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Startup fined $900k for launching illegal satellites, points to future space law challenges
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.
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 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.
Tesla Full Self-Driving, which is now referred to in Europe as “Tesla Assisted Driving” (TAD), is getting hit with a handful of new changes at the hands of the Netherlands’ vehicle authority, the RDW (Rijksdienst voor het Wegverkeer).
On 3 November, the RDW announced that it has assessed and approved a set of changes to Tesla’s FSD Supervised driver-assistance system. The updates introduce the official European name TAD and impose stricter controls on the system’s speed behaviour.
The new name will appear on the in-car display, in the owner’s manual, and in all other driver-facing information. The change applies to Tesla models equipped with Tesla Assisted Driving and hardware version 4.0 (HW4) or later.
Importantly, the RDW stressed that the name change does not alter the system’s fundamental operation: it remains a supervised driver-assistance feature that supports the driver in performing driving tasks. The driver stays fully responsible for controlling the vehicle at all times.
Beyond the rebranding, the most significant functional adjustments concern speed settings. Drivers will still be able to set a speed margin, a percentage by which the system may exceed the applicable speed limit when necessary for safety or traffic flow. However, the maximum allowable margin has been reduced from +50% to a maximum of +10%.
In addition, every time the vehicle is started, the speed-margin setting will default to 0% deviation, and other speed-related functions will be disabled by default. These changes will be delivered through an over-the-air (OTA) software update from Tesla.
Tesla requested the RDW’s review of these “minor changes.” After evaluating how the modifications were implemented and how the system behaves, the authority found no adverse or unintended effects on the system’s operation or the vehicle’s driving behaviour. Consequently, the existing type approval remains valid under the same conditions and for the same use; no amendment or extension of the approval is required.
The RDW has informed the nine EU member states that have already accepted its type approval—Belgium, Denmark, Estonia, Croatia, Latvia, Lithuania, Slovenia, Slovakia and Czechia—about the updates. Broader EU-wide approval is still under discussion within the European Technical Committee on Motor Vehicles (TCMV). Those proceedings remain confidential, and the RDW has declined to comment on them.
The approved changes align with earlier discussions involving German authorities, which had advocated both for clearer naming to avoid misleading drivers and for a tighter speed offset.
By formally incorporating these adjustments while leaving the core type approval intact, the RDW has cleared the way for Tesla to roll out the updated TAD software via OTA to eligible vehicles in the Netherlands and the other countries that recognise the Dutch approval. The system continues to function strictly as supervised driver assistance, with the human driver remaining the responsible party.
Tesla has released a fresh point-of-view video capturing the next-generation Roadster’s headline stunt from its October 15 unveiling, giving fans a visceral look at the car as it jumps and rotates over its siblings within the company’s vehicle lineup.
Tesla posted the video on X today with the caption “POV you’re a flying car,” and the roughly 30-second clip reveals never-before-seen angles directly attached to the Roadster. It’s really unbelievable:
The sequence reveals the uncrewed prototype firing its cold-gas thrusters, lifting off the ground, and barrel-rolling fully inverted while sailing over a staged lineup that includes a Model 3, Model Y, Cybercab, Cybertruck, and Tesla Semi.
Here’s an image of it that Tesla shared right after the unveiling event for a better perspective of what you’re looking at:
Credit: Tesla
There are also some other cool takeaways from the video, including the shift to the inverted-ramp demonstration. The Roadster uses its underbody suction-fan system to climb, then lock itself upside down on the ramp.
This generates multiple Gs of downforce, which then translates into the Roadster releasing these systems to enable a mid-air roll. The car then settles on its wheels gently as thruster vapor provides a perfect cushion.
All of the runs at SpaceX’s McGregor, Texas, test site, which is where the unveiling took place, were autonomous. Elon Musk stated this was a safety measure.
