Tag: regulation

Bi-partisan bill proposed giving space traffic management to Commerce, not FCC

3:07 pm

On January 25, 2024 a bill sponsored by a bi-partisan group of senators was introduced assigning the job of managing orbital traffic and the removal of defunct satellites to the Commerce Department, essentially telling both the FCC and NOAA that the attempt by those agencies to grab this power, outside of their statutory authority, will be opposed by elected officials.

The bill puts the responsibility of managing satellite and spacecraft traffic and the regulations regarding de-orbiting satellites to Office of Space Commerce (OSC) within Commerce. It is also supported by the comercial industry, which has not been happy especially with the FCC’s regulatory power grab. Unlike the regulations the FCC is creating, this bill relies heavily on industry advice and consensus, the very people who not only know best what needs to be done, but are the only ones qualified to do it.

Of course, the bill must pass both the Senate, House, and be signed by the President before it becomes law. Whether that can happen remains uncertain, especially since there appear to be a lot of factions inside DC who want to give federal agencies like the FCC legal carte blanche to regulate however they see fit, superseding Congress, the Constitution, and the law. And it seems that Congress now is so weak, those factions might just get what they want.

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NASA’s useless safety panel once again sticks its nose where it isn’t qualified to go

11:13 am

For the third year in a row, the annual report of NASA’s generally useless and often corrupt safety panel, the Aerospace Safety Advisory Panel (ASAP), is once again focused not on technical safety issues related specifically to engineering — the reason the panel was first formed in 1968 following the Apollo 1 launchpad fire that killed three asteronauts — but NASA’s general management and long term strategies and plans, something that is entirely the responsibility of Congress and elected officials.

As the press release notes right at the top, “The report highlights 2023 activities and observations on NASA’s Strategic Vision and Guiding Principles, Agency Governance, and Moon to Mars Program Management.” On none of these issues does this panel have any expertise, or even qualifications. Most of its membership are former government bureaucrats, with only one panel member coming mostly from the private sector.

More important, while the panel is supposed to be review NASA’s engineering to make sure it is not getting sloppy, its panelists are all management types, not engineers.

To give the panel some credit, its report [pdf] does actually note the many risks NASA is taking on its various Artemis manned lunar flights, including more than a dozen engineering designs which will be flown for the first time on the first Artemis manned mission to land on the Moon. However, while this should be the panel’s number one concern, it buries it inside the report, and simply recommends that NASA redistribute these firsts across multiple missions. How NASA should do this is not addressed.

Last year I simply noted ASAP’s annual report in a quick links post, adding that “It has been so wrong so many times in the past, clearly biased against private space while favoring NASA, its analysis is simply worthless.” That conclusion still applies.

The sooner Congress stops wasting any money on this panel, the better. It provides no real service except to slow down development. And it is now putting itself above Congress in its effort to influence strategic and programming.

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African lawfare to take control of space

12:57 pm

Modern academia: Marching with Lenin!
Modern African academia, proudly marching with Lenin!

It appears that a growing cadre of African lawyers are working within international organizations such as the UN and the International Astronautical Union (IAU) to use the Outer Space Treaty as a wedge to take control of space, wresting it from the hands of private commerical companies.

I make this assessment based upon a long article about this new lawfare published today in Wired, describing the training and political goals of a number of young African layers in the field of international space law.

[S]ome players in the global south are gearing up for the orbital future not just by scrambling to launch satellites, but by building up skills in outer space law—the evolving area of international jurisprudence that introduced the “province of all mankind” concept in the first place.

Though the Outer Space Treaty is still the cornerstone of space law, other international agreements have built up around it over the years—and more still are desperately needed to regulate today’s realities in space. “This is an area of rulemaking where they’re just setting up the rules for the future, so you need to have a perspective now,” explains Timiebi Aganaba, a British-Canadian-Nigerian professor at Arizona State University who has been instrumental in driving African interest in space law. “If the system gets built without you—if you come in later—people will start quoting laws to you.”

In 2011, Aganaba helped organize the first teams of African law students to enter something called the Manfred Lachs Space Law Moot Court Competition. The global tournament, named after an architect of the Outer Space Treaty, uses fictional court cases to train young lawyers how to think through the plausible conflicts that could soon arise beyond the atmosphere—and it is far and away the most important professional conduit into the field of space law. Students who make it to the final round of the competition argue their cases before actual judges from the International Court of Justice—the world’s highest forum for legal disputes between countries. And since 2011, teams from Africa have become a force in the competition. In 2018, South Africa’s University of Pretoria won the international championship.

If Aganaba’s name rings a bell to my readers, it is no surprise. » Read more

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Belgium signs the Artemis Accords

9:19 am

Belgium yesterday became the 34th nation to sign the American-led Artemis Accords, bi-laterial agreements initially conceived by the Trump administration as a way to get around the legal limitations on private property created by the Outer Space Treaty.

Based on the wording of Belgium’s press release, it appear however that this goal is slowly being watered down by the many nations who have signed:

Belgium’s signature of the Artemis Accords is part of its proactive participation in the work of the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS). As a party to the five United Nations treaties on outer space, Belgium, in close collaboration with other Member States, has launched several actions within the Committee over the past decade to promote the establishment of an international multilateral legal framework for equitable access to and benefits from space resources, as well as for the safe and sustainable use of these resources. [emphasis mine]

The highlighted word, “equitable”, is one of the key words in Critical Race Theory, and when translated into plain English means providing guaranteed benefits for those who feel oppressed, whether or not they deserve it. Note too Belgium’s effort here to get the United Nations involved. By outlawing any nation from claiming territory and establishing its legal framework, the Outer Space Treaty essentially gave that power to the UN. The accords were conceived as a political way of breaking that restriction, shifting power back to the nations who signed. By inserting the UN into the Artemis alliance Belgium is trying to shift power to the UN again. And it appears it is attempting to form its own alliance of the smaller nations within the accords for this purpose.

