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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 executive Sendil Palani confirmed in a post on social media platform X that Full Self-Driving, despite being the most robust driver assistance program in the United States, still isn’t garnering any interest from lagging competitors.
Tesla has said on several occasions in the past that it has had discussions with a competing carmaker to license its Full Self-Driving suite. While it never confirmed which company it was, many pointed toward Ford as the one Tesla was holding dialogue with.
At the time, Ford CEO Jim Farley and Tesla CEO Elon Musk had a very cordial relationship.
Despite Tesla’s confirmation, which occurred during both the Q2 2023 and Q1 2024 Earnings Calls, no deal was ever reached. Whichever “major OEM” Tesla had talked to did not see the benefit. Even now, Tesla has not found that dance partner, despite leading every company in the U.S. in self-driving efforts by a considerable margin.
Elon Musk says Tesla Robotaxi launch will force companies to license Full Self-Driving
Palani seemed to confirm that Tesla still has not found any company that is remotely interested in licensing FSD, as he said on X that “despite our best efforts to share the technology,” the company has found that it “has not been proven to be easy.”
Licensing FSD has not proven to be easy, despite our best efforts to share the technology. https://t.co/VGYBU7Aduw
— Sendil Palani (@sendilpalani) February 3, 2026
The question came just after one Tesla fan on X asked whether Tesla would continue manufacturing vehicles.
Because Tesla continues to expand its lineup of Model Y, it has plans to build the Cybercab, and there is still an immediate need for passenger vehicles, there is no question that the company plans to continue scaling its production.
However, Palani’s response is interesting, especially considering that it was in response to the question of whether Tesla would keep building cars.
Perhaps if Tesla could license Full Self-Driving to enough companies for the right price, it could simply sell the suite to car companies that are building vehicles, eliminating the need for Tesla to build its own.
While it seems like a reach because of Tesla’s considerable fan base, which is one of the most loyal in the automotive industry, the company could eventually bail on manufacturing and gain an incredible valuation by simply unlocking self-driving for other manufacturers.
The big question regarding why Tesla can’t find another company to license FSD is simply, “Why?”
Do they think they can solve it themselves? Do they not find FSD as valuable or effective? Many of these same companies didn’t bat an eye when Tesla started developing EVs, only to find themselves years behind. This could be a continuing trend.
Tesla executive Lars Moravy appeared today in front of the U.S. Senate Commerce Committee to highlight the importance of modernizing autonomy standards by establishing a federal framework that would reward innovation and keep the country on pace with foreign rivals.
Moravy, who is Tesla’s Vice President of Vehicle Engineering, strongly advocated for Congress to enact a national framework for autonomous vehicle development and deployment, replacing the current patchwork of state-by-state rules.
These rules have slowed progress and kept companies fighting tooth-and-nail with local legislators to operate self-driving projects in controlled areas.
Tesla already has a complete Robotaxi model, and it doesn’t depend on passenger count
Moravy said the new federal framework was essential for the U.S. to “maintain its position in global technological development and grow its advanced manufacturing capabilities.
He also said in a warning to the committee that outdated regulations and approval processes would “inhibit the industry’s ability to innovate,” which could potentially lead to falling behind China.
Being part of the company leading the charge in terms of autonomous vehicle development in the U.S., Moravy highlighted Tesla’s prowess through the development of the Full Self-Driving platform. Tesla vehicles with FSD engaged average 5.1 million miles before a major collision, which outpaces that of the human driver average of roughly 699,000 miles.
Moravy also highlighted the widely cited NHTSA statistic that states that roughly 94 percent of crashes stem from human error, positioning autonomous vehicles as a path to dramatically reduce fatalities and injuries.
🚨 Tesla VP of Vehicle Engineering, Lars Moravy, appeared today before the U.S. Senate Commerce Committee to discuss the importance of outlining an efficient framework for autonomous vehicles:
— TESLARATI (@Teslarati) February 4, 2026
Skeptics sometimes point to cybersecurity concerns within self-driving vehicles, which was something that was highlighted during the Senate Commerce Committee hearing, but Moravy said, “No one has ever been able to take over control of our vehicles.”
