In the United States Court of Appeals for the District of Columbia Circuit
USCA Case #21-1125 Document #1900500 Filed: 05/26/2021 Page 1 of 70 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT VIASAT, INC., Petitioner, Case No. 21 - 1_________________125 v. FEDERAL COMMUNICATIONS COMMISSION, Respondent. VIASAT, INC.’S PROTECTIVE PETITION FOR REVIEW Pursuant to 47 U.S.C. § 402(a), 28 U.S.C. §§ 2342(1) and 2344, and Rule 15(a) of the Federal Rules of Appellate Procedure, Viasat, Inc. hereby petitions the Court for review of the final order of the Federal Communications Commission (Commission) captioned In the Matter of Space Exploration Holdings, LLC Request for Modification of the Authorization for the SpaceX NGSO Satellite System, Order and Authorization and Order on Reconsideration, IBFS File No. SAT-MOD-20200417-00037, Call Signs S2983/S3018 (rel. Apr. 27, 2021) (Order). A copy of the Order is attached as Exhibit A. Viasat is simultaneously filing a Notice of Appeal of the Order pursuant to 47 U.S.C. § 402(b) and (c) and Rule 15(a) of the Federal Rules of Appellate USCA Case #21-1125 Document #1900500 Filed: 05/26/2021 Page 2 of 70 Procedure. As explained in the Notice of Appeal and below, a Notice of Appeal under § 402(b)(6) is the proper vehicle to challenge the Order. In its Order, the Commission grants, subject to certain conditions, the application of Space Exploration Holdings, LLC (SpaceX) for modification of its license for a non- geostationary orbit fixed-satellite service constellation using Ku- and Ka-band spectrum. Order ¶ 1; see also Order ¶ 8 (“Section 25.117 of the Commission’s rules governs the modification of space station licenses.”); 47 C.F.R.
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