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We’re here to help you! A suite of 8 private commercial cubesats that the Air Force had agreed to launch as secondary payloads on the August 26 launch of a Minotaur rocket were blocked from launch by FAA bureaucracy.
The “interagency partner” that appeared to raise objections was the Federal Aviation Administration, which issued the launch license for the mission. “The Federal Aviation Administration (FAA) did not approve Orbital ATK’s request for a license modification to include commercial cubesats on the upcoming ORS-5 launch mission,” Guthrie said. “As a result, Orbital ATK decided not to include commercial cubesats on the launch.”
Asked if the FAA placed any conditions or restrictions on the ORS-5 mission launched on the Minotaur 4, agency spokesman Hank Price said the FAA issued Orbital ATK a license Feb. 10 to launch government payloads on the Minotaur 4 from Cape Canaveral. The launch license contains any and all conditions on the license, Price said, and the FAA does not comment on the “existence or status of launch license applications or modifications until the FAA makes a final decision regarding those requests.”
Industry sources believe the FAA never formally rejected a proposed license modification for the cubesats because it did not go through the official process, but it was informally clear that the agency would have rejected such a modification had it been formally submitted.
Spire officials are trying to figure out why there was any issue at all about commercial cubesats on this launch. “If Spire chose this launch in the place of another commercial offering, I would understand the industry’s concern about fair competition,” Barna said. “But no existing U.S. launch company or new entrant was offering a similar launch. The fundamental intent of the policy is to keep competition fair, and competition just wasn’t a factor here.”
Spire’s problems here demonstrates the difficulties smallsat companies have getting their satellites in orbit, which explains the emergence of a new smallsat rocket industry. The company’s difficulties also illustrates why the launch industry should always be opposed to giving too much regulatory power to government. In this case it really appears that the launch license was denied merely because the bureaucrats involved with approving it at the FAA simply didn’t want to bother dealing with it.