Ligado Networks has sued the U.S. federal government for $39 billion, alleging officials at the U.S. Department of Defense (DoD) misappropriated Ligado’s exclusively licensed L-band spectrum to support secret DoD systems without permission or compensation.
“The lawsuit, filed in the U.S. Court of Federal Claims against the United States, the Defense Department, the Commerce Department and NTIA, seeks just compensation for the government’s physical, categorical, regulatory and legislative takings of Ligado’s property,” the company said in a press release.
According to the company’s lawsuit, the DoD embarked on a “misinformation and disparagement campaign” against Ligado starting shortly after the company received its FCC approvals in 2020. That campaign, according to the lawsuit, sought to revive concerns that Ligado’s 5G plans would interfere with GPS services.
Ligado alleges the DoD’s claims about spectrum interference “are a pretext” to conceal secret Pentagon systems that depend on Ligado’s spectrum.
The company claims multiple former and current senior government officials have acknowledged the DoD wants Ligado’s spectrum for its own, undisclosed purposes, and that the DoD’s activities cannot co-exist with Ligado’s authorized use of its spectrum.
“High ranking U.S. government officials have acted deliberately to deprive an American company of its rightfully licensed property,” said Ivan Seidenberg, chairman of Ligado’s board of managers.
Its complaint states the DoD, U.S. Department of Commerce (DoC) and the National Telecommunications and Information Administration (NTIA) have deprived Ligado of all the economic benefits it could have expected from using and developing its exclusively allocated and licensed spectrum for terrestrial services.
Ligado is asking the court for “just compensation in an amount to be determined at trial for its past, present, and future taking of Ligado’s rights.”
The latest chapter of the decades-long Lightsquared/Ligado saga will be revealed this week
The National Academies of Science, Engineering and Medicine (NASEM) will hold a public online briefing at 11 a.m. ET on Sept. 9 to present the results of its Ligado interference study. The committee’s report will be available at National Academies Press at that same time.
The decision by the Federal Communications Commission (FCC) to grant Ligado Networks permission to operate a terrestrial service in a frequency band adjacent to that used by GPS has been controversial since it was announced in April 2020.
The Executive Branch has formally objected to the decision because of its potential to interfere with various kinds of GPS receivers and requested its reversal. So have numerous industry groups.
The satellite communications company Iridium and some weather organizations also formally objected.
Seven different “Petitions for Reconsideration” were filed with the FCC in May 2020 reflecting a variety of engineering- and process-based objections. None have been acted upon and all are still open issues for the commission.
As a result of the long dispute over the potential for interference, the National Defense Authorization Act for 2021 required the Department of Defense (DOD) to contract with NASEM to examine the issue. The study effort began almost exactly a year ago with the announcement of a proposed study team.
According to the NAESM website:
This study will review Federal Communications Commission order FCC 20-48, which authorized Ligado Networks LLC to operate a low-power terrestrial radio network adjacent to the Global Positioning System (GPS) frequency band. It will consider how best to evaluate harmful interference to civilian and defense users of GPS, the potential for harmful interference to GPS users and DOD activities, and the effectiveness and feasibility of the mitigation measures proposed in the FCC order.
Specific results were intended to include:
which of the two prevailing proposed approaches to evaluating harmful interference concerns — one based on a signal-to-noise interference protection criterion and the other based on a device-by-device measurement of the GPS position error — most effectively mitigates risks of harmful interference with GPS services and DOD operations and activities
the potential for harmful interference from the proposed Ligado network to mobile satellite services — including GPS and other commercial or DOD services, and including the potential to affect DOD operations and activities
the feasibility, practicality and effectiveness of the mitigation measures proposed in the FCC order with respect to DOD devices, operations and activities.
Other relevant issues the study committee found are also expected to be discussed.
The NASEM committee has been meeting regularly since the end of September 2021 and has heard from numerous industry and interest groups on both sides of the issue. Materials presented as well as videos of the public portions of all the meetings are available at the group’s website.
