In letters sent today to the White House and U.S. Congress, more than 90 organizations representing a broad range of industries urged President Biden and members of Congress to set aside the Ligado Order approved during the previous administration.
The industries urged the president and lawmakers to work with the Federal Communications Commission (FCC) to “stay and ultimately set aside the Ligado Order,” saying that it “poses significant threats to the reliability of GPS for millions of Americans.”
“The risk to American lives and to the American economy are simply too great,” the group wrote in the letters.
“A year ago today, the FCC made the dangerous and misguided decision to allow Ligado Networks to operate a terrestrial network on frequencies adjacent to GPS despite threats to GPS reliability and the concerns of Congress and virtually all federal agencies that rely on GPS to protect our national and economic security,” said Dale Leibach, spokesman for the Keep GPS Working Coalition.
“We are hopeful that under the new administration, something can be done to stop Ligado from proceeding with its plan and we are extremely thankful to the many members of Congress and government officials who have rightly pointed to the very harmful impact this decision will have on countless consumers, farmers, ranchers, pilots, boat owners, surveyors, engineers and construction companies if it is not reversed,” Leibach said.
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.”
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.”
Several agriculture groups have been added to the Keep GPS Working Coalition, which was launched in June to protect GPS users from harmful interference resulting from the Federal Communications Commission’s (FCC) decision to permit Ligado Networks to operate a terrestrial wireless network in the band adjacent to GPS.
The new members from the agriculture sector join the Association of Equipment Manufacturers, American Farm Bureau Federation, American Road & Transportation Builders Association, Aircraft Owners & Pilots Association and Boat Owners Association of The United States in urging the reversal of the FCC’s Ligado order.
“The FCC’s decision represents a sweeping governmental and regulatory assault on farmers who are already facing unprecedented challenges including severe weather, low commodity prices and supply chain vulnerability as a result of COVID-19,” said Dale Leibach, spokesperson for the Keep GPS Working Coalition. “The order must be stopped. The FCC’s decision must be reversed.”
According to the coalition, farmers are increasingly relying on precision agriculture applications that deliver centimeter-level accuracy that enables farmers to maximize crop yields while lowering costs and environmental impact. Precision farming also reduces costs for consumers, delivers economic benefits for rural economies and enables the efficient production of the foods required to meet a growing global demand for food, fiber and fuel, the coalition added.
“Ag retailers often fill a role as trusted advisor to their farmer customers, suggesting new and emergent technologies in the precision ag space,” said Daren Coppock, president and CEO of the Agricultural Retailers Association. “Without the GPS location services needed for proper planning and implementation of these resources, farmers may not have the tools they need to increase crop yields, lower input loads and decrease inefficacies. ARA stands behind the coalition’s work to protect GPS as a valuable resource to farmers.”
Agriculture industry leaders and a member of the House Committee on Agriculture will participate in a conversation discussing how the FCC’s decision to allow Ligado Networks to operate a terrestrial wireless network will threaten the reliability of GPS receivers used in precision agriculture at 11 a.m. EDT on Oct. 1. Details can be found here.
Last week, 27 members of the U.S. House Agriculture Committee sent a letter to Federal Communications Commission (FCC) Chairman Ajit Pai. In it, they urged him to reconsider the FCC’s decision to allow Ligado Networks to operate a terrestrial nationwide network that the executive branch says will cause harmful interference to GPS signals for many users.
This concern and opposition from a sector not traditionally engaged in GPS or positioning, navigation and timing (PNT) issues is just one example of how the FCC’s decision — rather than putting the issue to rest — has instead recruited a whole new set of actors from across multiple sectors for the opposition.
Many observers don’t see this as surprising.
According to one observer, previously it was easy for many to assume the FCC would reject Ligado’s proposal. The entire executive branch had been vehemently opposed for years. So had aviation groups, the weather community, geospatial interests and some satellite communications concerns. With such opposition from so many important quarters, it was reasonable for many to assume they need not become involved. Now that the FCC has acted to the contrary, these interests have become well energized.
The FCC decision also empowered opponents to educate and recruit others who don’t normally think or worry about GPS and PNT issues, folks like farmers and agricultural interests.
As one insider said, “The existing opposition can now go to just about anyone in any sector and say, ‘This is going to happen and it will harm your operation. There are no ifs, ands, or buts. The FCC has decided’.”
