Final Action Comes Following A Letter From the NTIA

The FCC has pulled the plug on LightSquared's attempt to establish a 4G wireless data network on frequencies adjacent to those used by GPS.

The FCC's rejection of LightSquared's plan follows a final recommendation, issued to federal regulators February 14 by the National Telecommunications and Information Administration (NTIA) – which is a joint panel comprised of nine federal agencies – saying NTIA "cannot support" further deployment of LightSquared's technology.

"...We conclude that LightSquared's proposed mobile broadband network will impact GPS services and that there is no practical way to mitigate the potential interference at this time," said U.S. Department of Commerce Assistant Secretary for Communications and Information Lawrence E. Strickling, in a letter, sent on behalf of the NTIA, to FCC Chairman Julius Genachowski.

"Furthermore," Strickling's letter continues, "while GPS equipment developers may be able to mitigate these issues via new technology in the future, the time and money required for federal, commercial, and private sector users to replace the technology in the field and in the marketplace, on aircraft, and in integrated national security systems cannot support the scheduled deployment of terrestrial services proposed by LightSquared." Read the letter Strickling sent to the FCC on behalf of the NTIA.

FCC spokesperson Tammy Sun acknowledged NTIA's call for LightSquared's plans to be placed on indefinite hold. "NTIA, the federal agency that coordinates spectrum uses for the military and other federal government entities, has now concluded that there is no practical way to mitigate potential interference at this time," read a statement from Sun, who added that the FCC's International Bureau intended to vacate the conditional waiver for LightSquared's application issued by the FCC in January 2011, before the results of tests demonstrating catastrophic interference with GPS receivers were widely known."

The NBAA  applauded the action, calling it a "very important step." "More than 60 percent of business aircraft operating in the U.S. are equipped with various GPS capabilities required for instrument approaches at over 5,000 airports, and even more have en-route GPS capability," said NBAA president and CEO Ed Bolen. "NBAA Members don't oppose new technology systems like the one proposed by LightSquared, as long as they don't compromise aviation safety by interfering with the GPS systems our Members rely on for navigation and communications.

"It's also worth noting," Bolen continued, "that protecting GPS isn't just a critical issue for the business aviation community – it is also relied upon by rescue workers, farmers, military operators, consumers and other users."

LightSquared said in a news release issued Tuesday before the FCC's response to the NTIA that the body's recommendation relied on the flawed conclusions of the PNT ExCOM about LightSquared’s potential impact on GPS.

"LightSquared profoundly disagrees with both the NTIA’s and the PNT’s recommendations, which disregard more than a decade of regulatory orders, and in doing so, jeopardize private enterprise, jobs and investment in America's future," the company said in the news release. "NTIA relies on interference standards that have never been used in this context, and were forced by the GPS community in order to reach the conclusions presented today. This, together with a severely flawed testing process that relied on obsolete and niche devices, shows that the FCC should take the NTIA's recommendation with a generous helping of salt. Despite LightSquared’s success in finding technical solutions and the acknowledgement by a senior government official that GPS receivers are specifically designed to rely on spectrum licensed to LightSquared, it is extremely disappointing that this recommendation was made today."
 
The Wall Street Journal reports that Lightsquared has proposed a frequency swap with the Department of Defense for spectrum the DoD currently uses for aircraft testing as a way to potentially save its planned service. The frequencies are further away from the GPS band than the company's original LTE network. LightSquared said it was one of several options the company is considering, and may not pursue it. There was no immediate comment from the DoD on the idea.

FMI: www.fcc.gov, www.lightsquared.com