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Litigation Possible

SpaceX License Mod OK'd -- With FCC Conditions

Approval on circulation Monday of SpaceX's pending license modification for relocating more than 2,800 planned satellites to a lower orbit (see 2007140001) has conditions limiting its use of the 12 GHz band and on spectrum sharing, parties involved in the proceeding told us. The license mod got heavy opposition (see 2102120033). Parties told us litigation challenging the approval is a strong possibility.

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The order limits SpaceX to operating in the 12 GHz band without using more than one satellite beam in the same frequency in the same area at a time, we were told. The company voluntarily conceded earlier this month it would do so for the 19.7-20.2 GHz band downlinks (see 2104160002). The order said approval is contingent on the outcome of the pending 12 GHz proceeding, we were told. Such language would point to the FCC taking seriously the pending MVDDS 5G Coalition petition to open the 12.2-12.7 GHz band to two-way mobile broadband (see 1604260068), a party said.

Asked about the details, the FCC said the adopted order "would grant SpaceX’s modification request subject to conditions on how SpaceX will operate the modified system and to ensure SpaceX’s implementation of space safety measures, among others." The company didn't comment.

We were told the SpaceX approval includes language indicating it's subject to terms of the pending orbital debris rulemaking and has language on spectrum sharing. The adopted item wasn't released Monday. An item was circulated on April 16, per the commission's circulates list. Our news bulletin with details on the as-approved order is available here.

Even if SpaceX focuses only one co-frequency beam on an area at a time, its pending license modification will violate the equivalent power flux density limits due to the contributions of that one satellite, and the violation will be exacerbated because of the contributions from all the satellites in the constellation, Dish Network said in an International Bureau filing Friday. Dish filed another study by Marc Dupuis of Telecomm Strategies that it commissioned (see 2103250042), showing SpaceX's Starlink system will generate excess power into commonly used direct broadcast satellite antenna sizes between 10% and 100% of the time at the five locations the study considered.

Commissioner Geoffrey Starks, in speaking with Viasat CEO Mark Dankberg, apparently said the FCC must take into account SpaceX's obligations as a provisional Rural Digital Opportunity Fund auction support recipient when considering the pending mod. That's said to be because without its approval, SpaceX might not be able to satisfy RDOF obligations. Viasat disagreed with that, per an ex parte filing Monday. Viasat argued it wouldn't be proper to use SpaceX's RDOF status to justify approval.