Photo: Avalon_Studio/E+/Getty Images
Agriculture’s reliance on GPS
Agriculture is a good example. While not the sector that first springs to mind when most people think about GPS, farming has become dependent on augmented GPS for precisely and automatically driving machinery, minimizing fertilizer and pesticide use, and a wide variety of other productivity gains over pre-GPS operations.
“GPS is critically important to the commercial agriculture, mining, forestry and rural manufacturing industries. In fact, GPS has become the single most significant technological advancement for American farm equipment in the past two decades… [A 2019 RTI study] found that during planting season, if GPS were interrupted, the economic impact to the agriculture sector could amount to losses of $15 billion due to lower crop yields. Moreover, an earlier study suggested GPS-enabled precision agriculture could save farmers an estimated 10 to 15 percent in operating costs and purchased inputs. This same study estimated the benefits of GPS to precision agriculture between $10 and $17 billion.”
Department of Transportation studies have shown that high-precision GPS receivers, such as those used in agriculture, could be impacted within 3,000 meters of a Ligado transmitters. With tens of thousands of transmitters deployed in a nationwide network, this could pose a real problem for American farming.
Other sectors have also become involved in the opposition. The recently formed Keep GPS Working Coalition has members representing aviation, surface transportation, maritime, agriculture and equipment manufacturing.
This formal and public coalition, though, seems to be just the tip of the opposition iceberg.
Almost 100 dissenting organizations
According to some involved with protesting the FCC’s decision, there are nearly a hundred organizations and companies that are working in some way to have it overturned. These include multiple aviation, delivery service, agriculture, surface transportation, geospatial, weather, maritime, space and technology interests.
One sign of the influence they are having is an increase in concerns being expressed by members of Congress.
In addition to the agriculture letter, some of the most powerful recent examples are statements made during meetings of the influential House Committee on Appropriations. Rep. Ken Calvert (R-CA), ranking member of the Defense Appropriations subcommittee, spoke at length in opposition to the FCC’s action. His comments were followed in a similar vein by the vice chair of the Appropriations Committee, Rep. Peter Aguilar (D-CA).
Many of the questions being asked by the public and members of Congress alike were reflected in the letter from the Agriculture Committee members:
How did the FCC know that “its” tests were representative and valid?
Why does the FCC find that some degradation of GPS reception is acceptable?
Why did the FCC reject the executive branch’s testing criteria?
Was there a cost/benefit analysis?
The letter also asked the question that is on almost everyone’s mind: If and when there are problems, who is going to fix them?
At first it was a flurry of letters and public statements from U.S. senators and members of the house. Then there was a senate hearing on the topic, and the issue was discussed in several other hearings.
The Federal Communications Commission’s (FCC) approval of a long-standing request by Ligado Networks continues to be controversial. The request was to make terrestrial broadcasts on a frequency near that used by GPS. Broadcasts which, according to analyses by the departments of Defense and Transportation, will interfere with GPS reception for many users.
Now it looks as though Congress is ready to move beyond talk and enact one or more pieces of legislation. These would require an independent technical review of the FCC’s decision and place limits on the ability of Ligado Networks to use the license it was granted.
Congressional interest has been fueled both by member concerns and a regular drumbeat of input from constituents. The recently formed Keep GPS Working Coalition is just one example. It was created from a larger group of more than 70 companies and organizations across a broad swath of industries that has gone on record against the decision and has been supporting congressional action.
National Defense Authorization Act
A primary vehicle for congressional action looks to be the National Defense Authorization Act (NDAA) for 2021. Unlike other “annual” legislation that often gets sidetracked or delayed during election years, Congress has passed an NDAA for each of the past 59 years. As such, it is a particularly powerful tool.
This is doubly so in this case, as the member of Congress that has been the most outspoken critic of the FCC’s decision is Senator Jim Inhofe (R-OK). He chairs the Senate Armed Services Committee that has direct responsibility for the NDAA.
Responding to conflicting claims about the findings of government and private tests, the bill requires the Defense department to contract with the National Academies of Science, Engineering and Medicine for an independent technical review.
Evaluating Potential Impact on GPS
Among other things, the review will compare the different methods of evaluating the potential impact on GPS services from Ligado’s transmissions, and determine which of those was the most effective in guarding against any harm.
