Viasat, SpaceX Duel Over DC Circuit Decision

Viasat and SpaceX disagree how the FCC should look at the U.S. Court of Appeals for the D.C. Circuit decision backing the agency's modifying SpaceX's first-generation constellation operating parameters (see 2208260035). That ruling doesn't resolve SpaceX not complying with the FCC's interference protection requirements, Viasat, which was a plaintiff in the litigation, told the International Bureau Monday. The decision also doesn't cancel "the need for a fulsome review of the adverse environmental impacts" of the proposed second-generation Starlink system, it said. The court dismissed Viasat's complaint on procedural grounds, but the satellite operator said it didn't address the merits of Viasat's claims or deny "the need for careful environmental review in this proceeding of the much larger and more environmentally problematic second-generation Starlink system." SpaceX urged the FCC last month to reject the arguments raised in the commission proceeding on its pending second-generation constellation that also was part of the litigation. Even with FCC equivalent power flux density rules being "overly protective" of geostationary orbit operators to the detriment of non-geostationary ones, "SpaceX has certified that the Gen2 system will comply," it said. SpaceX said the court made a point of rejecting critics' "bespoke EPFD analysis" and that Viasat's environmental arguments fail on their merits and should be rejected.