Dish Also Appealing FCC's SpaceX Second-Gen Constellation Authorization

Dish Network has joined the International Dark-Sky Association in asking the U.S. Court of Appeals for the D.C. Circuit to reject the FCC's partial approval of SpaceX's second-generation constellation. The D.C. Circuit clerk on Thursday ordered Dish's appeal to be consolidated with IDSA's (docket 23-1001). Dish said in its notice of appeal, docketed late Thursday, that the FCC "arbitrarily and capriciously [ignored] unrebutted expert studies submitted by DISH showing that SpaceX’s Gen2 system would significantly exceed the applicable power limits adopted by the FCC for the 12 GHz band, and thus would risk causing unacceptable interference with DISH’s Direct Broadcast Satellite ... service." It also said the FCC deprived interested parties of an opportunity to obtain and comment on data that was the subject of a submission SpaceX made to the agency regarding whether the second-gen system complies with power limits. That violates the Administrative Procedures Act, Dish said.