SpaceX Denied? China ready to change the game? And what are "space norms" anyway? - 7 April 2022 - Space Brief
In today’s space brief, (1) everyone keeps saying “no” to SpaceX, how are they going to get around it? (2) China gets a huge boost to satellite outputs, and (3) the military community unites around the idea of “space norms.” This much and more, stick around.
1. Today, Chairwoman Eddie Bernice Johnson (D-TX) and Ranking Member Frank Lucas (R-OK) sent a letter to President Biden expressing their concerns regarding the Administration’s Notice of Proposed Rulemaking (NPRM) for commercial space accident investigation that was issued by the National Transportation Safety Board (NTSB).
The letter stated in part that the “Responsibilities and authorities for space accident investigation are to be determined by congressional action, as reflected in Title 51 of the United States Code, not through proposed regulations that are outside of established authorities. The NTSB’s proposed rulemaking is inconsistent with statutory authorities, existing interagency agreements and regulations, and it is plainly unlawful.”
The Committee leaders continued, “While we share the NTSB’s desire to promote safety, we are concerned that the NTSB’s proposed rulemaking on commercial space accident investigation contravenes existing agreements and statutory authorities including those related to commercial space launch and reentry activities represented in Title 51 United States Code Chapter 509 on Commercial Space Launch Activities and on human spaceflight accident investigation under Title 51 United States Code Chapter 707, Human Space Flight Independent Investigation Commission.”
What remains unclear here, is the motivations and reasoning behind this letter. It is conceivable that these congresspeople are simply preventing overreach by the Executive into what remains under legislative control. Or possibly, this could be a sign of disagreement about the principles of safety for space actors. However, given the lack of control and confusion that seems to spring up with in the launch industry, especially when something goes wrong, it seems to me that eventually congress will have to give up some control. But whether now is that right time is very much up for debate.
2. The US Army Corps of Engineers has closed a permit application for a proposed expansion of SpaceX’s Starbase facility in Boca Chica, Texas — a potential snag in the company’s plans to add new launch and landing pads to the area, as well as substantially grow the site. In a letter, the Corps cited SpaceX’s failure to provide requested follow-up information about the proposed changes as a reason for closing the permit. Among other things, the Corps wanted more details about what mitigation measures the company would take to limit the loss of water and wetlands surrounding the site.
SpaceX has substantially expanded its plans in recent years, creating a massive new site called Starbase to build and test launch prototypes of its next-generation rocket called Starship — designed to eventually take people and cargo to deep space.
In December 2020, SpaceX proposed to modify its existing permit for an expansion that would include “the addition of test, orbital, and landing pads, integration towers, associated infrastructure, stormwater management features and vehicle parking,” according to a public notice about the changes posted by the Corps in March.
The public notice claimed that SpaceX’s proposed changes would affect “10.94 acres of mud flats, 5.94 acres of estuarine wetlands, and 0.28 acres of nontidal wetlands.” The Corps also said that SpaceX was working on “a comprehensive, multifaceted mitigation strategy” for the launch site, as well as taking certain avoidance measures to minimize impacts to water areas, such as putting its proposed parking lot in an “upland area to avoid wetland impacts.”
SpaceX was asked to address the comments, as well as submit various documents such as a mitigation plan for avoiding impacts to wetlands and offsetting the loss of aquatic resources, a plan for alternative construction that would provide the same purpose but provide lesser impacts to the area, and more.
While SpaceX did provide its response to comments and an analysis about alternative infrastructure in October, the company did not provide its mitigation plan and other required responses, according to a letter sent by the Corps to SpaceX on March 7th. The Corps determined that SpaceX’s plan for alternatives “lacked sufficient detail.”
It’s unclear exactly why SpaceX failed to provide the necessary information or if the company is planning on sending what the Corps requested.
While SpaceX must undergo a federal review with the Corps, it’s also in the midst of a lengthy environmental review with the Federal Aviation Administration, which is determining whether to provide the company with a license to launch Starship to orbit from Boca Chica. The FAA has consistently delayed its decision on how to proceed with Starbase as the agency consults with various other government entities about the project. The latest deadline for a decision is now at the end of April.
