There’s been a lot of talk about space advertising since NASA’s administrator, Jim Bridenstine, broached the provocative question of whether NASA should sell naming rights to launch vehicles and spacecraft. Marcia Smith posted a fiendishly clever example of what that could look like. In true epic-quest style, she seeks the creator of this gem (scroll down until you reach the rocket–you’ll know it when you see it). Even the Washington Post has a recent article.
I understand the consternation over the proposal and the concerns that NASA could appear to be endorsing one brand over another. The commercial sector itself should have less to worry about. The law bans obtrusive space advertising, but even someone launching under an experimental permit from the FAA–who may not otherwise receive payment for the carriage of people or cargo–may plaster a Chik-Fil-A logo onto the outside of his rocket and get paid for the service.
The Ban. Through 51 U.S.C. 50911 Congress prohibits obtrusive space advertising. The FAA may not issue a launch license “for the launch of a payload containing any material to be used for the purposes of obtrusive space advertising–….” Notice the law doesn’t ban all space advertising, just ads that are obtrusive. Yes, this might be the time to bring up those commercials the gas stations show you while you are trying to pump gas in a peaceable, zoned out state.
Thankfully, Congress took the time to define “obtrusive space advertising” in 51 U.S.C. 50902. It means:
advertising in outer space that is capable of being recognized by a human being on the surface of the Earth without the aid of a telescope or other technological device.
In other words, Discover Card may not spell out Discover on the surface of the moon in letters large enough to be seen on Earth. Nor may orbiting banners advertise for hemorrhoid creams. Alas, this ban does not apply to gas stations, since they are not in outer space but ground based.
Theoretically, of course, a fuel depot on orbit could still show its customers video commercials because the advertisement would not be visible on the surface of the Earth. Nowhere is safe.
Experimental permits. The FAA provides two types of authorizations for private space launch and reentry: licenses and permits. A launch operator operating under a license may receive payment for transporting cargo to space. One operating under an experimental permit may not. According to 51 U.S.C. 50906(h), “[n]o person may operate a reusable suborbital rocket or reusable launch vehicle under a permit for carrying any property or human being for compensation or hire.”
However, the FAA made it clear when implementing this provision through its rules that it did not include advertising as a prohibited activity:
An operator would also be able to receive payment for the display of logos because it is a service and thus not a person or property launched for compensation.
Experimental Permits for Reusable Suborbital Rockets, Notice of Proposed Rulemaking, 71 Fed. Reg. 16251, 16261 (Mar. 31, 2006). Even in the government, some people recognize the need for revenue.
Saw the picture of the Space Shuttle with the Ads all over it. And I thought, hm… interesting that NASA and NASCAR have 4 letters in common – and the first three are pronounced the same.
You may be on to something. If only we could figure it out.
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