Both a classified and an unclassified version of the report are supposed to be produced. No information has been released about whether the classified report has been completed and provided to the Department of Defense.
Based on previous NASEM reports, some observers predict the results of the study will not strongly support either side of the dispute. “Most of these kind of reports say, ‘On the one hand this, but on the other hand that.’ Usually they are not really conclusive. I expect both sides will find something in it to support their assertions and the dispute will continue as it has to date,” said one stakeholder.
A bipartisan group of eight U.S. senators has sent a letter to the Federal Communications Commission (FCC), urging the agency to stay and reconsider the Ligado Networks order.
U.S. Senators Jim Inhofe (R-Okla.) and Jack Reed (D-R.I.), ranking member and chairman of the Senate Armed Services Committee, led the group in sending the letter to FCC Chairwoman Jessica Rosenworcel, urging her to reconsider granting Ligado’s license modification request.
Ligado wants to use a part of the communications spectrum in a way that risks interference with GPS reception, a move that has been decried by many industry insiders as well as other government agencies, including the departments of Defense and Transportation.
The timing of the letter is critical, as Ligado has announced its intention to deploy a terrestrial network as soon as Sept. 30. The National Academy of Sciences plans to release a report on the FCC’s order at a public online briefing at 11 a.m. ET Sept. 9. The report will be available at National Academies Press at that same time.
Imminent Risks
Joining Inhofe and Reed were Sens. Tammy Duckworth (D-Ill.), Mazie Hirono (D-Hawaii), Mark Kelly (D-Ariz.), Mike Rounds (R-S.D.), Kyrsten Sinema (D-Ariz.) and Dan Sullivan (R-Alaska).
The senators write: “Staying and reconsidering the Ligado Order is necessary to address the imminent risks associated with Ligado’s intention to ‘commence operations in the 1526-1536 Mhz band on or after September 30, 2022.’ We remain gravely concerned that the Ligado Order fails to adequately protect adjacent band operations — including those related to GPS and satellite communications — from harmful interference impacting countless military and commercial activities.
“We urge you to set aside the Ligado Order and give proper consideration to the widely held concerns across the Executive Branch, within Congress, and from the private sector regarding the expected impact of the Ligado Order on national security and other systems,” the senators continued.
We write to you today to urge the Federal Communications Commission (FCC) to stay and reconsider the FCC’s order granting the applications of Ligado Networks LLC (Ligado) to deploy a terrestrial wireless network in the L-band satellite spectrum neighborhood, FCC 20-48, adopted April 19, 2020 (the Ligado Order). We remain extremely concerned that terrestrial L-band operations would cause unacceptable risk to Department of Defense (DOD), the Federal Government Global Positioning System (GPS), and Satellite Communications (SATCOM) operations.
Prior to the issuance of the Ligado Order, fourteen federal agencies and departments expressed strong opposition to the applications sought by Ligado over concerns about potential harmful interference with GPS operations. In May 2020, shortly following the issuance of the Ligado Order, on behalf of the executive branch, the National Telecommunications and Information Administration (NTIA) petitioned the FCC to reconsider its decision. That filing requested that the FCC “rescind its approval of the mobile satellite service (MSS) license modification applications” granted to Ligado, which the NTIA asserted would “cause irreparable harms” to federal government GPS users.
Staying and reconsidering the Ligado Order is necessary to address the imminent risks associated with Ligado’s intention to “commence operations in the 1526-1536 Mhz band on or after September 30, 2022.” We remain gravely concerned that the Ligado Order fails to adequately protect adjacent band operations—including those related to GPS and satellite communications—from harmful interference impacting countless military and commercial activities. We urge you to set aside the Ligado Order and give proper consideration to the widely held concerns across the Executive Branch, within Congress, and from the private sector regarding the expected impact of the Ligado Order on national security and other systems.
We look forward to continuing to work with you to ensure that federal spectrum policy adequately protects the millions of military and commercial users who rely on L-band satellite services every day.
