Tag: regulation

FCC puts the squeeze on SpaceX’s Starlink

9:07 am

More than two years after SpaceX had first requested regulatory permission to launch its full 30,000 Starlink satellite constellation, FCC (under the Biden administration) has finally made a decision, and in doing so it has arbitrarily reduced the number of satellites SpaceX can launch to 7,500.

On November 29th, 2022, the FCC completed that review and granted SpaceX permission to launch just 7,500 of the ~30,000 Starlink Gen2 satellites it had requested permission for more than 30 months prior. The FCC offered no explanation of how it arrived at its arbitrary 75% reduction, nor why the resulting number is slightly lower than a different 7,518-satellite Starlink Gen1 constellation SpaceX had already received a license to deploy in late 2018. Adding insult to injury, the FCC repeatedly acknowledges that “the total number of satellites SpaceX is authorized to deploy is not increased by our action today, and in fact is slightly reduced.”

That claimed reduction is thanks to the fact that shortly before this decision, SpaceX told the FCC in good faith that it would voluntarily avoid launching the dedicated V-band Starlink constellation it already received a license for in order “to significantly reduce the total number of satellites ultimately on orbit.” Instead, once Starlink Gen2 was approved, it would request permission to add V-band payloads to a subset of the 29,988 planned Gen2 satellites, achieving a similar result without the need for another 7,518 satellites.

In response, the FCC slashed the total number of Starlink Gen2 satellites permitted to less than the number of satellites approved by the FCC’s November 2018 Starlink V-band authorization; limited those satellites to middle-ground orbits, entirely precluding Gen2 launches to higher or lower orbits; and didn’t even structure its compromise in a way that would at least allow SpaceX to fully complete three Starlink Gen2 ‘shells.’ Worse, the FCC’s partial grant barely mentioned SpaceX’s detailed plans to use new E-band antennas on Starlink Gen2 satellites and next-generation ground stations, simply stating that it will “defer acting on” the request until “further review and coordination with Federal users.”

Apparently, the FCC’s decision here was essentially a rubber-stamp of recommendations by Amazon, whose Kuiper constellation (so far entirely unlaunched) would be SpaceX’s direct competitor. In other words, the FCC is now taking sides against Starlink to favor its competitors.

Read the entire article. In every way this FCC decision smacks of politics, partly to help a Democratic ally (Jeff Bezos) and partly to hurt someone the Democrats now see as an enemy (Elon Musk).

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Virgin Orbit’s cash problems continue

9:25 am

Because of endless delays getting a regulatory approval of a launch in the United Kingdom, Virgin Orbit has been unable to complete the 4 to 6 launches in 2022 that it had planned, and is thus experiencing serious cash shortages that has now caused it to cancel plans to sell “additional securities.”

Virgin Orbit reported third quarter revenues of $30.9 million, which exceeded the zero revenues reported in Q3 2021. The company’s net loss was $43.6 million, which was higher than the $38.6 million loss in Q3 2021.

While costs and losses have mounted, Virgin Orbit has experienced delays in increasing its launch rate. The company had planned to conduct four to six launches this year. Today, the total stands at only two with just over a month left in 2022.

Virgin Orbit’s third launch was originally scheduled to take place in last August from Spaceport Cornwall in England. The company is still awaiting a license from the UK government that would allow the launch to take place. It is the first time the government has licensed both an orbital launch and a spaceport, so the process it taking longer than anticipated.

The company had not only ramped up production of its LauncherOne rocket in anticipation of an increased launch rate, it also purchased two more 747s to act as the rocket’s first stage carrier. Those actions however were based on the ability to increase the launch rate, which has been stymied since the summer by Great Britain’s Civil Aviation Authority, which can’t seem to issue permission for Virgin Orbit to launch from a runway in Cornwall.

The canceled sale of securities appears part of the entire investment deal near the end of 2021. The cash shortages and this deal also appear connected to the decision by Richard Branson’s Virgin Group to invest $25 million in Virgin Orbit earlier this month.

Virgin Orbit officials say they intend to double their launch rate in 2023. I suspect that they have to. It is now sink or swim.

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Rocket startup Agnikul Cosmos opens first commercial launchpad in India

9:09 am

Capitalism in space: The Indian rocket startup Agnikul Cosmos has completed construction on the first privately owned launchpad in India, with the first suborbital launch planned before the end of this year.

