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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: Self-sustaining city on Mars is plausible in 25-30 years

Musk noted that true self-sufficiency requires Mars to develop “all the ingredients of civilization.”

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Credit: Elon Musk/X

Elon Musk has stated that a self-sustaining human settlement on Mars could be established in 25-30 years, provided launch capacity increases dramatically in the coming decades. 

Speaking at the All-In Summit, the SpaceX CEO said building a self-sufficient colony depends on exponential growth in “tonnage to Mars” with each launch window, highlighting Starship’s role as the company’s pathway to interplanetary initiatives.

Mars settlement goals

Musk noted that true self-sufficiency requires Mars to develop “all the ingredients of civilization,” from food production to microchip manufacturing. Starship Version 3 is expected to support the first uncrewed Mars test flights, while future iterations could reach 466 feet in height and deliver larger payloads critical for settlement. Ultimately, Musk stated that an aggressive timeline for a city on Mars could be as short as 30 years, as noted in a Space.com report.

“I think it can be done in 30 years, provided there’s an exponential increase in the tonnage to Mars with each successive Mars transfer window, which is every two years. Every two years, the planets align and you can transfer to Mars. 

“I think in roughly 15, but maybe as few as 10, but 10-15-ish Mars transfer windows. If you’re seeing exponential increases in the tonnage to Mars with each Mars transfer window, then it should be possible to make Mars self-sustaining in about call it roughly 25 years,” Musk said. 

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Starship’s role

Starship has flown in a fully stacked configuration ten times, most recently in August when it completed its first payload deployment in orbit. The next flight will close out the Version 2 program before transitioning to Starship Version 3, featuring Raptor 3 engines and a redesigned structure capable of lifting over 100 tons to orbit.

While SpaceX has demonstrated Super Heavy booster reuse, Ship reusability remains in development. Musk noted that the heat shield is still the biggest technical hurdle, as no orbital vehicle has yet achieved rapid, full reuse.

“For full reusability of the Ship, there’s still a lot of work that remains on the heat shield. No one’s ever made a fully reusable orbital heat shield. The shuttle heat shield had to go through nine months of repair after every flight,” he said. 

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SpaceX is partnering with chipmakers to enable Starlink satellite-to-cell service

President Gwynne Shotwell outlined the effort during a space industry conference in Paris.

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Credit: SpaceX/X

SpaceX is working with microchip manufacturers to integrate satellite-connectivity hardware into smartphones, advancing its plan for direct-to-device services through Starlink. 

The move follows the company’s $17 billion acquisition of wireless spectrum from EchoStar Corp., a deal that positions SpaceX to operate more independently of traditional telecom carriers. 

President Gwynne Shotwell outlined the effort during a space industry conference in Paris this week, as noted in a Bloomberg News report.

Starlink direct-to-device

Starlink currently serves millions of customers in over 100 countries, primarily through ground-based dishes. The company, however, is now expanding into satellite-to-cell service, which should enable unmodified phones to connect directly with orbiting satellites. While SpaceX has a partnership with T-Mobile US, the EchoStar spectrum purchase gives it more control to negotiate with global carriers on its own terms.

“We’re working with chip manufacturers to get the proper chips in phones,” the SpaceX President stated. “We will now be initiating discussions with telcos in a different way now. Now it’s our spectrum, but we want to work with them, almost providing capacity and wholesaling capacity to their customers.”

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The company plans to launch satellites capable of supporting its direct-to-device business within two years, with early mobile phone testing expected by late 2026.

Starship program continues test flights

Shotwell also addressed SpaceX’s Starship program, which recently completed its 10th test flight in August. She said the mission met all objectives, providing a critical morale boost to teams after a challenging development year. 

“My Starship team needed that win,” Shotwell noted. “Development programs always are kind of a 24/7 operation, and I was really pleased for them.”

SpaceX is planning to fly one more iteration of the current Starship prototype, known as V2, before transitioning to the next-generation V3 vehicle. That version, expected to debut late this year or early 2026, is designed to be more capable and support eventual crewed missions to the Moon and Mars. 

“The V3, which we want to fly hopefully late this year, but maybe early next year, is really the vehicle that could take humans to the moon and Mars,” Shotwell stated.

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U.S. Judge dismisses lawsuit against SpaceX Starship Boca Chica launch site

The ruling found that the FAA had met its obligations in reviewing the potential environmental effects of Starship launches.

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(Credit: SpaceX)

A U.S. district court judge has dismissed a lawsuit brought by conservation groups challenging the Federal Aviation Administration’s approval of SpaceX’s expanded rocket launch operations in Boca Chica, Texas. 

The ruling, issued Monday, found that the FAA had met its obligations in reviewing the potential environmental effects of Starship launches.

FAA review withstands legal challenge

The lawsuit centered on whether the FAA properly assessed the impact of SpaceX’s operations on endangered wildlife, including ocelots, jaguarundis, and Kemp’s Ridley sea turtles, as noted in a report from The Guardian. The plaintiffs argued that noise, light pollution, and construction activity degraded the surrounding habitat, which also serves as nesting grounds for threatened shorebirds.

The lawsuit cited SpaceX’s April 2023 Starship test, which destroyed its launchpad and scattered debris across a large area. The blast reportedly ignited a grassfire and damaged wildlife habitats, including a bobwhite quail nest.

Judge Carl Nichols, for his part, ruled that the FAA had satisfied its obligation“to take a hard look at the effects of light on nearby wildlife.” The decision effectively cleared a regulatory hurdle for SpaceX, which has been working to expand Starship launch activity at its Boca Chica facility.

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A continued ramp

SpaceX continues to scale its operations nationwide. Beyond Starship, the company is also seeking approval to nearly double Falcon rocket launches from Vandenberg Space Force Base in California, from 50 annually to 95. 

Former President Trump has also shared his intention to increase U.S. launch capacity, setting a target for substantial growth by 2030. Considering that SpaceX is by far the world’s dominant launch provider, Trump’s support for more launches will likely benefit the private space company.

For now, at least, the ruling should allow continued expansion at a time when Starship remains central to long-term goals such as Mars missions and NASA’s Artemis program.

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