U.S. Federal Communications Commission (FCC) Chairman Ajit V. Pai has responded to a congressional letter expressing objections to the April 20 FCC decision to allow Ligado to establish a broadband network.
In a May 27 email sent to GPS World, the FCC wrote, “Given your interest in the Ligado order that the Commission adopted unanimously last month, we wanted to share with you the text of the letter Chairman Pai recently sent to members of Congress on this topic.”
The five-member FCC voted unanimously in April to approve an order to allow Ligado Networks to deploy a low-power nationwide 5G network. Experts and policy makers have said the broadband network could — or likely would — interfere with reception of GPS signals.
On May 7, a bipartisan group of 23 members of the House Armed Services Committee (HASC) sent a letter to the FCC questioning the decision, and this is the letter the FCC is now responding to.
The letter from Committee Chairman Adam Smith (D-Wash.) and Ranking Member Mac Thornberry (R-Texas) says the FCC order did not comply with Section 1698 of the National Defense Authorization Act for Fiscal Year 2017. That act prevents the commission from approving commercial terrestrial operations in certain portions of the L-band spectrum until 90 days after the commission resolves concerns of harmful interference to GPS devices.
The Senate Armed Services Committee held a hearing on the topic on May 6 with Department of Defense officials, and on May 15, 32 senators asked the FCC to address their concerns and stay the Ligado approval order while doing so.
“GPS has no right to operate in the spectrum in question, so there is nothing for Ligado to share.” — FCC Chairman Pai
The letter insists that GPS will remain protected. “Although your letter references the shared use of spectrum, the Commission’s L-band decision does not authorize any spectrum sharing between Ligado and GPS. In fact, spectrum in this band has been licensed to Ligado and predecessor companies for over 30 years — with those companies authorized to deploy terrestrially since 2004. And as mentioned above, one of the FCC’s conditions require separation of Ligado’s operations from GPS spectrum by means of a 23-megahertz guard band. Thus, any implication that the Commission has authorized Ligado to “share” spectrum that is currently allocated to GPS is incorrect. GPS has no right to operate in the spectrum in question, so there is nothing for Ligado to share.”
Download the full letter to Rep. Smith here. Download HASC letter to the FCC here.
The email to GPS World included the following statement: “The FCC is required by law to make its decision based on the facts in the record, and federal agencies, including the Department of Defense, were provided with multiple opportunities to put whatever facts they believed to be relevant into the record, including classified information, which the Commission has a process in place to protect.
“The Commission based its decision on all of the information in the record. Moreover, we are not aware of the FCC refusing any request by the Department of Defense to provide a briefing related to this matter.
“To the extent any federal agency opposed to the Ligado application chose not to share information with the Commission, that was the agency’s decision and suggests that it did not believe that the information in question would bolster its case.”
The five-member Federal Communications Commission (FCC) voted unanimously to approve an order to allow Ligado Networks to deploy a low-power nationwide 5G network.
The approval comes despite objections from the U.S. Defense Department (DOD), other federal agencies and major U.S. airlines, all of whom are concerned about near-band interference with GPS.
The FCC said the approval order included stringent conditions aimed at ensuring GPS would not experience harmful interference.
“After many years of consideration, it is time for the FCC to make a decision and bring this proceeding to a close,” said FCC Chairman Ajit Pai in an April 16 news release. “We have compiled an extensive record, which confirms that it is in the public interest to grant Ligado’s application while imposing stringent conditions to prevent harmful interference.”
Ligado is seeking to repurpose a swath of L-band spectrum for a 5G network focused mainly on connecting smart devices and other internet-of-things services. According to the FCC, the order will “promote more efficient and effective use of our nation’s spectrum resources and ensure that adjacent band operations, including the Global Positioning System (GPS), are protected from harmful interference.”
In response, members of both the Senate and House Armed Services Committees and other defense advocates are considering legislative action to overturn the order.
Two areas that rely heavily on the integrity of GPS signals include defense and transportation. The DOD issued a joint statement with the Department of Transportation (DOT) criticizing the FCC ruling.