Radio altimeters are critical in aircraft landing systems. (Getty image). (Photo: guvendemir/E+/Getty Images)
As most GNSS industry insiders already know, the Federal Communications Commission (FCC) has licensed adjacent GNSS L1 protection frequencies to Ligado Networks (formerly Lightsquared) for its nationwide 4G-LTE network.
Many objections emerged as expected this second time around from government agencies, industries and U.S. forces — yet the roll-out is still underway, pending actual interference occurring. This all in an attempt to find communications bandwidth for many emerging commercial radio applications.
Now, as 5G C-Band 3.7–3.98 GHz wireless phone networks begin their FCC approved roll-out, the Federal Aviation Administration (FAA) has apparently lodged an unanticipated objection on the grounds that cross-interference could compromise aircraft radar altimeter and wireless communications that operate at 4.2 to 4.4 GHz in the C-band.
While 5G wireless has already been operating in many parts of the world without reports of interference with aircraft systems, the FAA appears to be taking a more conservative approach to how aviation in the United States should co-exist with the new 5G phone wireless system. The FAA has proposed imposing an exclusion zone around airports for 5G wireless networks — which apparently have already been operating with reduced power in these areas — until cooperative operation has been proven.
Now along comes a new C-band wireless network (SkyLink) aimed at providing high-integrity unmanned aircraft systems (UAS) command and control (C2). The SkyLink company uAvionix has also developed a C-band Control & Non-Payload Communications (CNPC) radio for UAS applications.
Together with Thales, uAvionics recently tested its radio with its SkyLink radio network. The network has been qualified in accordance with the RTCA DO-377 standard for a network management system that monitors network and radio link health, and the radio has been developed to the draft FAA Technical Standard Order (TSO) C-213A to support critical UAS operations.
The network uses new DO-362A-compliant SkyLink C-band radios, integrates certifiable aviation-grade hardware and software, uses frequency agility, and provides critical fault monitoring and control capability. The objective is to obviate the loss of the C2 link with the vehicle, and thereby enable beyond-visual-line-of-sight (BVLOS) operations without an FAA waiver.
It’s unclear whether the emergence of the C-band network — approved by both the FAA and FCC — will play a role in the current phone network interoperability issue. However, uAvionix reports that several sites in the United States and offshore are either rolling out C-band SkyLink networks or evaluating doing so.
North Dakota already has an ISM-band SkyLink network at its UAS test site that will shortly transition to C-band.
The Choctaw Nation in Oklahoma under an FAA program seeks to enable BVLOS operations through a C-band C2 network.
New Mexico State University will use a Skylink C2 network around Las Cruces airport for small UAS (sUAS) operations and testing to overcome anticipated interference from nearby Air Force and Space Force operations.
The Tillamook UAS test range in Oregon has already installed the first ground site of a SkyLink network.
The University of Alaska at the Fairbanks UAS test site will use uAvionics radios for testing large, heavy UAS operations.
In Canada near the Jonesburg airport, a Skylink C2 network will support the safety case for BVLOS pipeline inspection operations for the oil industry.
While many of these new networks are not yet fully online, the use of frequency hopping, safety-monitored C-band, and certifiable transmissions for UAS command and control appears to be moving forward rapidly. Because the FAA is supporting this testing phase, it seems inevitable that large-scale C-band network rollout for UAS C2 will happen eventually.
5G phone networks, wireless UAS command and control, and aircraft safety systems essential for landing will need to find a way to co-exist and provide reliable, sustained service to their respective customer bases. Look for much more to develop in this ongoing tussle between industry groups and agencies who appear to have little in common, other than grudgingly sharing a crowded radio spectrum.
Individuals and organizations wishing to comment on the appropriateness of any of the members of that team or on any other aspect of this study have until Sept. 19.
The April 2020 decision by the FCC has generated significant controversy and opposition within the public and Congress. This resulted in, among other things, seven separate petitions for reconsideration being filed, all of which are still pending, and several provisions in the National Defense Authorization Act for 2021. One of those provisions requires the Department of Defense to sponsor a study of the technical assumptions and analyses that went into the FCC’s decision to allow Ligado Networks to operate.
