Starlink Overcomes Lawfare By Dish In Attempt To Stall Next-Gen Satellite Deployment  

The US Court of Appeals for the District of Columbia rejected a challenge last Friday from DISH Network and the nonprofit DarkSky, which sought to halt the deployment of SpaceX’s second-generation Starlink network in low Earth orbit.

The crux of the issue was a December 2022 Federal Communications Commission approval of SpaceX’s 7,500 next-gen Starlink satellites. Dish and DarkSky have opposed SpaceX’s expanding satellite constellation in LEO, arguing these new satellites would produce too much light and potentially disrupt astronomy and wildlife. 

Here’s more from PCMag:

Both parties joined forces to file a lawsuit in January 2023 to try and invalidate the FCC’s order. Dish told the appeals court that the FCC essentially ignored evidence showing the second-generation Starlink satellites “will exceed the power flux-density limits” and potentially create radio interference. 

But in Friday’s ruling, the court said the FCC didn’t need to consider Dish’s evidence, which the court categorized as company-sponsored analysis rather than “smoking gun” evidence proving the interference risks. It also rejected Dish’s assertion that the FCC had acted improperly.

“The commission’s decision to license SpaceX’s Gen2 Starlink satellites was lawful and reasonable. We therefore reject Dish’s appeal,” the decision says.

“Affirming an FCC decision to approve a SpaceX satellite constellation, the DC Circuit has rejected claims by the International Dark-Sky Association that sought to overturn the FCC decision on light pollution grounds,” FCC Commissioner Brendan Carr wrote on X, adding, “Good news for satellite services.” 

Affirming an FCC decision to approve a SpaceX satellite constellation, the D.C. Circuit has rejected claims by the International Dark-Sky Association that sought to overturn the FCC decision on light pollution grounds.

Good news for satellite services. 💪 pic.twitter.com/ocENLv82KE

— Brendan Carr (@BrendanCarrFCC) July 12, 2024

Yet another classic lawfare tactic by Musk’s opponents, similar to when Jeff Bezos’ Blue Origin filed a comment to the Federal Aviation Administration last month, indicating that SpaceX’s Starship-Super Heavy launches from Cape Canaveral, Florida, should be limited for “environmental scrutiny due to their impact on the local environment and community.”