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SpaceX’s Starlink satellite lawyers refute latest “flawed” OneWeb critique

Dozens of OneWeb satellites visualized during a future Ariane 6 constellation launch. (Arianespace)

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After years of relentless legal badgering from internet satellite constellation competitor OneWeb, SpaceX’s regulatory and legal affairs team appears to have begun to (in a professional manner) lose patience with the constant barrage.

On February 21st, SpaceX published a withering refutation of OneWeb’s latest criticism that offered a range of no-holds-barred counterarguments, painting the competitor – or at least its legal affairs department – as an entity keen on trying to undermine Starlink with FCC-directed critiques based on flawed reasoning, false assumptions, misinterpretations, and more. Alongside a number of memorable one-liners and retorts, legal counselors William Wiltshire and Paul Caritj and SpaceX executives Patricia Cooper and David Goldman openly “wonder whether OneWeb would be satisfied with SpaceX operating at any altitude whatsoever.”

One of the first two prototype Starlink satellites separates from Falcon 9’s upper stage in February 2018. (SpaceX)

SpaceX’s Starlink modification request

In late 2018, SpaceX filed a request with the FCC (Federal Communications Commission) that would allow the company to significantly modify parts of its Starlink satellite constellation license, cutting 16 spacecraft from the original total of 4425 and moving Phase 1’s now-1584 satellites from an operating altitude of ~1100-1300 km (680-810 mi) to just 550 km (340 mi). Aside from further reducing the latency of communications, SpaceX also argues that “the principal reason” behind lowering the operational altitude of the first ~37% of Starlink satellites was “to [further] enhance the already considerable space safety attributes of [the] constellation.”

SpaceX’s first two Starlink prototype satellites are pictured here before their inaugural launch, showing off a thoroughly utilitarian bus and several advanced components. (SpaceX)

The safety benefits of a significantly lower orbit come into play when the potential dangers of space debris come into play. Put simply, satellites in lower orbits – particularly orbits below ~1000 km – end up experiencing far more drag from the upper vestiges of the Earth’s atmosphere, drag that acts like an automatic switch in the event that a given LEO satellite loses control. At 500 km and below, even small spacecraft with enough surface area will automatically reenter Earth’s atmosphere within just a few years (~5), while orbits around 1000-1500 km can stretch the time to reentry by a factor of 5-10, often taking decades. In other words, SpaceX’s desire to lower the initial operating orbit of ~1600 Starlink satellites would end up dramatically reducing the consequences the failure of one or several satellites would have on other spacecraft operating in the same orbital regions

“Rather than base its critiques on facts in SpaceX’s application or evidence in the record, OneWeb relies entirely on a collection of flawed assumptions cobbled together into an equally-flawed fictional scenario.

Overall, OneWeb rested its interference analysis entirely on incorrect assumptions and overlooked basic operational distinctions in the actual effect of the proposed SpaceX modification.”

SpaceX, FCC SAT-MOD-20181108-00083, 02/21/2019 [PDF]

A step further, there is a great deal more irony to be found in OneWeb’s attempt to block SpaceX from lowering the orbit of its first ~1600 satellites. In 2017 and 2018, the company repeatedly complained to the FCC about the fact that SpaceX’s Starlink constellation was to nominally be placed in orbits from ~1100-1300 km, effectively sandwiching OneWeb’s own ~1200 km constellation. OneWeb continues to demand an unreasonable level of special treatment from the FCC, hoping that the commission will allow it to establish a sort of buffer zone extending 125 km above and below its own constellation, basically demanding that a huge swath of low Earth orbit be OneWeb’s and OneWeb’s alone. In reality, this is likely nothing more than a thinly veiled anti-competitive tactic, in which success would almost entirely bar other prospective space-based internet providers from even considering the same orbit.

SpaceX never explicitly says as much but it becomes eminently clear that the authors behind this latest response are rapidly losing patience with OneWeb’s years of shoddy attempts at legally suppressing competition. Given that lowering the orbits of almost 40% of SpaceX’s first round of Starlink satellites would end up working in OneWeb’s claimed favor, moving them out of what OneWeb views as its orbital territory, arguing against such a change would explicitly contradict arguments the company has made in prior SpaceX-focused complaints to the FCC.