According to the post on the National Academies website, the study will consider:
Which of the two prevailing proposed approaches to evaluating harmful interference concerns — one based on a signal-to-noise interference protection criterion and the other based on a device-by-device measurement of the GPS position error — most effectively mitigates risks of harmful interference with GPS services and DOD operations and activities.
The potential for harmful interference from the proposed Ligado network to mobile satellite services including GPS and other commercial or DOD services including the potential to affect Department of Defense (DOD) operations, and activities.
The feasibility, practicality, and effectiveness of the mitigation measures proposed in the FCC order with respect to DOD devices, operations, and activities.”
This announcement is the first significant public step for the effort which is expected to take approximately 12 to 18 months. Sources say that there will likely be public and classified versions of the report. The classified version is likely to take significantly longer to compile.
Proposed study team members
Chair: J. Michael McQuade
Members:
Jennifer Lacroix Alvarez
Kristine M. Larson
John L. Manferdelli
Preston F. Marshall
Y. Jade Morton
Richard Reaser, Jr.
Jeffrey H. Reed
Nambirajan Seshadri
Stephen J. Stafford
Staff Officer: Jon Eisenberg
Individuals and organizations wishing to comment on these proposed team members may do so through the project web page.
Vote would make mid-band spectrum available for 5G
The Keep GPS Working Coalition issued the following statement in support of an anticipated March 17 vote by U.S. Federal Communications Commission (FCC) commissioners that would make the 3.45–3.55 GHz band a contiguous block of “mid-band” spectrum, available for auction and deployment of high-speed wireless 5G networks.
“The Keep GPS Working Coalition applauds the FCC for its consideration of this matter, which holds promise as a crucial step in the race to 5G and presents an opportunity for advancement without threatening the availability and reliability of GPS. We encourage the FCC to use this as an opportunity to showcase a bipartisan commitment to moving expeditiously to make this mid-band spectrum available for auction by early October.
“The Department of Defense has also demonstrated its sustained commitment to advance the deployment of 5G services. We are grateful to the DoD for its leadership and cooperation with the FCC to make spectrum available for commercial use where it can while protecting national defense interests.
“The spectrum being considered for auction is internationally harmonized and can be used nearly everywhere in the continental United States to the benefit of the entire country, including Keep GPS Working Coalition members. Importantly, it will advance this critical priority without the risk of harmful interference to GPS currently posed by Ligado Networks, proving that 5G and GPS can coexist.”
Senate poised to join House this week and override Trump’s veto
The U. S. Congress, especially the Armed Services Committees, have long been concerned about GPS and positioning, navigation, and timing (PNT) issues. Over the last two decades Congressional hearings, demands for reports, and investigations have dealt with acquisition, contingency plans for when space is not available, deliberate interference, and a host of other issues.
While these all evidenced Congress’ interest and concern, they were relatively passive measures.
The NDAA for 2021 seems to finalize Congress’ transition from an interested observer, mostly on the sidelines, to an active player in national PNT issues and policy.
This began to change in 2018 with passage of the National Timing Resilience and Security Act. It requires the Department of Transportation to establish a terrestrial timing system to backup GPS signals.
Then in 2019, Congress appropriated money for a GPS Backup Technology Demonstration. And the National Defense Authorization Act (NDAA) for 2020 required the Air Force to develop a prototype multi-GNSS receiver as part of its resiliency efforts.
The NDAA for 2021 seems to finalize Congress’ transition from an interested observer, mostly on the sidelines, to an active player in national PNT issues and policy.
Capitol Hill observers say this is the result of several things that have come to a head over the last year. Taken together, they have convinced many legislators that GPS is under threat and PNT issues are not being taken seriously enough by the executive branch. These include increased jamming and spoofing (especially by China and Russia), full implementation of China’s BeiDou system and its marketing to other nations as a superior alternative to GPS, the Federal Communications Commission’s (FCC) decision on Ligado Networks, and the Pentagon’s failure to respond to combatant commanders’ Joint Urgent Operational Needs Statements for non-GPS PNT.
