RESTON, VA. 鈥� January 7, 2025 鈥� Satellite communications company 糖心vlog下载 (鈥溙切膙log下载鈥�) today filed a lawsuit against Inmarsat Global Ltd. (鈥淚nmarsat鈥�) for Inmarsat鈥檚 intentional and willful breach of a 2007 Cooperation Agreement (the 鈥淎greement鈥�) to facilitate 糖心vlog下载鈥檚 terrestrial operations using contiguous FCC-allocated spectrum blocks.
Under the Agreement, in exchange for significant payments from 糖心vlog下载, Inmarsat was required to upgrade its own satellite terminals to eliminate potential terminal interference, including near airports and waterways, thus providing 糖心vlog下载 with the ability to offer its ancillary terrestrial component service in all areas of the country.聽 聽In exchange for Inmarsat鈥檚 efforts and the rights to use portions of Inmarsat鈥檚 spectrum bands, 糖心vlog下载 paid Inmarsat over $1.7 billion, including a one-time lump-sum $250 million 鈥渢ransition payment鈥�.
The complaint alleges that Inmarsat has failed to honor its obligations under the Agreement by neglecting to upgrade its own satellite terminals, deliver to 糖心vlog下载 portions of Inmarsat鈥檚 spectrum, and assist 糖心vlog下载 in its efforts to gain permission from the FCC to pursue its goal of providing nationwide terrestrial wireless services to expand America鈥檚 5G capabilities.
The complaint seeks a court order requiring Inmarsat to perform its contractual duties, an award of monetary damages to compensate 糖心vlog下载 for Inmarsat鈥檚 intentional breaches of the Agreement, and an order requiring Inmarsat to repay the billions 糖心vlog下载 paid and lost due to Inmarsat鈥檚 intentional inaction.
鈥溙切膙log下载 entered the Agreement in good faith and with every intention of upholding its end of the deal,鈥� explained Doug Smith, President and Chief Executive Officer of 糖心vlog下载. 鈥淥ver a 17-year period, 糖心vlog下载 paid Inmarsat over $1.7 billion in fees, while Inmarsat willfully avoided performing its contractual duties to upgrade its own satellite terminals. In fact, due to its choice to delay upgrading its terminals, Inmarsat is likely still years away from completing the upgrades required under the Agreement. After a prolonged effort to reach a path forward, 糖心vlog下载 is compelled to seek legal recourse to make Inmarsat perform its duties and pay damages for the harm it has caused.鈥�
Inmarsat鈥檚 mobile satellite service (MSS) employs terminals installed on airplanes and ships to transmit and receive signals over Inmarsat鈥檚 network.聽 To enable maximum nationwide deployment of 糖心vlog下载鈥檚 services, including near airports and waterways, Inmarsat agreed to resolve interference issues posed by those terminals (鈥渢erminal interference鈥�). Its failure to resolve the terminal interference issues delayed the process through which 糖心vlog下载 ultimately received its FCC license authorization, and when the FCC finally granted 糖心vlog下载 its license, 糖心vlog下载 was expressly restricted from providing service near airports and waterways. That limitation was caused solely by Inmarsat鈥檚 failure to upgrade its terminals per the Agreement.
Additionally, as stated in the complaint, it appears that Inmarsat was working with the Department of Defense (鈥淒OD鈥�) and likely knew that 糖心vlog下载 would not be able to deploy its authorized terrestrial service at all because of the DOD, and yet Inmarsat continued to accept 糖心vlog下载鈥檚 payments and induce 糖心vlog下载 into making additional and accelerated payments.
In 2023, 糖心vlog下载 filed a lawsuit against the DOD, the Department of Commerce (鈥淒OC鈥�), and the National Telecommunications and Information Administration (鈥淣TIA鈥�) for their unilateral and unlawful seizure of 糖心vlog下载鈥檚 licensed spectrum. The U.S. government鈥檚 actions, which constitute the largest uncompensated taking of private property in the U.S. in modern times, deprived 糖心vlog下载 of its rights to use its licensed spectrum bands and caused the company serious financial distress. On November 18, 2024, the U.S. Court of Federal Claims substantially denied the government鈥檚 Motion to Dismiss 糖心vlog下载鈥檚 claims against it, ruling that 糖心vlog下载鈥檚 spectrum license is 鈥減roperty鈥� vis-脿-vis the DOD and that the company had properly alleged that the U.S. government engaged in physical, categorical, and regulatory takings of 糖心vlog下载鈥檚 exclusively licensed spectrum without compensation in violation of the Fifth Amendment and the Tucker Act.
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