A U.S. Court of Federal Claims judge this week has allowed Ligado Networks‘ $39 billion suit to move forward against the federal government over claims it unconstitutionally took licensed 5G spectrum.

In a ruling that hasn’t received much press, Judge Edward Damich said while Ligado’s assertion that the FCC license to operate was not a property right that was a subject to a federal taking, the company had made its case that the portion of the spectrum that the DoD was using was a property interest.  For its part, government lawyers argued that Ligado was not adhering to FCC spectrum license requirements that relate to potential interference with GPS.

The government in January filed a motion in the Claims Court to dismiss the lawsuit that alleges federal agencies blocked its legally assigned spectrum.  In the motion, government lawyers contend that the court lacks jurisdiction because the Federal Communications Act established a remedial scheme, including Ligado’s taking claim that arises out of FCC licensing decisions.  In addition, the motion says that even if the court has jurisdiction, “Ligado cannot establish a cognizable property interest in its FCC license.”

Ligado, in its October 2023 legal filings, contends that the U.S. government, in “a multiyear misinformation and disparagement campaign” to conceal its activities, misappropriated the company’s licensed spectrum to support [U.S. Defense Department] systems without permission or compensation.  In addition to the government, Ligado filed suit against the Department of Defense, Department of Commerce and the National Telecommunications and Information Administration.

Ligado, which hasn’t made a public announcement about the newest court decision, said that the FCC, in a 2020 decision, granted the company exclusive authority over the use and licensing of the spectrum, which operates near that of GPS.