DOJ Urges Reversal in Ligado Spectrum Litigation
The lower court hearing Ligado's complaint against the federal government erred in not finding that the Communications Act displaced the trial court's jurisdiction over Ligado's takings claims, DOJ said this week in a reply brief (docket 25-1792). The U.S. has an interlocutory appeal before the U.S. Court of Appeals for the Federal Circuit regarding a lower court's partial rejection of the government's motion to dismiss the Ligado suit (see 2411180023). Ligado alleged that the DOD is infringing on the company's L-band spectrum rights (see 2310130003).
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In its reply brief, defendant-appellant DOJ said the trial court also erred in saying Ligado's FCC license is a cognizable property interest for takings purposes. The limiting language of the Communications Act means that no court, "other than the trial court for the very first time in this case," has recognized an FCC license as property for takings purposes. Even if Ligado is alleging a cognizable property interest, Congress was clear that no one can have a property interest in the spectrum itself, DOJ said. Any purported property interest that Ligado possesses "is necessarily confined to its FCC license, which is an intangible asset that may properly trigger only a regulatory takings analysis."