US Renews Argument for Dismissing Ligado Suit
The FCC's ongoing, contested L-band regulatory proceeding is the proper place for addressing Ligado's concerns regarding its use of the spectrum, especially as the FCC could provide Ligado with adequate relief, DOJ told the U.S. Court of Federal Claims…
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Monday. In a docket in support of the defendant U.S. government's motion to dismiss, Justice said FCC licenses aren't property for purposes of the takings clause, and Ligado hasn't pleaded an authorized taking of its license anyway. DOJ said Ligado's "grab-bag of takings theories" is rife with deficiencies. Ligado is alleging its L-band rights, worth tens of billions, were rendered valueless by U.S. taking of Ligado's property (see 2310130003). The U.S. is seeking dismissal (see 2401260003). DOJ on Monday said that Ligado is ignoring that the FCC's 2020 Ligado order faces eight reconsideration petitions that are pending. It said Ligado is asking the federal court to usurp FCC decision-making and the judicial review process "by depriving the FCC of the opportunity to adjudicate any takings claims and by awarding Ligado billions in compensation for the alleged taking of supposed property -- the modified license -- that the FCC or court of appeals may later abrogate."