I
work in the same industry, and I have direct knowledge of how FCC and wireless licensing
work.
In this case, Starlink is in violation because it does not have a
license (at this time) for mobile use in that band, and thus it is not supposed to "encourage" prohibited usage of its
equipment (which it is doing), and it is instead supposed to clearly state the allowed uses and the consequences to users in case of prohibited usage (which it is not doing).
Users using the
equipment while moving are also in violation because it is a prohibited use, albeit they could argue (probably successfully) that Starlink did not adequately warn them, if they get caught.
In practice, Dish will likely be able to stop Starlink at least temporarily (until they get the proper licenses), because they do have a clear case to prove violation. Individual users are unlikely to get caught, because there is no "FCC force" actively trying to track them down, and it does not make sense anyway.
Incidentally, I do not think this is a case of a
government agency over-reaching and trying to curtail innovation.
Regulation of the airwaves is necessary, otherwise it would be chaos and no
service would be able to work reliably. FCC is notoriously corrupted and led by economic interests that have nothing to do with the interests of innovation or the benefit of consumers. However, although imperfect, FCC is necessary to keep the wireless industry going. Rules are rules, and FCC is there to enforce them.
Additionally, if FCC "closed an eye" on this, sort to speak, it would be extremely unfair towards all those manufacturers that do not have Elon Musk as their CEO, and thus have to follow the rules no matter how innovative their products are.
As for jurisdiction, wireless equipment is subject to the rules of the area it is transmitting/receiving from. The same equipment being used in EU would be subject to CE rules (sometimes even the bands are different) and require different licenses, in
Asia they would be subject to yet a different set of rules and licenses.
Wireless equipment manufacturers, big and small, are adept to these different jurisdictions and get the proper licenses/certifications in all the areas they intend to operate, it is just a necessary aspect of doing business. In this case, Starlink has not fully complied with getting all the necessary
license. The (true) fact that some license may take a long time to get does not excuse them from following the rules.