The full list of signatories to the Accords is as follows: Angola, Argentina, Australia, Bahrain, Belgium, Brazil, Bulgaria, Canada, Columbia, Czech Republic, Ecuador, France, Germany, Iceland, India, Israel, Italy, Japan, Luxembourg, Mexico, the Netherlands, New Zealand, Nigeria, Poland, Romania, Rwanda, Saudi Arabia, Singapore, South Korea, Spain, the United Kingdom, the United Arab Emirates, the Ukraine, and the United States.

The competing alliance of communist nations, led by China, includes only Russia, Venezuala, Pakistan, Belarus, Azerbaijan, and South Africa. That former deep Soviet bloc nations like Bulgaria and Romania, as well as previously very Marxist Angola, went with the west rather than China illustrates the international distrust of China and its authoritarian methods.

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More academics demand that space activity be controlled and regulated, by them

1:13 pm

Modern academia: Marching with Lenin!
Modern academia, proudly marching with Lenin!

Yesterday I linked to a student newspaper article at the University of Alberta advocating more regulation over all space activity, focused on replacing private ownership with collective ownership while simultaneously imposing Marxist racial quotas to get rid “old white men”.

Today there was another story from academia demanding similar regulation. On January 12, 2024 there was a public panel discussion at Arizona State University (ASU), where four academics argued for the need for more government regulation of space. The description of the panel’s goals at the event’s website gives us a good hint of the goals of these academics:

Space exploration and utilization is a rapidly expanding sector, and there is growing consensus that the complex space governance system must evolve with it. Faced with this dynamic nature, in this fireside chat, with leading experts in space governance, policy law and space science, we present a clear framework for conceptualizing the space governance system as a tool for discussions on space law and policy, demystifying its structure and the actors, instruments and collaborations within it. We then consider key debates in the space policy field within this framework from a global and transdisciplinary perspective.

This is typically bad academic writing, designed to intentionally hide its meaning. One of the panelists however translated it most bluntly in this quote from article about the event:
» Read more

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College professors insist all private activity in space must be regulated, by them

10:32 am

Now that private enterprise and free civilians are beginning to fly missions to space, independent of the government, “an international team of experts” have published a paper that demands that all future private activity in space be strictly regulated. From an article in the student newspaper of the University of Alberta:

Private citizens or corporations that collect data or research in space pose unique ethical concerns, Caulfield said. Previously, space travel was “largely funded by the public purse.” For example, the National Aeronautics and Space Administration (NASA) receives its funding from the United States government. Publicly funded research has to follow certain rules and there is a degree of oversight, Caulfield explained. But, “if space flight is funded primarily or largely by private companies like Blue Origin [and] SpaceX, what rules do they need to follow?”

Caulfield is Timothy Caulfield, the Canada Research Chair in Health Law and Policy and a professor in the University of Alberta’s faculty of law. He is also one of the twenty co-authors of this paper, the authors of which somehow think that because they teach at colleges they have better ethics that the owners of private space companies. Not only do they want to establish strict rules over what can be done in space, they want all research and data to be open source. The private data obtained by missions paid for by others must be available to everyone, even if they didn’t do a damn thing to get it.

These control freaks also insist that commercial space must follow standards of diversity, inclusion, and equity.

“This has been for too long dominated by old white men,” [Caulfield] said. “We’ve got to change that.”

O joy! We are here to help you! These idiots have ruined the entire academic community, making colleges worldwide cesspools of bigotry and race hate. They now want to impose their Marxist ideals to commercial space, probably because deep down they resent the fact that others are doing it and they are incapable of accomplishing anything on their own.

That Alberta’s student newspaper is all-in on these foolish ideas is especially disturbing. The students appear to have been brainwashed to accept such stupidity, and since they represent the future, it tells us what that future will be like.

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Elon Musk’s employee update released January 12th

10:19 am

I have embedded below an employee update of the status of all of SpaceX’s projects, given by Elon Musk and released publicly on January 12, 2023. The video has been edited only to remove the many enthusiastic applauses by Musk’s audience of co-workers in order to shorten it.

Though Musk provided a lot of general information about the company’s long term goals with Starlink, Starship, Mars, the Moon, and other topics, these are the most important take-aways relating to its ongoing efforts now:

  • Falcon 9: The company is now upgrading its first stage so that it will be able to fly reused forty times, not twenty. Musk also noted that they have now reused the rocket’s fairings more than 300 times.
  • They are now aiming for about 150 launches in 2024. (It appears now that the biggest obstacle to this goal will be weather, as seen by the weather delays that have stalled Falcon 9 launches this very week.)
  • The Dragon fleet has now spent more days at and flights to ISS than the NASA’s entire shuttle fleet.
  • Starlink: It is a supplement to present phone and internet service, not a replacement, serving remote areas. Its biggest obstacle now however to providing that service is government approvals. The company is blocked by regulators in many places where the service is operational.

On Starship/Superheavy, he revealed these facts:

  • They are planning to double its payload capacity to 200 tons to orbit, twice the Saturn-5.
  • Starship would have made orbit on the second orbital test if it had had a payload. To simulate the weight of payload it had carried extraoxidizer, and when it vented these as it approached orbit it caused problems that activated the self-destruct system.
  • The third orbital test flight will thus almost certainly reach orbit, and will then test engine burns, some refueling technology, payload deployment, and de-orbit procedures.

Musk emphasized that they must be able to fly these tests frequently to get Starship/Superheavy functioning, not just for SpaceX but for NASA’s Artemis program. As he said, “Time is the one true currency.” With each launch they refine the system to make it more reliable and operational. Without those launches they can’t.

