Viasat, Balance Group, Dish Take SpaceX License Mod Challenges to DC Circuit

The FCC acknowledges the National Environmental Policy Act requires an environmental assessment of an authorization that could have significant environmental impact, but it inexplicably didn't require an EA for SpaceX's license modification plans despite the ozone damage, light pollution and orbital debris risks posed, Viasat and Balance Group told the U.S. Court of Appeals for the D.C. Circuit in a brief Friday. They and Dish Network are appealing the agency's April license modification OK (see 2104260077). The order shouldn't have relied on uncertainty to refuse further assessment and gave no adequate reasoning, the appellants said in a docket 21-1123 brief (in Pacer). Appellant Dish Network, in a separate brief (in Pacer), said the FCC "refused to consider" Dish's showing that SpaceX would exceed power limits and jam Dish's direct broadcast satellite service. "It appears that none of the Commission’s engineering expertise was marshaled to analyze the interference concerns raised," Dish said, urging the court to vacate the FCC order authorizing SpaceX use of the 12 GHz band. The FCC didn't comment. Many think the license mod appeal is unlikely to succeed (see 2106020036).