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SpaceX may have signed a fairing agreement with ULA supplier RUAG (Update: no agreement)

Falcon 9 and Heavy use the same custom-built fairing but SpaceX is reportedly interested in buying taller fairings from prominent ULA supplier RUAG. (SpaceX/ULA)

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According to unverified and speculative comments reportedly made to a member of the space industry by a RUAG spokesperson, the prominent aerospace supplier may have reached an agreement with SpaceX to manufacture a handful of larger payload fairings for future Falcon 9 and Heavy launches.

In the likely event that SpaceX is one of two contractors awarded a portion of several dozen US military launch contracts next year, the company will need to be able to cater to niche requirements, including accommodating unusually tall military satellites. Those satellites can be so tall that SpaceX’s own payload fairing – generally middle-of-the-pack relative to competitors’ offerings – may be too short, meaning that SpaceX will have to find ways around that minor shortcoming.

Update: Tim Chen has retracted his earlier comments and has stated that there is actually no agreement currently in place with SpaceX for RUAG to produce taller fairings out of its new Decatur, AL factory.

Additionally, ULA CEO Tory Bruno clarified that the company’s “[new fairing] has [ULA] intellectual property in its design and manufacture … [and] is currently planned only for use on Atlas and Vulcan”, meaning that any cooperation between SpaceX and RUAG would likely require a new production facility and a somewhat different fairing design.

“ULA’s new fairing, which is built in our factory in Decatur, has our intellectual property in its design and manufacture. This fairing is currently planned only for use on Atlas and Vulcan. You would want to ask RUAG about business they might have with their other customers.”

Tory Bruno, August 14th, 2019

https://twitter.com/timothytchen1/status/1161261562713137153

Regardless of the veracity of these recent claims, it appears that SpaceX has three obvious responses at its disposal: design and build an entirely new variant of its universal Falcon fairing, purchase the necessary fairings from an established supplier, or bow out of launch contract competitions that demand it. The latter option is immediately untenable given that it could very well mean bowing out of the entire US military competition, known as Phase 2 of the National Security Space Launch program’s (NSSL; formerly EELV) Launch Services Procurement (LSP).

For dubious reasons, the US Air Force (USAF) has structured the NSSL Phase 2 acquisition in such a way that – despite there being four possible competitors – only two will be awarded contracts at its conclusion. The roughly ~30 launch contracts up for grabs would be split 60:40 between the two victors, leaving two competitors completely emptyhanded. In short, bowing out of the Phase 2 competition could mean forgoing as many as one or two-dozen contracts worth at least $1-2B, depending on the side of the 60:40 split.

A side-by-side comparison of Blue Origin, SpaceX, and ULA fairings, roughly to scale. (Teslarati)

According to a handful of recent comments and developments, SpaceX has likely sided with the option of procuring taller fairings from an industry supplier. As it turns out, European company RUAG has effectively cornered the Western rocket fairing market, with SpaceX being the only Western launch company currently building its own fairings. RUAG builds fairings for both Arianespace’s Ariane 5 and Vega rockets and ULA’s Atlas V. Additionally, RUAG will build and supply fairings for both companies’ next-gen rockets – Arianespace’s Ariane 6 and ULA’s Vulcan – and builds fairings for a number of smallsat launch companies.

Comments made in June by a RUAG official confirmed that there was some semblance of a relationship between SpaceX and RUAG for the purpose of satisfying USAF needs for taller fairings, although the phrasing suggested that the cooperation was in its early stages and nothing had been solidified.

“In a June 12 letter to Smith, the company’s CEO Peter Guggenbach makes the case that legislation forcing access to suppliers is unnecessary in this case because RUAG does not have an exclusive arrangement with ULA and is willing to work with SpaceX or any other launch providers.

“For this competition, we are in the process of submitting or have submitted proposals to multiple prime contractors regarding launch vehicle fairings. In those agreements, we share technical data to support a prime contractor’s bid while protecting our intellectual property.”

RUAG vice president Karl Jensen told 
SpaceNews the company has a “significant partnership” with ULA but is looking to work with others too. “We have an offer to SpaceX,” he said. “We don’t know if they’ll accept it.”

SpaceNews, 06/13/2019

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RUAG (right) builds payload fairings for Ariane 5/6, Delta IV, Atlas V, and Vulcan. SpaceX (left) builds its own Falcon fairings in-house. (SpaceX/RUAG)

Interestingly, although ULA’s RUAG-built Atlas V fairing is slightly narrower than SpaceX’s 5.2m (17 ft) diameter fairing, Atlas V’s largest fairing is significantly taller, supporting payloads up to 16.5m (54 ft) tall compared to 11m (36 ft) for Falcon 9 and Heavy. Given that just a tiny portion of military spacecraft actually need fairings that tall, SpaceX is apparently not interested in simply modifying its own fairing design and production equipment to support a 20-30% stretch.