He did not mention why launches might not happen frequently, probably because the last thing he needs to do is antagonize the regulators who are slowing him down. I (and other journalists) however are not under that restriction. The biggest obstacle to SpaceX’s success is the red-tape being wound around it by the Biden administration and its love of strict regulation, possibly instigated by its political hostility to Elon Musk as a person.

This government action to stymie freedom must end, and the sooner the better.
» Read more

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Another look at the increasing regulatory burden impacting commerical space

1:10 pm

Link here. The author does a nice job summarizing the problems now becoming evident as the administration state strives to expand its power and control. Though he gives space to both sides, allowing the defenders of that administrative state to explain why strong regulations are good, he doesn’t bow to those defenders, as do too many modern journalists.

That he quotes me extensively (and has has told me personally that he is a regular reader of Behind the Black), might have something to do with this. He isn’t parroting my positions, however, in this essay, but giving his own perspective.

Definitely worth reading.

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Fauci: Now an admitted liar as well as incompetent scientist

12:47 pm

Fauci: Washington's top liar
Anthony Fauci: the liar-in-chief during
the Wuhan panic

This week Anthony Fauci was brought before a committee in the House of Representatives for closed-door hearings on his actions during the COVID epidemic in 2020-2021. Though supposedly private, the committee has been providing detailed recaps of Fauci’s testimony.

What it has learned is that Fauci was not only a chronic liar during his time as director of the National Institute of Allergy and Infectious Diseases (NIAID), he was also utterly incompetent as both a scientist as well as an administrator.

None of this really is news. As early as December 2020 Fauci admitted publicly that he had purposely misstated facts and scientific data for political reasons. Repeatedly I have reported many other examples of his dishonesty and incompetence (see for example these posts from June ’21, April ’22, September ’22, November ’22, and September ’23).

Nonetheless, Fauci’s testimony now is worth reviewing, because it underlines starkly how he misled and misinformed the public, causing great harm for no gain.

First, he admitted in testimony that the demands by him and the government that everyone maintain a six-foot distance during the epidemic was utter garbage, based on no scientific data at all.

In Tuesday’s session, Fauci admitted that the six-foot social distancing recommendation “was likely not based on any data,” according to the committee. “It just sort of appeared,” it wrote, quoting Fauci.

In August 2020 I found evidence suggesting the only source for this absurd rule came from a high school science project. Fauci has now essentially confirmed this, admitting that there is no legitimate science behind the six-foot rule.
» Read more

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UK spaceports to UK government: There’s too much red-tape!

9:58 am

Proposed spaceports surrounding Norwegian Sea
Proposed spaceports surrounding Norwegian Sea.

At a hearing this week before the Scottish Affairs Committee of the United Kingdom’s parliement, the heads of the two spaceports being built in Scotland demanded that a single senior minister be assigned to handle all regulation for space launches, because the present system involves too many different agencies from too many different UK governments.

The result has been endless delays, and no launches.

“For me, there’s almost too many cooks involved,” [according to Scott Hammond, deputy CEO of SaxaVord Spaceport.] “I think what we need to look at is having a senior politician directly responsible for space and space launch and I would suggest that at cabinet level.” Despite the UK Government space portfolio, he said it is still “difficult to know who’s actually running launch in the UK”.

He gave the example of seeking permissions from Scottish Government’s marine directorate, something he said was taking six months rather than 14 weeks as promised.

The CEO of the company Orbex, which has a fifty-year lease to launch from the other spaceport in Sutherland, admitted that the spaceport “had appeared to be in a ‘better place’ in 2018 but acknowledged circumstances had changed since then.” In other words, regulation was now threatening the company’s operations at Sutherland, and it is beginning to look elsewhere for future launches.

Saxaford had hoped to do its first launch this year, but now is looking to the summer, all because of the long delays experienced in getting government approvals.

The map shows other space ports being developed in Europe. These, as well as new spaceports elsewhere, might end up getting all of this UK business because of the continuing red tape issues in Great Britain.

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SpaceX sues to have NLRB complaint dismissed

10:31 am

SpaceX yesterday filed a lawsuit in the federal courts to have the employee complaint filed by the National Labor Relations Board (NLRB) dismissed as a violation of the company’s fifth and seventh amendment rights as well as article II of the Constitution.

You can read SpaceX’s lawsuit here [pdf]. It specifically lists as defendants the board members of the NLRB, as well as the unnamed administrative judge who will run the NLRB’s case, once it begins.

The SpaceX lawsuit is interesting in that it challenges the very legal structure that has established the NLRB, stating that its actions are illegal because that structure forbids the President from having full control over its actions, as required by article II of the Constitution.

Whether this lawsuit succeeds is of course unknown, but its quick filing tells us that SpaceX was prepared for this NLRB action, even before it was filed. It also tells us that the company now recognizes the overall threat to it by the Biden administration, which appears to be trying to weaponize every agency in the federal government to destroy the company, and is prepared to fight long and hard against this abuse of power.

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NASA and one private company respond to Navaho nation’s demand to cancel lunar mission

9:32 am

Both NASA and one of the private companies involved in ULA’s first Vulcan rocket launch on January 8, 2023 that will carry the Astrobotic’s Peregrine lunar lander to the Moon have now responded to the Navaho nation, which has stated its religion gives it the unlimited right to decide what can go there.

Navaho President Buu Nygren had claimed earlier this week that the “Moon is sacred to numerous Indigenous cultures” and the payloads of human ashes being sent to the Moon was “tantamount to desecration.” He demanded the mission be delayed or canceled.
» Read more

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Republicans propose another deep state bureaucracy to enforce civil rights laws

12:10 pm

Failure Theater!

