What to know
- A launch or reentry licence requires insurance sized to the maximum probable loss, capped at $500 million for third-party claims and $100 million for government property.
- Above that, the government may pay successful third-party claims up to $1.5 billion (plus inflation since 1989), subject to appropriations, for licences applied for by 30 September 2028.
- Licensees must sign reciprocal waivers of claims with their contractors, customers and the government.
- FCC licences carry milestones: a GSO satellite in five years; half of an NGSO constellation in six years and the rest in nine.
- Assigning an FCC licence or transferring control of the licensee needs FCC approval first.
- Spacecraft are on the US Munitions List (Category XV) or the Commerce Control List (9x515) depending on their capability.
The instruments
- 51 U.S.C. Chapter 509 (commercial space launch)
- 14 CFR Part 450 (launch and reentry licence)
- 14 CFR 440.9 (insurance)
- 47 CFR Part 25 (FCC satellite licensing)
- 14 CFR 1266.104 (NASA cross-waiver)
- 22 CFR 121.1, USML Category XV
- FAR 52.227-14 (rights in data)
Term by term
Licence to launch and operate
FAA licence for launch and reentry (Part 450); FCC authorisation for the satellite and its spectrum; NOAA licence for remote sensing.
Third-party liability and insurance
Insurance for maximum probable loss, capped at $500m third party and $100m government property. Government may pay claims above that up to $1.5bn plus inflation, for licences applied for by 30 Sep 2028.
Cross-waivers
Statutory: FAA licences require reciprocal waivers between the licensee, its contractors and customers, and the government. NASA launch agreements carry a regulatory cross-waiver.
Procurement and geographic return
Agencies buy under the FAR and their supplements, often through commercial item rules, Other Transactions and NASA Space Act Agreements. Federal launch must come from US commercial providers where possible.
IP and data rights
FAR 52.227-14: unlimited government rights in data first produced under the contract, with protection for limited rights data and restricted software. DoD uses DFARS terms.
Export control
ITAR for spacecraft on USML Category XV; EAR 9x515 for commercial satellites moved off the USML. ITAR registrants must notify a change of ownership.
Spectrum and ITU filings
FCC Part 25: GSO satellite in service within five years; NGSO half the constellation in six years and the rest in nine. A surety bond backs the milestones.
Change of control and transfer
FCC approval before assigning a licence or transferring control of the licensee. FAA licences are transferred only by the FAA. CFIUS may review foreign investment.
Anchor revenue and termination
FAR termination for convenience: costs and a reasonable profit on work done, capped at the contract price. Funded Space Act Agreements can be ended with less protection.
The rest of this page sets out the 14 quoted provisions for United States, set against each term. It is free with a work email, along with the full tools, guides and register downloads.
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General information on public law and standard terms as at 28 Oct 2026, not legal advice on any contract or transaction. Quoted wording is checked against the official text linked to it.