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Startup fined $900k for launching illegal satellites, points to future space law challenges

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Swarm Technologies, Inc., a satellite startup aiming to create the world’s lowest-cost satellite network, has been fined $900,000 by the U.S. Federal Communications Commission (FCC) for illegally launching and deploying four unauthorized satellites into orbit in January 2018 on a commercial Indian satellite launch vehicle. The satellites in question were Swarm’s SpaceBEE vehicles, which measure one quarter the size of a traditional CubeSat, a class of small satellites measuring 10 cm in height, width, and depth. In December 2017, the FCC deemed the SpaceBEE size too small for the U.S. Air Force’s traditional technology to track with routine methods and declined a license, but the satellites were placed into orbit regardless. With satellite and rocket launch startups proliferating as space access becomes more affordable, the debate over ensuring safety in this international arena is likely expand.

Swarm requested an experimental license from the FCC in April 2017, a first step for any satellite operator to ensure compliance with current international space laws, and their plan was to launch in September 2017, although that date was later delayed. Spaceflight Industries was next hired to connect Swarm with a launch provider and ensure its integration with the rest of the rocket’s payload. After the FCC declined the license in December 2017, Swarm applied for a new license in January 2018 for satellites meeting CubeSat specifications, but the original SpaceBEEs were already loaded onto the contracted Indian Polar Satellite Launch Vehicle (PSLV) and subsequently launched on January 12, 2018.

When news of the SpaceBEE deployment broke, concerns over regulatory backlash spread throughout the satellite community. The FCC issued an Enforcement Advisory on April 12, 2018 warning about consequences for communications companies failing to comply with licensing requirements, including a note to launch providers on how launch activities may be impacted if an unauthorized satellite payload needs to be removed. In a decision released December 20, 2018, Swarm Technologies was ordered to pay the fine and implement a five-year compliance plan.

A depiction of Swarm’s SpaceBEE satellites, from their FCC license application. | Credit: Swarm Technologies/FCC

Since the very first satellite was successfully launched by the Soviet Union on October 4, 1957, activities in space have been largely conducted by national governments and companies affiliated with them. However, the new space era is quickly changing that environment, rapidly opening up the beyond-Earth domain to private citizens. Billionaires like Elon Musk of Tesla and SpaceX, Jeff Bezos of Amazon and Blue Origin, and Richard Branson of Virgin and Virgin Galactic have mostly been the face of private/commercial space industry in recent years, but the technologies they’ve developed are also ushering in a new wave of affordable access to space, and with it, new technologies that don’t fit the traditional mold of “old space”.

The legal foundation for current space laws is the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, i.e., the “Outer Space Treaty”. Under this Treaty and subsequent treaties and laws arising from it, states, or nations, rather, are responsible for any space activities conducted by their own nationals, meaning a regulatory process that must be enforced. Where access to space was once expensive and difficult, the significantly lowered threshold has brought in a field full of players ready to take their shot at participating in the coming space economy and maybe, as seen with Swarm Technologies, even take a few risks to get there.

While the illegal launch of Swarm’s satellites was caught rather quickly (first by the community of amateur space trackers) and action was taken to penalize it, what’s to stop nations in the future from lowering standards to attract private customers? As stated in the FCC’s Enforcement Advisory, “Satellites authorized by an administration other than the United States do not require any FCC approval if Earth station operations are exclusively outside the United States.” Pressure from the international community to comply with treaties will only work to the extent that 1) the penalties deter the profit potential from the industry; 2) the international community agrees the activity is actually unsafe; and 3) the resistance to reforming regulations to permit the activity in question is deemed justified. Innovation, especially out of Silicon Valley, has a history of breaking rules to bring about significant change; however, some would argue that space isn’t the place for that approach.

The thrice-flown, Falcon 9 Block 5 rocket that put Swarm’s recent 3 satellites in orbit (all FCC approved): SpaceBEE-5, 6, and 7. | Credit: Pauline Acalin

The problem seems to be a simple matter of ethics: Don’t launch things into space that aren’t safe for Earth’s occupants. But according to the FCC, Swarm’s proposed satellites were merely “below the size threshold at which detection by the Space Surveillance Network (SSN) can be considered routine.” The licensing issue seemed to generally only be safety-related because of the satellites’ irregularity, not from the lack of actual tracking capability, something that is only going to increase as more players enter the new space arena.

