Communications Litigation Today was a service of Warren Communications News.

SpaceX: Opposition to Our PCS G Block Waiver Is 'Fact-Free'

EchoStar's application for review of the out-of-band emissions (OOBE) limit waiver granted to SpaceX (see 2504080029) makes a "fact-free argument" and overlooks the FCC Space and Wireless bureaus' rationale, SpaceX said Wednesday (docket 23-135). SpaceX said the waiver, for its supplemental coverage from space operations in the PCS G block, was based on technical evidence in the record, but EchoStar never submitted any technical analysis of its own. EchoStar’s insistence that the FCC setting an OOBE limit precludes a waiver in appropriate circumstances would do away with the waiver rule itself, SpaceX said. The company also recapped conditions put on the waiver to protect adjacent-band terrestrial networks.