Dish Network Asks D.C. Circuit to Vacate SpaceX Second-Gen Authorization

The FCC's partial authorization of SpaceX's second-generation satellite constellation faces another challenge in federal court. In its notice of appeal posted Thursday in U.S. Court of Appeals for the D.C. Circuit (docket 23-1001), Dish Network said the order wrongly ignores "unrebutted expert studies ... 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 its DBS service. It said the FCC also violated the Administrative Procedure Act by not letting Dish access underlying data behind SpaceX claims its system would fall within ITU power limits. Dish asked the court to vacate the authorization order. The FCC didn't comment Friday. International Dark-Sky Association is also appealing the order (see 2301030014).