Agnikul’s infrastructure comprises a launchpad and a Mission Control center 4 kilometres away, both within ISRO’s facilities on the island located off the coast of Chennai. The space pad was designed by Agnikul, constructed over two months, and is a part of the MoU signed between ISRO and Agnikul (among other space startups) under the new regulatory authority IN-SPACe’s first batch of support projects for private companies from ISRO.

Currently, it is capable of launching Agnikul’s rocket, the Agnibaan. [emphasis mine]

The first test launch is apparently not going to be orbital, but a technology test of the launch pad, its fueling facilities, and the 3D-printed engine Agnikul has built for Agnibaan.

The highlighted words once again note the effort by the Indian government to emulate the U.S. policy in the past decade to transition from a government-run space program to a privately-run competing and chaotic space industry. This MoU (memorandum of understanding) probably resembles the first space act agreements NASA issued to SpaceX and Orbital ATK. The agreements gave private companies aid and assistance, but the companies retained full ownership of what they build, and were left free to design things as they saw fit, not as the government dictated.

That two different Indian companies, Agnikul and Skyroot, are on the verge of their first orbital launches signals that this policy is succeeding. Agnikul has tested its engines and built its launchpad. Skyroot has completed its first suborbital launch.

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France, Germany, and Italy agree on allowing competition from European rocket startups

9:02 am

Capitalism in space: France, Germany, and Italy yesterday signed an agreement [pdf] whereby they agreed to push European policy-makers to allow competition from independent European rocket startups for launch contracts.

At least, this is what I think they have agreed to. I have read the article and the agreement several times, and remain somewhat unsure of their intent. The agreement is couched in the typical bureaucratic language specifically designed to obscure meaning. The article does little to clarify things.

It appears this is the key language in the agreement:

The proposed acknowledgement of operational European NewSpace micro and mini launch systems for ESA satellite launch service procurements, upon its adoption by Council, would effectively represent a first step towards an evolution of the launch service procurement policy for ESA missions as referred to in the ESA Council Resolution adopted in 2005.

What I gather is that these three countries no longer want European launch contract awards limited to the Arianespace rockets Ariane-6 and Vega-C. They want bidding opened to all European rocket startups, and they want the elimination of rules that require all contracts distributed by quota to European countries.

Germany already has three commercial rocket startups on the verge of their first launch, and apparently wants the European Space Agency to stop favoring Arianespace in launch contracts. That France and Italy are going along with this is significant, since Ariane-6 is dominated by French developers and Vega-C is dominated by Italian developers.

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UK awards launch license to Cornwall airport

9:31 am

After several months delay, the Civil Aviation Authority (CAA) in the United Kingdom yesterday issued a license to a Cornwall airport, dubbed Spaceport Cornwall, allowing Virgin Orbit to begin final preparations for the first orbital launch from within the British Isles.

The red tape however is not done.

The licence means that Virgin Orbit, which is behind the launch (named Start Me Up after the Rolling Stones song), is clear to begin to carry out mission-readiness tasks. But further licences are needed relating to this specific mission before blast-off can happen.

Melissa Thorpe, the head of Spaceport Cornwall, said: “To be the first spaceport in the UK with a licence to operate is a historic moment. Cornwall is now ready to open up the use of space for good.” She added: “The CAA continues to work on several licence applications, including being in very advanced stages with Virgin Orbit on its applications for launch and range licences, as well as the satellite operators, ahead of a proposed first UK launch.

I am reminded of the meme showing a crowd of officials surrounding one ditch digger, with the only one doing any real work that digger. It appears right now that the bureaucrats in the CAA might outnumber the staffing at both Virgin Orbit and Cornwall, and all they have to do is issue a piece of paper.

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Time to face some hard truths about America’s political future

2:04 pm

Doesn't exist any more
This document does not exist anymore. If you rely on its
words to defend your freedom you will lose.

This essay is not one I wish to write. In fact, I stalled for about an hour today before beginning. I am generally an optimistic person, but I also try to be an intellectually honest one. I do not shirk from bad news, but I also do not like reporting it.

Today’s news is so bad it almost makes me physically sick.