The bill also prohibits the Defense Secretary from spending any money to comply with the FCC’s order until the Congress has been given an estimate of the total cost to the department of coping with Ligado’s transmissions.
While the FCC order requires Ligado to modify or replace any government receivers impacted by its operations, the Defense department and others have said this is only a small fraction of the overall costs they would incur.
The bill requires the Defense Department estimate to consider a much larger scope of costs including:
To upgrade, repair, or replace potentially affected receivers
To modify, repair, or replace equipment, pares, associated ancillary equipment, software, facilities, operating manuals, training, or compliance with regulations, including with regard to the underlying platform or system in which a capability of the Global Positioning System is embedded; and,
For personnel of the department to engineer, validate, and verify that any required remediation provides the Department with the same operational capability for the affected system prior to terrestrial operation in the 1525 to 1559 megahertz or 1626.5 to 1660.5 megahertz bands of electromagnetic spectrum.
The House version of the NDAA also provides that:
“The Secretary of Defense may not enter into a contract, or extend or renew a contract, with an entity that engages in commercial terrestrial operations using the 1525–1559 megahertz band or the 1626.5–1660.5 megahertz band unless the Secretary has certified to the congressional defense committees that such operations do not cause harmful interference to a Global Positioning System device of the Department of Defense.”
RETAIN GPS and Satellite Communications Act
Senator Inhofe has also announced he will introduce stand-alone legislation when Congress returns from summer recess. His “Recognizing and Ensuring Taxpayer Access to Infrastructure Necessary for GPS and Satellite Communications Act,” or “RETAIN GPS and Satellite Communications Act,” would require Ligado to modify or replace any receiver, including those used by private citizens, that would be impacted by Ligado’s operations.
This modification would be required before the FCC’s order allowing them to transmit could come into force. Most observers opine that the number of impacted civil receivers in the U.S. is so great that this would effectively deny Ligado use of the frequency.
Introduction of the RETAIN GPS and Satellite Communications Act was planned for before the summer recess. Its delay until after was likely to provide more time to recruit co-sponsors.
GPS Interference a ‘Niche’ Issue
One observer commented that “GPS and the FCC Ligado order are really niche issues. As time goes on, more and more members of Congress will hear about it from constituents and be appalled.”
The delay will also allow time for the mammoth NDAA bill to clear Congress. RETAIN GPS would then have more chance for the spotlight.
Many industry observers have opined that regardless of congressional action, Ligado will struggle to find a successful 5G or other business model that will generate a significant revenue stream from the spectrum.
As public concern continues to grow and Congress responds with legislation, it may turn out that Ligado finally won the battle at the FCC but ended up losing the war.
Coalition’s first action is to endorse Inhofe-Reed legislation forcing Ligado to provide financial relief to consumers, industries and other end users
Five organizations representing thousands of companies and millions of Americans have launched a new coalition to protect end users of GPS following the Federal Communications Commission’s (FCC’s) April 22 decision to permit Ligado Networks to operate a terrestrial wireless network using its satellite spectrum.
Ligado’s planned use of its L-band spectrum — adjacent to bands used by GPS — would threaten the reception capability of hundreds of millions of GPS devices, according to the coalition.
American Road & Transportation Builders Association (ARTBA)
Aircraft Owners & Pilots Association (AOPA)
Boat Owners Association of The United States (BoatU.S.)
As its first action, the Keep GPS Working Coalition will endorse the Recognizing and Ensuring Taxpayer Access to Infrastructure Necessary for GPS and Satellite Communications Act, which is expected to be formally introduced this week by Sens. Jim Inhofe (R-Okla.) and Jack Reed (D-R.I.).
GPS IIIF’s M-Code can be broadcast from a high-gain directional antenna in a concentrated, high-powered spot beam, in addition to a wide-angle, full-Earth antenna. (Artist rendering: Lockheed Martin)
The coalition explained in a press release,
The FCC’s decision threatens GPS reliability for countless consumers, farmers, ranchers, pilots, boat owners, surveyors, construction companies and other private GPS users who will be forced to suffer interference to their GPS devices or to pay to replace them.
The FCC admits in its order that there are cases where both government and private GPS receivers — including those that power aviation, agriculture and other key industries — will suffer harmful interference, but failed to provide a technically feasible and adequate remediation solution for consumer and business end users.
