Tag: regulation

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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FAA and Fish & Wildlife approve further launches of Starship/Superheav at Boca Chica

12:35 pm

Starship/Superheavy flight plan for first orbital flight
The April Starship/Superheavy flight plan. Click for original image.
The slightly revised flight plan for flight two can be found here.

Starship stacked on Superheavy, September 5, 2023
Starship stacked on Superheavy, September 5, 2023,
when Elon Musk said it was ready for launch

UPDATE: The FAA has now issued the launch licence [pdf]. Note it adds that the FAA and Fish & Wildlife have imposed new requirements (as noted in the announcements below) on SpaceX on this and future launches, all of which will have to be reviewed after each launch.

Original post:
————————-
Both the FAA and the Fish & Wildlife department of the Interior Departiment today released their completed investigations of the environmental impacts created by the first test launch of SpaceX’s Starship/Superheavy rocket in April 2023, and (not surprisingly) concluded that the launch did no harm, and that a second launch can be allowed.

The FAA report can be found here [pdf]. The Fish & Wildlife report can be found here [pdf]. Both essentially come to the same conclusion — though in minute detail — that Fish and Wildlife had determined in April 2023, only a week after that first test launch.

No debris was found on lands belonging to the refuge itself, but the agency said debris was spread out over 385 acres belonging to SpaceX and Boca Chica State Park. A fire covering 3.5 acres also started south of the pad on state park land, but the Fish and Wildlife Service didn’t state what caused the fire or how long it burned.

There was no evidence, though, that the launch and debris it created harmed wildlife. “At this time, no dead birds or wildlife have been found on refuge-owned or managed lands,” the agency said. [emphasis mine]

In other words, the investigation for the past seven months was merely to complete the paperwork, in detail, for these obvious conclusions then.

As part of the FAA action today, it also issued range restrictions for a November 17, 2023 test launch at Boca Chica. Though there is no word yet of the issuance of an actual launch license, it appears one will be issued, and SpaceX is prepared for launch that day, with a 2.5 hourlong launch window, opening at 7 am (Central). SpaceX has already announced that its live stream will begin about 30 minutes before launch, at this link as well as on X.

Hat tip to BtB’s stringer Jay and my reader Jestor Naybor for these links.

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Musk: Government approval for 2nd Starship/Superheavy launch expected before Friday

8:35 am

According to a tweet today by Elon Musk, he has been informed that the federal government will give its blessing for SpaceX to conduct the second Starship/Superheavy test launch from Boca Chica in time for a Friday November 17, 2023 launch.

The launch window opens at 7 am (Central) and lasts until 11:20 am.

Let us all now bow our heads to our lords and saviors at the FAA and Fish and Wildlife for finally deciding to allow this once-free American to simply do something the government was once forbidden from blocking. The worst part is that the fundamental law that forbids such government interference (its called the Constitution and the Bill of Rights) has not been officially repealed, merely morphed into nothing more than fish wrap while everyone decided to look the other way.

Be warned: Even if by some miracle this second test launch goes perfectly, these government agencies are still not going to allow a quick turn-around for a third launch. No, they will put SpaceX through the same investigatory grind, eating up months. And if the more likely scenario occurs, and the launch does not go perfectly, I guarantee the grind will go on longer.

Sovereign power now resides within Washington, not the people of the United States. The proof is how so many of those people now consider this situation normal and expected.

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FCC extends SpaceX’s communications license for Starship/Superheavy launch

6:46 pm

The FCC tonight extended SpaceX’s communications license for Starship/Superheavy launch from December 1, 2023 to February 23, 2024.

Though there are a lot of rumors that Fish and Wildlife is about to approve the launch, which will allow the FAA to issue the actual launch license, this extension suggests SpaceX is covering its bets in case the approvals are further delayed, or if they are approved in November weather issues force a delay into December.

