12 GHz Application Opponents Paint 'Fallacious Image': Kepler

Dish Network and RS Access objections to Kepler's request to operate earth stations in motion in the 12 GHz band (see 2201040058) are "fundamentally unsubstantiated, anticompetitive, and in several cases, simply false," Kepler told the FCC International Bureau Wednesday. It said Dish cites spectrum available to geostationary orbit operators, not non-geostationary ones, in claiming Kepler already has access to sufficient spectrum. It said Dish and RS "present a fallacious image" that letting Kepler operate in the 12 Ghz band would create encumbrances in the pending 12 GHz rulemaking proceeding. "The FCC has not authorized mass-market ESIMs in the 12 GHz band for good reason, and Kepler's request for a waiver of longstanding Commission rules is not warranted," RS emailed. "It is critical that Kepler's application is denied or deferred to ensure the FCC's decision making is not constrained in the open 12 GHz proceeding." Dish didn't comment