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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 hints toward Premium Robotaxi offering with Model S testing

Why Tesla has chosen to use a couple of Model S units must have a reason; the company is calculated in its engineering and data collection efforts, so this is definitely more than “we just felt like giving our drivers a change of scenery.”

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Credit: Sawyer Merritt | X

Tesla Model S vehicles were spotted performing validation testing with LiDAR rigs in California today, a pretty big switch-up compared to what we are used to seeing on the roads.

Tesla utilizes the Model Y crossover for its Robotaxi fleet. It is adequately sized, the most popular vehicle in its lineup, and is suitable for a wide variety of applications. It provides enough luxury for a single rider, but enough room for several passengers, if needed.

However, the testing has seemingly expanded to one of Tesla’s premium flagship offerings, as the Model S was spotted with the validation equipment that is seen entirely with Model Y vehicles. We have written several articles on Robotaxi testing mules being spotted across the United States, but this is a first:

Why Tesla has chosen to use a couple of Model S units must have a reason; the company is calculated in its engineering and data collection efforts, so this is definitely more than “we just felt like giving our drivers a change of scenery.”

It seems to hint that Tesla could add a premium, more luxury offering to its Robotaxi platform eventually. Think about it: Uber has Uber Black, Lyft has Lyft Black. These vehicles and services are associated with a more premium cost as they combine luxury models with more catered transportation options.

Tesla could be testing the waters here, and it could be thinking of adding the Model S to its fleet of ride-hailing vehicles.

Reluctant to remove the Model S from its production plans completely despite its low volume contributions to the overall mission of transitioning the world to sustainable energy, the flagship sedan has always meant something. CEO Elon Musk referred to it, along with its sibling Model X, as continuing on production lines due to “sentimental reasons.”

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However, its purpose might have been expanded to justify keeping it around, and why not? It is a cozy, premium offering, and it would be great for those who want a little more luxury and are willing to pay a few extra dollars.

Of course, none of this is even close to confirmed. However, it is reasonable to speculate that the Model S could be a potential addition to the Robotaxi fleet. It’s capable of all the same things the Model Y is, but with more luxuriousness, and it could be the perfect addition to the futuristic fleet.

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Rivian unveils self-driving chip and autonomy plans to compete with Tesla

Rivian, a mainstay in the world of electric vehicle startups, said it plans to roll out an Autonomy+ subscription and one-time purchase program, priced at $49.99 per month and $2,500 up front, respectively, for access to its self-driving suite.

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Credit: Rivian

Rivian unveiled its self-driving chip and autonomy plans to compete with Tesla and others at its AI and Autonomy Day on Thursday in Palo Alto, California.

Rivian, a mainstay in the world of electric vehicle startups, said it plans to roll out an Autonomy+ subscription and one-time purchase program, priced at $49.99 per month and $2,500 up front, respectively, for access to its self-driving suite.

CEO RJ Scaringe said it will learn and become more confident and robust as more miles are driven and it gathers more data. This is what Tesla uses through a neural network, as it uses deep learning to improve with every mile traveled.

He said:

“I couldn’t be more excited for the work our teams are driving in autonomy and AI. Our updated hardware platform, which includes our in-house 1600 sparse TOPS inference chip, will enable us to achieve dramatic progress in self-driving to ultimately deliver on our goal of delivering L4. This represents an inflection point for the ownership experience – ultimately being able to give customers their time back when in the car.”

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At first, Rivian plans to offer the service to personally-owned vehicles, and not operate as a ride-hailing service. However, ride-sharing is in the plans for the future, he said:

“While our initial focus will be on personally owned vehicles, which today represent a vast majority of the miles to the United States, this also enables us to pursue opportunities in the rideshare space.”

The Hardware

Rivian is not using a vision-only approach as Tesla does, and instead will rely on 11 cameras, five radar sensors, and a single LiDAR that will face forward.

It is also developing a chip in-house, which will be manufactured by TSMC, a supplier of Tesla’s as well. The chip will be known as RAP1 and will be about 50 times as powerful as the chip that is currently in Rivian vehicles. It will also do more than 800 trillion calculations every second.

RAP1 powers the Autonomy Compute Module 3, known as ACM3, which is Rivian’s third-generation autonomy computer.

ACM3 specs include:

  • 1600 sparse INT8 TOPS (Trillion Operations Per Second).
  • The processing power of 5 billion pixels per second.
  • RAP1 features RivLink, a low-latency interconnect technology allowing chips to be connected to multiply processing power, making it inherently extensible.
  • RAP1 is enabled by an in-house developed AI compiler and platform software

As far as LiDAR, Rivian plans to use it in forthcoming R2 cars to enable SAE Level 4 automated driving, which would allow people to sit in the back and, according to the agency’s ratings, “will not require you to take over driving.”

More Details

Rivian said it will also roll out advancements to the second-generation R1 vehicles in the near term with the addition of UHF, or Universal Hands-Free, which will be available on over 3.5 million miles of roadway in the U.S. and Canada.

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Rivian will now join the competitive ranks with Tesla, Waymo, Zoox, and others, who are all in the race for autonomy.

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Tesla partners with Lemonade for new insurance program

Tesla recently was offered “almost free” coverage for Full Self-Driving by Lemonade’s Shai Wininger, President and Co-founder, who said it would be “happy to explore insuring Tesla FSD miles for (almost) free.”

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Credit: Tesla

Tesla owners in California, Oregon, and Arizona can now use Lemonade Insurance, the firm that recently said it could cover Full Self-Driving miles for “almost free.”

Lemonade, which offered the new service through its app, has three distinct advantages, it says:

  • Direct Connection for no telematics device needed
  • Better customer service
  • Smarter pricing

The company is known for offering unique, fee-based insurance rates through AI, and instead of keeping unclaimed premiums, it offers coverage through a flat free upfront. The leftover funds are donated to charities by its policyholders.

On Thursday, it announced that cars in three states would be able to be connected directly to the car through its smartphone app, enabling easier access to insurance factors through telematics:

Tesla recently was offered “almost free” coverage for Full Self-Driving by Lemonade’s Shai Wininger, President and Co-founder, who said it would be “happy to explore insuring Tesla FSD miles for (almost) free.”

The strategy would be one of the most unique, as it would provide Tesla drivers with stable, accurate, and consistent insurance rates, while also incentivizing owners to utilize Full Self-Driving for their travel miles.

Tesla Full Self-Driving gets an offer to be insured for ‘almost free’

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This would make FSD more cost-effective for owners and contribute to the company’s data collection efforts.

Data also backs Tesla Full Self-Driving’s advantages as a safety net for drivers. Recent figures indicate it was nine times less likely to be in an accident compared to the national average, registering an accident every 6.36 million miles. The NHTSA says a crash occurs approximately every 702,000 miles.

Tesla also offers its own in-house insurance program, which is currently offered in twelve states so far. The company is attempting to enter more areas of the U.S., with recent filings indicating the company wants to enter Florida and offer insurance to drivers in that state.

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