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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.
Elon Musk
SpaceX’s Anthropic deal has a catch, and Elon Musk just addressed it
Elon Musk says SpaceX’s Anthropic compute deal cuts both ways after Chamath floats higher prices.
Elon Musk pushed back on Sunday against the idea that SpaceX’s compute contract with Anthropic is a one way bet, after venture capitalist Chamath Palihapitiya argued the company could use a termination clause to charge the AI lab far more.
“It works both ways, of course. If compute becomes plentiful and cheap, SpaceX revenue will drop. No crying in the casino for either party,” Musk wrote on X Sunday evening, replying to a clip of Palihapitiya’s comments shared by AI commentator Rohan Paul.
On the All-In podcast released Sunday, Palihapitiya said either side can walk away from the agreement on 90 days’ notice. If data center supply tightens, he argued, SpaceX could exercise that option and bring the contract back at two to three times the current price, and Anthropic would have little choice but to accept. He called it “the kingmaking move,” according to BigGo Finance.
The clause itself is not new. SpaceX disclosed in its IPO filings in May that Anthropic would pay $1.25 billion per month for dedicated capacity at its Colossus clusters through May 2029, nearly $45 billion in total, with both companies able to terminate on 90 days’ notice, as Teslarati reported at the time. SpaceX’s later compute deals with Google and Reflection AI carry similar exit terms.
What has changed is the political backdrop. Palihapitiya’s thesis rests on incoming Democratic governors pulling tax incentives for data centers and slowing new construction. In Texas, Gov.-elect Gina Hinojosa campaigned on a moratorium on new data center approvals, and Deutsche Bank analysts warned last week that SpaceX’s Texas compute capacity could face delays. SpaceX and Tesla shares both fell after the midterm results.
A slowdown would favor companies that already own capacity. SpaceX acquired xAI in February and has been renting data centers to outside AI labs before the space is needed for Grok. At the Baron Investment Conference on Friday, Musk said SpaceX was “getting 50 billion a year for 35 billion dollar investments” and that it can bring a data center online in eight or nine months, compared to two and a half years for competitors. He also said SpaceX is tracking toward an annualized revenue rate above $100 billion in December, with a “best guess” of $500 billion by December 2027.
Musk’s reply points to the other side of the clause. Anthropic has signed large compute agreements with Amazon, Google and Microsoft, and if that capacity comes online faster than new construction slows, the AI lab would have its own leverage to renegotiate or leave. Musk has called Anthropic “obviously currently the leader in AI,” and it remains one of SpaceX’s largest compute customers.
SpaceX shares rose more than 2 percent in overnight trading late Sunday after closing Friday at $134.27, according to Stocktwits.
Elon Musk
Elon Musk spotlights the Starlink rescue that got through where no cell tower could
Elon Musk spotlighted how Starlink helped rescuers reach five people stranded in Kazakhstan’s snowy mountains.
Elon Musk put a spotlight on a mountain rescue in eastern Kazakhstan on Sunday, writing “Starlink saves lives” in response to a post describing how SpaceX’s satellite internet helped five stranded people reach emergency crews.
The post from DogeDesigner, which had been viewed more than 500,000 times by Sunday afternoon, said the group’s SUV broke down about 15 kilometers from the village of Kystau Kurchum in an area with no usable mobile network. Starlink carried their call for help and kept them in contact with rescuers, who used the connection to locate them.
The rescue itself took place in October. Local outlet YK.kz reported on October 22 that Kazakhstan’s Ministry of Emergency Situations responded to the breakdown in the Kurchum district of East Kazakhstan region and noted that the group stayed in touch through Starlink. Rescuers covered roughly 100 kilometers in a Trekol, a low pressure tire vehicle built for snow and marshland, then escorted the disabled SUV back to Kystau Kurchum. Nobody needed medical attention.
Starlink saves lives
— Elon Musk (@elonmusk) November 8, 2026
Conditions in the region were rough at the time. Kazakh broadcaster Channel 7 identified the five as hunters caught in a snow trap and said satellite communication allowed rescuers to pinpoint where they were. A spokesperson for the East Kazakhstan emergency department said a storm warning was in effect and urged residents not to leave populated areas unless necessary. The same weather stranded seven utility workers repairing power lines in the nearby Kuygan rural district, according to Tengrinews.
