Dish Network and an environmental group focused on stopping light pollution are suing to stop SpaceX’s second-generation Starlink network.
Dish Network and the International Dark-Sky Association have both filed lawsuits that demand the US Court of Appeals in DC reverse the FCC’s order clearing the second-gen Starlink satellite network for launch.
In early December, the FCC gave conditional approval for the second-gen network, but at a much smaller scale—7,500 satellites instead of the SpaceX-requested 29,988. However, Dish Network is opposing the FCC order over concerns the second-gen Starlink network will disrupt access to Dish's satellite TV business.
“The order leaves millions of families receiving satellite television service from Dish in the same frequency band vulnerable to interference. It is unlawful and should be set aside for several reasons,” the company said in its court filing.
The lawsuit is one of several regulatory battles Dish has been fighting with SpaceX as both companies look to gain access to radio spectrum for their respective satellite services.
Meanwhile, the International Dark-Sky Association is opposing the FCC order over concerns the second-gen Starlink satellites will generate too much light in the night sky. The nonprofit group also argues the FCC should have ordered an environmental review of the second-gen Starlink proposal to adhere to federal laws.
“It is unprecedented for IDA to resort to the court system to resolve disputes. But in this case, we felt compelled to act,” the association said in a statement.
For SpaceX, the second-generation network promises to help increase speeds and coverage on Starlink when its broadband quality has been suffering from network congestion. So the lawsuits could derail much-needed upgrades to Starlink if they prevail in court. Still, SpaceX has already launched the first batch of second-gen satellites into space. And many more could go up, long before the US Appeals Court comes to a decision.
SpaceX didn’t respond to a request for comment. But according to a Thursday court filing, the company has requested to defend the FCC’s order before the judges.
Last month, SpaceX also told the FCC about several design improvements to the second-gen Starlink satellites to prevent them from reflecting light in the night sky. This includes developing a “space-stable black paint” and “next-generation dielectric mirror film,” which can be fitted over the satellites to minimize the reflections.
The company’s statement adds that SpaceX has “made significant investments to ensure its satellites are effectively invisible to the naked eye at their standard operational altitude.”