Judge Shoots Down ViaSat's Quest To Stall Starlink Launches

from the star-wars dept

For a few years, scientific researchers have warned that Elon Musk's Starlink low orbit satellite broadband constellations are harming scientific research. Simply, the light pollution Musk claimed would never happen in the first place is making it far more difficult to study the night sky, a problem researchers say can be mitigated somewhat but not eliminated. Another problem is there are simply so many low orbit satellites being launched, the resulting space junk is creating navigation hazards. US regulators, so far, have done little to nothing about either problem.

Enter ViaSat, which clearly isn't keen on having its captive business market disrupted by new competition. Back in January, the company urged the FCC to conduct an environmental review of SpaceX’s low-orbit Starlink constellation, arguing that the fledgling system poses environmental hazards in space and on Earth. Since the 80s, satellite systems have had a baked in exemption from the National Environmental Policy Act (NEPA), excluding their businesses from environmental review. But the sheer scale of what Starlink and Amazon are doing (more than 50,000 low orbit satellites in orbit) should change that equation, ViaSat argues:

"...given the sheer quantity of satellites at issue here, as well as the unprecedented nature of SpaceX’s treatment of them as effectively expendable, the potential environmental harms associated with SpaceX’s proposed modification are significant,” the company stated.

“Relying on the Commission’s decades-old categorical exemption to avoid even inquiring into the environmental consequences of SpaceX’s modification proposal would not only violate NEPA, but also would needlessly jeopardize the environmental, aesthetic, health, safety, and economic interests that it seeks to protect, and harm the public interest,” Viasat continued."

The thing is, ViaSat is most certainly only really interested in its own revenues here, even if the concerns it's pushing are legitimate ones. But after petitioning for change saw no reaction at the FCC, ViaSat sued the agency last May, demanding a pause of Starlink satellite broadband deployments. This week, judges made it clear that wasn't going to happen. Though the court's order (pdf) did grant a motion to expedite the appeal, which should speed up the legal feud somewhat.

The FCC and Space X have largely been aligned on this issue, insistent that any environmental harms can be mitigated. Space X, meanwhile, quite correctly notes that ViaSat's environmental concerns are likely performative and its arguments not entirely consistent:

"Viasat's newfound environmentalism is belied by its actions at every turn. Viasat failed to raise any environmental concerns in connection with any other satellite authorization, including SpaceX's authorization to operate Starlink satellites at a different altitude and its prior request (nearly identical to the one at issue here) to lower many of those satellites. To the contrary, Viasat—a non-US licensee that has previously sought to escape Commission regulation altogether—ultimately relies on "competitive harm" to support its stay request. But stifling competition and protecting profits is not what NEPA is about."

But again, ViaSat is correct that the concerns about space junk and light pollution are legitimate ones that aren't being taken particularly seriously at the FCC. But the solution to that problem likely isn't going to come at the hands of a company predominately and transparently only looking out for its own best interests.

The FCC under both Trump and Biden has been very eager to give Musk's Starlink pretty much anything it wants, including some extremely dubious subsidies. All of this favorable treatment and subsidization comes despite the fact Starlink isn't going to have quite the innovative impact many assume. As noted previously, the service will only have the capacity to reach 400 to 800,000 subscribers in its first few years (a max of 6 million several years from now), a small drop in the bucket when you consider upwards of 42 million Americans lack broadband access, and another 83 million live under a broadband monopoly.

So there are still legitimate questions here about whether Starlink will really be worth the cost(s), and whether Starlink will be able to remain financially viable (the majority of past efforts on this front have not). And while a self-interested competitor like ViaSat may have been the wrong messenger for worries about space junk and light pollution, the concerns themselves likely aren't going anywhere.

Filed Under: broadband, competition, fcc, light pollution, satellite broadband, space pollution, starlink
Companies: spacex, starlink, viasat

ViaSat Asks FCC To Investigate Space X For Space Pollution

from the competitive-elbowing dept

So we've already noted how Space X's Starlink low-orbit satellite broadband service isn't going to revolutionize the broadband industry. The service lacks the capacity to service dense urban or suburban areas, meaning it won't pose much of a threat to traditional cable and fiber providers. With a $100 monthly price tag and $500 hardware fee, it's not exactly a miracle cure for the millions of low-income Americans struggling to afford a broadband connection, either.

That said: if you're currently one of the 42 million Americans who lacks access to any broadband at all, the service, capping out at 100 Mbps, is going to be damn-near miraculous. It's also going to be a significant upgrade for those currently stuck on last-generation expensive, capped, and sluggish traditional satellite lines.

Enter ViaSat, which clearly isn't keen on having its captive business market disrupted. The company this week urged the FCC to conduct an environmental review of SpaceX’s low-orbit Starlink constellation, arguing that the fledgling system poses environmental hazards in space and on Earth. Since the 80s, satellite systems have had a baked in exemption from the National Environmental Policy Act (NEPA), excluding their businesses from environmental review. But the 12,000 lower orbit satellites Space X intends to launch should change that equation, ViaSat argues:

"given the sheer quantity of satellites at issue here, as well as the unprecedented nature of SpaceX’s treatment of them as effectively expendable, the potential environmental harms associated with SpaceX’s proposed modification are significant,” the company stated.

