SpaceX calls Amazon protest over Starlink plan irrelevant “rant”



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Exterior view of a warehouse with a large Amazon logo on the side of the building.
Enlarge / Amazon UK warehouse at Leeds Distribution Park on May 27, 2021, in Leeds, England.

Getty Images | Nathan Stirk

SpaceX on Thursday called Amazon’s latest protest against Starlink’s plans an irrelevant “rant” that should be ignored by the Federal Communications Commission.

“Another week, another Amazon objection against a competitor, but still no sign of progress on Amazon’s own satellite system,” SpaceX told the FCC in a filing. “In its latest rant, Amazon devotes more than six of the eight pages to matters totally unrelated to the current proceedings or even matters currently before the committee.”

As we reported, Amazon last month urged the FCC to reject SpaceX’s proposal for a next-generation version of Starlink that could include up to 30,000 broadband satellites. Amazon claims SpaceX broke a rule prohibiting incomplete and inconsistent applications by submitting plans for “two mutually exclusive configurations” with “very different orbital parameters.”

The FCC rule cited by Amazon doesn’t specifically prohibit SpaceX’s approach of offering two satellite configurations in case its favorite doesn’t work. SpaceX argues that Amazon simply wants to delay Starlink’s plans because its own satellite division is far from ready to offer service.

SpaceX denounces Amazon’s “theatricality” and “handling of the game”

Amazon continued to champion its cause on Wednesday, telling the FCC that companies run by SpaceX and Elon Musk generally act as if “the rules are for others.” Amazon also said that if SpaceX’s multi-configuration approach was accepted, it would create an “administrative cricket” and “open the floodgates for applicants to apply for two, three, four or more – separate and mutually exclusive configurations.”

SpaceX’s response was the shortest filing to date in this back-and-forth, consisting of just three paragraphs. “As usual, Amazon is trying to prevent a fair substantive review by using procedural gameplay,” SpaceX told the FCC. “Despite its theatricality, Amazon does not identify a single fact, cipher, or flicker of data that SpaceX omitted from its application. Amazon also cannot point to a single rule that prohibits SpaceX from providing the commission with additional information about an issue. alternative configuration for sound This is because SpaceX has provided all the information required by the commission rules and more information than necessary for the public and the commission to assess all aspects of its application.

SpaceX maintains that the FCC’s decision is straightforward because it does not yet need to approve or deny the request. The FCC simply needs to decide whether the application is complete enough to solicit public comment, operator Starlink said.

“Going beyond Amazon’s distraction and delay efforts, only one simple question is currently before the committee in this proceeding: whether SpaceX has provided enough information on a proposed minor amendment at the request of its next-gen system. for the panel to solicit public comments on this app. The answer is definitely yes, ”SpaceX wrote. Amazon is trying “to use a procedural bet to prevent the public from even having the opportunity to comment on the merits of SpaceX’s bid,” the file said.

Viasat supports Amazon’s case

Satellite operator Viasat entered the fray today with a brief that supports Amazon’s argument. “Instead of filling the gaps in its modified application or responding to the merits of [Amazon subsidiary] According to Kuiper’s arguments, SpaceX is once again trying to distract from its own failures by claiming that others are simply trying to “slow down the competition” and engage in “a procedural game,” “wrote Viasat.

Viasat pointed to an FCC rule that reads: “Applicants with a single application for a single NGO [non-geostationary satellite orbit] license filed with the commission in a particular frequency band … will not be allowed to apply for another NGSO type satellite system license in that frequency band.

“The commission explained that this restriction is necessary to ‘restrict speculation’ from the candidates and preserve opportunities for other operators to use scarce orbital and spectral resources,” Viasat wrote. “In this case, SpaceX’s proposal to allow mining with two different and mutually exclusive orbital configurations would remove opportunities for other parties to use these scarce resources.”

Viasat also said that in 2003, the FCC removed the language from another rule that previously “specific[ied] that the operators could integrate, in their applications, “alternatives which increase the flexibility to accommodate the satellite in orbit”.

SpaceX and Amazon fight over who is the biggest complainant

Much of Amazon’s latest case concerned other proceedings involving SpaceX or Tesla. Amazon said SpaceX frequently responds to “any private company that dares to point out its disregard for laws and regulations” by calling its accusers “anti-competitive” and provided several examples. Amazon also noted that SpaceX is doing the same thing it complains about, as Musk’s company “regularly raises concerns about plans currently filed by its competitors, including interference.”

Assuming the FCC puts the request for public comment, SpaceX said it expects another round of protests from the “legion of Amazon lobbyists and lawyers” during the comment period.

“Without a doubt, Amazon will find a litany of other issues with the app to complain about,” SpaceX wrote. Nonetheless, that is what the comment cycle is for: giving the public the opportunity to create a comprehensive dossier to help the commission assess SpaceX’s request for its next-gen system. SpaceX therefore urges the commission to submit the is asking for immediate comment to speed up the process of providing better broadband to more Americans, no matter where they live. “

SpaceX provides broadband beta service to more than 100,000 customers from more than 1,700 satellites. The company has obtained FCC approval to launch nearly 12,000 satellites and is seeking an FCC license to launch an additional 30,000. Amazon subsidiary Kuiper Systems has been granted approval to launch 3,236 satellites into low Earth orbit, but has said it will not launch any until at least 2023.

Amazon declined to comment on SpaceX’s filing today.

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