confirmed that Commerce is actively engaged—alongside the State Department—in ongoing negotiations to ensure U.S. industry maintains access to European markets without facing restrictive or duplicative requirements.
However, the most urgent policy issue lies closer to home.
The “Mission Authorization” Gap
For decades, U.S. commercial space regulation has revolved around two dominant business models:
Telecommunications (licensed by the FCC)
Earth imaging (licensed by Commerce)
That framework has served the country well. Telecommunications—from satellite television to low-Earth orbit broadband constellations—has flourished. Remote sensing is thriving.
But the commercial space landscape has changed dramatically.
Today’s companies are pursuing activities that do not fit neatly into existing categories, including:
Satellite servicing and rendezvous operations
In-space manufacturing
Lunar surface operations
Asteroid and lunar resource extraction
Optical (non-radio frequency) communications
Space-based data centers
High-powered laser systems
Space nuclear technologies
“These activities don’t fall into traditional telecom or Earth imaging buckets,” Swiney explained. “And the U.S. government doesn’t currently have a clear way to say yes.”
The absence of regulatory clarity creates cascading challenges. Investors cannot evaluate risk. Insurers hesitate. Companies struggle to demonstrate compliance pathways. While the FCC, FAA, and Commerce each regulate specific components of space activity—launch, reentry, spectrum use—none has comprehensive authority over many emerging mission profiles.
Congress has attempted for years to fill this “mission authorization” gap. Those efforts have repeatedly stalled.
A New Proposal: Light-Touch Certification
In August, the Administration directed the Department of Commerce—and specifically the Office of Space Commerce—to develop a solution.
Swiney revealed that the office is finalizing a proposal for a new certification framework that would provide a streamlined, light-touch regulatory pathway for novel space activities.
The concept is straightforward:
Companies pursuing activities not covered by existing licensing systems would submit an application to Commerce. In exchange for certification, they would commit to baseline safeguards designed to protect U.S. national security, government space operations, and overall orbital safety.
After limited due diligence and interagency consultation, certification would be granted automatically unless a clear national security concern emerges within a defined timeframe.
Crucially, this certification could then be used to satisfy portions of other regulatory reviews—such as FAA payload review or certain FCC compliance obligations—reducing duplication and administrative friction.
The intended result: a de facto “single-stop shop” for novel mission authorization.
Swiney emphasized that the system would be flexible and developed in close coordination with industry and interagency partners.
“Our job in government should not be the reason these activities don’t happen,” he said. “Policy is something we can fix.”
Removing Barriers to Innovation
The stakes are high.
The United States has led commercial space development for decades. But leadership depends not only on engineering and capital—it depends on regulatory agility.
Without reform, outdated licensing structures could slow the very sectors driving the next wave of growth.
Swiney framed the challenge clearly: the U.S. may be a “victim of its own success,” having built legacy systems around older business models. Now those systems must evolve.
If approved, the mission authorization framework would represent the most significant structural change to U.S. commercial space policy in years—offering clarity to investors, insurers, and operators pursuing next-generation capabilities.
Policy as an Enabler, Not an Obstacle
Swiney closed with a principle that resonated throughout spaceNEXT 2026:
Innovation should rise or fall on its technical and commercial merits—not on regulatory ambiguity.
As the new space economy expands into lunar operations, orbital manufacturing, advanced communications, and sustainable infrastructure, modern policy frameworks will determine whether the United States maintains its leadership position.
At spaceNEXT, where industry, government, and investors converge, Swiney’s message was clear:
The mission authorization problem can be solved—and solving it may unlock the next decade of American space innovation.