“OneWeb is now challenging SpaceX’s plan to reduce altitude to further enhance the space safety attributes of its system. Considering OneWeb’s frequent request that SpaceX take this exact step of moving farther away from OneWeb’s proposed constellation, one is left to wonder whether OneWeb would be satisfied with SpaceX operating at any altitude whatsoever.

SpaceX, 02/21/2019

SpaceX’s Starlink internet satellite constellation visualized with just 1600 satellites. (Mark Handley)

SpaceX takes a different approach

Aside from seemingly hollow concerns about the “safety” of SpaceX’s request to lower Starlink satellite orbits, OneWeb further criticized SpaceX for what it perceived to be “operational setbacks” after launching a duo of prototype Starlink spacecraft, known as Tintin A and B. In essence, it appears that OneWeb made the bizarre decision to cite officially-unconfirmed and often-disputed reports that SpaceX’s prototypes were unable to reach their originally planned operational orbits of ~1125 km, effectively trapped at the ~515 km orbit they were dropped off in as a result of their shared launch.

“SpaceX originally expected to operate these satellites at approximately 515 km and then raise them to an altitude of 1,125 km for further testing, but chose not to do so. From this, OneWeb leaps to an unsupported conclusion that SpaceX’s experimental satellites faced “operational setbacks.” To the contrary, SpaceX made a conscious decision to remain at this optimal altitude for further experimentation.

Far from facing setbacks, the experimental program has validated SpaceX technology – including the Hall-effect thruster propulsion system and the capabilities of the communications payload. Thus, unlike OneWeb, SpaceX has successfully tested its spacecraft design in advance of initiating deployment of its commercial constellation.

SpaceX, 02/21/2019

While there was, in fact, some plausible evidence in mid-2018 that at least tentatively suggested that the spacecraft may have had issues with their first-generation ion thruster prototypes, it soon became clear that SpaceX and several major investors were sticking to the narrative that the Tintin twins were operating in fine health in orbit. It’s possible that SpaceX’s legal team and government relations executives are trying to aggressively spin on-orbit difficulties with the prototypes into good news, and the fact that SpaceX is requesting a modification to 550 km instead of Tintin A and B’s ~520 km orbits remains more than a little odd. However, including such brazen and open-faced lies in official legal/regulatory documents would be a deathwish SpaceX’s Starlink license in its entirety, while also begging for major SpaceX-aimed lawsuits and a general black cloud forming over the company.

If the FCC ultimately chooses to permit SpaceX’s Starlink license modification, the company’s first more or less operational Starlink launch – likely carrying anywhere from 10 to 30 satellites – could occur as early as late April or early May.

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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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Elon Musk

SpaceX secures win as US labor board drops oversight case

The NLRB confirmed that it no longer has jurisdiction over SpaceX.

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Credit: SpaceX

SpaceX scored a legal victory after the National Labor Relations Board (NLRB) decided to dismiss a case which accused the company of terminating engineers who were involved in an open letter against founder Elon Musk. 

The NLRB confirmed that it no longer has jurisdiction over SpaceX. The update was initially shared by Bloomberg News, which cited a letter about the matter it reportedly reviewed.

In a letter to the former employees’ lawyers, the labor board stated that the affected employees were under the jurisdiction of the National Mediation Board (NMB), not the NLRB. As a result, the labor board stated that it was dismissing the case.

As per Danielle Pierce, a regional director of the agency, “the National Labor Relations Board lacks jurisdiction over the Employer and, therefore, I am dismissing your charge.”

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The NMB typically oversees airlines and railroads. The NLRB, on the other hand, covers most private-sector employers, as well as manufacturers such as Boeing. 

The former SpaceX engineers have argued that the private space company did not belong under the NMB’s jurisdiction because SpaceX only offers services to “hand-picked customers.” 

In an opinion, however, the NMB stated that SpaceX was under its jurisdiction because “space transport includes air travel” to get to outer space. The mediation board also noted that anyone can contact SpaceX to secure its services.

SpaceX had previously challenged the NLRB’s authority in court, arguing that the agency’s structure was unconstitutional. Jennifer Abruzzo, the NLRB general counsel under former United States President Joe Biden, rejected SpaceX’s claims. Following Abruzzo’s termination under the Trump administration, however, SpaceX asked the labor board to reconsider its arguments. 

