Judges Weigh Whether Spectrum Licenses Create Property Rights
Ligado says DoD systems are preventing its use of FCC licenses – and wants compensation.
WASHINGTON, Feb. 6, 2026 – Federal judges probed Wednesday whether Federal Communications Commission spectrum licenses create property rights for license holders.
Chief Judge Kimberly Moore of the U.S. Court of Appeals for the Federal Circuit said she didn't think all parts of the issue were adequately briefed and at multiple points contemplated sending the question back down for the lower court to consider again.
“Maybe the answer is I send this back to the Court of Federal Claims and I ask them to more thoroughly and thoughtfully consider this property interest question,” she said. “It’s a very hard question, I feel like this case is destined for the Supreme Court. And I’ll be honest, I don’t feel that I have all the information I need to feel confident that I’m deciding it as well as I’d like to.”
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