FCC Defends Its Record in SpaceX Gen2 Service Authorization Order
Dish Network challenged the FCC’s determination in its Dec. 1 order that SpaceX’s Gen2 service won’t cause harmful interference to other satellite systems, but the FCC “properly adhered to its rules when it accepted SpaceX’s certification of compliance with applicable…
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power limits,” said the commission’s final brief in the challenge Wednesday (docket 23-1001) at the U.S. Court of Appeals for the D.C. Circuit. The FCC “reasonably concluded” that SpaceX’s certification, combined with other conditions adopted in the order, “provided adequate safeguards against harmful interference,” it said. On the International Dark-Sky Association challenge to the order on grounds that the National Environmental Policy Act required the FCC to do additional environmental review of the satellites covered, the commission “reasonably concluded that the record did not show potentially significant effects requiring review in an environmental assessment,” it said. The association contends this determination was in error, but its disagreement with the FCC’s determination doesn’t “undermine the reasonableness” of the order, which should be affirmed, it said. Though the commission argues no environmental assessment was required, its reliance on mitigating factors confirms that significant environmental impact may result, said the association’s reply brief Wednesday. The FCC can’t “retroactively define” where the line of significance is “and instead is tied to its own ‘may’ standard.” it said.