Another point worth consideration is that Swarm’s SpaceBEE satellites are actually trackable using the same SSN network the FCC cited in its rejection of Swarm’s license request, and live tracking is ongoing via an independent tracking service called LeoLabs. According to Dr. Sara Spangelo, one of the co-founders of Swarm Technologies, the satellites are equipped with radar retro-reflector technology, something developed by a US-Navy research and development lab, which makes their radar signature as bright as a CubeSat. The FCC has also granted the company a temporary experimental authorization to test the previously-illegal satellites’ orbital and tracking data. Thus, the question for the future is not so much whether the safety concerns are valid, but whether preventative rules will be waived where newer technology can demonstrate their compliance outside traditional standards.

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Accidental computer geek, fascinated by most history and the multiplanetary future on its way. Quite keen on the democratization of space. | It's pronounced day-sha, but I answer to almost any variation thereof.

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Tesla briefly offered this Robotaxi part for your personal car

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Credit: @tpgoebel | X

Tesla briefly offered one Robotaxi part in its Parts Catalog for your personal car, only to remove it just a short time after it was first noticed.

Tesla’s Robotaxi camera washer apparatus was briefly available for purchase on the company’s Online Parts Catalog. The camera washer was first noticed on Model Y Robotaxi vehicles about six months ago in Austin.

First noticed by Not a Tesla App, the Camera Washer entries appeared for the new “Juniper” Model Y under a category called “Halo,” which has also now disappeared. Interestingly, Halo probably is related to Tesla’s internal “Project Halo,” which was a project that aimed to retrofit customer-owned Model Ys into functional Robotaxis.

This hardware addition would likely be required for the vehicle to operate as a Robotaxi, as the Camera Washer seems to be a non-negotiable part of the vision-based system Tesla utilizes for self-driving efforts.

However, this part has since been removed and is no longer visible on the EPC.

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Now the true question lingers: Why would Tesla add this Camera Washer to the Model Y parts catalog? Is it planning to make it available for owners to utilize on their own cars for personal use, or will it become a prerequisite for Robotaxi operation in customer-owned cars?

While discussing the upgrade options for Hardware 3 vehicles during the Q1 Earnings Call, Tesla CEO Elon Musk had said that the company could establish small, satellite shops that would upgrade cameras and self-driving computers. Perhaps this same strategy could be utilized for vehicles that want to be included in Robotaxi but do not have the correct hardware.

AI4 is currently represented as capable of unsupervised self-driving, and the same was said about HW3 at one point, only for Tesla to admit last quarter that it would, unfortunately, not be possible. Perhaps AI4 vehicles might need this camera washer as a prerequisite, just as HW3 cars will need that camera and computer upgrade.

This could be the first hint of that’s where we are headed.

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Tesla Robotaxi gets sweeping but polarizing change

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Credit: Tesla

Tesla has started rolling out a broader change to the ride experience for its Robotaxi fleet by silencing turn signals, but the change is certainly polarizing.

Tesla has generally made it clear that its purpose-built ride-hailing platform, Robotaxi, will cater to the rider in nearly every way possible. This includes having climate preferences, music, and other personal settings loaded up in the car as the rider enters.

But Tesla is taking it a step further by muting turn signal chimes altogether, a change that appears to be a way to make the ride more peaceful:

However, there are a handful of people who are not thrilled about this change. Turn signals are a conditioned part of the human mind for those who ride in a car regularly.

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Taking a turn without one feels strange and odd, and not hearing it click while activated could set off some alarms for riders, who might use the noise as confirmation that other drivers know of their intention to turn.

Turn signal noises are still audible in customer cars, so if you use FSD in your personal vehicle, you will still hear the turn signal.

The move is certainly one that is unique, but not one that separates it from other ride-sharing services. In a normal car, the clicking sound confirms to the driver that the blinker is active. In a fully driverless Robotaxi, that feedback serves no purpose for passengers, other than peace of mind.

