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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.

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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.

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 investors will be shocked by Jim Cramer’s latest assessment

Jim Cramer is now speaking positively about Tesla, especially in terms of its Robotaxi performance and its perception as a company.

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Credit: CNBC Television/YouTube

Tesla investors will be shocked by analyst Jim Cramer’s latest assessment of the company.

When it comes to Tesla analysts, many of them are consistent. The bulls usually stay the bulls, and the bears usually stay the bears. The notable analysts on each side are Dan Ives and Adam Jonas for the bulls, and Gordon Johnson for the bears.

Jim Cramer is one analyst who does not necessarily fit this mold. Cramer, who hosts CNBC’s Mad Money, has switched his opinion on Tesla stock (NASDAQ: TSLA) many times.

He has been bullish, like he was when he said the stock was a “sleeping giant” two years ago, and he has been bearish, like he was when he said there was “nothing magnificent” about the company just a few months ago.

Now, he is back to being a bull.

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Cramer’s comments were related to two key points: how NVIDIA CEO Jensen Huang describes Tesla after working closely with the Company through their transactions, and how it is not a car company, as well as the recent launch of the Robotaxi fleet.

Jensen Huang’s Tesla Narrative

Cramer says that the narrative on quarterly and annual deliveries is overblown, and those who continue to worry about Tesla’s performance on that metric are misled.

“It’s not a car company,” he said.

He went on to say that people like Huang speak highly of Tesla, and that should be enough to deter any true skepticism:

“I believe what Musk says cause Musk is working with Jensen and Jensen’s telling me what’s happening on the other side is pretty amazing.”

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Tesla self-driving development gets huge compliment from NVIDIA CEO

Robotaxi Launch

Many media outlets are being extremely negative regarding the early rollout of Tesla’s Robotaxi platform in Austin, Texas.

There have been a handful of small issues, but nothing significant. Cramer says that humans make mistakes in vehicles too, yet, when Tesla’s test phase of the Robotaxi does it, it’s front page news and needs to be magnified.

He said:

“Look, I mean, drivers make mistakes all the time. Why should we hold Tesla to a standard where there can be no mistakes?”

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It’s refreshing to hear Cramer speak logically about the Robotaxi fleet, as Tesla has taken every measure to ensure there are no mishaps. There are safety monitors in the passenger seat, and the area of travel is limited, confined to a small number of people.

Tesla is still improving and hopes to remove teleoperators and safety monitors slowly, as CEO Elon Musk said more freedom could be granted within one or two months.

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Tesla launches ultra-fast V4 Superchargers in China for the first time

Tesla has V4 Superchargers rolling out in China for the first time.

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Credit: Tesla

Tesla already has nearly 12,000 Supercharger piles across mainland China. However, the company just initiated the rollout of the ultra-fast V4 Superchargers in China for the first time, bringing its quick-charging piles to the country for the first time since their launch last year.

The first batch of V4 Superchargers is now officially up and running in China, the company announced in a post on Chinese social media outlet Weibo today.

Tesla China teases arrival of V4 Superchargers in 2025

The company said in the post:

“The first batch of Tesla V4 Superchargers are online. Covering more service areas, high-speed charging is more convenient, and six-layer powerful protection such as rain and waterproof makes charging very safe. Simultaneously open to non-Tesla vehicles, and other brands of vehicles can also be charged. There are more than 70,000 Tesla Superchargers worldwide. The charging network layout covers 100% of the provincial capitals and municipalities in mainland China. More V4 Superchargers will be put into use across the country. Optimize the charging experience and improve energy replenishment efficiency. Tesla will accompany you to the mountains, rivers, lakes, and seas with pure electricity!”

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The first V4 Superchargers Tesla installed in China are available in four cities across the country: Shanghai, Zhejiang, Gansu, and Chongqing.

Credit: Tesla China

Tesla has over 70,000 Superchargers worldwide. It is the most expansive and robust EV charging network in the world. It’s the main reason why so many companies have chosen to adopt Tesla’s charging connector in North America and Europe.

In China, some EVs can use Tesla Superchargers as well.

The V4 Supercharger is capable of charging vehicles at speeds of up to 325kW for vehicles in North America. This equates to over 1,000 miles per hour of charging.

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Elon Musk hints at when Tesla could reduce Safety Monitors from Robotaxi

Tesla could be reducing Safety Monitors from Robotaxi within ‘a month or two,’ CEO Elon Musk says.

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Credit: Joe Tegtmeyer | X

Elon Musk hinted at when Tesla could begin reducing Safety Monitors from its Robotaxis. Safety Monitors are Tesla employees who sit in the front passenger seat during the driverless rides, and are there to ensure safety for occupants during the earliest rides.

Tesla launched its Robotaxi fleet in Austin last Sunday, and after eight days, videos and reviews from those who have ridden in the driverless vehicles have shown that the suite is safe, accurate, and well coordinated. However, there have been a few hiccups, but nothing that has put anyone’s safety in danger.

A vast majority — close to all of the rides — at least according to those who have ridden in the Robotaxi, have been performed without any real need for human intervention. We reported on what was the first intervention last week, as a Safety Monitor had to step in and stop the vehicle in a strange interaction with a UPS truck.

Watch the first true Tesla Robotaxi intervention by safety monitor

The Tesla and UPS delivery truck were going for the same street parking space, and the Tesla began to turn into it. The UPS driver parallel parked into the spot, which was much smaller than his truck. It seemed to be more of an instance of human error instead of the Robotaxi making the wrong move. This is something that the driverless cars will have to deal with because humans are aggressive and sometimes make moves they should not.

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The Safety Monitors have not been too active in the vehicles. After all, we’ve only seen that single instance of an intervention. There was also an issue with the sun, when the Tesla braked abnormally due to the glare, but this was an instance where the car handled the scenario and proceeded normally.

With the Robotaxi fleet operating impressively, some are wondering when Tesla will begin scaling back both the Safety Monitors and Teleoperators that it is using to ensure safety with these early rides.

CEO Elon Musk answered the inquiry by stating, “As soon as we feel it is safe to do so. Probably within a month or two.”

Musk’s response seems to confirm that there will be fewer Teleoperators and Safety Monitors in the coming months, but there will still be some within the fleet to ensure safety. Eventually, that number will get to zero.

Reaching a point where Tesla’s Robotaxi is driverless will be another significant milestone for the company and its path to fully autonomous ride-sharing.

Eventually, Tesla will roll out these capabilities to consumer-owned vehicles, offering them a path to generate revenue as their car operates autonomously and completes rides.

For now, Tesla is focusing on perfecting the area of Austin where it is currently offering driverless rides for just $4.20 to a small group of people.

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