Stay of SpaceX License Mod Grant Gets Backing, Criticisms

Viasat's request that the U.S. Court of Appeals for the D.C. Circuit stay the FCC's OK of SpaceX's license modification pending judicial review (see 2105240005) saw both an ally and opposition in docket 21-1123 (in Pacer) responses Monday. The FCC put too high an evidentiary burden on the Balance Group and Viasat in their written objections to the proposed license modification, and the appellate court is likely to reverse the agency not finding that SpaceX's application may have a big environmental impact, Balance said in support of the Viasat stay. The FCC said it "closely examined and reasonably rejected Viasat’s claims," and Viasat hasn't made a case for "the extraordinary remedy of a stay pending appeal." The agency said it considered the allegations of environmental impact and didn't find sufficient evidence that the license mod needs further environmental review. The license mod fell into a categorical exclusion under FCC National Environmental Policy Act (NEPA) rules, it said. SpaceX, also opposing the stay, said the stay motion is a "transparent bid to co-opt [NEPA] and the procedure for extraordinary stay relief as weapons of commercial warfare." It said the D.C. Circuit isn't likely to overturn FCC "methodical, issue-by-issue treatment of Viasat’s unprecedented and thinly-supported NEPA arguments" while Viasat hasn't shown "anything approaching irreparable harm" if not granted a stay.