“Americans rely on our Global Positioning System (GPS) each day for many things: to locate citizens in need of emergency assistance through our E-911 system, to secure our financial system, to order and receive shipments, to travel by car for work and leisure, to facilitate commercial trucking and construction work, and even to make a simple cellphone call. Our departments rely on GPS each day for all those reasons as well to coordinate tactical national security operations, launch spacecraft, track threats, and facilitate travel by air and sea. The proposed Ligado decision by the Federal Communications Commission will put all these uses of GPS at risk.”
House Armed Services Committee Chairman Adam Smith (D-Wash.) released a letter he sent to Defense Secretary Mark Esper and FCC Chairman Ajit Pai raising concerns about Ligado’s 5G network.
“While the United States must be a leader in the implementation of 5G networks, our creation of these networks must not hamper our military’s operational capacity in any way. China’s aggressive, global promotion of its 5G companies presents a considerable security challenge that must be addressed. However, Ligado’s proposal, which seeks a portion of spectrum adjacent to that used for Global Positioning Systems, poses an even larger security risk.
“The Department of Defense has been clear and direct: providing this license to Ligado would cause unacceptable operational impacts and adversely affect the military’s use of GPS. The military’s seamless use of GPS is vital to our national security. Our service members rely on GPS satellites for critical precision timing and navigation, and thousands of weapons systems are embedded with GPS signals.
“While I strongly support development of the world’s most robust, safe and secure network, using L-band spectrum in such close proximity to critical GPS, as Ligado’s proposal requires, carries an unacceptable risk that far outweighs the possibility of a 5G network.”
‘Risk of crippling’ GPS
Defense Secretary Mark Esper said via Twitter on Friday that the “Ligado proposal would needlessly imperil GPS-dependent national security capabilities. The Department continues to support domestic 5G options, but not at the risk of crippling our GPS networks. Nearly a dozen other federal agencies have joined us in opposing this proposal.”
“Although I appreciate the concerns that have been raised by certain Executive Branch agencies, it is the Commission’s duty to make an independent determination based on sound engineering. And based on the painstaking technical analysis done by our expert staff, I am convinced that the conditions outlined in this draft order would permit Ligado to move forward without causing harmful interference. For example, the draft order would authorize downlink operations at a power level that represents a greater than 99% reduction from what Ligado proposed in its 2015 application.”
Image: A-Digit/DigitalVision Vectors/Getty Images
The release also provided this background about the Ligado proposal, and the “conditions” under which the FCC decided to approve it.
In recent years, Ligado has amended its application to significantly reduce the power levels of its base stations from 32 dBW to 9.8 dBW (a reduction of 99.3%). Ligado has also committed to providing a significant (23 megahertz) guard-band using its own licensed spectrum to further separate its terrestrial base station transmissions from neighboring operations in the Radionavigation-Satellite Service allocation. As such, Ligado is now only seeking terrestrial use of the 1526-1536 MHz, 1627.5-1637.5 MHz, and 1646.5-1656.5 MHz bands. The Order is conditioned to reflect these technical requirements. It also requires Ligado to protect adjacent band incumbents by reporting its base station locations and technical operating parameters to potentially affected government and industry stakeholders prior to commencing operations, continuously monitoring the transmit power of its base station sites, and complying with procedures and actions for responding to credible reports of interference, including rapid shutdown of operations where warranted.
However, The decision “appears to ignore the well-documented views of the expert agencies charged with preserving the integrity of GPS, specifically on the critical issue of what constitutes harmful interference to users of Global Navigation Satellite Systems (GNSS),” said J. David Grossman, executive director of the GPS Innovation Alliance (GPSIA). He continued,
J. David Grossman
“GPSIA has consistently advocated for adoption of the 1-dB Standard as the only reliable mechanism that provides the predictability and certainty to ensure the continuation of the GPS success story, with the support of the Department of Defense, the Department of Transportation and numerous other federal agencies. The 1-dB Standard for radiofrequency-based services is critical for GNSS. The FCC’s press release refers to conditions placed on Ligado’s application to prevent harmful interference, and GPSIA and its members intend to carefully review the details of today’s order while continuing to vigorously advocate for promoting, protecting and enhancing GPS.”
Ligado Networks President and CEO Doug Smith issued this statement in reaction to the approval.