Failure theater: In their typically impotent attempt to fight the leftist movement that is imposing a new racial bigotry across America, several Republicans in Congress have proposed a new special government office in Washington that will be specifically assigned the job of preventing racial discrimination at universities.

The College Admissions Accountability Act, introduced by Sen. J.D. Vance (R., Ohio) and Rep. Jim Banks (R., Ind.), would establish a special inspector general within the Education Department—separate from the Office of Civil Rights—to probe potential violations of the colorblind standard set forth in Students for Fair Admissions v. Harvard, which ruled that race-conscious admissions programs violate the 14th Amendment. The bill would also bar schools that flout the decision from receiving any form of federal aid.

…The bill, which appropriates $25 million for the new role and is cosponsored by Sens. Ted Budd (R., N.C.), Mike Braun (R, Ind.), Josh Hawley (R., Mo.), Eric Schmitt (R., Mo.), and Marco Rubio (R., Fla.), does include a sunset clause that would terminate the office after 12 years. Republicans seem to be betting that recalcitrant universities will, after a decade of robust enforcement, throw in the towel and evolve colorblind norms.

These senators and congressmen, along with several conservative think tanks, think naively that this office will the place for anyone of any race to go to get justice should a university receiving federal funds create a program that specifically excludes them solely because of their race. The aim will supposedly be to target specifically the new Diversity-Inclusion-Equity programs at universities and in governments that are imposing this new discrimination against whites, Asians, and Jews.

The foolishness of this plan is hard to measure. » Read more

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White House issues “policy framework” to lobby for its space regulatory proposal

9:28 am

Faced with stiff opposition from industry and politicians from both parties in Congress to its regulatory proposal issued in mid-November, the White House yesterday released what it called a “policy framework” for implementing that proposal.

You can read this policy framework here [pdf]. It is filled with high-sounding claims about its goal is to encourage private development and reduce red tape, but in the end it only adds more government entities to the entire bureaucracy that regulates commercial space. From the framework itself:

The Secretaries of Commerce and Transportation will co-lead a Private Sector Space Activities Interagency Steering Group in consultation with the Chairperson of the Federal Communications Commission (FCC), comprising representation from the Departments of Defense, Energy, Homeland Security, Interior, and State, the National Aeronautics and Space Administration (NASA), the Office of the Director of National Intelligence, the Office of Science and Technology Policy, and any other Federal entities with expertise or equities pertaining to private sector novel space activities, including relevant stakeholders from the Executive Office of the President. The Steering Group serves as a coordinating body to ensure that the U.S. Government oversight system is prepared to meet U.S. priorities while taking into consideration the competitiveness of U.S. industry now and into the future.

One of the criticisms of the White House proposal from mid-November was that it would split regulation between Commerce and Transportation, thus increasing the complexity for commerical companies. This steering group is clearly an effort to answer those complaints, but based on this proposal, it simply adds one more bureaucratic layer to the mix, making things even more complicated.

The framework also calls for the expansion of the government’s regulatory footprint on several fronts, such as controlling orbital debris, and achieved through “expanding existing, or establish new, federal advisory committees to account for all expanded space authorities in furtherance of this Framework and related legislative proposals.”

From the viewpoint of freedom, this entire proposal reads like a zombie end-of-the-world horror film, with bureaucratic zombies appearing endlessly from all directions, aimed at consuming any independent private company as quickly and as thoroughly as possible.

The original commercial space act proposal from Congress, that the Biden administration (and most Democrats) oppose but carries the endorsement of the private commercial space industry, was passed by its House committee, but still needs to be voted on by the full House, as well as the Senate. Because it remains in limbo, the White House has issued this framework, in the hope it can give its side the ammunition needed to defeat that bill and replace it with the White House’s.

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Starship prototype #28 completes full duration static fire test

8:49 pm

Gearing up for Starship/Superheavy orbital test flight #3: Starship prototype #28 today successfully completed a full duration static fire test, with all six engines firing for about five seconds.

The link goes to SpaceX’s X feed, and shows that test.

This is more evidence that SpaceX intends to be ready in all ways to do that third orbital test flight of Superheavy/Starship by mid-January, at the latest. It also suggests the company is getting close to finishing its investigation into the previous test flight in mid-November.

Of course, none of this means it will launch in mid-January. I predict SpaceX will be stuck twiddling its thumbs waiting for a launch license from the FAA, which will also be waiting for an okay from Fish & Wildlife. Both will likely be forced to work as slowly as possible, likely because of interference from the White House.

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The Biden war against Musk is a war against America

1:33 pm

How the modern Democratic Party has evolved madly to the left, according to Elon Musk
How the modern Democratic Party has evolved
madly to the left, according to Elon Musk

In 2022 Elon Musk essentially completed the long process of going from what he described as a moderate who had previously voted overwhelming for Democrats to a Republican voter strongly hostile to the present Democratic Party.

He announced this shift in a tweet on May 18, 2022, in which he said the following:

In the past I voted Democrat, because they were (mostly) the kindness party.

But they have become the party of division & hate, so I can no longer support them and will vote Republican.

Now, watch their dirty tricks campaign against me unfold. [emphasis mine]

In the almost twenty months since Musk made that statement, his prediction of a “dirty tricks campaign” by the Democrats has become quite evident and true. Numerous federal agencies under the control of President Joe Biden began taking strong actions to stymie Musk’s companies, sometimes abusing the law in what appear to be legitimate ways, and sometimes abusing power in ways that are absurd. Below is a short list, many of which have been repeatedly reported here at Behind the Black:
» Read more

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Congress passes short term extension of commercial space regulatory “learning period”

9:19 am

The Senate yesterday passed a short term extension of the regulatory “learning period” at the FAA that limits its ability to regulate commercial space.