On January 4, 2021, shortly before Joe Biden was officially installed as president, I wrote an essay describing that event as the “ultimate [in] Republican Party failure theater.” Though that party controlled all the levels of government designed to control elections and prevent a steal, it had refused to use those tools and had allowed the very questionable election victory of Joe Biden to move forward. I concluded,

The problem will be that no future election will be trustworthy. If the Democrats had stolen the election with voter tampering, they will now know they can do it with impunity. Even if every American voted Republican, the Democrats will use this power to manipulate the totals to guarantee victory forever. They might allow some Republicans to win to create the illusion of a real election, but only for awhile. Power corrupts, and absolute power corrupts absolutely. Given such power the Democrats will eventually move to eliminate elections entirely. Why bother with the charade when they know they’ll win anyway? [emphasis mine]

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Several major rocket companies to the FCC: stay out!

8:58 am

In response to the proposal by managers at the Federal Communications Commission (FCC) that it regulate satellite operations despite having no actual legal authority to do so, a cohort of major rocket companies as well as others have responded in firm opposition.

Major space companies, including SpaceX and Relativity, are urging the U.S. Federal Communications Commission (FCC) to stick to its purview — spectrum usage — as it looks to potentially update its rules for in-space servicing, assembly and manufacturing (ISAM) missions.

There is plenty that the FCC could — and should do — to support ISAM missions that sit squarely within its regulatory bounds, the companies said. SpaceX and others, as well as startups like Orbit Fab, which wants to build refueling depots in space, and Starfish Space, which is developing a satellite servicing vehicle, submitted recommendations related to spectrum and ISAM. The commission also heard from Blue Origin, Lockheed Martin, United Launch Alliance and other space companies and industry groups.

…Relativity Space and the industry association Commercial Spaceflight Federation separately argued that the FCC’s involvement in issues outside of those related to spectrum could result in duplicative approvals processes. These could be especially challenging for smaller startups and newer space entrants to navigate.

It is likely that if the FCC tries to impose regulations outside of its legal authority, one or more of these companies are going to sue to nullify those regulations, and will likely win. In the process nothing will be gained, and much lost. Thus, this advice from the industry makes great sense, and the FCC and the Biden administration should stop playing empire-building games and focus on what it is legally supposed to do.

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UK govt requests public comment on Shetland spaceport

9:11 am

The Civil Aviation Authority (CAA) of the United Kingdom, tasked with regulating space operations, has requested public comment on the environmental impact of the proposed Shetland spaceport, dubbed SaxaVord and presently under construction.

Shetland Islands Council granted planning permission in February, with Lockheed Martin and Skyrora among the companies looking at launching satellites, as early as next year.

One of the environmental considerations is for no launches or tests between mid-May and the end of June to avoid disturbing breeding birds. U nst’s 135 bird species include red-throated divers, merlins, puffins and Arctic terns.

The spaceport has said it expects to conduct at least 30 launches a year, once operational. That number is probably optimistic.

Meanwhile, it is beginning to appear that — at least in these early stages — the CAA is not going to be helpful to Great Britain’s effort to develop a space industry. Not only does this action suggest it is not enthused about this spaceport and is putting up barriers to it, it has slow-walked the licensing of the Virgin Orbit launch from Cornwall, costing that company so much money because of the delay that its liquidity was threatened.

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Virgin Orbit’s first launch from UK delayed by red tape

9:35 am

We’re here to help you: The first launch of a satellite from the United Kingdom, launched by Virgin Orbit by taking off from a runway in Cornwall, is experiencing prolonged delays getting its license approved by the British bureaucracy.

While the company says there are no specific issues holding up approval, the permit remains unapproved. Virgin Orbit had hoped initially to launch in the summer, but could not, and this delay has also delayed its later launches and thus reduced its profits in 2022, forcing it to obtain extra investment capital from Richard Branson’s Virgin Group in order to pay the bills.

Meanwhile, the British bureaucracy struggles to issue the licenses.

The delays have attracted the attention of a House of Commons committee, which released a report Nov. 4 criticizing those delays and calling for more personnel to be assigned to reviewing license applications. “For this initial set of licence applications, the Department for Transport must provide additional resource to the CAA [Civil Aviation Authority] to ensure that the licensing process does not impede the feasibility of a launch this year,” the report stated.

A source familiar with the CAA’s licensing activities, speaking on background, noted that the CAA now had about 50 people working on license applications, up from the 35 mentioned in the report. That included one person seconded to the CAA from the U.S. Federation Aviation Administration’s Office of Commercial Space Transportation.

As always, private enterprise gets it done, while government requires dozens of people and months to simply fill out forms. Worse, we all know the CAA is going to say yes. The delay is simply a game to justify its existence, not to really accomplish anything.