Photo: Andrea Izzotti/Shutterstock.com
Here are some of the provisions of the 2021 NDAA of interest to the PNT community.
Military Multi-GNSS Receiver Prototype
The 2018 NDAA required the Defense Department to incorporate Europe’s Galileo and Japan’s QZSS satellite navigation signals into military user equipment. The idea was to make it more resilient to disruption. Also required was an investigation into using non-allied signals.
Apparently not satisfied with progress on this project, Congress mandated a project to develop a prototype multi-GNSS receiver as part of the 2020 NDAA.
The 2021 NDAA seems to indicate the Congress is still not happy. It withholds 20% of the funding for the Office of the Secretary of the Air Force until such time as the department certifies the prototype project is underway and provides briefings to the Senate and House Armed Services Committees.
Resilient Survivable PNT
Language in the 2021 NDAA also seems to show Congress is impatient with the Pentagon’s lack of responsiveness to combatant commanders’ requests for non-GPS PNT systems.
Section 1611 of the Act is entitled “Resilient and Survivable Positioning, Navigation, and Timing Capabilities.” It requires development, integration, and deployment of these capabilities for combatant commanders within two years. This, it says, is “… consistent with the timescale applicable to joint urgent operational needs statements…”
The act says the new PNT capabilities shall “generate resilient and survivable alternative positioning, navigation, and timing signals” and “process resilient survivable data provided by signals of opportunity and on-board sensor systems.”
The act also reverses the Defense Department’s 2018 PNT Strategy’s plan for future systems to be classified and for military use only. It directs the department to work with the National Security Council, Departments of Transportation, Homeland Security and others “to enable civilian and commercial adoption of technologies and capabilities for resilient and survivable alternative positioning, navigation, and timing capabilities to complement the global positioning system.”
To help ensure prompt action on this, the act requires a report to Congress within six months and authorizes the department to reprogram funds from other areas to finance the effort.
Responding to FCC’s Decision on Ligado Networks
By far the most PNT-related text in the 2021 NDAA includes a host of measures responding to FCC Order 20-48 approving an application by Ligado Networks. An order which the executive branch is on record as strongly opposing saying it will degrade GPS service for many.
Senator Jim Inhofe, chair of the Senate Armed Services Committee, has regularly expressed outrage at the FCC’s decision and has called for its reversal.
Among its provisions the act:
Requires the Department of Defense to estimate and report to Congress the cost of damage to department systems as a result of the FCC order.
Prohibits using department funds to upgrade or modify military equipment to make it resilient to interference caused by broadcasts in the spectrum allocated (the FCC order requires this to be funded by Ligado)
Prohibits contracting with any entity using the frequency bands allocated to Ligado unless the Secretary of Defense certifies the use will not interfere with GPS services
Requires the Secretary of Defense to contract with the National Academies of Sciences, Engineering, and Medicine for an independent technical review of the FCC order.
The Keep GPS Working Coalition issued the following statement in support of the inclusion of provisions related to GPS in the William M. “Mac” Thornberry National Defense Authorization Act (NDAA) for Fiscal Year 2021. Provisions included are intended to protect GPS signals against interference, specifically against any caused by Ligado Networks.
The coalition was formed in response to a Federal Communications Commission (FCC) order allowing Ligado Networks to operate a terrestrial wireless network that the coalition says will threaten the reception of millions of GPS devices.
The coalition stated,
“The Keep GPS Working Coalition applauds this year’s NDAA, which includes important provisions addressing the potential for interference to GPS caused by the use of the L-band spectrum owned by Ligado Networks. The inclusion of these provisions signals a clear understanding by Congress that preventing GPS interference is a matter of safeguarding our national security. First and foremost, the legislation provides for a thorough, independent review of the Federal Communications Commission decision allowing Ligado to operate its planned terrestrial wireless network.
