SpaceX founder Elon Musk’s decision to deny Ukraine access to Starlink internet services for a potential attack on Russian forces in Crimea has raised concerns about the U.S. military’s need to clarify the terms of future contracts. Air Force Secretary Frank Kendall discussed this issue during a roundtable with reporters at the Air Force Association convention in National Harbor, Maryland.
In September 2022, the Ukrainians had requested Starlink support to launch an attack on Russian naval vessels in the Crimean port of Sevastopol. Musk declined the request out of concern that Russia might respond with a nuclear attack. It’s important to note that Musk was not under a military contract when he made this decision; he had been providing terminals to Ukraine in response to Russia’s invasion in February 2022. However, the U.S. military has since officially contracted with Starlink for continued support, with the terms and cost undisclosed due to operational security.
The Pentagon’s reliance on SpaceX extends beyond the Ukraine situation, and the uncertainty of commercial vendors potentially refusing services during future conflicts has prompted military planners to reconsider contract terms. Kendall emphasized the need for assurances that commercial systems will remain available during wartime, as they can’t solely serve as a convenience or cost-saving measure in peacetime.
SpaceX also holds a contract with the Air Force’s Air Mobility Command to develop a rocket ship designed to quickly transport military cargo to conflict or disaster zones, reducing reliance on slower transport methods. Gen. Mike Minihan, head of Air Mobility Command, highlighted the importance of understanding the full spectrum of a commercial vendor’s capabilities.
As U.S. military investment in space has grown, concerns have arisen about indemnifying commercial vendors in case of launch failures and whether the military has an obligation to protect their assets, including satellites and ground stations, when they provide military support in conflict zones. Musk’s refusal in the Ukraine situation has brought attention to the need for explicit language in contracts, ensuring that firms providing military support understand their support may be used in combat.
Andrew Hunter, assistant secretary of the Air Force for acquisition, technology, and logistics, stressed that when the military acquires technology and services, it expects them to serve its mission, including supporting combat operations when necessary.