Judge rules that Ligado’s $39 billion lawsuit against federal government can proceed
A federal judge has now ruled that the $39 billion lawsuit by the satellite company Ligado against the federal government can move forward.
In October 2023, Ligado sued the government for $39 billion over claims that officials at the Departments of Defense and Commerce took “unlawful actions” to, in effect, improperly seize without compensation the firm’s L-band spectrum. In January, the government had asked a judge to dismiss the suit. Today Judge Edward J. Damich of the US Federal Claims Court ruled in part in favor of Ligado and in part for the government over aspects of the case, but ultimately said the case “may proceed.”
Essentially, after the FCC had awarded this spectrum to Ligado, the feds stepped in to take it away for its own use. The company argued that once it was given that spectrum to use for its satellites it was essentially its property, and that the seizure without due compensation was an illegal taking under the Fifth Amendment to the Constitution. This court decision allows this lawsuit to proceed.
The reason these federal agencies seized the spectrum this that they believe Ligado’s satellite constellation would interfere with GPS, something the FCC disputed in awarding the spectrum. Whether the company will win in court remains unclear.
Readers!
Please consider supporting my work here at Behind the Black. Your support allows me the freedom and ability to analyze objectively the ongoing renaissance in space, as well as the cultural changes -- for good or ill -- that are happening across America. Fourteen years ago I wrote that SLS and Orion were a bad ideas, a waste of money, would be years behind schedule, and better replaced by commercial private enterprise. Only now does it appear that Washington might finally recognize this reality.
In 2020 when the world panicked over COVID I wrote that the panic was unnecessary, that the virus was apparently simply a variation of the flu, that masks were not simply pointless but if worn incorrectly were a health threat, that the lockdowns were a disaster and did nothing to stop the spread of COVID. Only in the past year have some of our so-called experts in the health field have begun to recognize these facts.
Your help allows me to do this kind of intelligent analysis. I take no advertising or sponsors, so my reporting isn't influenced by donations by established space or drug companies. Instead, I rely entirely on donations and subscriptions from my readers, which gives me the freedom to write what I think, unencumbered by outside influences.
You can support me either by giving a one-time contribution or a regular subscription. There are four ways of doing so:
1. Zelle: This is the only internet method that charges no fees. All you have to do is use the Zelle link at your internet bank and give my name and email address (zimmerman at nasw dot org). What you donate is what I get.
2. Patreon: Go to my website there and pick one of five monthly subscription amounts, or by making a one-time donation.
3. A Paypal Donation or subscription:
4. Donate by check, payable to Robert Zimmerman and mailed to
Behind The Black
c/o Robert Zimmerman
P.O.Box 1262
Cortaro, AZ 85652
You can also support me by buying one of my books, as noted in the boxes interspersed throughout the webpage or shown in the menu above.
A federal judge has now ruled that the $39 billion lawsuit by the satellite company Ligado against the federal government can move forward.
In October 2023, Ligado sued the government for $39 billion over claims that officials at the Departments of Defense and Commerce took “unlawful actions” to, in effect, improperly seize without compensation the firm’s L-band spectrum. In January, the government had asked a judge to dismiss the suit. Today Judge Edward J. Damich of the US Federal Claims Court ruled in part in favor of Ligado and in part for the government over aspects of the case, but ultimately said the case “may proceed.”
Essentially, after the FCC had awarded this spectrum to Ligado, the feds stepped in to take it away for its own use. The company argued that once it was given that spectrum to use for its satellites it was essentially its property, and that the seizure without due compensation was an illegal taking under the Fifth Amendment to the Constitution. This court decision allows this lawsuit to proceed.
The reason these federal agencies seized the spectrum this that they believe Ligado’s satellite constellation would interfere with GPS, something the FCC disputed in awarding the spectrum. Whether the company will win in court remains unclear.
Readers!
Please consider supporting my work here at Behind the Black. Your support allows me the freedom and ability to analyze objectively the ongoing renaissance in space, as well as the cultural changes -- for good or ill -- that are happening across America. Fourteen years ago I wrote that SLS and Orion were a bad ideas, a waste of money, would be years behind schedule, and better replaced by commercial private enterprise. Only now does it appear that Washington might finally recognize this reality.
In 2020 when the world panicked over COVID I wrote that the panic was unnecessary, that the virus was apparently simply a variation of the flu, that masks were not simply pointless but if worn incorrectly were a health threat, that the lockdowns were a disaster and did nothing to stop the spread of COVID. Only in the past year have some of our so-called experts in the health field have begun to recognize these facts.
Your help allows me to do this kind of intelligent analysis. I take no advertising or sponsors, so my reporting isn't influenced by donations by established space or drug companies. Instead, I rely entirely on donations and subscriptions from my readers, which gives me the freedom to write what I think, unencumbered by outside influences.
You can support me either by giving a one-time contribution or a regular subscription. There are four ways of doing so:
1. Zelle: This is the only internet method that charges no fees. All you have to do is use the Zelle link at your internet bank and give my name and email address (zimmerman at nasw dot org). What you donate is what I get.
2. Patreon: Go to my website there and pick one of five monthly subscription amounts, or by making a one-time donation.
3. A Paypal Donation or subscription:
4. Donate by check, payable to Robert Zimmerman and mailed to
Behind The Black
c/o Robert Zimmerman
P.O.Box 1262
Cortaro, AZ 85652
You can also support me by buying one of my books, as noted in the boxes interspersed throughout the webpage or shown in the menu above.
The company is named “Ligado”, not “Ligardo”.
My recollection is that Ligado wishes to use L-band spectrum reserved for satellite downlink for (much more valuable) terrestrial purposes. The Ligado trick is essentially bait-and-switch: acquire satellite spectrum, then use it on the ground *contrary to the terms of the spectrum license*, and to heck with the resulting GPS interference.
While GPS receivers could theoretically be modified to filter out the very strong “glare” from these new transmitters, the GPS installed base is huge, and so this would be very expensive. Spectrum is partitioned for a reason.
Peter Monta: I have fixed the company’s name. Thank you.