FCC policy goals in its 18 GHz spectrum relocation decision were ...
FCC policy goals in its 18 GHz spectrum relocation decision were “reasonable” and didn’t give incumbent fixed service (FS) operators windfall, U.S. Appeals Court, D.C., said in decision Fri. in Teledesic appeal. Teledesic said FCC should require satellite operators…
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to reimburse FS operators only for depreciated value of their equipment when FS is forced to relocate to new spectrum, instead of full cost of new facilities. Satellite company also said Commission decision was strictly economic and therefore not entitled to same deference as agency’s technical decisions. However, court said dispute was “fundamental disagreement over the policy goals” and FCC decision on how to balance benefit of making spectrum available to satellites with impact on FS was “entitled to the deference traditionally accorded decisions regarding spectrum management.” Court said, for example, that reimbursing FS operators only for depreciated value of equipment could mean some that couldn’t afford replacement equipment might be forced out of business when displaced.