DC Circuit Rejects Foreign Satellite Fees Challenge

The Communications Act explicitly excludes government entities, nonprofits, amateur operators and noncommercial broadcasters from FCC regulatory fees, and foreign-flagged satellites orbit outside those exceptions, the U.S. Court of Appeals for the D.C. Circuit said Friday. It rejected a petition by several satellite operators challenging regulatory fees approved in 2020. In a docket 20-1234 opinion, Judges David Tatel, Laurence Silberman and David Sentelle said the conference report on the act's 1993 update, which the petitioners relied heavily on in their argument, could also be read to support the FCC policy determination. They also rejected arguments by Telesat, Eutelsat, Kineis, Hiber and Inmarsat that Ray Baum's Act ratified previous FCC policy rejecting such regulatory fees. Silberman penned the decision. Outside counsel for the petitioners didn't comment. Oral argument was in April (see 2104160021).