In the meantime, SpaceX has begun ramping up construction of Starship launch infrastructure in Cape Canaveral. The movement is seen as a possible sign that SpaceX will eventually move operations of the vehicle to Florida if the FAA decision does not go SpaceX’s way.
3. France's Conseil d'Etat court is revoking the license authorizing Elon Musk's Starlink outfit to use two frequency bands to provide satellite internet in France.
SpaceX reportedly has only one ground station left in France, in Villenave-d'Ornon, Girond. The other two Gateways – which were authorized between July and December 2020 – came up against local opposition. Villagers voiced concerns that the ground network gateways would affect cattle, despite assurances from the country's own ANFR (National Frequency Agency) that it is perfectly safe and far below the regulatory limit value.
According to the decision (handed down yesterday, and translated from French), the associations PRIARTEM and Agir pour l'environnement had requested an annulment of the spectrum use. The rights groups were granted this, the ruling said, because of a lack of public consultation.
Over in France, Starlink faces a local rival in the form of Paris-based Eutelsat. France's biggest telecoms operator, Orange, inked a deal with Eutelsat in 2020 under which it bought out all available capacity on Eutelsat's Konnect satellite to cover the entire French territory, saying it would enable even those living in the most isolated areas to benefit from very high-speed fixed broadband via satellite from January 2021.
4. Two new Chinese factories capable of producing hundreds of small satellites per year could help China achieve space objectives and impact the international market.
Production trials are now underway at a new facility belonging to the China Academy of Space Technology (CAST). The plant will be capable of producing more than 200 satellites per year according to the company.
This adds to capacity developed by the China Aerospace Science and Industry Corporation (CASIC), a giant missile maker and defense contractor, which last year completed its own factory in Wuhan and will eventually be capable of manufacturing 240 small satellites each year.
Notably the new capacity could be relevant for national plans to establish a low Earth orbit communications megaconstellation named Guowang. Initial plans suggest China wants to build a 13,000-satellite constellation to rival Western projects including SpaceX’s Starlink.
The Chinese Academy of Sciences and a number of private satellite manufacturers are also active in China, adding to overall capacity.
China has long offered integrated packages of communications and Earth observation satellites, covering manufacture, launch, ground support, training and insurance in its foreign policy, both through international satellite sales and as a part of broader diplomatic engagement, notably in Africa and Latin America.
As China is one of the major competitors of the US for space dominance, this increase in capacity is a major sign to the US that China is taking this seriously. What will be interesting to see is the interplay between the Chinese state-led approach to megaconstellation construction and use, and the US private space-actor approach. I certainly have my biased opinion as to which method will inevitably end up ruling the day, however regardless of your view, what seems inarguably clear is that what we will be seeing will be a case study for the future of space development.
5. The U.S. Space Force is working with allies to establish international norms of behavior for space activity and to share a common operating picture of activity occurring in space.
Air Marshal Mel Hupfeld, the Royal Australian Air Force chief, recently stated that “What’s lacking at the moment is the ability to then apply consequences. Once we can get an agreed position on behaviors and norms in space, then how do we define consequences for those that may not follow it?”
He went on to ask, “How do we apply those lessons to the space domain? How do we apply consequences of not following the norms and behaviors that we all agree on in a way that applies counterspace capabilities that don’t create debris? These are things that I’m not so sure of yet, but they are things that we’re working towards.”
While those questions are being addressed, Gen. John “Jay” Raymond, U.S. Space Force chief of space operations stated at the same conference that it’s important for countries to demonstrate responsible behavior in space through their own actions. “We have to set the example,” he added.
Another imperative is “to call out those that aren’t playing by the rules. Over the course of the last couple years, partners have gotten together and have messaged inappropriate or unprofessional behavior in space. I think the collective voices add a lot of power to that.”
Air Vice-Marshal Paul Godfrey, who leads the U.K. Space Command, added “When we’re all seeing the same thing and we’re seeing nefarious activity, then we can all call it nefarious activity.”
If the world is going to avoid the same sort of confusion and tragedy that we are currently seeing in Ukraine, understanding and having the ability to call out these types of bad acts in space are going to be absolutely vital.
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