Court rejects Viasat’s effort to stop SpaceX Starlink launches
Capitalism in space? A three-judge panel on July 20, 2021 rejected Viasat’s request for a temporary injunction that would have stopped all SpaceX Starlink launches until Viasat’s lawsuit against that constellation is settled.
While this decision does not settle the lawsuit, it allows SpaceX launches to continue, and likely cause the case to be expedited in the courts. The decision also suggests that the court does not favor Viasat’s claims, which are somewhat dubious on their face, and appear designed merely to shut down a successful competitor through the use of the courts.
Viasat alleged that the FCC did not comply with the National Environmental Policy Act (NEPA) when it approved SpaceX satellite launches because the commission “refused to conduct any environmental assessment.” Viasat told the DC Circuit court that SpaceX launches should be halted because of potential environmental harms when satellites are taken out of orbit; light pollution that alters the night sky; orbital debris; collision risks that may affect Viasat; and because “Viasat will suffer unwarranted competitive injury.”
The FCC by the way disputes Viasat’s claims, and filed its own brief defending SpaceX.
Viasat’s real concern is that its satellite internet service will be considered inferior to SpaceX’s and will thus lose customers to it. Too bad. Competition means you step up your game and do better, not go to court to try to shut down your opposition.
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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:
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Capitalism in space? A three-judge panel on July 20, 2021 rejected Viasat’s request for a temporary injunction that would have stopped all SpaceX Starlink launches until Viasat’s lawsuit against that constellation is settled.
While this decision does not settle the lawsuit, it allows SpaceX launches to continue, and likely cause the case to be expedited in the courts. The decision also suggests that the court does not favor Viasat’s claims, which are somewhat dubious on their face, and appear designed merely to shut down a successful competitor through the use of the courts.
Viasat alleged that the FCC did not comply with the National Environmental Policy Act (NEPA) when it approved SpaceX satellite launches because the commission “refused to conduct any environmental assessment.” Viasat told the DC Circuit court that SpaceX launches should be halted because of potential environmental harms when satellites are taken out of orbit; light pollution that alters the night sky; orbital debris; collision risks that may affect Viasat; and because “Viasat will suffer unwarranted competitive injury.”
The FCC by the way disputes Viasat’s claims, and filed its own brief defending SpaceX.
Viasat’s real concern is that its satellite internet service will be considered inferior to SpaceX’s and will thus lose customers to it. Too bad. Competition means you step up your game and do better, not go to court to try to shut down your opposition.
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.
“Competition means you step up your game and do better, not go to court to try to shut down your opposition.”
Jeff Bezos could learn a lesson here. He’s already had a few opportunities to learn this.
Robert wrote: “Viasat’s real concern is that its satellite internet service will be considered inferior to SpaceX’s and will thus lose customers to it. Too bad. Competition means you step up your game and do better, not go to court to try to shut down your opposition.”
Corruption is when you use the government (e.g. the court) to try to shut down your opposition.
Competition means you step up your game and do better, not go to court to try to shut down your opposition.
Or to government regulators … “FAA, EPA … NASA is ready for your conference call …”
I remember an Aviation Week letter to the editor about how engineers with decades of experience stay in cubicles where kids half their age in legal’ are several flights up in rooms with views.
“. Competition means you step up your game and do better, not go to court to try to shut down your opposition.”
Wow, a pull quote. Can I play?
Critical Race Theory, anyone?
Blair K Ivey: If you are asking for permission to quote me, feel free. As long as people don’t republish my whole post, reusing quotes is legal and appreciated. You do have to credit me of course.
Jeff Wright observed:
“I remember an Aviation Week letter to the editor about how engineers with decades of experience stay in cubicles where kids half their age in legal’ are several flights up in rooms with views.”
Not sure that’s a bug. Engineering happens between the ears, and walking the floor to see how that’s working. I was more jazzed by the factory floor, than views of the mountains.
Robert:
Apologies. I had thought that your quote (in quotes) on your blog would be self-evident. Outside the forum, I would, of course, attribute credit.
Blair: No need to apologize. It was obvious that you were quoting me here. Your comment implied you wanted to use the quote elsewhere. I just wanted to make it clear you could.