FCC fines Dish for failing to put a geosynchronous satellite in its proper graveyard orbit

The FCC on October 2, 2023 announced it is fining Dish Network $150K for failing to raise the orbit of one of its dying geosynchronous satellites so that it was in a proper graveyard orbit and out of the way.

The settlement includes an admission of liability from Dish for leaving EchoStar-7 at 122 kilometers above its operational geostationary arc, less than halfway to where the satellite broadcaster had agreed. EchoStar-7 could pose orbital debris concerns at this lower altitude, the FCC warned.

The regulator said it approved a plan from Dish in 2012 to move the satellite at the end of its mission 300 kilometers above geostationary orbit, which is about 35,786 kilometers above the Earth. Dish had estimated it would need to start moving the satellite in May 2022 to ensure it had enough fuel for the trip after two decades in orbit — but just three months ahead of the planned move the company found insufficient propellant remaining.

It is routine for satellite companies to raise the orbits of their geosynchonous satellites when their lifespan is over in order to make room for future satellites. This higher orbit, long dubbed a graveyard orbit, is presently filled with many past satellites no longer in use (though the refueling and reusing of some is now taking place).

What makes this story different is the fine. The FCC has claimed it has the right to regulate the de-orbiting plans for all satellites, even though its statutory authority does not include that right. This fine is the first since the agency made that claim. That Dish settled rather than fight was likely a decision by managment to choose the lesser evil. Even though the courts would likely cancel the fine, the fight would cost as much as the fine, and there is a chance Dish would lose. As the saying goes, better to pay the two dollars than end up in jail.

As a result, this government agency has now established a precedent whereby it can regulate and even fine private companies for not doing what it dictates when it comes to decommissioning satellites, even though no law was ever passed giving it that power. And the FCC agrees.

“This is a breakthrough settlement,” FCC Enforcement Bureau Chief Loyaan Egal said in a statement, “making very clear the FCC has strong enforcement authority and capability to enforce its vitally important space debris rules.”

The unelected administrative state continues its unstoppable growth in power.

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Northrop Grumman cancelling its NASA space station project?

According to anonymous sources, Northrop Grumman — one of four company partnerships chosen by NASA to build private commercial space stations to replace ISS — is considering cancelling its project for NASA.

At the International Astronautical Congress meeting this week in Azerbaijan, sources report that there is widespread speculation that one of these four companies, Northrop Grumman, is dropping out of the competition. Northrop’s plan had been to leverage its successful Cygnus spacecraft design to build a free-flying space station.

However, Northrop no longer plans to do so. Rather, it will join the venture backed by Voyager Space, which is partnering with Europe-based Airbus to develop a commercial space station. It’s likely that Northrop would provide cargo transportation services, with Cygnus as part of the team. Officials from Voyager and Northrop Grumman declined to comment on the change in strategy, which could be announced soon.

The original four were Axiom, Voyager Space (then called Nanoracks), Northrop Grumman, and Blue Origin. By teaming up with Voyager Space the number would drop to three, with Northrop simply providing freighter service to Voyager’s station.

Nor is this the only rumored change to these station projects. Last week sources suggested that the partnership between Blue Origin and Sierra Space was breaking up. If so, it remains unclear how that would effect its project for NASA.

These changes to the four proposed NASA stations would leave only Axiom’s space station unchanged and on its original course. Meanwhile, another company, Vast, is developing its own independent station, and SpaceX is considering developing a space station version of Starship.

All these shifts and changes are not to be unexpected, nor are they really bad news. They simply indicate the uncertain nature of any new product, even if that product is as unconventional as a private space station.

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Stopgap budget bill includes three-month extension of regulatory “learning-period”

The stopgap 45-day continuing resolution passed by Congress on September 30, 2023 also included a three-month extension of regulatory “learning-period” first established in 2004 and extended several times since then.

Among the provisions in that FAA reauthorization was a three-month extension of the existing restrictions on the FAA’s ability to regulate safety for commercial spaceflight participants. That restriction, often called a “learning period” by the industry, was set to expire Oct. 1 but now runs until Jan. 1.

It must be noted that this so-called limitation on FAA regulation of commercial spaceflight really does not exist any longer, no matter what law Congress passes. The administrative state really runs the show now, and both the FAA and Fish & Wildlife have decided heavy regulations are required, and are imposing such controls over SpaceX’s Superheavy/Starshp test program, while the FAA by itself is imposing strict regulation on Blue Origin’s New Shepard suborbital spacecraft. The result is a slowdown in launches for both, extending months to a year.

It also appears that this heavy regulation is squelching launches of new rockets. Last year four new rocket startups attempted new launches (Astra, ABL, Firefly, Relativity), some making multiple attempts. This year, such test flights have essentially ceased, with only Firefly completing one launch for the military. Worse, two of those companies (Astra and Relativity) have abandoned their rockets entirely, claiming they are building new bigger versions, but one must now wonder.

