D.C. Circuit Hears FCC Complicit in Satellite License Violations

Spectrum Five (SF) dropped its petition before the FCC without legitimate explanation, and only reinstatement of it will vindicate BIU's interest as a secured lender to the satellite company, petitioner BIU told the U.S. Court of Appeals for the D.C. Circuit in an opening brief Monday (docket 24-1189). BIU is appealing the FCC's dismissal of the financier's petition seeking reinstatement of the SF complaint alleging that Intelsat is interfering with SF's spectrum license (see 2404110053). Alleging license violations by Intelsat and complicity by the FCC in allowing Intelsat to continue unlicensed operations, BIU in its opening brief said the fraudulent withdrawal of the SF petition "must not be allowed to stand or Intelsat’s egregious violations will be allowed to continue unabated." The unauthorized withdrawal of the petition "amounts to a fraud on the Commission itself," it said. The FCC didn't comment Tuesday.