“Ligado thanks the Commissioners for moving promptly to approve the order regarding our applications. We greatly appreciate their unanimous support as well as the expert engineering analysis determining that a terrestrial network can be deployed in the L-band to advance our country’s economic and security interests while fully protecting GPS. Our spectrum can be very instrumental in the transition to 5G, and we look forward to utilizing satellite and terrestrial services to deploy customized private networks and deliver innovative, next-generation IoT solutions for the industrial sector.”
Positive reactions to the decision
On April 20, the FCC released a compilation of responses to the decision, all of them in support.
Attorney General Bill Barr: “I applaud FCC Chairman Pai’s proposal to make available L-band spectrum, to be used together with C-band spectrum, for deployment of advanced wireless services, including 5G. As I said in my speech at the Center for Strategic and International Studies, swift FCC action on spectrum is imperative to allow for the deployment of 5G. This is essential if we are to keep our economic and technological leadership and avoid forfeiting it to Communist China.” (Statement, 4/16/2020)
Secretary of State Mike Pompeo: “I commend Federal Communications Commission (FCC) Chairman Pai’s draft order that would release the L-Band spectrum. Quick action on this order, in conjunction with the allocation of a portion of the C-Band for 5G, is vital to our national security and will help ensure that the United States is the global leader in advanced technologies such as AI, the Internet of Things, edge computing, and the next generation of telemedicine. Accelerating the deployment of 5G is essential to our country’s growth, and global economic security.” (Statement, 4/16/2020)
Sen. Ron Johnson (WI): “In a time when connectivity is and will continue to be more important than ever, it’s great to see @AjitPaiFCC move forward with freeing up critical spectrum resources for #5G.” (Tweet, 4/16/2020)
Sen. Mark Warner (VA): “As the U.S. works to lead the world in 5G innovation and promote wider high-speed internet coverage, it’s all the more important to put our valuable mid-band spectrum to use. I urge the @FCC to follow the Chairman’s lead and approve Virginia-based @LigadoInsights’s application.” (Tweet, 4/16/2020)
Rep. Billy Long (MO): “I applaud @AjitPaiFCC and the @FCC for taking action to unlock vital L-band spectrum that has been held hostage by bureaucratic slow-walking for far too long. Jobs and 5G is a win-win for the country.” (Tweet, 4/16/2020)
Rep. Doris Matsui (CA): “I called on the @FCC to move forward with new, innovative uses of L-band spectrum to advance 5G. Glad to see the Commission take action on this front today to encourage efficient use of our spectrum.” (Tweet, 4/16/2020)
Former Rep. Bob Barr (GA): “Federal Communications Commission Chairman Ajit Pai’s decision to circulate a draft FCC Order would at long last move forward the process of opening up a segment of mid-band satellite spectrum for commercial use in 5G technology deserves praise. … If adopted by the five-member Commission headed by Pai, the draft Order would tangibly signal to the country and the world that the United States is committed to seize the leadership in deployment of 5G technology, a role China openly covets.” (Statement, 4/16/2020)
American Action Forum: “More good news from the FCC! 5G is incredibly important and this is yet another example of actions that will enable innovation in 5G and support the growing number of connected devices.” (Tweet, 4/16/2020)
American Enterprise Institute Visiting Scholar Mark Jamison: “@FCC approval of Ligado petition should accelerate 5G, bring diversity to marketplace, and increase efficient spectrum use. … Good leadership and bipartisan effort!” (Tweet, 4/20/20)
American Enterprise Institute Visiting Scholar Roslyn Layton: “Kudos @AjitPaiFCC for unlocking more vital mid-band spectrum for #5G. Record of 10 years shows @LigadoNetworks took many steps with agencies and firms to address potential issues with GPS. We must move quickly on 5G!” (Tweet, 4/16/2020)
Citizens Against Government Waste: “The FCC has the engineering expertise to determine the best use of this spectrum and whether alternative uses would cause undue interference. The adoption of the Chairman’s draft order will promote 5G and IoT development, while providing the necessary safeguards for services using adjacent bands, including GPS positioning. … The L-band would not be used at all for the foreseeable future unless the FCC takes action. Freeing up the spectrum requested by Ligado will not only expand the use of 5G, it will also help to prevent other countries, particularly China, from getting ahead of the U.S. in 5G deployment.” (Blog, 4/17/2020)