[The Senate] quickly passed an extension of the FAA’s authorization, a final piece of “must pass” legislation before the end of the year. The bill (H.R. 6503) passed the House on December 11. Among other things, it extends the “learning period” for commercial human spaceflight until March 9, 2024 that otherwise would have expired on January 1. The learning period, or “moratorium,” prohibits the FAA from promulgating new regulations on commercial human spaceflight while the industry is in its infancy.

The president still needs to sign this bill, but that is expected.

Originally passed in 2004 as an eight-year period, this “learning period” has been extended several times since. The industry wants a longer extension, as it still considers itself quite rightly to be in an experimental test phase, not operational in the sense of airplane manufacture.

Not that this extension matters. It appears in the past two years that the regulators at the FAA have decided to ignore the law and make believe this learning period really doesn’t exist, based on how that agency has treated test launches by SpaceX and others. Rather than let their launches proceed quickly as tests, the FAA has begun to treat each test as an operational flight that requires a long investigation before further launch approvals are given.

Unless there is a major change in leadership in the White House, we should expect a major slow-down of the American launch industry in the coming years, regardless of whether this “learning period” is extended or not.

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Environmental groups file another complaint attempting to stop SpaceX launches at Boca Chica

3:45 pm

In what is now becoming a routine process of harassment, several environmental groups have filed another complaint against the FAA and Fish & Wildlife for eventually issuing a second launch license to SpaceX, permitting it to do its mid-November second orbital test launch of its Starship/Superheavy rocket from Boca Chica, Texas.

In the supplemental complaint, the groups — Center for Biological Diversity, American Bird Conservancy, Carrizo/Comecrudo Nation of Texas, Inc., Save RGV and Surfrider Foundation — allege the FAA failed to properly analyze the environmental impacts of the first Starship launch before issuing a revised license for the second launch that took place Nov. 18.

That new licensing process included an environmental review by the U.S. Fish and Wildlife Service (FWS) regarding a pad deluge system that SpaceX installed on the pad to prevent damage like that the pad suffered during the first launch. The FWS concluded that the deluge system would produce no significant environmental changes.

The environmental groups argue that both FAA and FWS fell short of what was required under the National Environmental Policy Act (NEPA) to review the environmental impacts of Starship launches. The FAA, it stated in the complaint, “once again failed to take the requisite ‘hard look’ at the impacts of the Starship/Superheavy launch program through a supplemental NEPA analysis.”

Let me translate what this complaint really says, and I can do it only a few words: “Your review didn’t come to the conclusions we want — which is to block all work by SpaceX — so that we can do what we want!” Both the American Bird Conservancy and the Surfrider Foundation simply want unlimited access to the region for their own recreation, while the Center of Biological Diversity is only interested in stopping all human development anywhere — until it can settle its frequent lawsuits against the government and pocket its payoff.

As for Carrizo/Comecrudo Nation of Texas and Save RGV, both are bogus organizations. The first is for a almost non-existent Indian tribe that never even lived in this area (they were based in Mexico), and the second claims it represents the people of the south Texas region who want SpaceX’s work stopped. Since almost everyone in Brownsville and throughout the region is celebrating the new prosperity brought to them by SpaceX, it is essentially a front group for the Marxist environmental movement that hates all prosperity. It doesn’t represent anyone really in south Texas.

As before, this complaint will have to be fought, wasting time and money.

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FCC denies Starlink $886 million grant

9:48 am

Despite the fact that SpaceX Starlink constellation is presently providing internet access to more rural customers than any company worldwide, the FCC yesterday announced that it will not award the company a $886 million subsidy under its program for expanding broadband service to rural areas.

The FCC announced today that it won’t award Elon Musk’s Starlink an $886 million subsidy from the Universal Service Fund for expanding broadband service in rural areas. The money would have come from the Rural Digital Opportunity Fund program (RDOF), but the FCC writes that Starlink wasn’t able to “demonstrate that it could deliver the promised service” and that giving the subsidy to it wouldn’t be “the best use of limited Universal Service Fund dollars.”

That was the same reason the FCC gave when it rejected Starlink’s bid last year, which led to this appeal. SpaceX had previously won the bidding to roll out 100Mbps download and 20Mbps upload “low-latency internet to 642,925 locations in 35 states,” funded by the RDOF.

This decision can only be explained by utterly political reasons. SpaceX right now is experiencing a booming business, with its traffic up two and a half times from last year,almost all of which is in rural areas. That number is from a news report today, the same day the FCC claims Starlink can’t provide such service. As noted by one SpaceX lawyer:

“Starlink is arguably the only viable option to immediately connect many of the Americans who live and work in the rural and remote areas of the country where high-speed, low-latency internet has been unreliable, unaffordable, or completely unavailable, the very people RDOF was supposed to connect.”

The initial award was made in December 2020, when Trump was still president. It was first canceled in August 2022, after Biden took over. SpaceX appealed, but today’s announcement says the FCC rejected that appeal.

While there is absolutely no justification to give any company this money — SpaceX is proving private companies don’t need it to provide this service to rural areas — this decision is clearly political, driven by the hate of Elon Musk among Democrats and the Biden administration. They don’t care that SpaceX is a successeful private company providing tens of thousands of jobs as well as good products to Americans. Musk does not support them, and so he must be squashed.

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GAO: First Artemis manned landing likely delayed to 2027

10:28 am

A new GAO report says that the first Artemis manned landing on the Moon is almost certainly not happen in 2025 as NASA presently wants, but will probably be delayed to 2027.

You can read the report here [pdf]. It clearly references the delays experienced by SpaceX due to regulatory roadblocks, but couches its language carefully so as to lay no blame on the government for those delays, placing the problem entirely on SpaceX instead.