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SpaceX is not the only company that has challenged the constitutionality of the NLRB. Since SpaceX filed its legal challenge against the agency in 2024, other high-profile companies have followed suit. These include Amazon, which has filed similar cases that are now pending.

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SpaceX blocks unauthorized Starlink terminals used by Russian troops

Ukrainian officials confirmed that Starlink terminals believed to be used by Russian troops were disabled after coordination with SpaceX.

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Starlink-india-license-delay
(Credit: Starlink/X)

SpaceX has taken steps to block unauthorized use of its Starlink satellite internet network, a move Ukrainian officials stated is already disrupting Russian military communications. 

Russian units lose a key communications tool

As per a report from The Guardian, Ukrainian defense officials have confirmed that Starlink terminals believed to be used by Russian troops were recently disabled after coordination with SpaceX. The move reportedly affected frontline communications and drone operations, especially in areas where traditional military radios are unreliable or easily jammed.

For months, Russian units had relied on large numbers of illicitly obtained Starlink terminals to stay connected along the front. The satellite internet service allowed faster coordination and more precise drone use for Russian forces.

Several Russian military bloggers close to frontline units have acknowledged the impact of the Starlink shutdown, with some describing sudden connectivity problems in the satellite internet service.

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Russia lacks comparable replacement

Russia does not have a satellite internet system that matches Starlink’s speed, coverage, and ease of deployment. Alternatives such as fiber-optic lines, short-range wireless links, and digital radio systems take longer to install and work inadequately for fast-moving units.

Russia does operate limited satellite communications through state-linked providers, but those systems rely mainly on geostationary satellites, which are notably slower. Coverage is uneven, and data capacity is far lower than Starlink’s low-Earth-orbit network.

For now, Ukraine has stated that it has introduced a verification system that allows only approved Starlink terminals to connect. Devices believed to be linked to Russian forces are blocked from the network. That being said, Ukrainian officials have also claimed Russian units are trying to work around the restrictions by asking civilians to register Starlink terminals in their names. 

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Elon Musk

Elon Musk pivots SpaceX plans to Moon base before Mars

The shift, Musk explained, is driven by launch cadence and the urgency of securing humanity’s long-term survival beyond Earth, among others.

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Credit: @SecWar/X

Elon Musk has clarified that SpaceX is prioritizing the Moon over Mars as the fastest path to establishing a self-growing off-world civilization. 

The shift, Musk explained, is driven by launch cadence and the urgency of securing humanity’s long-term survival beyond Earth, among others.

Why the Moon is now SpaceX’s priority

In a series of posts on X, Elon Musk stated that SpaceX is focusing on building a self-growing city on the Moon because it can be achieved significantly faster than a comparable settlement on Mars. As per Musk, a Moon city could possibly be completed in under 10 years, while a similar settlement on Mars would likely require more than 20.

“For those unaware, SpaceX has already shifted focus to building a self-growing city on the Moon, as we can potentially achieve that in less than 10 years, whereas Mars would take 20+ years. The mission of SpaceX remains the same: extend consciousness and life as we know it to the stars,” Musk wrote in a post on X.

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Musk highlighted that launch windows to Mars only open roughly every 26 months, with a six-month transit time, whereas missions to the Moon can launch approximately every 10 days and arrive in about two days. That difference, Musk stated, allows SpaceX to iterate far more rapidly on infrastructure, logistics, and survival systems.

“The critical path to a self-growing Moon city is faster,” Musk noted in a follow-up post.

Mars still matters, but runs in parallel

Despite the pivot to the Moon, Musk stressed that SpaceX has not abandoned Mars. Instead, Mars development is expected to begin in about five to seven years and proceed alongside the company’s lunar efforts.

Musk explained that SpaceX would continue launching directly from Earth to Mars when possible, rather than routing missions through the Moon, citing limited fuel availability on the lunar surface. The Moon’s role, he stated, is not as a staging point for Mars, but as the fastest achievable location for a self-sustaining off-world civilization.

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“The Moon would establish a foothold beyond Earth quickly, to protect life against risk of a natural or manmade disaster on Earth,” Musk wrote.

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