I remain pessimistic about a November launch, not because I don’t want it to happen (I do), but because I have no faith in the federal government’s desire to allow it to happen. The bureaucracy has now delayed this launch more than two months (SpaceX was ready to launch in September) and the politics continue to sugges the delays will continue.

Hat tip to BtB’s stringer Jay for the link.

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Japanese billionaire finally concedes his Starship Moon mission won’t happen in 2023

9:14 am

Japanese billionaire Yusaku Maezawa finally admitted publicly today that his manned Moon mission using SpaceX’s Starship/Superheavy rocket won’t happen in 2023 as first announced in 2018.

The most significant part of the announcement? “”We’re not sure when the flight will be,” Maezawa noted on X. Though SpaceX and several news sources claim that federal approval for the next test launch could occur as soon mid-November, Maezawa — as one of SpaceX’s most important customers — might have more detailed non-public information about that approval process.

Even if that second flight get approved and flies in November, it does not mean Maezawa’s manned mission will soon follow. SpaceX will certainly not be ready for manned Starship launches following this test. It will likely require at least a few more unmanned test launches, with each likely delayed months by the same federal bureaucracy that delayed the second test launch by months.

Unless something significant changes in how the federal government is regulating SpaceX at Boca Chica, the first manned flight of Starship is likely years away, no sooner than 2025, but more likely 2026 or 2027.

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FCC raises questions about SpaceX’s application to link cell phones to Starlink

9:20 am

The FCC has responded to SpaceX’s application to link cell phones to Starlink with a set of questions, mostly centered on finding out whether the company’s system might interfere with other communications systems.

“This analysis should take into account the worst case scenario of all satellites transmitting at the same time, including different power levels required for rain fade and cloud cover as well as clear sky conditions over a particular area of coverage,” the FCC wrote.

In addition, the same analysis should look at the “possibility of loss of service by other authorized satellite and terrestrial operators in that area,” the Commission added. Another request asks SpaceX to provide “a map with projected beam coverage” for the US, showing the maximum and typical power levels of the satellite cellular service. The FCC also wants to know how the company can shut down the cellular Starlink system in the event interference arises over certain geographic areas.

The FCC’s concerns appear reasonable, but no one should dismiss the possibility that politics are involved as well. The Biden administration, which now has a majority of appointees on the FCC, has made it clear it opposes almost everything Elon Musk is doing.

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Senate passes bill that gives NASA and Commerce responsibility for removing space junk

9:27 am

The Senate on October 31, 2023 passed a bill that requires NASA to develop several space junk removal projects while giving the Commerce department the responsibility of identifying what space junk needs to be removed.

The central part of the bill would direct NASA to establish an active debris removal program. Tnat includes creating “a demonstration project to make competitive awards for the research, development, and demonstration of technologies leading to the remediation of selected orbital debris.” It would also require NASA to enter into a partnership to fly a demonstration mission to remove debris.

The debris that could be removed by those demonstrations would come from a list developed by the Department of Commerce to identify debris “to improve the safety and sustainability of orbiting satellites and on-orbit activities.” The Department would also lead work on best practices for space traffic coordination. The bill directs the National Space Council to lead an update of the federal government’s Orbital Debris Mitigation Standard Practices.

Though unstated, this bill appears to be a direct slap at the FCC’s effort under the Biden administration to claim the power to regulate space junk, despite its lack of statutory authority to do so. In fact, the Senate underlined that slap in the face by also passing a bill that demanded the FCC streamline its regulatory overreach rather than expand it.

Neither bill is law yet, and it is unclear whether the House will agree to either. The Senate has sent the space junk bill to the House previously without passage.

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No launch of Starship/Superheavy until February?

10:15 am

Superheavy still going strong, shortly after Max-Q
Superheavy still going strong, shortly after Max-Q,
during April test launch

In an email statement released on October 19, 2023 by the Fish and Wildlife Service (FWS) and reported by Bloomberg news today, FWS decided to initiate a ” a formal review of the upgrades SpaceX has made to its Starship launch system”, beginning on October 5.