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Japan issues license allowing Ispace to do private business on Moon

9:51 am

With the launch of Ispace’s first lunar lander, Hakuto-R, only two weeks away, the private company has obtained a license from the Japanese government to conduct private transactions on the Moon.

The license allows Ispace to complete a contract awarded by NASA in December 2020, to acquire regolith from the lunar surface to sell to the space agency. During M1, Ispace is expected to collect regolith that accumulates on the footpad of the landing gear during the touchdown on the surface, photograph the collected regolith and conduct an “in-place” transfer of ownership of the lunar regolith to NASA. After ownership transfer, the collected material becomes the property of NASA, under the Artemis program. Under the contract, the lunar regolith will not be returned to Earth.

Under a second contract awarded to Ispace’s subsidiary [Ispace EU] … Ispace EU will acquire the lunar material on its second mission scheduled for 2024 as part of the HAKUTO-R program. An application for Mission 2 will be submitted to obtain a separate authorization.

This mission will also land the UAE’s first lunar rover, Rashid.

According to the Outer Space Treaty, it is the responsibility of each nation to regulate the private operations of its citizens in space. This action thus follows the laws that Japan has passed to supervise commercial space companies.

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FCC chief proposes agency reorganization of its space-related bureaucracy

3:15 pm

At an industry conference today the head of the FCC announced her plan to reorganize and enlarge the agency’s space-related operations.

In a speech at a Satellite Industry Association event, FCC Chairwoman Jessica Rosenworcel announced her intent to reorganize the commission’s International Bureau into a new Space Bureau and a standalone Office of International Affairs. That reorganization, she said, would give satellite licensing and regulatory work greater prominence and access to more resources. “The organizational structures of the agency have not kept pace as the applications and proceedings before us have multiplied,” she said, saying that the FCC has applications under consideration for systems totaling 64,000 satellites. “You can’t just keep doing things the old way and expect to lead in the new.”

Having a bureau devoted to space, she said, would go hand-in-hand with efforts to increase staffing and develop new regulations for space systems. “This organization will help ensure that the new Space Bureau and the Office of International Affairs stay relevant, efficient and effective over time.”

As noted at the article at the link, this reorganization appears tied to the FCC’s to expand its regulatory scope, including an attempt recently to regulate satellite operations and space junk that is clearly beyond its statutory authority. The agency’s chief counsel, Umair Javed, denied this in a quote in the article, but anyone who believes this denial is quite naive. Government agencies always try to increase their power, and if no one challenges them they are always willing do so, even into areas the law doesn’t permit them to go.

It is also clear that no one in the Biden administration has any plans to challenge Rosenworcel’s empire-building.

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American freedom sets a new yearly record for rocketry

11:08 pm

Liberty enlightens the world
Liberty has now also enlightened the exploration of space

Capitalism in space: In 1966, more than a half century ago, the United States government was in a desperate space race to catch up with the communist Soviet Union, which for the previous decade had been first in almost every major achievement in space, from launching the first orbital satellite, the first manned mission, the first two- and three- manned missions, and the first spacewalk.

In 1966, the NASA and the U.S. military successfully launched 70 times in their effort to catch up, a number that has remained the record for more that five decades as the most American launches in a single year.

All but one of those seventy launches were either for NASA or the military, paid for and built not for profit but for achieving the political ends of the federal government. Many of those seventy launches were also short duration technology test satellites, whose purpose once achieved ended those programs.

By the end of the 1960s, this aggressive effort had paid off, with the U.S. being the first to land humans on the Moon while matching or exceeding the Soviets in almost every major technical space challenge. The need for such an aggressive government launch program vanished.

Thus, for the next half century, the United States rarely exceeded thirty launches in a single year. This low number was further reduced by the decision in the 1970s by the federal government to shut down the entire private launch industry and require all American manned and satellite payloads to be launched on NASA’s space shuttle.

Come 2011 and the retirement of the space shuttle, all this finally changed. The federal government began a slow and painful transition in the next decade from building and launching its own rockets to buying that service from the private sector. It took awhile, but that transition finally allowed the rebirth of a new American private launch industry, led by SpaceX and its Falcon 9 rocket.

Tonight, that SpaceX Falcon 9 rocket completed the 71st launch in 2022, breaking that 1966 record by placing in orbit a commercial communications satellite. And it did it with almost two months left in the year, guaranteeing that the record has not only be broken, it will be shattered.
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