DC Circuit Rejects Viasat, Dish Suit Against SpaceX License Mod

The FCC's approval of some SpaceX satellites operating at lower altitudes didn't violate the National Environmental Policy Act (NEPA), the U.S. Court of Appeals for the D.C. Circuit ruled Friday in a docket 21-1123 opinion. The court also rejected Dish Network claims the FCC ignored harmful interference the SpaceX license modification would cause. The red flags Viasat raised about orbit congestion are "much too speculative," said the opinion by Judges Gregory Katsas, Robert Wilkins and Justin Walker. The opinion, penned by Katsas, said SpaceX might create additional expenses for Viasat for having to move its own satellites more frequently to avoid SpaceX satellites, but Viasat can't "fairly be described as having personally suffered a nuisance, aesthetic, or other environmental injury from congestion in outer space," as NEPA requires. The opinion said Balance Group, which joined Viasat in the NEPA arguments, lacked standing. The court said Dish's interference claims were based on different methods for assessing interference than FCC rules require. It said it lacks jurisdictional standing to address Dish criticisms of the requirement licensees get a favorable ITU finding, and Dish didn't press those issues before the commission. Viasat, in a statement, called the decision "a setback for both space safety and environmental protection. ... Had the Court forced the FCC to properly grapple with the complicated issues surrounding deployment of mega-constellations (in low earth orbit), we believe harmful impacts that otherwise may persist for decades or even centuries to come could have been avoided." It said it "will continue to strongly advocate for space safety and further encourage all industry participants to be responsible stewards of our shared orbital environment." Dish didn't comment. Oral argument was in December (see 2112030034).