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Akin Space Law, Regulation and Policy Update

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Space Law, Regulation and Policy Update

Good Afternoon!

In space, it is increasingly not just about what capabilities countries have, but who controls them. In Washington, lawmakers are pressing the Pentagon to expand Starshield support for Ukraine, and the U.S. Space Force seeks to integrate more commercial technology into its satellite-control networks and battle-management software. NASA, meanwhile, is keeping both SpaceX and Blue Origin in contention for the first crewed Artemis lunar landing as it works toward a 2028 return to the Moon.

The same questions are playing out internationally. Ukraine is exploring a sovereign satellite communications capability with ICEYE and Nokia, while increasingly contested activity on orbit is putting new attention on Russian and Chinese proximity operations and the norms surrounding them.

All this and more in this edition of Akin’s Space Law, Regulation and Policy Update.

Akin Spotlight

Akin is hosting a webinar on November 10 on the FCC's sweeping Report and Order to modernize its satellite and earth station rules, replacing the old Part 25 rules that required individualized review of each satellite application with a new “licensing assembly line” approach that relies on performance-based standards and certifications, and moving towards nationwide non-site licensing for earth stations.

Jon Markman, former Acting Chief of the Satellite Programs and Policy Division of the FCC’s Space Bureau, and Sean Conway, former Deputy Chief Counsel of the National Telecommunications and Information Administration, who will walk through the new rules and what they mean for the next chapter in the U.S. space industry.

Register Here

In the White House/Executive Branch
Articles and Quotes
Space Force Seeks Commercial Tech to Modernize Data Networks and Software (SpaceNews)
The U.S. Space Force is opening its satellite-control networks and battle-management software to more commercial vendors, creating opportunities for companies offering connectivity, computing and antenna services. Its proposed Autonomous Tactical Fabric would connect systems that currently operate largely independently and could improve information sharing among the 10 nations in the Combined Space Operations initiative. Space Systems Command is seeking industry input on flexible contracting models, including public-private partnerships, while exploring leased and shared commercial antennas through its restarted Satellite Communications Augmentation Resource (SCAR) program. Congressional funding cuts and continuing-resolution restrictions could slow these plans.
NASA, Agriculture Department Partner on Space Data Sharing (Payload Space)
On October 24, 2026, National Aeronautics and Space Administration (NASA) and the U.S. Department of Agriculture (USDA) signed a Memorandum of Understanding (MoU) to work together on Earth observation (EO) and geospatial analytics, with the aim of improving the data available to American farmers; NASA Administrator Jared Isaacman and Secretary of Agriculture Brooke Rollins signed the agreement at the University of Alabama in Tuscaloosa, the latest stop on NASA’s Inspiration Tour. The MoU builds on the agencies’ existing partnership and covers joint remote sensing science, better integration of geospatial data, alignment of NASA’s work with agricultural needs, and improved monitoring of crops, droughts and natural disasters. This is the second interagency agreement NASA has signed in October 2026, following an October 8, 2026 memorandum with the Department of Energy to speed up cooperation on space nuclear power and propulsion, including designing, building, testing and deploying nuclear systems and fuel for use in orbit.
US Announces $5 Million Space Partnership Initiative at Vienna Forum (Journal of Space Commerce)
The State Department awarded a $5 million grant to implement Project Constellation, an initiative supporting the U.S. Mission to International Organizations in Vienna (UNVIE) aimed at strengthening international space cooperation and building capacity in emerging space economies. Led by the Commercial Space Federation in partnership with Meridian International and SPACEAIMS, the initiative will connect U.S. companies, researchers and space experts with international partners through commercial diplomacy, fellowships, pitch competitions, study tours and cooperation on the safe exploration and use of space. Project Constellation will also support engagement on regulatory alignment, space law and policy, workforce development and entrepreneurship.
NASA Says Artemis Program Adjustments Improve Shot at 2028 Moon Landing (CBS News)
NASA is hedging its bets on America’s return to the Moon. On October 23, 2026, the agency announced that it will wait for test results before choosing whether SpaceX or Blue Origin will build the lander for the first crewed Artemis landing, targeted for 2028. Keeping both companies in contention gives NASA a backup if either encounters technical problems or supply-chain delays, rather than tying the mission to a single provider. Before astronauts head to the Moon, NASA will hold a dress rehearsal closer to home; during Artemis III in 2027, four astronauts will launch into Earth orbit and practice docking their Orion capsule with test versions of both companies’ landers. Each lander must then complete an uncrewed trial run before astronauts attempt a landing near the Moon’s south pole on Artemis IV. The plan is central to the Trump administration’s goal of establishing a Moon base and to keeping the United States ahead of China, which is aiming for a crewed lunar landing by 2030.
On the Hill
Articles and Quotes
Lawmakers Launch Bipartisan Military Range and Test Facility Caucus (Military Times)
Rep. Vince Fong (R-CA), alongside Reps. Ken Calvert (R-CA), George Whitesides (D-CA) and Gabe Vasquez (D-NM), launched the bipartisan Congressional Military Range and Test Facility Caucus to raise awareness of the role military ranges and test facilities play in research, technology development and testing. The caucus aims to build congressional support for federal investment in range infrastructure, land and workforce and includes Reps. Jay Obernolte (R-CA), Julia Brownley (D-CA) and Mike Haridopolos (R-FL). The effort comes as the military explores greater industry access to test ranges to accelerate testing and development of emerging defense technologies.

