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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 board reveals reasoning for CEO Elon Musk’s new $1 trillion pay package

“Yes, you read that correctly: in 2018, Elon had to grow Tesla by billions; in 2025, he has to grow Tesla by trillions — to be exact, he must create nearly $7.5 trillion in value for shareholders for him to receive the full award.”

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(Credit: Tesla)

Tesla’s Board of Directors has proposed a new pay package for company CEO Elon Musk that would result in $1 trillion in stock offerings if he is able to meet several lofty performance targets.

Musk, who has not been meaningfully compensated since 2017, completed his last pay package by delivering billions in shareholder value through a variety of performance-based “tranches,” which were met and resulted in the award of billions in stock.

Elon Musk’s new pay plan ties trillionaire status to Tesla’s $8.5 trillion valuation

However, Musk was unable to claim this award due to a ruling by the Delaware Chancery Court, which deemed the payout an “unfathomable sum.”

Now, the company is taking steps to ensure Musk gets paid, as the Board feels that it is crucial to retain its CEO, who has been responsible for much of the company’s success.

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This is not a statement to undermine the work of all of Tesla’s terrific employees, but a ship needs to be captained by someone, and Musk has proven he is the right person for the job.

The Board also believes that, based on a statement made by the company in its proxy, various issues will be discussed during the upcoming Shareholder Meeting.

Robyn Denholm and Kathleen Wilson-Thompson recognized Musk’s contributions in a statement, which encouraged shareholders to vote to approve the payout:

“We’re asking you to approve the 2025 CEO Performance Award. In designing the new performance award, we explored numerous alternatives. Ultimately, the new award aims to build upon the success of the 2018 CEO Performance Award framework, which ensure that Elon was only paid for the performance delivered and incentivized to guide Tesla through a period of meteoric growth. The 2025 CEO Performance Award similarly challegnes Elon to again meet a series of even more aspirational goals, including operational milestones focused on reaching Adjusted EBITDA targets (thresholds that are up to 28 times higher than the 2108 CEO Performance Award’s top Adjusted EBITDA milestone) and rolling out new or expanded product offerings (including 1 million Robotaxis in commercial operation and delivery of 1 million AI Bots), all while growing the company’s market capitalization by trillions of dollars.

Yes, you read that correctly: in 2018, Elon had to grow Tesla by billions; in 2025, he has to grow Tesla by trillions — to be exact, he must create nearly $7.5 trillion in value for shareholders for him to receive the full award.

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In addition to these unprecedented performance milestones, the 2025 CEO Performance Award also includes innovative structural features, born out of the special committee’s considered analysis and extensive shareholder feedback. These features include supercharged retention (at least seven and a half years and up to 10 years to vest in the full award), structural protections to minimize stock price volatility due to administration of this award and, thereafter, incentives for Elon to participate in the Board’s continued development of a framework for long-term CEO Succession. If Elon achieves all the performance milestones under this principle-based 2025 CEO Performance Award, his leadership will propel Tesla to become the most valuable company in history.”

Musk will have a lot of things to accomplish to receive the 423,743,904 shares, which are divided into 12 tranches.

However, the Board feels he is the right person for the job, and they want him to remain the CEO. This package should ensure that he stays with Tesla, as long as shareholders feel the same way.

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Tesla Robotaxi app download rate demolishes Uber, Waymo all-time highs

After two and a half months of testing with a group of hand-picked Tesla influencers and some media, the company has officially launched Robotaxi rides in both Austin, Texas, and the California Bay Area to the public.

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Credit: @BLKMDL3 | X

Tesla launched its Robotaxi app to the general public yesterday, and the number of downloads is a testament to the platform’s high demand for testing.

After two and a half months of testing with a group of hand-picked Tesla influencers and some media, the company has officially launched Robotaxi rides in both Austin, Texas, and the California Bay Area to the public.

Tesla Robotaxi makes major expansion with official public app launch

Downloading the app is available to iOS users, so if you have an iPhone, you can get it and join the waitlist. Tesla has not yet launched the Robotaxi app for the Android platform, but did hint that it would be coming soon.

The testing phase with the group Tesla selected has gone well. In Austin, the City has only listed one “Safety Concern” with Robotaxi during the testing phase. For the most part, things have gone extremely well, and riders have had good things to say.

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Tesla is still operating with some safeguards in place, such as Safety Monitors and Safety Drivers, but these are precautionary and temporary; CEO Elon Musk has said they should be removed by the end of the year.

Elon Musk says Tesla will take Safety Drivers out of Robotaxi: here’s when

Even still, Tesla Robotaxi is something that many people want to experience, and the app downloads prove it.

The Tesla Robotaxi app was downloaded at a rate that exceeded all rolling 30-day periods of both Uber and Waymo, according to Brett Winton of ARK Invest. Tesla’s Robotaxi’s first day on the App Store exceeded Uber’s by 40 percent and Waymo’s best download day ever by six times:

The surge in downloads is a good indication of how in demand the Robotaxi suite was, as many people within the community had vocalized their requests to try the platform, but Tesla was not ready to expand it beyond its handpicked group.

The expansion of the program will result in more rides, provided Tesla continues to expand its fleet of vehicles. It has already admitted many of those who were initially placed on the waitlist.

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Elon Musk’s xAI expands to Seattle with salaries up to $440,000

The move was announced by the artificial intelligence startup and Elon Musk on social media platform X.

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(Credit: xAI)

Elon Musk’s artificial intelligence startup xAI is opening a new office in Seattle as it accelerates its global expansion. 

The move was announced by the artificial intelligence startup and Elon Musk on social media platform X. xAI is also hiring for its first positions in the new site.

New Seattle office

As could be seen on xAI’s Careers webpage, the Seattle office is currently hiring for three engineering roles. Each of the three technical roles tied to the new site carry salaries ranging from $180,000 to $440,000. 

The new office adds to xAI’s growing presence, which now spans San Francisco, Austin, London, Dublin, New York, and Memphis. The Seattle-based roles focus on video and image generation systems, signaling Musk’s intent to challenge rivals like OpenAI and Meta in generative AI.

Pressures and challenges

Seattle also places xAI within reach of Microsoft’s headquarters in Redmond. Microsoft has emerged as a central player in the AI race through its multibillion-dollar partnership with OpenAI, making xAI’s move into the region notable. The competition for AI specialists has pushed salaries higher across the industry, with filings showing OpenAI staff earning up to $530,000 and Anthropic engineers as much as $690,000 annually, as noted by Insider.

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The startup has also seen some high-profile departures in recent months, including cofounder Igor Babuschkin and general counsel Robert Keele. Still, xAI continues to grow aggressively, and its Grok large language model has been gaining momentum among mainstream users. Work also continues to be underway to further build out the company’s Colossus supercomputer cluster. Reports have also suggested that xAI has moved into San Francisco offices in the Mission District, a site Musk initially leased during OpenAI’s early years.

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