Kazakhstan has been one of Starlink’s more notable markets in Central Asia. Teslarati reported in 2024 that Starlink was serving 1,731 of the country’s 1,879 schools, with the country’s Education Minister saying it had set a new standard for internet service in schools.
Rescue stories like this one have followed Starlink for years, usually in places where ground networks fail or never existed in the first place. Then Florida CFO Jimmy Patronis called Starlink a “game changer” for search and rescue crews during Hurricane Milton, and SpaceX and T-Mobile switched on Starlink Direct to Cell in North Carolina to push emergency alerts to phones after Hurricane Helene.
The next target is dead zones for people who do not carry a dish at all. SpaceX is building out Starlink Mobile and earlier this week selected Qualcomm to supply core infrastructure for a planned terrestrial 5G network in the United States, which it intends to pair with its next generation satellite constellation.
Sunday’s post is at least the third time Musk has written “Starlink saves lives” on X this week, following identical posts on November 5 and November 7.
SpaceX plans to attempt what will be a defining moment in rocket reusability on Starship Flight 15.
As Elon Musk announced in a recent X post, SpaceX will attempt to catch both the Super Heavy Booster and the Starship upper stage during the upcoming orbital flight. If successful, it will mark the first time that all parts of an orbital rocket return to Earth intact, a breakthrough Musk has called essential to making life multiplanetary.
SpaceX will attempt to catch both the Super Heavy booster and Starship on the upcoming flight.
If both are successful, it will mark the first time that all parts of an orbital rocket return to Earth intact.
This is the critical breakthrough needed to make life multiplanetary.
— Elon Musk (@elonmusk) November 6, 2026
Previous flights have demonstrated the tower-catch technique with Super Heavy. SpaceX has successfully caught V1 boosters three times (on Flights 5, 7, and 8), with some even reflown. The Ship upper stage has never been caught.
Returning from orbital velocity after deploying payload makes it a significantly harder challenge due to higher energy, heat loads, and the need for precise belly-flop reentry, a flip maneuver, and a final landing burn to settle between the Mechazilla tower’s chopstick arms.
Flight 15, using Booster 22 and Ship 42 (both Block 3 vehicles), is targeted for no earlier than Friday, November 13, 2026, from Orbital Launch Pad 2 at Starbase, Texas. The 75-minute window opens at 4:45 p.m. CT, pending regulatory approval. After hot staging and separation, the booster is planned to return for a catch roughly 6 minutes and 35 seconds after liftoff.
The Ship will insert into a roughly 275 km orbit, deploy 26 advanced Starlink V3 satellites, complete about 14 orbits over more than 22 hours, and—if systems check out—perform a deorbit burn, reentry, flip, and landing burn for a tower catch at approximately T+22 hours 32 minutes.
SpaceX confirms Starship 15 launch window with massive ambitions
A simulation shown during SpaceX’s October earnings call depicted the Ship descending in a belly-flop attitude, flipping upright with a short engine burn, and being captured by the arms:
From simulation to reality
SpaceX is just ONE WEEK away from attempting its most ambitious Starship catch yet https://t.co/nHrxSX6DSz
— X Freeze (@XFreeze) November 6, 2026
Contingency splashdown zones exist in the Gulf of Mexico (booster) and Pacific (Ship) if a catch is not viable. SpaceX has stressed rigorous health checks before committing the Ship to a return-to-launch-site trajectory.
Musk has described the odds of success on this first dual-catch attempt as “more likely than not,” noting a steady stream of additional flights is already scheduled if needed. Full recovery would enable rapid inspection, refurbishment, and reflight—slashing costs and supporting the high launch cadence required for Starlink expansion, lunar missions, and eventual Mars settlement.
As Musk put it, this is “the critical breakthrough needed to make life multiplanetary.”
SpaceX’s Anthropic deal has a catch, and Elon Musk just addressed it
Elon Musk spotlights the Starlink rescue that got through where no cell tower could
