Guest:  Michael Listner; Topics:  Space law and policy, treaties, commercial space, FCC and spectrum concerns, traffic management and much more.

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We welcomed Michael Listner back to the program for a nearly two hour discussion  Michael posted videos to the blog based on a few of the listener discussions so make sure you see them.  As for summarizing this program, as I have done before, I believe the best way to summarize this discussion is to repeat the tags/key words here as they accurately reflect discussion topics and the order in which the topics were discussed.

Tags/Key Words:  Michael Listner, space law, change in administration, Artemis, NewSpace, Artemis Accords, Dr. Scott Pace, space traffic management, SPD 3, National Space Council, commercial space focus, commercial space regulations, 2016 Space Act, China, Outer Space Treaty, customary international law, Russia, spectrum issues, radio frequency allocations and concerns, FCC and additional federal agencies, FCC Table of Frequency Allocations, International Telegraphic Union, Starlink, space tourism moratorium, launch licenses, Chinese flag on Mars & Moon, space weapons, launching without a license, space mining, space property rights, space resource policy, 2015 Commercial Space Act, self-executing treaties, Article 6 of the Outer Space Treaty, 1084 Space Act, space colonies without property rights, local Mars government issues, asteroid enclosure issues, nuclear power/propulsion in space, The Precis Quarterly Newsletter.

I would like to focus on a few of the topics that stood out for me.  First, Michael had lots to say early in the program about space traffic management concerns and Space Policy Directive 3 (SPD-3) issued by President Trump being "ditched."  Since Dr. Scott Pace, former lead of the National Security Council, will be the guest next Sunday, Michael limited some of his comments but both of us mentioned the Op-Ed by Dr. Pace in Space News on June 18 titled "NOAA is stalling U.S. space traffic management."  Michael spent time stressing the importance of SPD-3, of staying up with space traffic management but that now with the new administration, there might be uncertainties.  Since the administration is new, time will play out and we will find out about SPD-3.  Later in the show, another listener called in and asked if SPD3 was still in force.  It has not been cancelled but there is concern regarding this important issue. 

The Artemis Accords were an important part of Michael's commentary.  New Countries have signed on to the Accords including South Korea, New Zealand and Brazil.  Listen to what he said about Brazil and the fact that the Artemis Accords momentum keeps growing and going.  Another topic that got substantial discussion time was commercial space regulation.  Michael suggested that the administration believes more regulators might be needed.  He talked about several of the more recent space acts enacted into law along with moratoriums on regulations until 2024.  He said there was a big debate at this time on the possibility of extending the 2024 moratorium. 

Todd introduced China and their space program/goals to the discussion.  Michael had lots to say about the China space concerns along with issues pertaining to the OST and customary international law.  Russia was brought into this discussion as well.  Note what he said about much of this being a response to the Artemis Accords suggesting some pushback by both China and Russia.  Following Todd, listener Dustin sent in the first of many emails, this one about spectrum and radio frequency allocation.  I read the note on air and Michael talked extensively about spectrum, the FCC, frequency allocation, other government agencies involved in this issue and international allocation.  Our spectrum and FCC discussion was a major part of today's program.  Note that Michael pointed our attention to the FCC Table of Frequency Allocations.  Starlink and similar projects were part of this discussion.  We would like to hear your commentary on this discussion so do post your thoughts on our blog for this show.

A topic that surprised me was the one that dealt with the need to get a launch license.  One listener even asked about the consequences of not having a launch license and launching anyway.  Michael pointed out a recent example of that happening.  Our guest made it clear that a launch license was needed, the FAA issued them.  As I understand it, frequency licenses are needed just as are launch licenses.  A topic that did not surprise me was the fact that the Chinese flag was clearly shown on their new Mars rover on the surface of Mars.  Michael talked about national flags going back to the Apollo Era, the 1967 OST, the planting of the US flag on the Moon and the meaning of all of this.  Michael did say he was concerned about the Chinese flag and how they might be meaning it.

Later in the program Marshall called about mining and property rights.  This was a thorough discussion so don't miss it.  Following Marshall, John from the East Bay called to ask about property rights regarding space settlements, specifically for a free space O'Neil settlement.  During this part of the discussion the subject came up around Martian settlers having their own law.  Michael did not think highly of that idea but do listen to how he explained the situation.  Before terminating the call, John asked about Musk going to Mars but not sterilizing his Martian hardware.  Michael seemed to suggest these were geopolitical issues that that would need resolution at some point in the future.  In addition, he asked about grabbing an asteroid, enclosing it and using it for resources.  Michael suggested that when it happens, issues will get resolved.

As we were closing in on the show, the subject of space weapons came up in an email plus Bill sent in the note mentioned earlier asking about the Trump Space Policy Directives still being in effect or cancelled.  Dustin, who inquired about space weapons, wanted to know if such a weapons ban in space would apply to nuclear power and propulsion used n space.  Listen for the answer.  As we were winding down the program, Michael mentioned The Precis which is excellent for staying on top of policy and legal issues (see https://www.spacelawsolutions.com/the-pr-cis-.html).  Michael mentioned recent space policy ideas suggested by the Atlantic Council but he was not supportive of them.  He talked about national security space plus a last minute question came in regarding cyber security for space as well as right here at home.

Please post your questions and comments for Michael on this blog.  You can reach Michael through me or his website, www.spacelawsolutions.com/home.html.