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SpaceX’s partial Falcon 9 landing failure could delay next West Coast launch

Wait, that's not supposed to be there... (Tom Cross)

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According to statements made by the Canadian Space Agency (CSA) and media outlet CBC, the launch of the agency’s next-generation Radarsat Constellation Mission (RCM) – a trio of Earth observation satellites weighing >4200 kg (9300 lbs) – has been “postponed … indefinitely” as a consequence of SpaceX’s first failed Falcon 9 booster landing since 2016.

Offering a rare glimpse into some of the extensive planning that goes on behind the scenes to make commercial rocket launches happen, CSA has indicated that the booster it planned to launch on – Falcon 9 B1050 – suffered an untimely (partial) demise during a recovery attempt shortly after successfully launching the CRS-16 Cargo Dragon mission on December 5th, 2018. While the booster shockingly was returned to dry land mostly intact after landing in the Atlantic, SpaceX and CSA must now settle on a different Falcon 9 to launch the mission.

Goldilocks and the Falcon boosters

While it doesn’t look like there are only three possible rocket options for the Radarsat constellation and SpaceX to choose from, the situation of picking a new booster this late in the launch flow is far less simple than it might initially seem. First and foremost, SpaceX likely needs to do its best to accommodate the preferences of customers CSA and MDA (MacDonald, Dettwiler and Associates Ltd.) regardless of how disruptive they may be. Originally targeted for sometime in November 2018, RCM’s launch slipped several months to the second half of February 2019 due to what CSA described as “higher priority missions [for]the US Government and a backlog of launches from…Vandenberg” late last year.

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While that alone does not point directly towards any obvious explanations, CBC reporter Dean Beeby’s implication that the mission’s launch is now “postponed…indefinitely” offers a hint of an answer, although it could also be manufactured hyperbole where there actually is none. If CSA actually indicated that the launch is now postponed indefinitely, the only clear explanation for a launch delay greater than a month or so as a result of Falcon 9 B1050’s unplanned unavailability would lie in some unique aspect of that particular Falcon 9 booster.

Although each rocket SpaceX builds can be quite different from each other in terms of general quirks and bugs, the only obvious difference between B1050 and any other flight-proven Falcon 9 booster in SpaceX’s fleet was its low-energy CRS-16 trajectory, something that would have enabled a uniquely gentle reentry and landing shortly after launch. In other words, likely out of heaps of caution and conservatism if it is the case, customers CSA and MDA may have requested (or contractually demanded) that SpaceX launch the Radarsat constellation on a flight-proven Falcon 9 with as little wear and tear as possible, in which case B1050 would have been hard to beat.

“Unfortunately, the landing of [Falcon 9 B1050] was unsuccessful, preventing SpaceX from recuperating the reusable components for the launch of RCM. We continue to work closely with MDA and SpaceX to confirm a launch date for RCM.” – Spokesperson Audrey Barbier, Canadian Space Agency (CSA), 01/15/2019

If the customers remained steadfast in their (speculated) request for a gently-used flight-proven Falcon 9 even after B1050’s partial landing failure, the next most comparable booster would be Falcon 9 B1051 after launching the first orbital Crew Dragon mission sometime no earlier than (NET) February 2019. Aside from B1051, there will be no obvious booster alternative available for at least several months after Crew Dragon’s launch debut, unless NASA requests that its next contracted Cargo Dragon mission (CRS-17) launch on a new Falcon 9 rocket in March 2019.

Warmer…

If a less lightly-used booster becomes an option for CSA/MDA, there are immediately multiple clear options available as long as SpaceX is will to accept possible delays to subsequent launches to quickly reassign a flight-proven Falcon 9. Falcon 9 B1046 – the first SpaceX rocket ever to launch three orbital-class missions – is being refurbished at SpaceX’s Hawthorne, California facilities a few hundred miles south of Vandenberg. B1047 completed its second successful launch in November 2018 and is being refurbished – along with the twice-flown B1048 – in Cape Canaveral, Florida. Finally, Falcon 9 B1049 completed its second successful launch just days ago (January 11th) and is being processed off of drone ship Just Read The Instructions (JRTI) at this very moment.

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B1047 or B1048 have likely been assigned to the imminent NET February 18th launch of Indonesian commsat PSN-6 and SpaceIL’s Beresheet Moon lander, meaning that the best possible option for Radarsat – short of swallowing months of additional delays – is a decision between B1047/B1048 or B1046, with B1049 also a candidate if a slip into March or April is an option. Still, all of those options would require Canada and MDA to fly on a Falcon 9’s third (or fourth) launch, perhaps an unacceptable compromise or perceived risk for certain customers.

 

Meanwhile, schedule pressures have meant that SpaceX is pushing as hard as possible to prepare three new Block 5 Falcon Heavy boosters for the giant rocket’s second and third launches, scheduled as early as March and April 2019. While unconfirmed, it appears that SpaceX may have chosen to manufacture all three of those boosters one after the other, meaning that the company’s Hawthorne factory would have been primarily focused on delivering those rockets for at least 2-3 months start to finish. In short, it does not appear that there is or will be an unflown Falcon 9 booster available for Radarsat anytime soon.

Whether the customers wait for a new booster to be produced, wait for Crew Dragon’s first launch to wrap up, or accept being the third or fourth launch of a well-scorched Falcon 9, RCM’s next published launch target should offer a hint as to how CSA, MDA, and SpaceX ultimately decided to respond to Falcon 9 B1050’s dip in the Atlantic OCean.


Check out Teslarati’s newsletters for prompt updates, on-the-ground perspectives, and unique glimpses of SpaceX’s rocket launch and recovery processes!

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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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Investor's Corner

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.

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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.

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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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