In April 2023, after a 7-month delay, SpaceX achieved liftoff of the combined commercial Starship variant and Super Heavy booster during the Orbital Flight Test. But, according to SpaceX representatives, the flight test was not fully completed due to a fire inside the booster, which ultimately led to a loss of control of the vehicle. Following the launch, the Federal Aviation Administration—which issues commercial launch and reentry licenses—classified the commercial Starship launch as a mishap and required SpaceX to conduct a mishap investigation. The Federal Aviation Administration reviewed the August 2023 mishap report submitted by SpaceX and, as a result, cited 63 corrective actions for SpaceX to implement before a second test.

SpaceX had planned this demonstration as the first test flight of the booster stage, as well as the first test with the Starship riding on the booster and the whole system experiencing stage separation. However, SpaceX representatives said their Autonomous Flight Safety System initiated the vehicle self-destruct sequence and the vehicle began to break up about 4 minutes into the flight after the vehicle deviated from the expected trajectory, lost altitude, and began to tumble. HLS [Human Landing System] officials said that while the flight test was terminated early, it still provided data for several Starship technologies, including propellant loading, launch operations, avionics, and propulsion behavior.

GAO graphic

Note how this language makes it seem like the launch was a failure, when in fact SpaceX never expected it to reach orbit and instead intended to use the problems that occurred during this engineering test launch to find out what engineering designs needed to be reworked.

This language illustrates the fundamental dishonesties that routinely permeate government actions. The funniest and most absurd example of this intellectual dishonesty however has to be the graphic posted to the right, taken from the GAO report. The graphic gives the false impression that Orion and Lunar Gateway are far larger than Starship, when in fact, several of both could easily fit inside Starship’s planned cargo bay. In fact, when Starship finally docks with Lunar Gateway the size difference is going to make NASA’s effort here seem very picayune. Apparently, the GAO (or possibly NASA) decided it needed to hide this reality.

The real problem NASA’s Artemis program faces is red tape coming from the FAA and Fish & Wildlife. The GAO fails to note this fact, which makes its report far less helpful than it could have been.

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House committee passes its new commercial space act on partisan vote

9:19 am

By a party-line vote of 21-17, the Republicans on the House Science, Space and Technology Committee yesterday passed the proposed new commercial space act that had been earlier formulated with industry input and approval, rejecting the alternative proposal that the White House had suddenly dropped on them two weeks ago.

The head of the committee, Frank Lucas (R-Oklahoma), outlined the problems with the White House proposal.

For Lucas, the Space Council’s proposal is a “needless expansion of government authority.” Instead of consolidating new regulatory authority at the Department of Commerce as proposed in H.R. 6131, the White House would assign some activities there and others to the FAA. “Whereas our bill creates a one-stop shop to the extent possible, under this proposal, organizations would be forced to get multiple licenses from multiple cabinet-level departments.” Along with other objectionable provisions, he concluded that “instead of streamlining already convoluted processes, the Space Council is adding to bureaucracy and stifling innovation.”

That White House proposal was also opposed by the industry, which saw it as a power grab that would stifle the industry.

Whether this bill will become law remains to be seen. The full House still has to vote on it, and then the Senate, and then Joe Biden has to be wheeled into his office, a pen handed to him, and someone must guide that hand to sign the bill. Considering that the White House staff opposes the bill, it might refuse to do this latter guiding. Similarly, the Democratic Party’s eagerness to expand regulation and the power of the federal government means that in the Senate it will likely oppose this bill as well.

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Space industry expresses opposition to White House regulatory proposal

9:10 am

Not surprisingly, the Commercial Spaceflight Federation (CSF), the industry group that represents pretty much the entire new commercial space business, has sent a letter to both the House and Senate expressing strong opposition to the November 15th White House regulatory proposal that would impose heavy regulation on both launches and the construction of any private facility in space.

“We oppose the recently released National Space Council (NSPC) proposal on the topic in its current form, which fails to consider the points that CSF and many other stakeholders raised during the NSPC listening sessions last year,” CSF said in its letter to Congress.

The organization raised several concerns, including how responsibilities would be split between the two departments and the potential for “duplicative and conflicting” requirements between Commerce and Transportation. “For some operations, it is unclear which agency would hold the authority to issue a relevant license, or if multiple licenses would be needed,” it stated.

The group is concerned about giving additional responsibilities to the FAA’s commercial space transportation office without also significantly increasing its budget, noting that the office is struggling to keep up with its current launch and reentry licensing. At an October hearing of the Senate Commerce Committee’s space subcommittee, industry officials recommended increasing that office’s budget to handle launch licensing work, without any discussion of it taking on additional responsibilities.

CSF was also worried that the proposed mission authorization system could disrupt plans by NASA to shift from the International Space Station to commercial stations by the end of the decade. “Introducing a bifurcated and unclear regulatory regime for commercial space stations,” the letter stated, “could risk U.S. leadership in low-Earth orbit.”

Apparently the entire space industry came to the same conclusion I did after reading the White House proposal after its release:

Essentially, these new rules — purposely written to be vague — will allow the government to forbid any activity in space by private citizens it chooses to forbid. No private space station could launch without government approval, which will also include the government’s own determination that the station will be operatied safely. Once launched, the vagueness of these regulations will soon allow mission creep so that every new activity in space will soon fall under its review.

Since no one in the government is qualified to supervise things like this, in the end politics and the abuse of power will be the rule.

It must be noted that the entire Democratic Party caucus in the House apparently approves of this power grab, because they immediately abandoned all support of the previously negotiated proposal that the industry and Congress had worked out and a House committee was about to pass. Their opposition forced that committee vote to be canceled. According to that committee, it will resume its consideration of that bill today. We shall see if this industry opposition changes any of their minds.