Tesla shows what Roadster drivers will see on screen before thruster activation
Tesla’s vehicle-engineering chief Lars Moravy dubbed the mid-air roll the “kickflip,” prompting Musk to quip that Tony Hawk would be proud and that the car could clear even more of the fleet. The thrusters, which use high-pressure compressed air and fast electric actuators, provide the precise, short-duration force needed for both the launch and the controlled rotation; the same hardware is intended for production versions of the higher-end Thrust and Rocket trims.
The second-generation Roadster, first teased in 2017, has been delayed repeatedly. Musk has indicated production is targeted for 2028.
While the company has yet to publish full pricing or independent performance verification, the combination of extreme acceleration, ground-effect suction, and limited flight capability has already positioned the car as one of the most theatrical EV reveals in years.
Musk has also said Tesla plans a dedicated Texas test track so future owners can experience the maneuvers themselves, far from public roads. The new POV clip simply lets everyone else feel a fraction of that experience from the car’s own cameras.
News
SpaceX’s Starfall just went from secret to storefront
SpaceX now pitches Starfall missions with 1,000 kg payloads, weeks of microgravity, and Starlink connectivity.
SpaceX has put up a dedicated commercial page for Starfall, its disk shaped reentry capsule, laying out for the first time what customers actually get when they book a flight. The page, live at spacex.com/starfall, pitches “affordable, routine access to microgravity” and invites companies to get in touch about flying manufacturing, research or testing payloads.
The specs are short and specific. Each Starfall mission carries up to 1,000 kg of payload, supplies 1 kW of power and connects through an Ethernet interface. Mission length is tailored to the customer, and the payload stays online the entire time through Starlink, which means researchers can pull data from an experiment while it is still in orbit instead of waiting for splashdown.
SpaceX is launching a secret spacecraft that could change how things are made in space
SpaceX is aiming the service at three markets. Biomedical customers are told they can grow stem cell organoids, replacement tissue and layered biomaterials. Pharmaceutical companies are pitched on protein and small molecule drug crystals, which form smaller and more uniform shapes without gravity driven convection. Materials science rounds out the list, with semiconductors and other next generation materials grown in vacuum and microgravity.
The page also makes clear which rocket SpaceX is counting on. “By launching on Starship, Starfall brings a reliable and scalable cadence previously unavailable to the market,” the company wrote, contrasting weeks of continuous microgravity with the seconds offered by drop towers and parabolic flights. No price or first operational flight date is listed.
The commercial push is a sharp turn from how Starfall started. SpaceX said almost nothing about the capsule ahead of its first flight in June, and nearly everything known came from FAA and FCC filings describing a disk about 10.2 feet wide and 2.5 feet tall that can return 2,200 pounds of cargo. By its second flight on the Bandwagon-5 rideshare in October, Starfall was listed by name on the mission page, though SpaceX still did not say what it carried.
Customers appear to be lining up. SpaceX said in its third quarter results that it signed three commercial Starfall missions during the quarter. On the earnings call, President Gwynne Shotwell described the capsule as providing “routine relatively low cost access to microgravity environments for scientific research, including improving our understanding of diseases like cancer and diabetes,” and said the three new missions would fly on Starship.
The branding effort extends past the website. SpaceX added a Starfall T-shirt to its online store on Monday as part of a batch of new merchandise, giving the program a place next to Starship, Starlink and Starshield in the company’s lineup.
The move also puts SpaceX in more direct competition with companies it launches. Varda Space Industries, which has built much of the in-space manufacturing market so far, flew its W-Series 7 capsule on the same Bandwagon-5 mission as Starfall in October. Varda’s capsules are roughly three times smaller than Starfall, and SpaceX controls the ride to orbit for both.
Starfall’s near term cadence depends on Starship. SpaceX is preparing for Flight 15 after completing static fires of Ship 42 and its Super Heavy booster in late October, and is aiming to catch both stages with the launch tower on that flight.
Tesla Full Self-Driving gets hit with some adjustments in Europe
Tesla shows off Roadster ‘kickflip’ over vehicle lineup in crazy new POV video
