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Startup fined $900k for launching illegal satellites, points to future space law challenges

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6 years ago

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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.

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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

Tesla doubles down on Robotaxi launch date, putting a big bet on its timeline

Tesla continues to double down on its June goal to launch the Robotaxi ride-hailing platform.

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1 hour ago

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April 18, 2025

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Credit: Tesla

Tesla has doubled down on its potential launch date for the Robotaxi ride-hailing platform, which will utilize the Cybercab and other vehicles in its lineup to offer driverless rides in Austin, Texas.

Tesla said earlier this year that it was in talks with the City of Austin to launch its first Robotaxi rides, and it planned to launch the platform in June.

This has been a widely discussed timeline in the community, with some confident in the company’s ability to offer it based on the progress of the Full Self-Driving suite.

However, others are skeptical of it based on Tesla’s history of meeting timelines, especially regarding its rollout of FSD.

Nevertheless, Tesla was asked when it would be able to offer Robotaxi rides and where, and it clearly is not backing down from that June date:

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It is getting to a point where Tesla is showing incredible confidence regarding the rollout of the Robotaxi in June. We have not seen this kind of reiteration regarding the rollout of something regarding autonomy from Tesla at any point in the past.

CEO Elon Musk has even been increasingly confident that Tesla will meet its target. Earlier this week, he said the vehicles will be able to roll off production lines and drive themselves straight to a customer’s house:

Elon Musk continues to push optimistic goal for Tesla Full Self-Driving

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There could be some discussion of an acceptable grace period, as the timeline for the Robotaxi rollout could still be considered a success, even if it were a month or two late. However, if it were pushed back further into 2025 or even 2026, skepticism regarding these timelines would continue to persist.

As of right now, it seems Tesla is extremely confident it will meet its goal.

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Elon Musk

Tesla Semi fleet from Frito-Lay gets more charging at Bakersfield factory

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3 hours ago

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April 18, 2025

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Tesla Semis showcased at Frito-Lay plant in Modesto, CA
Frito-Lay transformed its Modesto, Calif., site by replacing diesel fleet assets with ZE and NZE alternatives and installing fueling and charging infrastructure for the new fleet as well as on-site renewable energy generation and storage.

Among the several companies that have had the opportunity to add Tesla Semi all-electric Class 8 trucks to their fleets earlier than others, the most notable is arguably Frito-Lay, which has utilized the vehicle for a couple of years now.

However, as their fleet is making more local runs and there are undoubtedly plans to expand to more Semi units, the company has recognized it needs additional Megachargers to give juice to their trucks.

As a result, Frit-Lay decided to build more chargers at their Bakersfield, California facility, according to new permits filed by Tesla:

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There are already chargers at the company’s Modesto, California, factory, but Bakersfield is roughly three hours south of Modesto.

Interestingly, Tesla is calling the chargers “Semi Chargers” in the filing, potentially hinting that it is no longer referring to them as “Megachargers,” as they have been in the past. This is a relatively minor detail, but it is worth taking note of.

In 2022, Frito-Lay began installing these chargers in preparation for the Semi to become one of the company’s main logistics tools for deliveries in California and surrounding states.

Frito-Lay is not the only company that has chosen to utilize the Tesla Semi for these early “pilot” runs. PepsiCo has also been a company that has used the Semi very publicly over the past two years.

Additionally, the Tesla Semi participated in the Run on Less EV trucking study back in late 2023, where it managed to complete a 1,000-mile run in a single day:

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Tesla Semi logs 1,000-mile day in Run on Less EV trucking study

Tesla is planning to ramp production of the Semi late this year. On the Q4 2024 Earnings Call, VP of Vehicle Engineering Lars Moravy said the company would be focusing on the first builds of the Semi’s high-volume design late this year before ramping production in the early portion of 2026:

“We just closed out the Semi factory roof and walls last week in Reno, a schedule which is great with the weather. In Reno, you never know what’s going to happen. But we’re prepping for mechanical installation of all the equipment in the coming months. The first builds of the high-volume Semi design will come late this year in 2025 and begin ramping early in 2026.”

Tesla will build these units at a new Semi production facility located in Reno near its Gigafactory. The company is getting closer to finishing construction, as a drone video from this morning showed the facility is coming along at a good pace:

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Tesla Cybercab no longer using chase vehicles in Giga Texas

Elon Musk expects Tesla to produce about 2 million Cybercab units per year.

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4 hours ago

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April 18, 2025

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Credit: Joe Tegtmeyer/X

The Tesla Cybercab is the company’s first vehicle that is designed solely for autonomous driving. And while the spacious two-seater is expected to start volume production in 2026, the vehicle’s development seems to be moving at a steady pace.

This was hinted at in recent images taken by a longtime Tesla watcher at the Giga Texas complex.

Tesla Cybercab Production

The Cybercab will likely be Tesla’s highest volume vehicle, with CEO Elon Musk stating during the company’s Q1 2025 All-Hands meeting that the robotaxi’s production line will resemble a high-speed consumer electronics line. Part of this is due to Tesla’s unboxed process, which should make the Cybercab easy to produce.

Elon Musk expects Tesla to produce about 2 million Cybercabs per year. And while the vehicle is expected to see volume production at Giga Texas next year, the CEO noted that the vehicle will be manufactured in more than one facility when it is fully ramped.

No More Chase Cars

While the Cybercab is not yet being produced, Tesla is evidently busy testing the vehicle’s fully autonomous driving system. This could be hinted at by the Cybercabs that have been spotted around the Giga Texas complex over the past months. Following last year’s We, Robot event, drone operators such as longtime Tesla watcher Joe Tegtmeyer have spotted Cybercabs being tested around the Giga Texas complex.

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At the time, videos from Giga Texas showed that the driverless Cybercabs were always accompanied by a manually driven Model 3 validation chase car. This was understandable considering that the Giga Texas complex features pedestrians, other cars, and construction areas. As per the drone operator in a recent post on social media platform X, however, Tesla seems to have stopped using chase cars for its Cybercab tests a few weeks ago.

Aggressive Tints

The reasons behind this alleged update are up for speculation, though it would not be surprising if the Cybercab’s autonomous driving system could now safely navigate the Gigafactory Texas complex on its own. Interestingly enough, the Cybercabs that were recently photographed by the drone operator featured very aggressive tint, making it almost impossible to make out the interior of the robotaxi.

This is quite interesting as other Cybercabs that have been spotted around Giga Texas were only equipped with semi-dark tints. One such vehicle that was spotted in February was even speculated to be fitted with an apparent steering wheel.

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