“The FCC’s Ligado order, which relies heavily on inaccurate and incomplete technical submissions by Ligado, was issued despite national and economic security concerns raised by the Department of Defense, along with the Departments of Commerce, Interior, Justice, Homeland Security, Energy and Transportation, as well as NASA, the National Science Foundation, the Coast Guard and the Federal Aviation Administration. Independent review is an important first step in ensuring that Ligado’s operations will not damage the nation’s critical GPS based infrastructure or the hundreds of millions of GPS devices used in critical activities. This review and the other NDAA provisions included will also help ensure that appropriate safeguards are in place to hold Ligado accountable for all costs to U.S. taxpayers, businesses and consumers that will result from these operations.
“We are particularly grateful to Senators Inhofe and Reed and Representatives Smith, Thornberry, Turner and Cooper for their leadership on this critical issue.”
More than 50 organizations signed a Nov. 20 letter urging the chairmen and ranking members of the House and Senate Armed Services Committees to continue their support for provisions aimed at protecting GPS from harmful interference from Ligado Networks’ planned network.
According to the Senate Armed Services Committee, “The bill protects both critical military applications and numerous civilian uses of the Global Positioning System (GPS) from potentially harmful interference, and outlines a path forward following the Federal Communications Commission’s (FCC) decision to approve Ligado Networks’ request for bandwidth for a terrestrial-based cellular network that put critical GPS signals at risk. The bill prohibits the use of DOD funds to comply with the FCC Order on Ligado until the Secretary of Defense submits an estimate of the costs associated with the resulting GPS interference, and directs the Secretary of Defense to contract with the National Academies of Science and Engineering for an independent technical review of the order to provide additional technical evaluation to review Ligado’s and DOD’s approaches to testing. The bill also prohibits the Secretary of Defense from entering into or continuing a contract with any entity engaged in commercial terrestrial operations within the frequency bands specified in the Ligado FCC order.”
The document covers a number of details regarding the Ligado Networks and the advancement of 5G.
According to the document, former NASA Administrator Daniel Goldin claims that FCC’s approval of the proposal by Ligado Networks to repurpose satellite spectrum in the L-Band for high-power terrestrial use should be upheld because it will help advance American leadership in 5G technologies.
“Winning the race to 5G — against China and other countries — is important, but Ligado’s proposed network is largely irrelevant to 5G,” the GPS Innovation Alliance said in response. “The availability of Ligado’s spectrum for terrestrial use will not contribute to the advancement of 5G but will instead undermine U.S. Global Positioning System receivers and devices that are foundational to wireless technology in general, including 5G.”
In addition, the GPS Innovation Alliance’s stated in its ex party that the use of L-Band spectrum is not critical for 5G services.
Other points mentioned in the document include that Ligado’s spectrum is not internationally harmonized, significantly diminishing its effectiveness as a 5G band, and that Ligado’s proposed network simply will not offer a 5G service. According to the GPS Innovation Alliance, Ligado merely proposes to offer limited internet of things services, primarily delivered over custom private networks to specific geographic areas for limited vehicular and utility operations. Not only is this not a 5G service offering, but similar services are already being provided by wireless service providers, the alliance added.
The letter highlights what appears to be different characterizations of the engineering information in the FCC’s record, and suggests that these contrasting statements “support a careful re-examination of the bases of the Ligado Order and a stay of the decision while that occurs.”
“GPSIA appreciates your continued interest and efforts in this proceeding, and your willingness to consider whether a stay of the Ligado order may be appropriate,” the letter states. “As the record in this proceeding makes clear, sound technical analyses were conducted on Ligado’s network by DOT — a neutral third-party U.S. government expert on GPS. Further evaluation of those analyses should prompt the Commission to set aside the Ligado order so that its understanding of the DoT ABC Report can be better aligned with the authors of the report.”
