EchoStar: FCC Shouldn't Hold Proceeding on SpaceX 2 GHz Petition

The FCC should dismiss SpaceX’s “procedurally deficient” petition seeking greater access to the 2 GHz spectrum band (see 2402230027), EchoStar said in an opposition filing posted Wednesday. SpaceX’s petition calls for a rulemaking proceeding on whether sharing the 2 Ghz band is possible while going from the premise that it can’t share the band with EchoStar’s existing mobile satellite service and 5G mobile advanced wireless service, EchoStar said. The FCC “should not begin such a futile and self-defeating rulemaking proceeding and should dismiss immediately the petition without placing it out for public comment,” it said. Entities that seek to operate in a portion of the spectrum others use for existing services must show they can share the band without harmful interference into the existing service, the filing said. SpaceX “fails to even try to make such a showing, and “effectively admits the only way to deal with harmful interference from its 2 GHz entry would be for EchoStar to accept that interference,” EchoStar said. Even starting a rulemaking on the SpaceX petition would “imperil” innovation in the 2Ghz band, the filing said. The FCC “should consider the chilling message that commencing such a proceeding would send to licensees: the signal that such consequences are thinkable.” SpaceX didn't comment.