This likely relates in part to the fact that one of SpaceX’s three NSSL Phase 2 competitors – Northrop Grumman (Omega), Blue Origin (New Glenn), and ULA (Vulcan) – are guaranteed to receive hundreds of millions of dollars of development funding after winning one of the two available slots (60% or 40% of contracts). SpaceX, on the other hand, will receive no such funding while still having to meet the same stringent USAF requirements compete in LSP Phase 2. Of note, Congressman Adam Smith managed to insert a clause into FY2020’s defense authorization bill that could disburse up to $500M to SpaceX in the event that the company is one of Phase 2’s two winners.

SpaceX builds all large Falcon 9 and Heavy composite structures in house, including landing legs, interstages, and payload fairings. (SpaceX, 2016)

Despite this potential influx of infrastructure-focused funds, SpaceX may still be pursuing taller Falcon fairings from RUAG as a backup in the event that the company is not one of the two Phase 2 winners or is unable to use some of the $500M secured by Rep. Smith to develop its own stretched fairing.

On August 12th, SpaceX – along with Blue Origin, ULA, and NGIS – submitted bids for NSSL Phase 2 launch services, confirming that all four companies will indeed be in the running for contracts. The USAF is not expected to announce the results of this competition until Q2 2020.

Check out Teslarati’s Marketplace! We offer Tesla accessories, including for the Tesla Cybertruck and Tesla Model 3.

Eric Ralph is Teslarati's senior spaceflight reporter and has been covering the industry in some capacity for almost half a decade, largely spurred in 2016 by a trip to Mexico to watch Elon Musk reveal SpaceX's plans for Mars in person. Aside from spreading interest and excitement about spaceflight far and wide, his primary goal is to cover humanity's ongoing efforts to expand beyond Earth to the Moon, Mars, and elsewhere.

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Tesla and SpaceX take “Terafab” Trademark fight to Federal Court

Tesla and SpaceX sue a small Illinois firm after cease and desist letters over Terafab.

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SpaceX Terafab rendering

Tesla and SpaceX are asking a federal judge to rule that their planned Terafab chip factory does not infringe a small Illinois company’s trademark, a request that arrives only after months of quiet negotiation broke down this summer.

The dispute traces to May 18, when Tesla filed three U.S. trademark applications for “Terafab” and “Tesla Terafab,” covering semiconductor chips and related chip making services. TERA-print LLC, a nanotechnology company that has held a federal trademark for “Tera-Fab” since 2021, responded five days later with a cease and desist letter. According to the lawsuit, first reported by Reuters, TERA-print argued that Tesla and SpaceX’s use of “Terafab” would confuse consumers familiar with its own trademark, which covers a desktop photolithography printer sold to researchers for sensor and bioengineering work.

What stands out in the filing is the timing of TERA-print’s own paperwork. One day before sending that cease and desist letter, on May 22, TERA-print applied to expand its existing registration to cover semiconductor materials, silicon chips, nanoelectronic devices and AI design services, categories it had not previously claimed. Tesla and SpaceX call that filing opportunistic in their complaint, noting it arrived two months after Tesla’s public Terafab announcement and just days after Tesla’s own trademark applications went in.

Elon Musk launches TERAFAB: The $25B Tesla-SpaceXAI chip factory that will rewire the AI industry

By June 10, TERA-print was threatening to sue for federal trademark infringement, false designation of origin and unfair competition, the complaint states. Rather than wait to be sued, Tesla, SpaceX and SpaceXAI met with TERA-print six separate times between June and August trying to resolve the dispute directly. Those talks collapsed, and the companies filed for declaratory judgment this week in the U.S. District Court for the Western District of Texas, asking a judge to find that “Terafab” does not infringe TERA-print’s mark before TERA-print can file a claim of its own.

TERA-print isn’t backing down. The company told PCMag it discussed a settlement with Tesla as recently as September 2 and feels misled by what it called Tesla’s professed interest in settling. Its CTO, Andrey Ivankin, said TERA-print holds a Defense Department contract to fabricate semiconductors and partially owns Mattiq Inc., an AI company built on TERA-print’s products, and that the company will vigorously defend its rights.

Tesla and SpaceX argue the overlap is superficial. Terafab is planned as a $16.8 billion complex spanning roughly 100 million square feet at the Grimes County site SpaceX confirmed last month, built to produce chips for Optimus robots, Tesla’s AI computing needs and SpaceX’s orbital data center ambitions, a scale and purpose the companies say no reasonable consumer would confuse with a tabletop lab printer. TERA-print’s product line has stayed focused on lithography tools for biological and sensor research since it registered its mark in 2021.