Most of the Bloomberg article is behind a paywall, but the second paragraph is really the key quote:

The FWS now has as long as 135 days to create an updated biological opinion about how Starship and its launches impact the local environment, however the agency does not “expect to take the full amount of time,” a representative said in the statement.

If FWS does take the full time period, no launch can occur before February. Nor should anyone naively believe its statement that it does not expect to take the full amount of time. For example, SpaceX completed installation of its upgraded Starship/Superheavy launch system, including the water deluge equipment at its base, in early August. Why did Fish and Wildlife wait till now, almost three months later, to begin its review?
» Read more

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Australia and the U.S. agree to facilitate rocket launches in Australia

10:37 am

A technology agreement announced on October 25, 2023 between Australia and the U.S. included language that will allow for American rocket companies to launch from Australia, as well as Australian rocket companies to launch American satellites.

According to the White House statement, the agreement…

…provides the legal and technical framework for U.S. commercial space launch vehicles to launch from Australia in a manner that: protects sensitive U.S. launch technology and data in Australia consistent with our shared nonproliferation goals; and creates the potential for new space-related commercial opportunities.

A private Australian spaceport, Equatorial Launch Australia (ELA), has been working to bring U.S. launches there. In addition, an Australian rocket startup, Gilmour Space, wants to launch American payloads. This new government agreement is supposed to facilitate both.

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Rocket Lab expects to resume Electron launches before end of year

10:26 am

Following September 2023 launch failure of its Electron rocket, Rocket Lab now says it has obtained a launch approval from the FAA, and expects to resume Electron launches before end of year.

In the company’s October 25, 2023 press release, it stated the following:

The FAA, the federal licensing body for U.S. launch vehicles, has now confirmed that Rocket Lab’s launch license remains active, which is the first step to enable launches to resume. Rocket Lab is now finalizing a meticulous review into the anomaly’s root cause, a process that involves working through an extensive fault tree to exhaust all potential causes for the anomaly, as well as completing a comprehensive test campaign to recreate the issue on the ground. The FAA is providing oversight of Rocket Lab’s mishap investigation to ensure Rocket Lab complies with its FAA-approved mishap investigation plan and other regulatory requirements. In addition, the National Transportation Safety Board (NTSB) was granted official observer status to the investigation. The full review is expected to be completed in the coming weeks, with Rocket Lab currently anticipating a return to flight later this quarter with corrective measures in place.

Though the FAA is apparently not trying to slow things down, this release gives us a hint at how the new so-called streamlined regulations established this year are actually making things harder. These regulations force the FAA to get more involved in making sure the company has done all due diligence, something the FAA really isn’t qualified to do. To meet these demands, companies now apparently have to jump through many new hoops to satisfy the new regulations.

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Blocked by its own American government, Varda now looks to Australia

9:18 am

Because the U.S. military as well as the FAA refused to issue Varda a license to land its recoverable capsule from orbit — carrying actual HIV pharmaceuticals that can only be manufactured in space — the company is now negotiating with a private range in Australia for landing rights.

The agreement between Varda and Southern Launch, a company based in Adelaide, Australia, would allow Varda’s second mission, scheduled to launch in mid-2024, to reenter and land at the remote Koonibba Test Range. “We plan, with the Koonibba Test Range, to conduct a reentry operation as soon as our second orbital mission, which the launch and reentry would be in mid-2024,” [Delian Asparouhov, the company’s chairman, president, and co-founder,] told Ars.[emphasis mine]

In other words, Varda’s first launched capsule, in space now but unable to land, has become a total loss, simply because the U.S. government blocked its return. The HIV drugs it produced while in orbit will never become available for sale. Nor will Varda be able to use it to demonstrate the returnable capability of its orbiting capsule.

Such a loss could easily destroy a startup like Varda, which is certainly not yet in the black as it develops its technology.

What is most disgusting about this blocking is that at the same time the military and the FAA refused Varda permission to land, those agencies had no problem letting NASA drop its OSIRIS-REx sample capsule in the same landing range in Utah.