This level of security is thanks to a core-embedded central layer, which is inaccessible from external connections. Additionally, Tesla utilizes a dual cryptographic signature from two separate individuals, keeping security high.
Moravy also dove into Tesla’s commitment to inclusive mobility by stating, “We are committed with our future products and Robotaxis to provide accessible transportation to everyone.” This has been a major point of optimism for AVs because it could help the disabled, physically incapable, the elderly, and the blind have consistent transportation.
Overall, Moravy’s testimony blended urgency about geopolitical competition, especially China, with concrete safety statistics and a vision of the advantages autonomy could bring for everyone, not only in the U.S., but around the world, as well.
Tesla launched a new configuration of the Model Y this week, bringing more complexity to its lineup of the vehicle and adding a new, lower entry point for those who require an All-Wheel-Drive car.
However, the broadening of the Model Y lineup in the United States could signal a somewhat uncomfortable reality for Tesla fans and car buyers, who have been vocal about their desire for a larger, full-size SUV.
Tesla has essentially moved in the opposite direction through its closure of the Model X and its continuing expansion of a vehicle that fits the bill for many, but not all.
Tesla brings closure to Model Y moniker with launch of new trim level
While CEO Elon Musk has said that there is the potential for the Model Y L, a longer wheelbase configuration of the vehicle, to enter the U.S. market late this year, it is not a guarantee.
Instead, Tesla has prioritized the need to develop vehicles and trim levels that cater to the future rollout of the Robotaxi ride-hailing service and a fully autonomous future.
But the company could be missing out on a massive opportunity, as SUVs are a widely popular body style in the U.S., especially for families, as the tighter confines of compact SUVs do not support the needs of a large family.
Although there are other companies out there that manufacture this body style, many are interested in sticking with Tesla because of the excellent self-driving platform, expansive charging infrastructure, and software performance the vehicles offer.
Additionally, the lack of variety from an aesthetic and feature standpoint has caused a bit of monotony throughout the Model Y lineup. Although Premium options are available, those three configurations only differ in terms of range and performance, at least for the most part, and the differences are not substantial.
Minor Expansions of the Model Y Fail to Address Family Needs for Space
Offering similar trim levels with slight differences to cater to each consumer’s needs is important. However, these vehicles keep a constant: cargo space and seating capacity.
Larger families need something that would compete with vehicles like the Chevrolet Tahoe, Ford Expedition, or Cadillac Escalade, and while the Model X was its largest offering, that is going away.
Tesla could fix this issue partially with the rollout of the Model Y L in the U.S., but only if it plans to continue offering various Model Y vehicles and expanding on its offerings with that car specifically. There have been hints toward a Cyber-inspired SUV in the past, but those hints do not seem to be a drastic focus of the company, given its autonomy mission.
Model Y Expansion Doesn’t Boost Performance, Value, or Space
You can throw all the different badges, powertrains, and range ratings on the same vehicle, it does not mean it’s going to sell better. The Model Y was already the best-selling vehicle in the world on several occasions. Adding more configurations seems to be milking it.
The true need of people, especially now that the Model X is going away, is going to be space. What vehicle fits the bill of a growing family, or one that has already outgrown the Model Y?
Not Expanding the Lineup with a New Vehicle Could Be a Missed Opportunity
The U.S. is the world’s largest market for three-row SUVs, yet Tesla’s focus on tweaking the existing Model Y ignores this. This could potentially result in the Osborne Effect, as sales of current models without capturing new customers who need more seating and versatility.
Expansions of the current Model Y offerings risk adding production complexity without addressing core demands, and given that the Model Y L is already being produced in China, it seems like it would be a reasonable decision to build a similar line in Texas.
Listening to consumers means introducing either the Model Y L here, or bringing a new, modern design to the lineup in the form of a full-size SUV.
Tesla confirms Full Self-Driving still isn’t garnering interest from lagging competitors
Tesla exec pleads for federal framework of autonomy to U.S. Senate Committee
