Kuiper Tries to Sidestep EPFD Rules: Viasat; Amazon Says That's Unfair

Amazon Kuiper's attempt to claim out-of-band emissions compliance based on aggregate equivalent power flux density limits across multiple ITU non-geostationary orbit system filings would possibly be a circumvention of ITU and FCC rules designed to limit NGSO emissions, Viasat told the FCC International Bureau Tuesday. It said it backed SES/O3b objections to Kuiper's request for removal of a condition to its 2020 authorization (see 2108090003), It said Kuiper arguments that SpaceX didn't face similar conditions about consideration of the joint effect of multiple ITU filings ignores that the SpaceX order earlier this year remains subject to petitions for reconsideration and appeals before the U.S. Court of Appeals for the D.C. Circuit. Maintaining that joint effect condition would violate the Administrative Procedure Act because the FCC never explained why it's being treated differently from other NGSO operators, Kuiper said, saying it also goes against commission precedent.