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TAMPA, Fla .– A federal appeals court has dismissed a petition by satellite operator Viasat to prevent SpaceX from expanding its Starlink mega-constellation.
Viasat had requested a stay of a SpaceX license amendment that allows it to continue developing the constellation in low Earth orbit, while a lawsuit to force a thorough environmental review of the broadband network is unfolding in court.
The United States Court of Appeals for the District of Columbia Circuit ruled on July 20 that Viasat, which operates broadband satellites in geostationary orbit, “has failed to meet strict requirements for a pending suspension. review by the court “.
The court also granted a motion to expedite the appeal, setting dates ending October 26 for final briefs to clear the way for oral argument.
“We believe the ruling will not impact the court’s final decision, and we remain optimistic the court will conclude that the FCC violated federal law by failing to analyze the environmental impacts of this historically unprecedented deployment. satellites in already congested parts of space“ a spokesperson for Viasat said in an emailed statement.
“Viasat will continue to advocate for the future of a secure space environment. We believe it is important to strengthen our engagements with industry, scientists, academics, as well as with US and international governments and regulators to develop the tools and frameworks necessary to ensure safe and equitable access to space for all.“
SpaceX did not respond to a request for comment.
Satellite broadcaster Dish Network also opposed SpaceX’s license amendment and its case is part of Viasat’s appeal.
Viasat first requested a stay of the Federal Communications Commission on SpaceX April 27 license amendment, allowing it to continue the expansion of a constellation estimated at more than 1,600 satellites at an altitude of approximately 550 kilometers.
The company gave the FCC until the end of June 1 to grant the order, before submit the request to the same court who will decide whether the regulator was legally obliged to assess Starlink’s environmental impact before modifying its license.
The amendment gives SpaceX permission to operate 4,408 satellites at 550 kilometers, instead of just 1,584 in that orbit and 2,825 at altitudes of 1,100 to 1,300 kilometers.
Decreasing the distance between a satellite and Earth reduces signal delay for latency critical applications, including video calls and games.
However, Viasat said the rapidly expanding mega-constellation poses orbital debris, light pollution and other environmental risks.
SpaceX has continued to deploy Starlink satellites in the midst of the lawsuit, although the pace has slowed down as it operates through launch missions for other clients.
Viasat is also calling on the FCC to review nearly $ 900 million in rural broadband grants that SpaceX won in December for Starlink.
In an application filed on June 1, Viasat asked the FCC to review why it was not allowed to bid for the Rural Digital Opportunity Fund.
This article was updated on July 23 with a comment from Viasat.
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