Lawmakers Urge Pentagon to Expand Starshield Support for Ukraine (Yahoo News)
A bipartisan, bicameral group of lawmakers urged Defense Secretary Pete Hegseth and the Pentagon to expand the Starshield contract and restore Ukraine’s access to Starlink and Starshield satellite communications without speed restrictions. The lawmakers argued that Ukrainian forces rely on the services for command and control, intelligence sharing, battlefield communications and unmanned systems, and called for uninterrupted service as Ukraine transitions from commercial Starlink to the government-run Starshield program. They also urged the Pentagon to consider using authorities under the Defense Production Act to prioritize government orders and argued that decisions affecting service availability, coverage and performance should not rest solely with a private provider when they affect Ukraine’s defense.

Tennessee Delegation Backs State Bid for U.S. Space Academy (Press Release)
Rep. Matt Van Epps (R-TN), Sens. Marsha Blackburn (R-TN) and Bill Hagerty (R-TN), and Rep. Scott DesJarlais (R-TN), alongside Tennessee Gov. Bill Lee (R), announced their effort to locate the proposed U.S. Space Academy in Tennessee. The officials highlighted the state’s aerospace and defense infrastructure, including Arnold Air Force Base, Oak Ridge National Laboratory and the University of Tennessee Space Institute, as well as its workforce and academic capabilities. The effort follows President Trump’s Executive Order “Establishing the U.S. Space Academy,” which is intended to educate students pursuing careers in the U.S. Space Force, NASA and commercial space industry. Tennessee joins several states competing to host the U.S. Space Academy, with officials from Alabama, Idaho, Indiana, Louisiana, Florida and Texas also making the case for locating the academy in their states.
Introduced Legislation & Legislative Updates

Rep. Pat Harrigan (R-NC) introduced the AI Cyber Defense Act (H.R. 10873), which would require the National Institute of Standards and Technology to develop voluntary standards and best practices to detect and prevent artificial intelligence (AI) distillation attacks and strengthen the defensive use of AI in cybersecurity.

Rep. William Keating introduced the Fast Tracking European Investment in Ukraine’s Defense Act (H.R. 10912), which would amend the Arms Export Control Act to address third party transfers of certain defense articles for Ukraine.

Rep. Rich McCormick (R-GA) introduced the Common-Sense Cloud Security Act (H.R. 10915), which would require the National Institute of Standards and Technology to develop updated standards, methodologies and recommendations to strengthen the cybersecurity of cloud-based infrastructure.

Rep. Jimmy Panetta introduced the Wildfire Emergency Act of 2026 (H.R. 10917), which would direct the Secretary of Agriculture to select and implement landscape-scale forest restoration projects, to assist communities in increasing their resilience to wildfire.

Please find our Space Legislation Tracker here.
Recent and Upcoming Congressional Hearings
(November 2, 2026 - November 20, 2026)