The FCC also failed to conduct an open and comprehensive rulemaking process before issuing the Ligado order, instead circulating a final decision only among FCC commissioners while major stakeholders grappled with the COVID-19 pandemic.
Notably, the FCC ignored established technical standards determining whether GPS devices would suffer harmful interference, instead relying on limited studies using vague and impractical criteria to assess interference with the GPS signal, while disregarding mountains of evidence on the topic under the established methodology.
“In issuing the Ligado order, the FCC threw millions of Americans who depend on GPS in their everyday lives under the bus with undue haste and inadequate consideration,” said Dale Leibach, spokesperson for the Keep GPS Working Coalition. “Alarmingly, the commission also ignored concerns raised by Congress and federal agencies — the experts that rely on GPS to protect our national and economic security — including the Departments of Defense, Transportation, Commerce, Interior, Justice and Homeland Security, as well as NASA, the National Science Foundation, the Coast Guard and the Federal Aviation Administration. DOD has even argued before Congress that the interference from Ligado’s network would put missions and troops at risk. It is a highly questionable decision that benefits a single company and its Wall Street investors at the expense of national and economic security.”
“The Keep GPS Working Coalition will ensure that the concerns of end users are represented in this critical public policy debate, joining the chorus of experts sounding the alarm over the Ligado order’s existential threat to GPS technology and urging the FCC to reverse its decision,” the press release stated.
“In the interest of the agriculture, construction, and other off-road equipment manufacturers, the Association of Equipment Manufacturers is taking a firm stance against the recent FCC Ligado decision,” said Kip Eideberg, Senior Vice President of Government and Industry Relations for AEM. “The FCC decision impacts millions of private GPS devices, many of which are used by farmers, contractors and consumers who depend on a reliable connection to plant, harvest, construct and move goods. We thank Senators Inhofe and Reed for their leadership and for introducing this legislation that will begin to address the wrongdoings the Ligado order will cause, and we urge the FCC to reconsider their imprudent decision.”
“America’s farmers and ranchers rely on precision agriculture technology and GPS so their farms and ranches can be more efficient, economical and environmentally responsible. Expanding broadband access is a top priority for Farm Bureau but not at the expense of losing the accuracy of GPS,” said Zippy Duvall, President of AFBF.
“The FCC’s actions threaten the profound improvements GPS has made possible in the construction industry, including increased efficiency, productivity and improved safety,” said Dave Bauer, President and CEO of the American Road & Transportation Builders Association. “ARTBA stands with our fellow Keep GPS Working Coalition members as we aim to reverse the FCC’s decision.”
“Reliable GPS is critical to aviation safety, a fact that was not adequately weighed by the FCC before reaching its decision. AOPA is grateful for the opportunity to represent aviation stakeholders as part of the Keep GPS Working Coalition,” said Jim Coon, Senior Vice President for Government Affairs for the Aircraft Owners & Pilots Association.
“The GPS technology that America’s boaters rely on every day is once again threatened by the FCC’s recent decision,” said David Kennedy, Government Affairs Manager of BoatU.S. “BoatU.S. is honored to be part of the Keep GPS Working Coalition and looks forward to working with the coalition’s other members to protect this critical technology.”
According to the coalition, in addition to requiring Ligado to satisfy additional conditions prior to the order becoming effective, the bipartisan Inhofe-Reed legislation would ensure the costs incurred by businesses and consumers as a result of the FCC’s decision would be covered by the licensee benefiting from the decision — in this case, Ligado.
“The Keep GPS Working Coalition thanks Senators Inhofe and Reed for introducing the Recognizing and Ensuring Taxpayer Access to Infrastructure Necessary for GPS and Satellite Communications Act, which acknowledges the potential harm to GPS end users caused by the Ligado order and ensures the burden of cost sits squarely where it belongs — on Ligado, rather than our farmers, pilots, boat owners, surveyors or construction companies,” said Leibach. “While we strongly urge the FCC to reconsider its position on this matter, we are deeply grateful to Senators Inhofe and Reed for recognizing the tremendous expense and burden the Ligado order places on American businesses and consumers and providing clear and immediate relief to critical stakeholders.”
For more information about the Keep GPS Working Coalition, visit www.keepgpsworking.com.