Right now our federal government has become the enemy of the American people, doing whatever it can to stymie them, whether by intention or by incompetence.

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Update on Starship/Superheavy: Lots of work, no sign of FAA launch approval

9:20 am

Link here. The article provides a thorough review of the work SpaceX engineers have been doing in the past six weeks since the company announced on September 5th that it was ready to do a second test orbital launch of Starship (prototype #25) and Superheavy (prototype #9), but has been stymied by the refusal of the federal bureaucracy to grant a launch license.

For example, while waiting the company has done some tank tests with Starship prototype #26, which is not expected to fly but is being used for testing. The article outlines a lot of other details, but this is the key quote:

While Ship 26 started its engine testing campaign, SpaceX looks to be gearing up for a Wet Dress Rehearsal (WDR) for Booster 9 and Ship 25. Related notices have been posted for the coming week, marking the imminent return to a full stack for the next Starship to launch as soon as November, pending regulatory approval. [emphasis mine]

This source, NASASpaceflight.com, now admits that the FAA and Fish & Wildlife will not issue a launch license until November. Previous reports from it have tried to lay the blame for the delays on SpaceX. It now can no longer make that claim.

In April, after noting at great length the lack of harm done to wildlife by the first test launch (as admitted by Fish & Wildlife itself, the agency that is presently delaying things), I predicted the following:

[I]t appears that both the FAA and Fish and Wildlife are now teaming up to block any future launches at Boca Chica until SpaceX guarantees that the rocket and its launchpad will work perfectly. But since SpaceX must conduct launches to determine how to build and further refine the design of that rocket and launchpad, it can’t make that guarantee if it is banned from making launches.

We must therefore conclude that these federal agencies are more interested in exerting their power than doing their real job. They are therefore conspiring to shut Starship and Superheavy development entirely, or at a minimum, they are allowing their partisan hatred of Elon Musk and capitalism itself to delay this work as much as possible. As Lord Acton said in 1887, “Power corrupts, and absolute power corrupts absolutely.”

At that time I thought it very possible no further launches from Boca Chica would ever be approved. In May I refined that prediction, stating that come August the “…launch license will still not be approved, and we will still have no clear idea of when that approval will come. Nor should we be surprised if approval does not come before the end of this year.”

At the time that prediction was poo-pooed, with claims that I did not understand the regulatory process and that the government certainly did not want to stand in the way. It now appears my prediction was right on the money, and worse, my first prediction might be closer to the truth, that while the federal government doesn’t want to come right out and say, “No more launches from Boca Chica!”, it is imposing so many delays and requirements there that it makes the location impractical for SpaceX to use it as a launch test site.

The company desperately needs to get its second Starship/Superheavy launch site at Cape Canaveral operational. Otherwise it is unlikely it will ever be able to complete the development of this rocket.

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India’s government confirms its policy to transition to private enterprise in space

9:47 am

Capitalism in space: In a presentation at the International Astronautical Congress in Baku yesterday, one high official from India confirmed the Modi’s government’s new policy to shift is space industry from government-controlled to privately-run.

“A transition is happening in India. We are moving from ISRO [India’s space agency] being the sole player in the space sector to the private sector taking on a more meaningful role,” Pawan Goenka, chairman of the Indian National Space Promotion Authorization Center (IN-SPACe), said at a forum at the 74th International Astronautical Congress in Baku, Oct. 5.

The Indian government approved the Indian Space Policy 2023 in April this year, which follows a number of developments in recent years. “What the Indian Space Policy did was take everything to do with space — satellite communication, remote sensing, space operations, transportation, navigation, everything — and put it into one comprehensive document only 12 pages long,” Goenka said. [emphasis mine]

The highlighted words will sound very familiar to regular readers of this webpage. It describes what NASA has been doing for the past decade, and sums up precisely the recommendations put forth in my 2017 policy paper, Capitalism in Space.

