RESTON, VA. – February 28, 2025 – Satellite communications company Ligado Networks (“Ligado”) announced today that the U.S. Court of Federal Claims has granted a government motion requesting to certify an interlocutory appeal to the U.S. Court of Appeals for the Federal Circuit. The government’s request seeks further consideration of the Court’s largely pro-Ligado decision on the government’s Motion to Dismiss. The appeal request was anticipated as it represents the government’s only recourse at this stage against the Motion to Dismiss ruling.
In 2023, Ligado filed a lawsuit against the Department of Defense (DOD), the Department of Commerce (DOC), and the National Telecommunications and Information Administration (NTIA)1, an agency within DOC. The lawsuit sought just compensation for the spectrum license Ligado was granted by the Federal Communications Commission (FCC) that was unlawfully taken by the defendants for their own use without permission from or compensation to Ligado. As a result of the government’s unlawful taking of the spectrum, Ligado has not been able to use its licensed spectrum for its business purpose –– to help expand the nation’s 5G network.
On November 18, 2024, the U.S. Court of Federal Claims denied in part the government’s Motion to Dismiss Ligado’s claims against it, ruling that Ligado had properly alleged that the U.S. government engaged in physical, categorical, and regulatory takings of Ligado’s exclusively licensed spectrum without compensation in violation of the Fifth Amendment. That decision represented a significant win for Ligado and if the government did not request an interlocutory appeal, it would mean Ligado could continue to prosecute its claims with the benefit of the Court’s determination that its spectrum licenses are a property interest vis-à-vis the DOD.
“We were not surprised by the government’s request to certify an interlocutory appeal to the Federal Circuit following the Court of Federal Claim’s ruling on the Motion to Dismiss,” said Doug Smith, President and Chief Executive Officer of Ligado. “The Court already decided an important part of Ligado’s case –– that its spectrum licenses are property vis-à-vis the Department of Defense that may not be taken by the government without just compensation. It would have been a surprise if the government had not used this opportunity to attempt to salvage its defense.”
Now that the Court of Federal claims has granted the government’s Motion to Certify an interlocutory appeal, the government must ask the Federal Circuit to hear its claims. If the Circuit chooses to hear the appeal, the parties will have the opportunity to present their arguments to the higher court.
The U.S. Government’s Unlawful Taking of Ligado’s Spectrum Access
For decades, Ligado has provided mobile satellite services to the critical communications sector in the U.S. In addition to its satellite services, Ligado’s terrestrial spectrum assets are part of the U.S. roadmap to expand 5G services and accelerate the integration of mobile satellite and terrestrial networks.
In 2020, the FCC granted Ligado exclusive rights to operate terrestrial 5G services within its licensed L-Band spectrum after a comprehensive, multiyear review process. Following this, Ligado raised billions of dollars to expand its network, hire employees, and invest in technology to prepare its spectrum to support next-generation terrestrial 5G services.
However, the DOD unilaterally seized Ligado’s licensed spectrum, depriving the company of its chance to execute its ambitious 5G business plan, constituting the largest uncompensated taking of private property in the U.S. in modern times and causing Ligado catastrophic financial distress.
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About Ligado Networks
Building on 25 years of experience providing mobile satellite services, our mission is to bring versatile connectivity to the businesses, people, and places that need it most. Our satellite and terrestrial solutions, combined with powerful, lower mid-band spectrum, serve to supplement and broaden mobile coverage across the United States and Canada. For more information, visit www.ligado.com.
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Ligado Networks Media Contact: media@ligado.com
Cautionary Statement Regarding Forward-Looking Statements
The following discussion contains forward-looking statements that reflect the Company’s plans, estimates and beliefs. The Company’s actual results could differ materially from those discussed in the forward-looking statements. Unless the context otherwise requires, the terms “Ligado”, “Company”, “we”, “our” and “us”, when used throughout this discussion and analysis, are references to Ligado Networks LLC and its subsidiaries. Additionally, references to “spectrum” and “networks” include the satellites, spectrum, and networks of Ligado, including its subsidiaries, on a consolidated basis.
1 LIGADO NETWORKS LLC v. USA, Docket No. 1:23-cv-01797.
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