Court Denies Bid to Challenge FCC Dropping Satellite Operator Complaint

The U.S. Court of Appeals for the D.C. Circuit has shot down financier BIU's challenge of the FCC allowing satellite operator Spectrum Five (S5) to withdraw a complaint against Inmarsat. In a four-page judgment Thursday (docket 24-1189), the three-judge panel said the FCC wasn't being arbitrary and capricious when it found that the reinstatement request was a private contractual dispute, and BIU has the ability to go back to the FCC if it prevails in that contract dispute. In oral argument Jan. 10, the judges seemed satisfied with the idea that BIU could bring its fraud-related claims back to the agency after a state court rules on its rights as a stakeholder in S5 (see 2501100010). Deciding were Judges Sri Srinivasan, Harry Edwards and Michelle Childs.