The long term historical significance of these facts extends far beyond the space industry. Increasingly the unelected bureaucracy in Washington is taking on powers it is not supposed to have, while Congress (which is delegated those powers) increasingly is irrelevant. The shift in power signals a major reshaping of American governance, in a direction that is not good for freedom or the fundamental concepts that established the country and made it a success.

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SpaceX puts another 22 Starlink satellites into orbit

SpaceX last night successfully launched another 22 Starlink satellites into orbit, its Falcon 9 rocket lifting off from Cape Canaveral.

The first stage completed its tenth flight, landing safely on a drone ship in the Atlantic.

The leaders in the 2023 launch race:

69 SpaceX
44 China
13 Russia
7 Rocket Lab
7 India

American private enterprise now leads China in successful launches 79 to 44, and the entire world combined 79 to 71. SpaceX by itself now trails the rest of the world combined (excluding American companies), 69 to 71.

Note that this was the 151th successful launch in 2023, all done in the first three quarters, and strongly suggesting the world will complete more than 200 launches this year. This number will top the record of 179 set last year by more than ten percent, and be more than double the number of launches achieved almost every year since Sputnik in 1957.

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Orbital Reef partnership between Blue Origin and Sierra Space in trouble

According to anonymous sources, CNBC reports that the partnership between Blue Origin and Sierra Space to build the private commerical Orbital Reef space station is possibly breaking up.

The companies announced Orbital Reef as a co-led project in 2021, but updates about the project dried up in the past year. The pair of private space companies are now navigating a potential end to the Orbital Reef partnership, according to three people who spoke to CNBC about the situation.

Those people, speaking on the condition of anonymity to discuss nonpublic matters, emphasized that discussions are ongoing and described the situation as fluid. But other development projects with more significant current contracts – such as Blue Origin’s Blue Moon lunar lander and Sierra Space’s Dream Chaser spaceplane – have taken higher priority for both companies, those people said.

To readers of Behind the Black, this possible break-up is not a surprise. In June Sierra’s announcement of its own independent space station based on its LIFE modules suggested it had its own doubts about Orbital Reef. Then in August, when Sierra announced a partnership with Redwire to launch LIFE as an independent station, I wrote this:

What struck me about this deal is the shrinking mention of Blue Origin. Originally that company was listed as one of the major players in building this private space station, dubbed Orbital Reef, in which LIFE is only the first module. In the past year however its participation seems less and less significant in every subsequent press release. It appears to still be part of the project, but it is Sierra Space that is leading the effort, and appears to be making things happen.

But then, the track record of Blue Origin is to not make things happen. It could very well be that events are once again overtaking it. Sierra Space can’t wait for Blue Origin to slowly get its act together. It is finding ways to get things done, even if that means Blue Origin gets left behind.

Today’s CNBC story reinforces this conclusion. So does its timing with the removal of Blue Origin’s CEO, Bob Smith, earlier this week. It could be that the failure of Blue Origin in the Orbital Reef partnership was the final straw for Jeff Bezos.

The problem for NASA in this is that the agency awarded a $130 million contract to the Orbital Reef partnership, with Blue Origin listed as the lead contractor which controls the contract. If that partnership ends, that contract must get renegotiated or cancelled, or gets transferred from Blue Origin to Sierra Space (the most likely outcome).

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Ispace wins $55 million NASA contract for lunar landing mission

The Japanese company Ispace, which is also establishing operations in the U.S., has won a $55 million NASA contract to send a lunar landing plus communications relay satellites to the Moon in 2026.

Ispace’s Hakuto-R1 lander attempted a landing on the Moon in April, but crashed. The company has a second Hakuto-R mission presently targeting launch next year. The NASA contract would the company’s third, which will be built in its new U.S. facility and be called Apex-1.

In today’s briefing, Ispace representatives announced that the primary customer for its upcoming Mission 3 is NASA, which has selected the company as part of its Commercial Lunar Payload Services program (CLPS). Ispace stated during the briefing that it has signed a $55 million contract with NASA for Mission 3 in order to land near the lunar south pole carrying approximately 210 pounds (95 kg) of scientific payloads.

But that’s not all the mission will do. On its way to the lunar surface, Mission 3 will deliver relay satellites that will remain in orbit around the moon to serve as communication relays.

Though it will not be surprising if these launch dates slip, Ispace is in a strong position to succeed, considering it is presently the only private company to launch a Moon lander, and got very close to putting it down on the lunar surface successfully.

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SpaceX’s military version of Starlink wins $70 million Space Force contract

Capitalism in space: The Space Force yesterday awarded SpaceX a $70 million contract to provide it communications and broadband capabilities though the military version of Starlink, dubbed Starshield.

A Space Force spokesperson confirmed that SpaceX on Sept. 1 was awarded a one-year contract for Starshield with a maximum value of $70 million. The award came alongside 18 other companies through a program run by the Space Force’s commercial satellite communications office.