IN-SPACe, the agency Goenka heads, has been tasked with fulfilling this task, and is thus in a direct turf war with ISRO, the space agency that has controlled all of India’s space effort for a half century. How that turf war will play out remains uncertain, though at present IN-SPACe and the Modi government appear to be winning.

It would likely help India’s private industry if the Modi government would make public that 12-page policy statement. So far it has either not released the text, or if it has it has made it impossible for me to find it.

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FAA issues new revised regulations for private commercial manned space

9:48 am

The FAA on September 28, 2023 issued new revised safety regulations for the emerging private commercial manned space industry, updating the regulations first put forth in 2014.

The recommendations, which are the first since 2014, cover the gamut across design, manufacturing, and operations, and are based on lessons learned during the NASA Commercial Crew program, as well as recent commercial space fights, the FAA said Friday. “AST [the FAA office that handles commercial space] is issuing Version 2 of this document because significant progress has been made in the commercial human space flight industry since 2014, the year Version 1 was issued.”

These new recommendations were worked out by a committee that included many of the private companies that now fly space passengers, such as SpaceX, Virgin Galactic, Blue Origin, and Boeing. Thus, the changes likely make some sense.

At the same time, it seems the effort to regulate has accelerated since Joe Biden became president. Under Trump there was a concerted effort to limit the impact of new regulations on this new space industry. Under Biden, it appears new regulations arrive almost weekly, and as a result there appears to be a significant slow down in development by new space companies.

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

9:39 am

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

9:00 am

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

10:08 am

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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More than a year after the New Shepard accident, the FAA finally closes its investigation

9:58 am

It appears that Elon Musk and SpaceX is not the only space company being stymied by the new heavy-handed regulation coming from the federal bureaucracy since Joe Biden took power. In a statement issued yesterday, the FAA announced that is had finally closed its own investigation into the New Shepard accident that occurred on September 12, 2022, more than a year after it occurred. More significantly, the FAA also said that despite completing its investigation, it is still denying Blue Origin a launch license to resume suborbital flights.

The FAA required Blue Origin implement 21 corrective actions to prevent mishap reoccurrence, including redesign of engine and nozzle components to improve structural performance during operation as well as organizational changes. … The closure of the mishap investigation does not signal an immediate resumption of New Shepard launches. Blue Origin must implement all corrective actions that impact public safety and receive a license modification from the FAA that addresses all safety and other applicable regulatory requirements prior to the next New Shepard launch.

It once again must be stated that there is no one at the FAA truly qualified to make such recommendations. These are paper-pushers, even if they have some engineering background. The FAA must rely on Blue Origin’s own engineers to determine these issues, as well figure out what must be done to fix them.

While Blue Origin’s own corporate culture — terribly slow at accomplishing anything — is certainly at major factor in these delays, it appears the FAA has not been helping. Blue Origin had announced the completion of its own investigation in March, six months ago, with the same conclusions as the FAA investigation completed now. Why did it take the FAA six more months to close its own investigation?

Moreover, the FAA’s statement makes it clear that Blue Origin has not yet satisfied the government’s demands, even though the investigation is closed. For Blue Origin to have still not implemented the corrections is to be expected, considering its slow methods of operation, but this statement — similar to the statement issued in connection with closing its investigation of the SpaceX’s Superheavy/Starship test flight — suggests a new and unprecedented policy at the FAA, treating all space-related incidents as if the rockets and spacecraft are no different than airplanes. First it will take its time issuing its own investigation, then it will take its time approving the corrections any company implements, just to make sure all the “i”s are dotted and the “t”‘s are crossed.

It is also possible that the FAA has been ordered to implement this new heavy-handed policy by higher ups in the White House on all companies, in order to hide the political motivations that have been targeting SpaceX and Elon Musk.

Regardless, this new strict regulation likely means we should expect a serious slowdown in the rebirth of commercial space. The renaissance of achievement by private enterprise in the past decade in space could be ending.

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

9:52 am

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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