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Tesla Full Self-Driving v14.3.6 review: a rare regression, but some bright spots

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Credit: Tesla

Tesla released Full Self-Driving version 14.3.6 last week, and after what was potentially one of the best FSD releases in v14.3.5, there has been a bit of a regression. While there are some bright spots, the changes made to v14.3.6 seem to have backtracked some behaviors.

Overall, it is hard to really complain about FSD in any sense; it has revolutionized how I travel literally anywhere. According to my self-driving app, the last time I went a day without using it was 59 days ago.

However, I think it’s also important to recognize when things are just plain bad with FSD. There are times it does truly mind-boggling things, and I’ll dive into those here. Additionally, I only had these issues on local roads, not on highways. Highway operation, generally, is always incredible other than the occasional complaint about speed or left lane camping.

With those things being said, my personal experience may not represent others’ experiences. A handful of people have said they have had a similar experience on v14.3.6, while others have said it is more than normal.

Turning Hesitancy, Inaccuracy

I’ve noticed more inaccuracy turning into multi-lane stretches of road than in any version I can remember. I’ve had at least three instances of FSD turning into a stretch of roadway that has two or more lanes, and not selecting a lane confidently as it has in past versions.

Instead, the car will drive over one of the dashed road lines, and the steering wheel will jerk back and forth before picking the lane. It should be said that it has always picked the correct lane when choosing based on the navigation, but it is still very indecisive. The steering wheel jerking is reminiscent of some of the later versions of v13.

I admit I really hate to see the steering wheel jerking come back. However, I think when Tesla releases v14.3.7, it won’t be present. When there are occurrences of it in FSD versions, it is usually resolved by the following release.

FSD Disregards Manual Turn Signals

This is my biggest bone to pick with FSD other than Navigation issues, but this one seems like it would be such an easy fix.

If Tesla is going to put the word “Supervised” on the end of “Full Self-Driving,” then when I tell the car to do something, it should do it. If I input an increase in speed by pressing the accelerator, the car will immediately respond. It does not disregard my input because it feels it is traveling at the right speed.

FSD should never disobey and turn off turn signals that the driver inputs. Trying to direct the car into the correct lane, I had initiated the left turn signal not once, not twice, but three times, with the car turning it off all three times and continuing in a lane that would end in just one block. The only solution at this point would be to zipper merge.

This goes back to the fact that self-driving’s biggest bottleneck might be rider preference. A zipper merge might have been more than reasonable, might have saved me time that I spent sitting through an additional light cycle, and might be something many drivers would do. I was in no hurry, I traditionally do not try to zipper merge because it feels inconsiderate, and lastly, the car should have just followed my input.

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This caused me to disengage and drive manually the rest of the way home. Sometimes I just do not need FSD to try to pass every car it can at intersections.

Bird Braking is a Thing of the Past

The big complaint with recent versions of Full Self-Driving has been what we’ve coined as “bird braking,” which is when the car will brake suddenly as a bird flies past.

There have been zero issues with this so far in v14.3.6, which is an excellent improvement.

FSD Might Already Be Taking Note of Driver Preferences

Another thing I have noticed over the past few days is that v14.3.6 seems to already be taking my preferences with navigation into account.

This is something that is supposed to be rolling out with the Summer Update, but I have a hunch it’s already present and might have been included in this v14.3.6 build. On Friday, FSD pulled into an entrance to a local convenience store that it had never attempted to go into before.

Typically, I manually pull into this entrance because it avoids heavy cross traffic at the main entrance. FSD has always chosen that congested main entrance.

Additionally, FSD has pulled into my assigned parking spot at my townhouse community on multiple occasions with this release. This is something that used to happen ocassionally, but not consistently.

It also navigated back to the same convenience store last night, drove through crazy cars scrambling to gas pumps, navigated out of the parking lot correctly, drove me home, and, once again, parked in my assigned spot.

As previously stated, this release just seems to have a few things that need to be brought to Tesla’s attention, and also to make others who use FSD aware of some things that I’ve experienced. I look forward to the next release that will remedy these issues, just as Tesla has always done in the past.

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