Competitive Carriers Association: “[We] commend Chairman Pai for circulating a draft order to approve Ligado’s applications, which will make much-needed mid-band spectrum, specifically L-band spectrum, available for terrestrial use. This long-awaited, positive progress comes at a critical time for all Americans, particularly those in rural areas, who are relying on mobile connections and services more than ever before. Mid-band spectrum provides real opportunities for deploying next-generation technologies, and competitive carriers are eager to access this valuable resource to expand and enhance their networks.” (Statement, 4/16/20)
Competitive Enterprise Institute: “Access to spectrum is crucial for our modern economy, connecting everything from radios, to cellphones, to satellites. But for too long, turf-wars between federal regulatory agencies have left spectrum bands largely unavailable for valuable commercial applications. Today’s FCC decision wrests spectrum away from bureaucratic waste and delivers it into the hands of people who will aide our economic recovery and resiliency in the aftermath of the COVID-19 pandemic.” (Statement, 4/16/2020)
CTIA—The Wireless Association: “We’re pleased to see that the FCC has managed to cut through the red tape to make a decision on Ligado. This multi-year process reveals the challenges at play in our nation’s spectrum policy and the need for stronger support for new commercial wireless services. We need to all learn lessons from this process and ensure that decisions on key spectrum bands like lower 3 GHz occur in a more expedited and collaborative manner.” (Statement, 4/16/2020)
FreedomWorks: “Freeing up broadband spectrum will make America a global technological leader and will lead to innovations and developments that will improve quality of life across the country. Chairman Pai and the FCC should be applauded for their work resolving these matters[.]” (Blog, 4/15/2020)
Free State Foundation: “Chairman @AjitPaiFCC has made a commendable decision to act on @LigadoNetworks’ proposal to put L-band spectrum into use for next-gen wireless services. This move takes seriously the @FCC’s responsibility and the urgent need for more commercial spectrum.” (Tweet, 4/16/2020)
Georgetown Law Institute for Technology Law & Policy Distinguished Fellow Gigi Sohn: “This decision was a long time coming, but it’s the right one. … Kudos to @AjitPaiFCC for having the fortitude to move this forward.” (Tweet, 4/16/2020)
Information Technology & Innovation Foundation: “Great to see @FCC taking steps to finally approve @LigadoNetworks waiver for terrestrial use of their spectrum. This will be a boon to industrial IoT connectivity, bringing more productivity, safety, and resiliency for users of the network.” (Tweet, 4/16/2020)
International Center for Law & Economics: “Promoting deployment of 5G & next-gen IoT devices means finding new ways for incumbents to responsibly operate in ever-closer proximity. The @FCC’s Ligado order does that. Credit to @AjitPaiFCC for finding a way fwd that promotes innovation while limiting the risk of interference.” (Tweet, 4/16/2020)
Lincoln Network: “Access to spectrum is an essential feature in any working 5G plan. Frankly, one key barrier in opening up this vital resource is government’s stronghold on ‘beachfront’ spectrum whether they own it or not. … This proceeding has been in regulatory limbo for several years due in large part to government stakeholders’ speculative interference claims regarding GPS-applications. … The FCC’s draft order in this proceeding provides enough protection for incumbents in adjacent bands, adds more competition into the 5G-IoT space, and allows consumers to have more access to broadband. Everybody wins.” (Blog, 4/16/2020)
Mercatus Center Senior Fellow Brent Skorup: “Too often new tech is stalled by FCC regulation and incumbents. Chairman Pai pledged to breathe new life into Sec. 7. It’s great to see Chairman Pai and the FCC act on that pledge, liberalize spectrum, and expedite the deployment of new wireless services.” (Tweet, 4/16/2020)
National Security Institute: “Big move by @FCC Chairman @AjitPaiFCC today to support US 5G availability. This is a key nat sec issue w/ threat posed by China + econ benefits of broad 5G deployment in US.” (Tweet, 4/16/2020)
New America Foundation’s Open Technology Institute: “Kudos to @AjitPaiFCC @FCC for again standing up to Fed agencies trying to hoard spectrum they are not using – or, in this case, which is licensed to @LigadoNetworks! A big plus for #5G wireless ecosystem if it’s built out.” (Tweet, 4/16/2020)
R Street Institute: “If you can change your business model to be more productive and profitable, without hurting anyone else, then regulations shouldn’t stand in your way. Well done, @FCC!” (Tweet, 4/16/2020)
