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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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Elon Musk

Elon Musk reiterates shocking xAI detail, and hints at an upcoming monster

He also announced that xAI’s upcoming model, Grok 5, will begin training very soon.

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MINISTÉRIO DAS COMUNICAÇÕES, CC BY 2.0 , via Wikimedia Commons

Elon Musk has reiterated a rather shocking tidbit about xAI’s impressive scores at the ARC-AGI benchmark.

He also announced that xAI’s upcoming model, Grok 5, will begin training very soon.

xAI results on the ARC-AGI benchmark

In a recent post on social media platform X, Greg Kamradt, President of the ARC Prize Foundation, noted that Grok 4 has been used in two SOTA submissions to the ARC-AGI V1 and V2 benchmarks. The submissions, which were the best that the foundation has encountered to date, were done using xAI’s large language model, Grok 4. 

As per Kamradt, when asked about why the submissions were done using Grok 4, the authors stated that “It was the best model I used in testing.” Musk was evidently proud of this accomplishment, though he also highlighted that these accomplishments were attained with just Grok 4. This suggests that once Grok 5 is in the picture, xAI’s lead in the AI sector could become notable.

Grok 5 incoming

Elon Musk has shared a number of tidbits about Grok 5 as of late. In recent comments on X, the Tesla and SpaceX CEO stated that he believes Grok 5 has the potential to actually reach artificial general intelligence (AGI). This suggests that Grok 5 would be nothing short of a monster, as it could be capable of matching or surpassing human-level intelligence across tasks such as thinking, reasoning, and other domains by a substantial margin.

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Grok 5 may also be coming soon. As per Musk in another post on X, xAI will be starting the training of Grok 5 in a few weeks. Musk definitely seems to be highly optimistic about the capabilities of Grok 5, with the CEO stating late last month that the update would be coming before the end of the year and that it will be “crushingly good.”

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SpaceX is partnering with chipmakers to enable Starlink satellite-to-cell service

President Gwynne Shotwell outlined the effort during a space industry conference in Paris.

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Credit: SpaceX/X

SpaceX is working with microchip manufacturers to integrate satellite-connectivity hardware into smartphones, advancing its plan for direct-to-device services through Starlink. 

The move follows the company’s $17 billion acquisition of wireless spectrum from EchoStar Corp., a deal that positions SpaceX to operate more independently of traditional telecom carriers. 

President Gwynne Shotwell outlined the effort during a space industry conference in Paris this week, as noted in a Bloomberg News report.

Starlink direct-to-device

Starlink currently serves millions of customers in over 100 countries, primarily through ground-based dishes. The company, however, is now expanding into satellite-to-cell service, which should enable unmodified phones to connect directly with orbiting satellites. While SpaceX has a partnership with T-Mobile US, the EchoStar spectrum purchase gives it more control to negotiate with global carriers on its own terms.

“We’re working with chip manufacturers to get the proper chips in phones,” the SpaceX President stated. “We will now be initiating discussions with telcos in a different way now. Now it’s our spectrum, but we want to work with them, almost providing capacity and wholesaling capacity to their customers.”

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The company plans to launch satellites capable of supporting its direct-to-device business within two years, with early mobile phone testing expected by late 2026.

Starship program continues test flights

Shotwell also addressed SpaceX’s Starship program, which recently completed its 10th test flight in August. She said the mission met all objectives, providing a critical morale boost to teams after a challenging development year. 

“My Starship team needed that win,” Shotwell noted. “Development programs always are kind of a 24/7 operation, and I was really pleased for them.”

SpaceX is planning to fly one more iteration of the current Starship prototype, known as V2, before transitioning to the next-generation V3 vehicle. That version, expected to debut late this year or early 2026, is designed to be more capable and support eventual crewed missions to the Moon and Mars. 

“The V3, which we want to fly hopefully late this year, but maybe early next year, is really the vehicle that could take humans to the moon and Mars,” Shotwell stated.

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Elon Musk

Elon Musk says xAI has a chance to reach AGI with Grok 5

The comment came after Grok 4 posted strong results on the ARC-AGI benchmark.

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xAI-supercomputer-memphis-environment-pushback
(Credit: xAI)

Elon Musk suggested this week that his artificial intelligence startup xAI has the potential to reach artificial general intelligence (AGI) with the next version of its large language model, Grok 5. 

The comment came after Grok 4 posted strong results on the ARC-AGI benchmark, which tests reasoning and problem-solving ability.

Musk sees Grok 5 as AGI candidate

In a post on X, user @amXFreeze shared the latest results of the ARC-AGI leaderboard, which showed Grok 4 outpacing rival systems such as OpenAI’s ChatGPT in problem-solving and open program synthesis tasks. 

Musk reacted to the performance by stating that “I now think xAI has a chance of reaching AGI with Grok 5. Never thought that before.” 

Artificial General Intelligence (AGI) refers to an AI system that is capable of matching or surpassing human-level intelligence across tasks such as thinking, reasoning, and other domains by a notable margin, as noted in a report from Benzinga. AI companies today are actively pursuing AGI.

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xAI’s speed 

While xAI was only established in March 2023, the startup has grown aggressively. Since its founding, it has rapidly risen in the AI segment and its Grok large language model has become a mainstream option for everyday users, especially on social media platform X. The company is still growing aggressively, and it is currently expanding its Colossus supercomputer cluster in Memphis. 

During xAI’s Engineering Open House event in San Francisco in its early days, Elon Musk highlighted that speed would be the company’s primary competitive edge. To highlight this, Musk stated that “No SR-71 Blackbird was ever shot down and it only had one strategy: to accelerate.” So far, xAI is definitely playing this role very well. 

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