Viasat Calls Hughes Argument Against CAF Performance Recon Petition 'Absurd'
Viasat slammed Hughes Network Systems' opposition to Viasat's petition to reconsider parts of an FCC Connect America Fund performance metrics order. Hughes argued the "petition should be denied because the Performance Metrics Order 'was in full force and effect' when…
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it was adopted 'and parties were obligated to rely on it,'" Viasat said, posted Wednesday in docket 10-90. "This argument is absurd on its face. Nothing in the Commission’s rules prevents reconsideration of orders that are 'in full force and effect.' Indeed, if that were the standard, reconsideration would almost never occur." In September, Viasat targeted FCC requirements that satellite broadband providers receiving Phase II support retain third parties to do testing, and that satellite broadband providers do "real-world' latency tests using certain ITU-recommended procedures." Hughes didn't comment Wednesday. Safeguard "the bedrock principle that the standards applicable to auction participants must be clear before an auction begins and should not be substantively changed after an auction is over," Hughes asked the FCC Dec. 7. It urged denying Viasat's petition and granting Hughes' petition to clarify that a test for demonstrating compliance with a voice-quality requirement for high-latency bidders doesn't apply to CAF support distributed through a New York state broadband program, where Hughes won support.