Defense of FCC's SpaceX Authorization Raises New Justifications: Dish
The FCC and SpaceX, in defending the agency's order approving SpaceX's second-generation satellite constellation, make explanations that were unmentioned in the FTC authorization, Dish Network told the U.S. Court of Appeals for the D.C. Circuit in docket 12-1337 reply…
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brief Wednesday. Dish and the International Dark-Sky Association are challenging the second-gen authorization (see 2301060004). Dish said those unmentioned explanations include citing doubt about the findings of a study performed by a Dish-hired expert. "The doubt invented by the FCC would be sophistry pure and simple even if it were not a post hoc invention of counsel," Dish said. Dish said the FCC also elevates SpaceX's certification that its system complies with power limits to the status of evidence. Dish said the two rely on alleged ITU findings of compliance that don't cover the “joint effect” of the system, as required by the FCC's authorization. It said findings eventually made by the ITU about second-gen compliance with power limits, rather than mooting the challenge to waivers SpaceX received, "illustrate the vast unregulated no-man’s land that the Order has created" because the ITU findings differ from the joint effect finding the FCC had sought.