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Real pushback: Soldiers punished by Biden for refusing jab now sue for billions

11:48 am

Fighting the left's playbook
Fighting the left’s playbook

Bring a gun to a knife fight: The many military soldiers punished by Biden for refusing the Covid jab have now filed a class action lawsuit for what they expect to be worth billions.

Former troops are suing the U.S. government for lost pay and benefits due to the Biden administration’s military vaccine mandate, one of the lawyers who successfully brought down the Anthrax vaccine told Breitbart News.

Attorney Dale Saran, a retired Marine, and fellow attorneys Andy Meyer and Brandon Johnson are representing the former troops in three separate lawsuits they plan to turn into a class action lawsuit on behalf of all service members who were either kicked out or illegally ordered to stop drilling, resulting in loss of pay or benefits. Saran said the amount is in the “billions.”

“It’s worth billions. That’s just flat-out. That’s what it is in backpay. It’s billions of dollars,” he said.

Though only about 8,000 active-duty troops were kicked out of the military due to the Biden jab mandate, the lawyers estimate another 80,000 to 100,000 soldiers are due compensation for lost benefits because they were made inactive or forbidden from participating in drill activities.

The lawsuit has been filed in U.S. Court of Federal Claims, a specialized court where illegal military discharges are heard. Lawyer Saran won a similar suit in that court over the military’s anthrax mandates back in the late nineties. The case now is likely stronger because, as he notes,

They were basically [without] the benefit of any due process. No boards were held. They didn’t hold any administrative separation boards; they didn’t hold any hearings. They didn’t do any federal recognition boards; none of the administrative or judicial procedures were used. They just flat-out did it.

This willful refusal to follow the law has been typical behavior by the left since the start of the Wuhan panic. The law no longer applies to them. They want to do something, they do it, even if it is illegal and hurts someone else. Shutter businesses illegally, silence opponents illegally, favor some races illegally, fire soldiers illegaly, mandate jabs and masks illegally, demand health records illegally: All okay because the good people are doing it! How dare you question their righteousness?

The worst aspect of these violations of law has been the meek willingness of everyone to go along with them. Most shameful.
» Read more

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Musk: Next Starship/Superheavy test launch could happen in only 3 to 4 weeks

9:50 am

Superheavy & Starship, on their way
Superheavy & Starship, shortly after liftoff on November 18th

In a tweet on November 19, 2023, Elon Musk revealed that SpaceX could be ready for its next Starship/Superheavy test launch in only a matter of weeks, assuming federal red tape doesn’t get in the way.

Starship Flight 3 hardware should be ready to fly in 3 to 4 weeks. There are three ships in final production in the high bay (as can be seen from the highway).

In reporting on the second test launch on November 18, 2023, I noted that with prototypes ready to go SpaceX could probably launch within a month. Musk has now confirmed that assessment.

I also predicted that the FAA and Fish & Wildlife would not allow such a thing, and though they will determine there is no reason not to launch again, they will not issue a launch licence until the February/April time frame.

I want this prediction clearly on the record. It is important for the public to know the source of these delays.

It is also important for the press to apply pressure on these government paper pushers so they don’t feel encouraged in their intransigence. When I made a similar (and wholly accurate) prediction in May about the second launch, many in the press criticized that prediction (directly and indirectly) for daring to say bad things about government regulators. Now it appears that others in the press are no longer so naive, and are willing to note the slowness of the licensing process.

The regulators might not want to stand in the way and are simply following procedure. The press however mustn’t treat them gently. It must hold their feet to the fire to make sure they don’t take their time doing so.

Moreover, we have seen fewer headlines claiming falsely that the rocket “blew up” or “exploded.” Instead, a large percentage of the press now got it right and noted the mission’s success and that the destruction was not an accident but part of the self-destruct system.

After the last launch I lambasted the press for getting these facts wrong. Maybe holding their feet to the fire forced a reassessment and better reporting this time around.

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Musk: Starship/Superheavy launchpad essentially undamaged after launch

12:37 pm

Superheavy launchpad post launch
Click for original image.

In a tweet posted only a short time ago, Elon Musk announced that the redesigned and rebuilt Boca Chica launchpad experienced little or no damage during the launch of Superheavy/Starship on November 18, 2023.

Just inspected the Starship launch pad and it is in great condition!

No refurbishment needed to the water-cooled steel plate for next launch.

Congrats to @Spacex team & contractors for engineering & building such a robust system so rapidly!

Musk included the picture to the right in the tweet, showing the essentially undamaged launchpad pad. A close looks suggests there was some damage to the rear pillar near the top, but overall it appears the next launch could occur here very quickly.

Musk of course is wrong about who he credits for redesigning and rebuilding this launchpad. The real credit must go to the FAA bureaucrats who led the investigation and must have clearly guided those SpaceX engineers and contractors. To expect private citizens to think for themselves and come up with such difficult engineering without supervision from government paper-pushers in Washington is unreasonable and unfair. Maybe the Biden Justice Department should consider another lawsuit against Musk, this time for spreading more disinformation!

Moreover, who cares that the launchpad deluge system worked exactly as planned? We must allow Fish & Wildlife to spend several months now to investigate this launch — as well as write a long report of many words — to make sure that deluge of water did not harm any of the wildlife that lives on this barrier island, which has a water table of essentially zero and is flooded regularly and repeatedly by storms over time.

Anyone who disagrees is clearly a bigoted racist who wants to harm little children!

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House committee delays vote on commercial space bill due to new White House proposal

8:59 am

Because of the sudden announcement by the White House of its own version of a new commercial regulatory space bill, the House Science committee was forced to delay the voting on November 15, 2023 of its own new commercial space bill, put forth by Republicans.