Hold on Third FCC Chairmanship. In a related report, the chairman of the Senate Armed Services Committee Sen. Jim Inhofe (R-Okla.) on July 28 placed a hold on the nomination of O’Rielly to another five-year term chairing the commission.
Inhofe said he would block O’Rielly until the nominee “publicly commits to vote to overturn the current Ligado order,” according to a report from Space News.
“Over the past few months, I have sent letters, held hearings and called countless officials to highlight what we all know to be true: the FCC’s Ligado order is flawed and will lead to significant harm to our military and the thousands of individuals and businesses that rely on GPS,” Inhofe said.
Dozens of parties cite evidence of harmful interference and vast economic harm that FCC ignored in favor of dubious 5G marketing claims
Dozens of private-sector interests will file Petitions for Reconsideration of the Federal Communications Commission’s (FCC) recent order to allow Ligado Networks to rezone its satellite spectrum holdings for terrestrial mobile use and “flip” them for a profit, according to the Washington, D.C.-based communications firm Glen Echo Group.
Petitioners will ask the FCC to reconsider its decision, which has generated widespread opposition within the administration, on Capitol Hill and from other aviation and satellite spectrum users. Petitioners include:
Airline Pilots Association
Association of Equipment Manufacturers
Aviation interests (including the Cargo Airline Association, the International Air Transport Association and Airlines for America)
Iridium Communications
Lockheed Martin
Trimble
RNT Foundation
The petitioners argue the FCC’s Order ignored or improperly disregarded the great majority of evidence, including technical analyses submitted by parties showing harmful interference, and relied instead on “easily disproven claims that Ligado will provide a so-called 5G service,” the Glen Echo Group stated in a press release.
“The L-band is not included in any internationally recognized 5G standard, the spectrum is not harmonized regionally or globally for 5G, FCC’s 5G FAST Plan does not include Ligado or L-Band spectrum nor does the company have enough contiguous spectrum,” the release stated.
Airlines for America. “Airlines for America (A4A) strongly supports a broad industry coalition that has led at least 32 U.S. Senators from both sides of the aisle to urge the FCC to stay and reconsider granting Ligado Networks’ petition to repurpose critical frequency spectrum for ‘5G’ terrestrial communications services. The FCC’s rushed order in April ignored testing protocols intended to protect critical users likely to be impacted, including aviation uses of Global Positioning Systems (GPS) for navigation, and satellite communications. Beyond industry opposition, the U.S. Department of Defense also strongly opposed the FCC’s action.
“A4A is joining other industry constituents in directly petitioning the FCC to reverse its course, the effects of which could impact the safety of the flying public and impact operations, especially harmful outcomes in the recovery period following the COVID-19 pandemic.”
Aerospace Industries Association. The association represents more than 300 companies.
“Uninterrupted access to GPS is essential not only for our industry, but also for the American people, our national security, and the strength of the U.S. economy. This access is now threatened by the FCC’s decision to grant Ligado Networks’ application, despite years of evidence and the concerns outlined by several federal agencies about potential interference. With this motion, we are banding together to urge the FCC to reconsider this decision and allow safety and data to drive their decision-making on spectrum.”
The International Air Transport Association (IATA), which represents some 290 airlines or 82% of global traffic said, “Approving Ligado’s spectrum for 5G poses a strong risk of interference with GPS signals, including the potential interruption of GPS signals at low altitudes. The FCC should reverse this decision.”
Air Line Pilots Association (ALPA). President Capt. Joe DePete said, “Throughout its report and order, the FCC uses words like ‘possible’ and ‘feasible’ when talking about whether Ligado can operate. These are not the words you would want to hear your Captain use when talking about successfully completing your flight the next time you are sitting in the cabin. Aviation requires certainty and guaranteed performance from its systems. The FCC’s hasty, arbitrary, and incorrect decision will set a disastrous precedent that will impede ongoing work on spectrum sharing. The Ligado decision must be reversed immediately.”