The trademark fight is the second legal dispute tied to the Terafab project in the past week, following a separate SpaceX suit aimed at keeping company records about the facility out of public view, as KBTX reported. Whether construction proceeds under the Terafab name now depends on a federal judge in Austin.

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NHTSA just escalated its Tesla Cybercab investigation in a big way

NHTSA escalated its Cybercab audit into a sworn Special Order with a September 30 deadline.

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Federal regulators have moved from asking Tesla questions about its Cybercab to demanding sworn answers. The National Highway Traffic Safety Administration issued a Special Order that requires a Tesla officer to sign an affidavit attesting to the completeness of the company’s responses, with a deadline of September 30.

The order builds on Audit Query AQ26002, which NHTSA opened on September 3, the same day Tesla began commercial Cybercab service in Austin. Teslarati covered that initial inquiry when it surfaced, noting the agency wanted to understand how Tesla certified a vehicle with no permanently attached steering wheel, pedals, or mirrors as compliant with Federal Motor Vehicle Safety Standards. A Special Order is a different tool and converts a fact finding review into a legally enforceable demand, the same mechanism NHTSA used against Tesla in 2023 during its Autopilot investigation.

Several of the 21 requests target a specific gap in Cybercab’s design. One asks whether Tesla used temporarily attached human controls at any point to help certify the vehicle, and if so, which standards depended on that equipment being present. Another quotes an existing rule directly: “The service brakes shall be activated by means of a foot control.” Cybercab has no foot pedal. NHTSA wants a detailed explanation of how the vehicle satisfies that requirement, and how it complies without the kind of exemption granted to Zoox in July under Part 555, the regulatory pathway built for steering wheel free vehicles.

The order does not claim Cybercab is unsafe or that Tesla broke a rule. It requires Tesla to explain, under oath, the reasoning behind decisions the company already made when it self-certified the vehicle. That distinction matters, but so does the exposure. Motor1’s reporting, summarized here, put potential civil penalty exposure as high as $139 million if NHTSA later finds the certification was flawed, on top of whatever criminal risk comes with a false sworn statement.

Tesla has not said publicly how it plans to respond. Cybercab is still carrying passengers in Austin through the Robotaxi app while the September 30 deadline approaches, and the company has continued expanding the vehicle’s footprint even as the regulatory question remains open. The Special Order does not pause any of that and just sets a date by which Tesla has to put its certification logic on the record, with a company officer’s name attached to it.

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Investor's Corner

Tesla uber bull Ron Baron says ‘the time to buy the stock is now’

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Credit: Tesla

In a new interview on Wednesday, Tesla uber bull Ron Baron said that anyone looking to buy the company’s stock should do so as soon as they can.

Baron, founder and CEO of Baron Capital and one of Tesla’s most persistent institutional bulls, used a CNBC Squawk Box appearance on Wednesday to deliver a familiar message with fresh urgency: In his opinion, Tesla stock is a buy:

“The time to buy the stock is now. FSD is catching on, and it’s going to be bigger and bigger. 55% of new buyers are buying it (Teslas) with FSD. It’s going to be everywhere. It’s safer.”

The Baron Capital frontman’s case is built around Full Self-Driving. Tesla reported 1.48 million active FSD subscriptions in the second quarter, up 56 percent year over year, and company officials have said roughly 55 percent of new North American deliveries left with a subscription enabled.

Baron framed that attach rate as proof the product is moving from enthusiast extra to default expectation, and as a reason software, not just vehicle volume, should drive the next phase of value.

His conviction on Tesla shares is not theoretical, as Baron Capital made its first Tesla investment in 2014, after years of meetings that began around the 2010 IPO roadshow. The firm later built a large SpaceX position starting in 2017.

Baron said those Musk-led bets have generated about $30 billion of the $71 billion in profits Baron Capital has produced for clients. He put the firm’s current exposure at roughly $25 billion in SpaceX and $5 billion in Tesla. Personally, he described SpaceX as his largest holding, at about $5 billion, with about $1.5 billion in Tesla and additional Tesla exposure through the firm’s funds.

That concentration is also a statement of loyalty. Asked about talk of a SpaceX-Tesla combination, Baron said he had already walked Elon Musk through arguments for and against a deal, then declined to repeat them on air. His public position was simpler: “Whatever you decide is better is what I’m going to support,” he said to Musk.

Baron also said that he picked up the farewell edition of the Model S after Tesla decided to sunset the vehicle earlier this year, calling it his favorite car he’s ever driven.

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