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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.
Investor's Corner
Tesla opens the Q&A for its biggest earnings call yet
Tesla opens its Q3 earnings Q&A, and Cybercab, Robotaxi, Optimus and regulators loom over October 21.
Tesla has opened its shareholder question portal for the Q3 2026 earnings call, with the Say Q&A page already listing questions. Investors have until 4:00 p.m. EDT on October 20 to submit and vote on what management should answer.
The call is set for Wednesday, October 21. Tesla will post results after the market closes, with a live webcast at 4:30 p.m. CT, or 5:30 p.m. ET, through its investor relations site.
Say ranks questions by the number of shares behind the votes, which gives institutional holders extra weight over the retail crowd.
Ahead of Q2, retail investors asked why Robotaxi growth had stalled, when Cybercab would start customer rides, and where the Optimus Gen 3 ramp stood, while an institutional holder asked how Tesla and SpaceX would split Terafab duties. Cybercab has since answered one of those. Tesla said last week it has 300 plus Cybercabs serving Austin, up eightfold in 30 days, with Dallas named as the next city. The questions now are likely to move from when to how fast.
There is also a regulatory question hanging over the call. NHTSA has demanded sworn answers on how the pedal free Cybercab was certified against federal safety standards, with responses due October 30, nine days after the call. Whether an analyst raises it live is unknown, but it is the kind of exposure that tends to find its way into a Q&A.
The numbers will not be the main draw. Tesla already reported 486,532 deliveries and 13.7 GWh of storage for the quarter. Consensus sits around 43 to 45 cents per share on roughly $27.8 billion in revenue, according to Zacks, after a Q2 report that missed on EPS. Goldman Sachs, which holds a Neutral rating and a $360 target, argues the outlook for Robotaxi, FSD and Optimus will matter more to the stock than the quarter itself.
The call also lands six days after the rescheduled Roadster event, which Tesla will stream on X on Thursday, October 15, at 7:55 p.m. CT. If the Roadster shows up with a production date or a SpaceX thruster package, expect it to climb the voting list before the deadline.
Elon Musk
Ukraine says Starlink is cutting out its military drones as Poland calls out Elon Musk
Ukrainian officials allege SpaceX limited military Starlink speeds, disrupting drone missions; SpaceX has not commented.
Ukrainian officials are accusing SpaceX of placing a speed limit on the military version of Starlink that their forces use to fly drones, but SpaceX has not confirmed that any change was made. Presidential adviser Serhiy Beskrestnov said in a Telegram post on Wednesday that Starshield terminals have begun losing service when they move faster than about 100 miles per hour, according to a Reuters report. “Our defense forces did not receive a warning about this limitation, and this led to the disruption of several missions,” he wrote.
Ukraine’s 7th Rapid Reaction Corps told Reuters that connections dropped for 10 to 20 seconds at just 68 to 75 mph, which made the drones harder to control. Volunteer Serhiy Sternenko, citing military reports, said the dropouts are now starting at 37 to 43 mph. These accounts come from Ukrainian officials and military sources and have not been independently verified. Regular civilian terminals were reportedly not affected, according to EUalive.
.@POTUS: We told Zelensky, ‘You can do whatever you want to Russia, but don’t hit the refineries because that’s a world problem.’ And what does he do? He goes and hits the diesel fuel. He better damn well stop. https://t.co/CdRlMcPlKr
— Rapid Response 47 (@RapidResponse47) October 10, 2026
SpaceX has not publicly commented or explained what, if anything, changed. Beskrestnov and other Ukrainian officials believe the issue is intentional and point to the timing. Washington has been pressing Kyiv to stop long range strikes on Russian oil refineries after President Trump called for an “energy ceasefire,” and Musk posted on Saturday that “Zelensky has gone too far.” EUalive noted that neither Ukrainian nor Polish officials have presented evidence that the limit was ordered by Washington or by SpaceX, so the link to politics remains an allegation. Other explanations, such as a technical or policy change affecting fast moving terminals, have not been ruled out.