Aviation Spectrum Resources Inc. “In jointly filing a petition for reconsideration of the FCC’s recent decision on Ligado Networks’ proposal, ASRI joins the wider aviation community in expressing our view that the decision is based on a fundamentally flawed interpretation of the data that have been presented to the Commission. Among other deficiencies, the FCC’s decision ignores the FAA’s reservations cited by the Department of Transportation, having implications for many low-level aircraft operators including helicopters and UAVs. The FCC Order also seems to acknowledge the mounting evidence that aviation safety satellite communications will receive interference, but it relies on the completion of private negotiations to resolve these questions while giving Ligado a green light to proceed, rather than requiring specific mitigations itself. ASRI believes the FCC should revisit its decision in conjunction with aviation experts to ensure the safety of air transport, medivac and other essential aviation operators are not affected by this decision.”
Iridium Communications. CEO Matt Desch said, “The FCC’s Ligado action prioritizes economic windfalls to a few speculators over safety of life, national security and important private sector companies whose customers would be most upended by their harmful interference.”
RNT Foundation. President and Director Dana A. Goward said, “The FCC treated this like a commercial communications issue instead of a decision about safety-of-life navigation. They didn’t even consider the overall cost to the public in lost lives and property.”
In addition to private sector interests, 14 federal agencies and numerous Republican and Democratic members of Congress oppose the FCC’s decision in favor of Ligado.
The five-member FCC voted unanimously in April to approve an order to allow Ligado Networks to deploy a low-power nationwide 5G network.
“The hurried nature of the circulation and consideration of the Order itself — during a national crisis, no less — was not conducive to addressing the many technical concerns raised by affected stakeholders,” wrote the senators.
The senators continued,
“With this specific docket item pending before the FCC for almost 10 years, we are concerned with the pace by the Commission to push through an Order first announced on April 16, the approval for which was declared two business days later. We believe this accelerated timeline was not adequate to address the significant stakeholder concerns for an Order of this magnitude….”
“We are concerned that the FCC has discounted testing and assessments conducted by nine federal agencies in the Interdepartment Radio Advisory Committee process — all expressing concerns that the Ligado plan would interfere with millions of GPS receivers and satellite services across the nation. Further, the FCC did not provide a technical forum to resolve the significant disconnects between this testing and Ligado’s privately funded testing…”
“For these reasons, we urge the Federal Communications Commission to immediately stay and reconsider their Order on this matter, more fully consider the technical concerns raised by numerous federal agencies and private sector stakeholders, and outline a path forward that adequately addresses these concerns.”
A Resilient PNT Foundation editorial on the organization’s website says the main problem seems to be misunderstanding about the differences between radionavigation and communication.
“We share the concerns with the FCC’s actions that are outlined in this letter:
After ten years of deliberations a draft order was processed to a final decision within a couple days during a national crisis
The FCC discounted the testing done by the executive branch and did not say why
No technical forum was held to resolve the differences between Ligado’s and DoD/DoT’s testing
There was no public discussion of these differences and how they might be resolved
“Undoubtedly, a lot of the differences between the FCC and the Executive Branch on this issue boil down to a lack of appreciation of the fundamental differences between wireless communication and radionavigation.” The Resilient PNT Foundation website provides a table outlining the differences.
“When two parties start from completely different places, they are likely to talk past each other and end up in completely different places.
“We think the Federal Communications Commission might not have fully appreciated the needs of radionavigation as a safety-of-life utility and wound up in the wrong place.
“But that’s just us. A lot of folks think differently.
“That’s why we are urging an independent technical review, with both communications and radionavigation experts, to inform public policy decisions on this before anything moves forward.
“This is too important to get wrong.”
Feature photos: Capitol building with flag/Andrea Izzotti/Shutterstock.com Capitol building at night/Brian Kinney/Shutterstock.com
Ligado Networks has sued the U.S. federal government for $39 billion, alleging officials at the U.S. Department of Defense (DoD) misappropriated Ligado’s exclusively licensed L-band spectrum to support secret DoD systems without permission or compensation. 