Progressive Policy Institute: “We applaud the FCC’s ongoing efforts to accelerate the deployment of 5G. Repurposing this commercial spectrum for a mobile broadband network is another step in the right direction.” (Tweet, 4/16/2020)
Public Knowledge: “The Chairman’s proposed Order reveals how the FCC has worked to both protect incumbent GPS users while allowing for pro-competitive commercial licensing of spectrum. … Congress has entrusted the FCC to strike the proper balance between the needs of incumbents and the potential benefits to new entrants or new users, and here, the FCC gets it right. In approving Ligado’s license, the FCC has taken an important step forward in its role as the sole arbiter of spectrum disputes and, in this instance, has correctly sided on behalf of the public interest to help deliver the potential of 5G to more Americans.” (Statement, 4/16/2020)
Technology Policy Institute: “Allowing the Ligado spectrum to lie fallow would represent a waste of valuable resources that could provide substantial benefits for consumers in the form of new Internet of Things and other uses. … Failure to approve the Ligado license modifications would have the opposite effect, transferring a large block of spectrum from the commercial sector back to the government. The Commission’s action today will avoid that outcome.” (Statement, 4/16/2020)
Wireless Infrastructure Association: “WIA applauds Chairman Pai for circulating a draft order to approve Ligado’s plans to deploy a nationwide network that would primarily support 5G and IoT services. After years of diligence, study, and discussion, today’s action is further evidence that the FCC bases its decisions on science and engineering. Freeing up more spectrum, especially mid-band spectrum, is vital to 5G deployment. Ligado’s proposal offers an enormous opportunity for infrastructure investment, deployment, and connectivity for Americans across the country right when we need it most.” (Statement, 4/16/2020)
In a 50-page report to the U.S. Senate Armed Services Committee, the government’s General Accounting Office (GAO) finds that U.S. weapons systems are, almost across the board, highly vulnerable to cyber-attack. Furthermore, the Department of Defense (DoD) has gotten off to “a late start” in prioritizing cybersecurity, and has only “a nascent understanding” of how to develop more protected weapons systems. The October 2018 report, “Weapons Systems Cybersecurity,” is subtitled “DoD Just Beginning to Grapple with Scale of Vulnerabilities.”
[Image above: Figure 2 from the GAO report: Embedded Software and Information Technology Systems Are Pervasive in Weapon Systems, represented via Fictitious Weapon System for Classification Reasons). Source: GAO analysis of Department of Defense information, GAO-19-128.]
GPS can figure to be among these threatened systems, and GPS guidance aboard many munitions and almost all platforms vastly expands the danger. The satnav system is not mentioned by name in the report (“To present information in an unclassified format, we do not disclose details regarding weapon system vulnerabilities, which program offices we interviewed, or which cybersecurity assessments we reviewed.”), and the word navigation surfaces only once, but it’s an alarming appearance:
“Weapon systems are dependent on external systems, such as positioning and navigation systems and command and control systems in order to carry out their missions—and their missions can be compromised by attacks on those other systems. A successful attack on one of the systems the weapon depends on can potentially limit the weapon’s effectiveness, prevent it from achieving its mission, or even cause physical damage and loss of life.”
The latter scenario could occur if a GPS-guided armament were hacked and rerouted to a civilian target, for example.
The GAO states that it warned as far back as 2015, and in repeated instances since that date, that federal and contractor systems face an evolving array of cyber-based threats, including criminals, hackers, adversarial nations, and terrorists. “Threats can range from relatively unskilled “script kiddies” who only use existing computer scripts or code to hack into computers, to well-resourced and highly skilled advanced threats who not only have sophisticated hacking skills, but also normally gather detailed knowledge of the systems they attack.”
Networks, Computers Increase Vulnerabilty
The increasingly computerized and networked nature of the U.S. military’s weapons contributes to their vulnerability. As weapon systems become more software- and IT-dependent and more networked, they actually become more vulnerable to cyber-invasion. Networks can be used as a pathway from one accessed weapon to attack other systems.
