C-Band Order Appellants Lay Out Arguments With DC Circuit
The FCC exceeded its Communications Act authority by changing small satellite operators' (SSO) licenses, arbitrarily not compensating them for giving up C-band spectrum and unlawfully incentivizing other C-band incumbents, said parties challenging the commission's C-band order in a joint opening…
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brief Tuesday (in Pacer, docket 20-1142) with the U.S. Court of Appeals for the D.C. Circuit. Appellants ABS, Empresa and Hispasat said the FCC created "a novel standard never before applied" when it said it permissibly modified the SSOs' licenses since they will have enough spectrum provide service to existing customers at their current level, even though the SSOs are new entrants. They said the commission didn't provide fair notice to the SSOs about its existing customers standard. Appellant PSSI Global said the Orbit Act prohibits the FCC from auctioning spectrum used for international or global satellite communications. Appellant SES didn't raise any arguments in the joint brief, which echoed PSSI arguments that SES' appeal should be dismissed (see 2007020017). The FCC emailed it "will continue to defend our order on the merits, and we look forward to the C-band auction beginning on December 8."