BLURRING THE LINES: THE OVERLAPPING INTERESTS OF HIGH ALTITUDE UNMANNED AIRCRAFT, COMMERCIAL SPACE, AND AVIATION POLICY

BLURRING THE LINES: THE OVERLAPPING INTERESTS OF HIGH ALTITUDE UNMANNED AIRCRAFT, COMMERCIAL SPACE, AND AVIATION POLICY

The commercialization of space operations, coupled with the rapid development in unmanned aircraft systems creates a new policy dynamic between otherwise disparate industries. Existing structures do not adequately address issues of access, governance, and sovereignty across the distinct domains of air transport, space operations, and high altitude unmanned aircraft operations. Globally, aviation policy and space policy have evolved independently as distinct fields. High altitude unmanned aircraft are rapidly increasing utilization of airspace not previously occupied by civil aircraft or spacecraft, where regulation of both safety and access is sparse. Rather than consider operations in this airspace as a third category of operation, it can be seen as a bridge between air and space operations and serve as a catalyst for policy integration.

This need for integration is most apparent when considering the access issues in shared airspace. In addition to the economic issues between commercial space and commercial aviation operators, the safety hazards imposed by each upon the other must be mitigated, particularly during the launch and recovery phase when the operations are in the same altitude stratum. Dealing with these issues between commercial enterprises requires a different regulatory framework than was appropriate when the space operations were conducted as a government function. The introduction of high altitude unmanned aircraft creates an additional regulatory demand both in the transit phases and operational phases of flight. This paper will explore the complex policy issues with regard to governance, access, and regulation needed to address this new paradigm in aviation and space.