“The SpaceX contract provides for Starshield end-to-end service (via the Starlink constellation), user terminals, ancillary equipment, network management and other related services,” Space Force spokesperson Ann Stefanek told CNBC.

Though this contract is for satellite services, it will increase SpaceX’s need to launch and complete its Starlink constellation. Though it has successfully launched a lot of satellites using the Falcon 9 rocket, it has always said it needs Starship/Superheavy to properly build and maintain the constellation.

Thus, NASA is no longer the only government agency with a strong motive to get Starship/Superheavy launched. Expect both NASA and the Pentagon to apply pressure on the White House to ease up on SpaceX. Expect that pressure to have little influence, unless the public joins in loudly.

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Sierra Space raises another $290 million in private investment capital

Sierra Space today announced that during its most recent funding round it successfully raised another $290 million in private investment capital, bringing the total capital it has raised to $1.7 billion.

The round is co-led by Japan’s largest bank, MUFG, Kanematsu Corporation, a Japanese trading company and Tokio Marine & Nichido Fire Insurance, Japan’s largest property and casualty insurance group with participation from Sierra Space’s existing investors. The companies are already participating in a JAXA (Japanese Aerospace Exploration Agency) study to explore how to conduct activities in LEO as the ISS approaches the end of service.

These Japanese partnerships act to strengthen Sierra’s already strong links to Japan, including ongoing negotiations to land its Dream Chaser reusable mini-shuttes at Oita Airport, as well as partnership deals with Kanematsu, Japan Airlines and Mitsubishi.

This successful fund-raising round suggests strongly that the company’s plans to finally have its first Dream Chaser cargo shuttle, Tenacity, ready to fly in December might actually happen. Or at least, that plan acted to convince these investors to pony up some cash.

Hat tip to Jay, BtB’s stringer.

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SpaceX donates used Merlin engine and Falcon 9 grid fin to Smithsonian

A SpaceX used Merlin engine and a Falcon 9 grid fin will go on display at the Smithsonian Air & Space museum when it reopens its east wing after a major renovation.

In addition to the 2019 launch of SpaceIL’s “Beresheet” moon lander, which entered lunar orbit but crashed into the moon’s surface, the donated Merlin engine was one of nine that flew on the first stages of two other Falcon 9 rockets. In 2018, it was launched twice from Vandenberg Air Force Base (today Space Force Base) in California, helping to loft commercial communications satellites (Iridium-6) and an Argentinian Earth-observation satellite (SAOCOM 1A). The latter stage was the first to land on land on the U.S. West Coast, as opposed to using one of SpaceX’s ocean-going droneships.

The grid fin flew only once, on the 2017 launch that placed a South Korean communications satellite in orbit.

From an engineering perspective, one can’t help wondering why SpaceX chose to donate these items in particular. Why for example did the grid fin fly only once? And why was the Merlin engine retired?

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SpaceX launches 21 Starlink satellites from Vandenberg

SpaceX early this morning successfully launched another 21 Starlink satellites, its Falcon 9 rocket lifting off from Vandenberg in California shortly after midnight.

The first stage successfully completed its sixth flight, landing on a drone ship in the Pacific.

The leaders in the 2023 launch race:

68 SpaceX
43 China
13 Russia
7 Rocket Lab
7 India

American private enterprise now leads China in successful launches 79 to 43, and the entire world combined 79 to 69. SpaceX by itself now trails the rest of the world combined (excluding American companies) by only 68 to 69.

Hat tip to BtB’s stringer Jay. I had missed this launch last night, until he reminded me of it.

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SpaceX launches 22 Starlink satellites, flying its second booster for a 17th time

SpaceX tonight successfully launched 22 Starlink satellites, its Falcon 9 rocket lifting off from Cape Canaveral using a first stage booster flying for the seventeenth time.

The booster landed successfully on a drone ship in the Atlantic. The company now has two boosters that have flown that many times, plus at least one that has flown fifteen times.

The leaders in the 2023 launch race:

67 SpaceX
43 China
13 Russia
7 Rocket Lab
7 India

American private enterprise now leads China in successful launches 78 to 43, and the entire world combined 78 to 69. SpaceX by itself now trails the rest of the world combined (excluding American companies) by only 67 to 69.

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House speaker Kevin McCarthy proposes bill to extend “learning period” for rocketry

The speaker of the House, Kevin McCarthy (R- California) today introduced what he calls the STAR act, which would extend the learning period that exempts the new human commercial space industry from heavy regulation from its impended expiration this year for eight more years, to 2031. From his statement:

The STAR Act would extend the learning period by 8 years to provide sufficient time for the FAA and commercial space industry to develop consensus standards for human safety in space flight. The bill’s proposed 8-year extension corresponds with the lengths of the original learning period — from 2004 to 2012—and the extension by Rep. McCarthy’s SPACE Act (P.L. 114-90) — from 2015 to 2023.

More information here. That McCarthy has introduced this bill suggests its chances of passage are high, assuming a very divided and partisan Congress can manage to pass anything in the coming weeks.

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