IDSA, Dish Bring FCC's SpaceX Approval Critiques to D.C. Circuit
The FCC's 2022 partial approval of SpaceX's second-generation constellation (see 2301030014) failed to sufficiently deal with arguments about the environmental threat it poses and to evaluate SpaceX's compliance with the power limits meant to protect direct broadcast satellite services, said…
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the International Dark-Sky Association (IDSA) and Dish Network Friday in appellant briefs challenging the agency's decision (see 2301060004). Despite being given ample evidence that SpaceX's second-generation constellation poses significant light pollution risks, the FCC in approving the constellation didn't give any reasoned analysis on those environmental arguments, the IDSA told the U.S. Court of Appeals for the D.C. Circuit (docket 22-1337). The agency misinterpreted its own rules and misapplied its "may" standard requiring that since the mega constellation may cause substantial light pollution, the agency is required to do an environmental assessment, it said. The astronomy and environmental conservation advocacy group said the agency leaned heavily on SpaceX's self-serving representations and didn't do a thorough analysis of them. "The FCC cannot continue to wash its hands of the interference avoidance duties entrusted to the agency by Congress," Dish told the D.C. Circuit (docket 23-1001). It said the FCC seemed to agree with the basis of Dish's studies showing the second-gen's interference threat in the 12 GHz band, but it ignored Dish's conclusion that the second-gen system would exceed power limits. More egregiously, Dish said, the agency let SpaceX keep outside the record a revised showing of compliance with the power limits. The FCC didn't comment Monday.