“Relying on the Commission’s decades-old categorical exemption to avoid even inquiring into the environmental consequences of SpaceX’s modification proposal would not only violate NEPA, but also would needlessly jeopardize the environmental, aesthetic, health, safety, and economic interests that it seeks to protect, and harm the public interest,” Viasat continued.

ViaSat's motivations here are in part anti-competitive to be sure, but that doesn't mean there's not a problem. A massive rise in lower orbit, cheaper satellites means a lot more junk and orbital debris floating around, putting other space craft at risk. ViaSat also argues this unprecedented rise in spacecraft also means more satellites burning up in orbit, which in turn can create environmental hazards like the production of ozone-destroying chemicals from launch vehicles to chemicals released when satellites burn up in re-entry:

"The petition cites research by The Aerospace Corporation on atmospheric impacts of launches and reentries. At the Fall Meeting of the American Geophysical Union earlier this month, the organization presented research that concluded that the rise of satellite megaconstellations could increase the mass of satellites reentering the atmosphere from about 100 metric tons a year to as much as 3,200 metric tons."

Again, ViaSat's likely playing some competitive games here while also citing serious issues. Issues the FCC hasn't really paid much attention to as it greenlights not only the launch of Starlink, but Amazon's massive low-orbit satellite ambitions. This is all before you get to issues of massive light pollution caused by these systems, a problem Musk claimed wouldn't happen (right before it did), and something scientists recently argued can't be easily fixed, if it can be fixed at all.

The inquiry was enough to get Elon Musk to comment on Twitter, calling ViaSat's inquiry "sneaky":

It should be noted that Charlie Ergen is CEO of Dish Network, not ViaSat. And while Musk is probably right that ViaSat is largely interested in preventing disruption of its largely-captive market, at the same time we've noted how regulators aren't really taking many of these problems particularly seriously as they stand around in slack-jawed awe at the somewhat innovative potential of emerging low-orbit satellite tech.

Filed Under: competition, elon musk, fcc, low earth orbit, satellite broadband, space pollution, starlink
Companies: space x, viasat

Astronomers Say Space X Astronomy Pollution Can't Be Fixed

from the blinded-by-the-light dept

We recently noted how the Space X launch of low orbit broadband satellites is not only creating light pollution for astronomers and scientists, but captured U.S. regulators, eager to try and justify rampant deregulation, haven't been willing to do anything about it. While Space X's Starlink platform will create some much needed broadband competition for rural users, the usual capacity constraints of satellite broadband mean it won't be a major disruption to incumbent broadband providers. Experts say it will be painfully disruptive to scientific study and research, however:

While Space X says it's taking steps to minimize the glare and "photo bombing" capabilities of these satellites (such as anti-reflective coating on the most problematic parts of the satellites), a new study suggests that won't be so easy. The joint study from both the National Science Foundation's NOIRLab and the American Astronomical Society (AAS) found that while Space X light pollution can be minimized somewhat, it won't be possible to eliminate:

"Changes are required at both ends: constellation operators and observatories. SpaceX has shown that operators can reduce reflected sunlight through satellite body orientation, Sun shielding, and surface darkening. A joint effort to obtain higher-accuracy public data on predicted locations of individual satellites (or ephemerides) could enable some pointing avoidance and mid-exposure shuttering during satellite passage. Observatories will need to adopt more dynamic scheduling and observation management as the number of constellation satellites increases, though even these measures will be ineffective for many science programs."

Granted, in March, Space X boss Elon Musk predicted there would be no impact whatsoever from his Starlink project:

"I am confident that we will not cause any impact whatsoever in astronomical discoveries. Zero. That's my prediction. We'll take corrective action if it's above zero."

The report, which was first spotted by Ars Technica, notes that enough data has been collected to clearly indicate the impact is well above zero. Worse, they note that companies have only just started launching low-orbit satellite constellations. OneWeb and Space X have only just begun their efforts, and Amazon is expected to join the fray in a major way. Collectively, these launches will create some significant problems for scientists around the planet, the report concludes:

"If the 100,000 or more LEOsats proposed by many companies and many governments are deployed, no combination of mitigations can fully avoid the impacts of the satellite trails on the science programs of current and planned ground-based optical-NIR [near-infrared] astronomy facilities. Astronomers are just beginning to understand the full range of impacts on the discipline. Astrophotography, amateur astronomy, and the human experience of the stars and the Milky Way are already affected."

While Space X's lower altitude satellite are problematic, higher altitude satellites being eyed by the likes of Amazon are notably worse, the experts found. In a press release the groups detailed several ways of minimizing the impact of low-orbit satellite constellations (including launching less of them). But that's going to require a lot of collaboration between researchers and industry. Collaboration that would be easier if we had U.S. regulators actually interested in helping coordinate that collaboration.

Filed Under: astronomy, fcc, leo satellites, satellite broadband, space pollution
Companies: amazon, oneweb, spacex