The committee met Nov. 15 to mark up the Commercial Space Act of 2023 and one other bill. At the end of the markup, lasting more than three and a half hours including a recess, the committee’s chairman, Frank Lucas (R-Okla.) said the committee would delay votes to advance both bills until after the Thanksgiving break because of votes on the House floor and “and the nature of additional information that has become available to us.”

The latter comment appeared to be a reference to a legislative proposal released by the White House’s National Space Council less than an hour before the markup regarding a mission authorization concept for new space activities. That proposal would establish a system where both the Commerce Department and the Transportation Department would oversee activities not regulated today, based on the type of activity.

The House bill, introduced Nov. 2 by Lucas and space subcommittee chairman Rep. Brian Babin (R-Texas), would create its own mission authorization system at the Commerce Department. It would also direct Commerce to hand over responsibility for a civil space traffic coordination system to a consortium led by an academic or nonprofit organization, rather than keeping it within the Office of Space Commerce as currently planned. Lucas, in his opening remarks, said he was aware of the new White House proposal but has reservations about it. “These proposals, I fear, simply go in the wrong direction and hurt rather than support America’s space industry,” he said.

Both bills were aimed at realigning the regulatory regime governing private space activities. The House bill’s final form apparently had been written with a lot of industry input. The White House bill, supported by Democrats, appears designed instead to clamp down on commercial space by allowing the federal bureaucracy to regulate everything.

Both bills unfortunately give too much power to the federal government, though the Republican bill at least tries to shift some of that power to the private sector, where it belongs.

One of the main reasons we have had a rennaisance in commercial space in the past decade is that there has been little regulation. The private sector has been left to regulate itself, and it has generally done so very successfully because of the invisible hand of free market forces. Build things right and the world beats a path to your door. Do it badly and no regulation is needed, you go out of business.

Modern Americans no longer trust these fundamentals of freedom and capitalism, and so we have a rush by government to establish “rules,” none of which will really accomplish anything but slow development and innovation and squelch this emerging industry.

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Saxavord spaceport gets launch deal from German rocket startup

2:07 pm

The Saxavord spaceport, one of two being built in Scotland, has signed a launch deal from the German rocket startup Hy-Impulse, with two suborbital test launches scheduled for next year and an orbital launch targeting 2025.

HyImpulse, a launch services provider and DLR spinoff based in Baden-Württemberg, Germany, is currently gearing up for its inaugural suborbital launch early next year from Australia. It will however look to conduct two suborbital launches from SaxaVord Spaceport, located in Scotland’s Shetland Islands, from August 2024 onwards. HyImpulse has already secured an Air Navigation Order (ANO) license from the UK’s Civil Aviation Authority for one launch.

These will be followed by first orbital launches from late 2025 onwards. The plan envisions rising to full commercial operations by 2030.

All this assumes that the UK’s Civil Aviation Authority (CAA) can issue the launch licenses in time. After all it only six to ten months to approve those suborbital launches, and almost two years to approve the orbital launch. So far the CAA has proven unable to approve anything within even those long time frames.

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Biden White House proposes major expansion of the regulations governing commercial space

9:23 am

We’re here to help you! The Biden White House yesterday proposed a major expansion of the regulations that govern commercial space, with the changes aimed at splitting all regulation within the Transportaion and Commerce Departments, but expand the regulations to so as to increase the power of the government over all future activitives, from rockets to spacecraft to space stations.

According to the White House’s statement [pdf]:

Specifically, this proposal would amend 51 U.S.C. 50902 to define a “human space flight vehicle” as a vehicle, including a launch vehicle or reentry vehicle, habitat, or other object, built to operate in suborbital trajectory or outer space, including on a celestial body, with a human being on board. A license would then be required for a citizen of the United States to operate a human space flight vehicle in outer space. (51 U.S.C. 50904).

DOT would authorize the operation of a human space flight vehicle consistent with public health and safety, safety of property, space sustainability, international obligations of the United States, and national security, foreign policy, and other national interests of the United States. (51 U.S.C. 50905). This proposal adds “space sustainability” and “other national interests” to DOT’s current authority. Including “space sustainability” would allow DOT to include debris mitigation and require measures to protect the sustainable use of outer space in their regulations, to include the mitigation and remediation of orbital debris and consideration of impacts to the space operational environment. [emphasis mine]

Essentially, these new rules — purposely written to be vague — will allow the government to forbid any activity in space by private citizens it chooses to forbid. No private space station could launch without government approval, which will also include the government’s own determination that the station will be operatied safely. Once launched, the vagueness of these regulations will soon allow mission creep so that every new activity in space will soon fall under its review.

Since no one in the government is qualified to supervise things like this, in the end politics and the abuse of power will be the rule.

Moreover, by what constitutional right does the federal government have to supervise the work of all space companies, in all things? It doesn’t have that right, and in fact the Constitution was written expressly to forbid it from attempting such a thing. The Constitution however is nothing more than fish wrap in modern America.

Note that most other news reports on this proposal are making it sound as nothing more than a simple revision of the law to better organize the regulatory system. The assumption is always that the government is all-knowing and all-seeing, and has the ability to act as school teacher for everyone else.

Initially we can expect these regulations will be followed with good faith, but such things never last. Given time they will end up squelching freedom in space and the entire American effort to colonize the solar system. And should any American colony become reasonably self-sufficient under these rules (something not likely), the rules guarantee that they will revolt from American rule as quickly as possible.

At this moment this proposal is simply that. Congress needs to review it and decide if it wishes to do as the Biden White House proposes. Though it is unlikely it will pass as written, it is also likely that our present Congress will simply reword it to accept this expansion of power, in some manner.

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