No new hearings noticed.
International
Articles & Quotes

US Intelligence Report Publishes Clear Image of China’s Secretive Spaceplane (SpaceNews)
The Defense Intelligence Agency’s (DIA) Challenges to Security in Space 2026 report, released October 26, includes the first clear image of China’s secretive reusable spaceplane in orbit. DIA says the vehicle, often called “Shenlong,” has repeatedly carried out rendezvous and proximity operations (RPOs), including coming within 100 meters of a companion satellite in 2022. It is now about 263 days into its fourth mission, while Beijing has said only that the program supports “the peaceful use of space.” DIA groups the spaceplane with China’s wider proximity and on-orbit servicing capabilities, including close approaches to other nations’ geostationary satellites and refueling tests in geosynchronous orbit. The release also reflects a growing practice of states and commercial operators publishing “non-Earth imagery” of each other’s assets in orbit, which is increasingly relevant to commercial remote-sensing operators and to developing norms for RPOs and space situational awareness.
‘The West Can’t Stop Me’: Space Wars Heat Up as Russia Tails a Ukraine-Linked US Satellite (Defense News)
The United States formally accused Russia at the United Nations of deliberately moving its military satellite Cosmos 2612 “dangerously” close to ICEYE-X36, a U.S.-registered radar satellite operated by the American arm of Finnish company ICEYE, which supplies imagery to Ukraine’s military. The Russian satellite spent more than two weeks maneuvering toward its target before shadowing it from as close as a third of a mile through the weekend of October 17, 2026. Former NASA astrophysicist Jonathan McDowell called it likely the first rendezvous in low Earth orbit between two active satellites without one owner’s approval. U.S. Undersecretary of State Thomas G. DiNanno described the activity as “behaviors consistent with on-orbit weapons operations,” and officials vowed to defend American interests in space, while analysts at the Center for Strategic and International Studies noted that Cosmos 2612 began pulling back on Oct. 18, two days after President Trump signed an executive order waiving tariffs and most economic restrictions on Russia. For commercial operators supporting national security missions, such close approaches raise questions about satellite protection and how governments assess and respond to potentially hostile maneuvers in the absence of internationally recognized standards.
Japan Launches Ambitious Robotic Mission to Land on Martian Moon Phobos, Return Samples to Earth (CBS News)
Japan’s space agency, JAXA, has launched its $350 million Martian Moons eXploration (MMX) mission aboard an H3 rocket from the Tanegashima Space Center. MMX is set to become the first spacecraft ever to return to Earth from the Mars system. The probe is scheduled to enter Mars orbit in September 2027, land a rover built by the German and French space agencies on the moon Phobos in early 2029, and touch down on Phobos around 2030 to collect at least 10 grams of soil using sampling devices from JAXA and NASA. The samples are due back in 2031 in a capsule that will re-enter over Australia, and an international research team will use them to determine whether Phobos is a captured asteroid or debris from an ancient impact on Mars. Beyond its scientific goals, MMX brings several countries together to return samples to Earth and assess whether Phobos could serve as a base for future astronaut missions.
The UK Has Finally Nailed the Vocabulary of Orbital Warfare. Now It Needs a Playbook (SpaceNews)
The UK has elevated space to a warfighting domain alongside land, sea and air, but translating that commitment into an operational plan remains a key policy challenge. Its Defense Investment Plan earmarked more than £3 billion ($4 billion) for space over four years, including offensive and defensive capabilities. The UK Space Strategy, published in September 2026, prioritized defense and national security, while the newly announced No. 3 Space Effects Squadron will be the country’s first unit dedicated to the Control of Space mission. The next policy question is how those investments and capabilities should be used. A proposed space operating concept similar to the Army’s Land Operating Concept would define how the UK intends to conduct military operations in space and guide capability development. Civilian policymakers and military commanders would decide when and how to use these capabilities, within the limits of the rules governing armed conflict.
Kyiv Eyes Purchase of Planned ICEYE, Nokia ‘Sovereign’ Communication Sats (Breaking Defense)
Ukraine’s Ministry of Defense has signed a letter of intent with Finnish firms ICEYE and Nokia to explore developing “sovereign” low Earth orbit (LEO) satellite communications, which President Volodymyr Zelenskyy described as a matter of national security that requires “capabilities that we can control.” The agreement, announced during Finnish Prime Minister Petteri Orpo’s visit to Kyiv, comes amid uncertainty over Ukraine’s ability to use SpaceX’s Starshield military satellites for drone operations after a U.S. move to throttle the network’s speed, a slowdown that Zelenskyy says continues despite President Trump’s assurances that it had been reversed. Under the ICEYE–Nokia partnership, announced October 1, ICEYE will supply the satellite platform and Nokia will provide onboard secure networking technologies, with government customers owning and controlling the satellites, ground segment and terminals, and the first satellite planned for launch in 2028.

