June 16, 2023

BY ELECTRONIC FILING
Marlene H. Dortch
Secretary
Federal Communications Commission
45 L Street, N.E.
Washington, DC 20554

Re: ICFS File No. SES-LIC-20230228-00232; Call Sign: E230036

Dear Ms. Dortch:

SpaceX’s new generation of earth stations in motion (“ESIMs”) will bring even higher
quality broadband access to support innovative use cases for American consumers, businesses, and
government users no matter where they are or travel. DISH, in response, has continued its
scorched earth crusade against SpaceX by submitting another meritless filing to block this
innovation. 1 DISH again repeats claims about interference, even though the user terminals subject
to this proceeding only receive in the band DISH is challenging. Despite having been rejected on
these same arguments time and again, DISH somehow still does not understand that it cannot get
interference from a receiver. Just as it has done every other time DISH cut and pasted these claims,
the Commission can reject DISH’s attacks and expeditiously authorize SpaceX’s application so
that consumers everywhere can get access to high speed broadband while in motion.

Rather than raise any specific claims against SpaceX’s new ESIMs, DISH asks the
Commission to deny SpaceX’s earth station application based on DISH’s baseless claims about
SpaceX’s space stations. Specifically, DISH argues that the Commission should deny SpaceX’s
ESIM application due to the “proposed use of smaller beams and SpaceX’s reliance on a non-
compliant power limit certification.” 2 DISH is clearly misguided here. As SpaceX has explained,
DISH’s concerns regarding space-to-Earth transmissions are simply not relevant to this
proceeding—which involves ESIMs that will only receive in the relevant band. 3 Even if SpaceX’s
proposed Gen1 and existing Gen2 operations were relevant, SpaceX has certified that both of its
satellite systems will comply with applicable EPFD limits in the 12 GHz band in accordance with
Section 25.146 of the Commission’s rules and the Commission has rejected DISH’s arguments in
finding SpaceX to be compliant. 4

Moreover, granting SpaceX’s ESIM application will not change the way the SpaceX Gen1
or Gen2 system is authorized to operate. The Commission can address DISH’s meritless concerns

1
See Reply to Opposition to Petition to Deny, ICFS File No. SES-LIC-20230228-00232 (May 25, 2023) (“DISH
Reply”). See also Letter from David Goldman to Marlene H. Dortch, ICFS File Nos. SAT-MOD-20230207-
00021, et al. (June 6, 2023) (responding to DISH oppositions in six proceedings).
2
See DISH Reply at 5.
3
See Opposition to Petition to Deny, ICFS File No. SES-LIC-20230228-00232, at 4 (May 18, 2023) (“SpaceX
Opposition”).
4
See Space Exploration Holdings, LLC, 36 FCC Rcd. 7995, ¶ 39 (2021); Space Exploration Holdings, LLC, FCC
22-91, ¶ 31 (rel. Dec. 1, 2022).
Marlene H. Dortch
June 16, 2023
Page 2 of 4

in proceedings related to those space station authorizations, but they have no bearing here since
the earth stations will only receive in the 12 GHz band and therefore could not cause harmful
interference to DISH’s operations. The Commission should not allow DISH’s lack of
understanding about how NGSO satellites use spectrum to hinder the deployment of user
equipment that will improve broadband services for Americans across the country.

DISH—and only DISH—opposes SpaceX’s latest application based on fact-free and

irrelevant claims. The Commission has repeatedly rejected DISH’s claims that SpaceX’s ESIMs
could cause harmful interference to DISH’s DBS services in the 12 GHz band, and DISH provides
no reason to depart from the Commission’s earlier correct decisions here. 5 Accordingly, SpaceX
urges the Commission to reject DISH’s petition and move expeditiously to grant this application
so that SpaceX can bring the benefits of its latest technology to consumers as quickly as possible.

Sincerely,
/s/ David Goldman
David Goldman
Sr. Director, Satellite Policy

SPACE EXPLORATION TECHNOLOGIES CORP.

1155 F Street, NW
Suite 475
Washington, DC 20004
Tel: 202-649-2641
Email: David.Goldman@spacex.com

5
See SpaceX Opposition at 4-6 (discussing precedent).
 CERTIFICATE OF SERVICE

I hereby certify that, on this 16th day of June, 2023 a copy of the foregoing was served by

first class U.S. mail upon:

Pantelis Michalopoulos
Andrew M. Golodny
Steptoe & Johnson LLP
1330 Connecticut Avenue, N.W.
Washington, DC 20036

Jeff Blum
Alison Minea
Hadass Kogan
DISH Network Corporation
1110 Vermont Avenue, N.W.
Suite 450
Washington, DC 20005

/s/ Hailey Stewart

Hailey Stewart