Poland’s foreign minister, Radosław Sikorski, responded on X by quote tweeting a Kyiv Independent report and writing: “Hey, @elonmusk, big man, are you playing politics with your products again? As your European customers, we are watching you.” Poland is the largest funder of Ukraine’s Starlink service, having supplied more than 29,000 terminals and covering operating costs Sikorski has put at roughly $50 million a year. The wording echoes their 2025 clash, when Musk told Sikorski to “be quiet, small man.” At the time of writing, neither Musk nor SpaceX had responded to the claims.
Hey, @elonmusk, big man, are you playing politics with your products again?
As your European customers, we are watching you.— Radosław Sikorski 🇵🇱🇪🇺 (@sikorskiradek) October 14, 2026
The dispute sits on top of a long history. Musk confirmed in February 2022 that Starlink was active in Ukraine after a request from a Ukrainian minister. That October, SpaceX asked the Pentagon to share the bill and Musk said the cost was approaching $20 million a month, before he reversed course and said SpaceX would keep paying. In December 2024 the Pentagon moved some of those terminals onto the Starshield service, the government version now at the center of the complaints.
SpaceX has also changed how its network treats certain terminals in Ukraine before, and that time it was with Kyiv’s cooperation. In February, Ukrainian officials confirmed that terminals believed to be used by Russian troops were disabled after coordination with SpaceX, a step that Ukrainian commanders later said hurt Russian assaults. Whether anything similar is behind the latest reports is unclear, which is why Kyiv is asking for answers.
Ukraine is already looking at backups. Defense tech company Stetman is developing its own satellite system, UASAT-NANO, and officials in Europe have discussed alternatives to Starlink since early 2025, though none match its scale yet.
Elon Musk
FAA kicks off review of SpaceX’s bid to fly Starship nearly every day
FAA is reviewing SpaceX’s plan for 456 Starship launches a year, up from 25 today.
The FAA said Tuesday that it will prepare an environmental impact statement on SpaceX’s proposal to run as many as 456 Starship launches and 912 landings a year from Starbase, Texas. SpaceX is currently authorized for 25 launches and 50 landings annually, which makes the request roughly 18 times the existing ceiling. The notice of intent is set to publish in the Federal Register on Wednesday.
The plan comes in two phases. Phase 1 would allow up to 100 launches and 200 landings a year, on any day and at any hour. Phase 2, which the FAA says could arrive within several years, would raise the limit to the full 456 launches, still at any hour but only on weekdays. The agency noted that 912 landings is the upper limit for the Texas facility no matter where a given mission begins, and that Starship and Super Heavy could come down at the launch site or in the Gulf and open ocean.
A draft statement will be released for public comment at a later date, and the FAA has not said when. According to the Federal Registar, written comments are due November 30 on regulations.gov under docket FAA-2026-12808, with in person scoping meetings on November 17 in Brownsville and November 19 in Port Isabel, plus a virtual session on November 18. The review will weigh air quality, wildlife, coastal resources, water, noise, and aviation, and the FAA said any increase beyond this proposal would need its own separate review.
The numbers look large next to what Starbase has actually done. Starship has flown three times from Texas this year, including Flight 14 on September 28, the first orbital flight, which deployed 26 Starlink V3 satellites. Bloomberg reported that Starbase has never launched more than five times in a calendar year. The current cap of 25 comes from an FAA approval in May 2025. In February, the agency also approved up to 44 Starship launches a year from Launch Complex 39A in Florida, so Phase 1 in Texas alone would more than double that allowance.
Musk has said Starship could eventually fly more than once per hour within less than a decade, per Bloomberg. The nearer term target is Flight 15. Musk said on October 10 that it is hopefully four to six weeks away and will try to catch the ship with the tower, as Teslarati covered. That flight still runs under the existing 25 launch limit, and so would every Starbase launch for as long as the new review takes.
As of mid morning Pacific time on Tuesday, SpaceX had not posted about the filing on its own account.
Tesla opens the Q&A for its biggest earnings call yet
Ukraine says Starlink is cutting out its military drones as Poland calls out Elon Musk
FAA kicks off review of SpaceX’s bid to fly Starship nearly every day
The Pentagon taps Elon Musk to design the battlefield of the future
SpaceX reveals how its 1 Million AI satellite network will work and prevent space collisions