Check out below for comment opportunities, requests for proposals, notices of proposed rulemaking and a look at the week ahead in space events:

Comment Opportunities (RFIs)
Timed Emitters Transmitting Highly Energized Radiation (TETHER)
Department of War (Navy)
Close Date: November 9, 2026Unleashing Unlicensed Spectrum for Direct-to-Device
Federal Communications Commission
Close Date: November 9, 2026

Space Warfighting Architecture Navigator
Department of War (Air Force)
Close Date: November 13, 2026

Creation of The United States Space Academy
National Aeronautics and Space Administration
Close Date: November 16, 2026

Multi-Source PNT UE
Department of War (Air Force)
Close Date: November 16, 2026

Counter-Targeting
Department of War (Air Force)
Close Date: November 30, 2026

Wireless Telecommunications Bureau Establishes a New Docket and the Process for Comment on Eligible Space Station Operator Transition Plans
Federal Communications Commission
Close Date: November 30, 2026

Space Domain Operational Functions
North Atlantic Treaty Organization
Close Date: December 3, 2026

Private Sector Participation in Domestic and International Events on Spaceflight Safety, Responsible Practices and Commercial Space
Department of State
Close Date: December 31, 2026

Requests for Proposals (RFPs)
NASA Agency-wide Supply of Liquid and Gaseous Helium
National Aeronautics and Space Administration
Close Date: November 19, 2026
Resilient Missile Warning Tracking (RMWT) Low Earth Orbit (LEO) Ground Entry Points (GEPs)
Department of War (Air Force)
Close Date: November 23, 2026

Hydrosphere, Biosphere, & Geophysics (HBG) Support Services II
National Aeronautics and Space Administration
Close Date: December 4, 2026

Commercial Low Earth Orbit (LEO) Destination Contract (CLDC)
National Aeronautics and Space Administration
Close Date: December 8, 2026

Notices of Proposed Rulemakings (NPRMs)

Space Modernization for the 21st Century (October 26, 2026)
Federal Communications Commission
Comment Close Date: November 25, 2026

Upcoming Space Events

Global MilSatCom 2026
SAE Media Group
November 2-5, 2026

Asia-Pacific Space Community Council 2026 Conference
APSCC
November 3-5, 2026

Space + Defense Investor Summit
Tectonic / Payload Space
November 3-4, 2026

Schriever Spacepower Series with USSF CSO Gen. Douglas Schiess
The Mitchell Institute
November 4, 2026

8th Summit for Space Sustainability
SWF
November 4-5, 2026

ITU Plenipotentiary
International Telecommunication Union
November 9–17, 2026

Space & Satellites USA 2026
Reuters
November 9-10, 2026

Committee on Planetary Protection (CoPP) Fall Meeting 2026
The National Academies of Sciences, Engineering, and Medicine
November 9-11, 2026

Space Tech Expo Europe
Space Tech Expo Europe
November 17-19, 2026

FAA Public Scoping Meetings on Increased Starship Launches at Starbase
Federal Aviation Administration
November 17–19, 2026

Mid-Term Review of 2021 Pathways to Discovery in Astronomy & Astrophysics
The National Academies of Sciences, Engineering, and Medicine
November 18–20, 2026

MSBR Luncheon with OSC’s Taylor Jordan
Maryland Space Business Roundtable
November 18, 2026

Astronomy and Astrophysics Committee (AAAC) Meeting (November 2026)
U.S. National Science Foundation
November 23, 2026

International Lunar Sample Research Symposium 2026
The Chinese Academy of Sciences and the University of Hong Kong
November 20-23, 2026

GNOSIS26
The Global Network on Sustainability in Space
November 24–25, 2026

1st Americas Space Forum
The Americas Space Forum and UNOOSA
November 30 – December 1, 2026

New Worlds Faire/TSAS: Artemis Accords in Action
New Worlds Institute
December 1–3, 2026

CONFERGENCE
Consortium for Space Mobility and ISAM Capabilities
December 1–3, 2026

Learn more about our Space Law and Policy practice.

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Questions?
If you have any questions, please contact:

Authors

Thomas McCarthy
Partner
Washington, D.C.

Carlos Bermudez
Partner
Los Angeles

Sean Conway
Partner
Washington, D.C.

Jennifer Richter
Partner
Washington, D.C.

Hans Rickhoff
Partner
Washington, D.C.

Marta Thompson
Partner
Washington, D.C.

Jon Markman
Senior Counsel
Washington, D.C.

Sean Carlesimo
Counsel
Washington, D.C.

Ryan Dowell
Counsel
New York

Lamar Smith
Senior Consultant and Former Member of Congress
Washington, D.C.

Contributors

Sharanya Sriram
Associate
Washington, D.C.

Elizah H. Stein
Associate
Washington, D.C.
Kathryn Herman
Public Policy Fellow
Washington, D.C.

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