“Nevertheless,” the report adds, “until recently, DOD did not prioritize cybersecurity in weapon systems acquisitions. . . . DOD is in the early stage of trying to understand how to apply cybersecurity to weapon systems.”
As the GPS constellation — the satellites themselves as well as the ground control system — become more software-reliant, including the ability to modify signals by remote software command, this has to be a growing concern for the U.S. Air Force. Difficulties with cyber-proofing the next-generation ground control system, OCX, have been suspected as a leading cause of extended delivery delay in that program.
DoD officials reportedly confided that it will take time — and possibly some missteps — to learn what does and does not work in combatting cyber-attacks on weapon systems.
Separately, a UK defense expert consultant stated that Russia had “stolen a march on using cyber-capabilities at a tactical level on the battlefield.” As reported last year in GPS World, Black Sea spoofing incidents aroused suspicion that Russia was testing a new counter-combat technique.
Another spoofing expert said at the time, “It’s long been assumed that Russia, China and other nations (including the U.S.) have the technology to carry out a spoofing attack. What’s surprising is Russia’s willingness to use it openly and somewhat indiscriminately. It does fit nicely into what has been called Russian disinformation technology.”
Figure 3 from the GAO report: Weapons Include Numerous Interfaces That Can Be Used as Pathways to Access the System (Represented via Fictitious Weapon System for Classification Reasons) Source: GAO analysis of Department of Defense information, GAO-19-128.
The amount of software embedded in weapon systems and subsystems has increased exponentially, expanding the respective weapons’ vulnerable surfaces. According to the military’s Director of Operational Test and Evaluation, “any exchange of information is a potential access point for an adversary. Even “air gapped” systems that do not directly connect to the Internet for security reasons could potentially be accessed by other means, such as USB devices and compact discs. Weapon systems have a wide variety of interfaces, some of which are not obvious, that could be used as pathways for adversaries to access the systems, as is shown in Figure 3.”
If attackers can access one of those systems, they may be able to reach any of the others through connecting networks.
Figure 4 from the GAO report: Weapon Systems Are Connected to Networks That May Connect to Many Other Systems (Notional Depiction for Classification Reasons)
Further, the DOT&E found that some networks were not survivable — that is, able to maintain critical capabilities under applicable threat — in a cyber-contested environment. The Defense Science Board concluded in 2013 that “the adversary is in our networks.”
The GAO adds that it and other organizations have been sounding off about such threats since the early 1990s — around the time that GPS itself became operational.
Tests of major military programs conducted between 2012 and 2017 revealed mission-critical cyber vulnerabilities that adversaries could compromise. “Test teams were able to gain unauthorized access and take full or partial control of these weapon systems in a short amount of time using relatively simple tools and techniques. . . . Once they gained initial access, test teams were often able to move throughout a system, escalating their privileges until they had taken full or partial control of a system.”
Figure 5: Vulnerabilities that the Department of Defense Is Aware of Likely Represent a Small Amount of Actual Vulnerabilities Due to Limitations in Cybersecurity Testing. Source: GAO analysis of Department of Defense information, GAO-19-128.
Beginning Steps
The Department of Defense is “still learning” how to address weapon system security and “still determining” what steps it may take. Implementation, once identified, will surely occupy an extended period. Complicating the picture, if DOD is able to make its newer systems more secure, yet connects them to older, vulnerable systems, the newer systems come into jeopardy.
Pass the Hash
A report appendix lists several different types of attacks with such pictorial names as: Man-in-the middle, Pass-the-hash, War driving, and Zero day exploit.
Respectively, these types of attacks connote:
• An eavesdropping attack in which the attacker intercepts to read or modify data communications to masquerade as one or more of the entities involved.
• Capturing an encrypted version of a username and password in order to authenticate to a server or service. The attacker does not have to decrypt the username and password (i.e., they do not actually know what they are), yet can still use them to log in to a system.
• Driving through cities and neighborhoods with a wireless-equipped computer — sometimes with a powerful antenna — searching for wireless networks potentially to exploit.
• Taking advantage of a security vulnerability previously unknown to the general public. In many cases, the exploit code is written by the same person who discovered the vulnerability. By writing an exploit for the previously unknown vulnerability, the attacker creates a potent threat since the compressed timeframe between public discoveries of both makes it difficult to defend against.
