Viasat Takes FCC to Court Over SpaceX License Mods

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UPDATE Viasat has gone to court to try to stop the FCC from allowing more SpaceX Starlink satellites to launch. Viasat asked a federal appeals court to review the Commission’s decision to modify SpaceX’s license on environmental grounds.

The FCC originally approved a 4,409-satellite constellation, which included 2,825 satellites in orbits of 1,100 to 1,300 kilometers and 1,584 satellites at 550 kilometers. In April, the agency okayed a SpaceX application to modify that license, moving the satellites in the higher orbits to 550 kilometers and adjusting the size of the overall constellation to 4,408 satellites, Inside Towers reported. At the time, SpaceX said it sought the modifications to reduce latency, or signal lag, between space and the ground and enhance the customer experience.  

Viasat gave the FCC until close of business on June 1 to stay the April license modification for SpaceX. It said if that didn’t happen, it would take the agency to court.

In its Notice of Appeal, Viasat told the court it‘s “a person who is aggrieved or whose interests are adversely affected” by the granting of SpaceX’s license modifications. Viasat said it faces a series of harms from the changes, “including a risk of collisions with debris attributable to SpaceX’s satellite constellation constellation; the expenditure of time and resources to avoid collisions with or interference from SpaceX’s satellites or associated debris; and competitive injury from SpaceX’s use of its environmentally irresponsible constellation to compete directly with Viasat in the market for satellite broadband services.”

The satellite operator called the FCC’s changes “arbitrary, capricious, and an abuse of discretion.” The order also violates the National Environmental Policy Act, claims the satellite firm. It asked the Court of Appeals for the D.C. Circuit to vacate and set aside the agency’s order.

Viasat previously asked the FCC to stop further Spacelink launches until federal courts can review the legality of the license modification. Viasat is developing a three-satellite broadband constellation in geostationary orbit that will expand its operations globally. The first satellite is targeting an early 2022 launch.

The case is Viasat v FCC, Case # 21-1125.

By Leslie Stimson, Inside Towers Washington Bureau Chief

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