Speaking at the National Press Club on Nov. 3, Federal Communications Commission (FCC) Chair Jessica Rosenworcel announced a plan to reorganize the agency to include a Space Bureau and a standalone Office of International Affairs.
The rationale for these moves, as explained in a press release, is to “help ensure that the FCC’s resources are better aligned so that the agency can continue to fulfill its statutory obligations and keep pace with the rapidly changing realities of the satellite industry and global communications policy.”
While neither GPS nor Ligado were mentioned in the press release, some have taken establishment of a Space Bureau as a sign the FCC may be reconsidering its decision regarding Ligado Networks.
By creating a Space Bureau, the reasoning goes, the commission is acknowledging a need to better focus on space-based users. A report this summer from the National Academies of Science said that some GPS and Iridium users would be harmed if Ligado Networks is allowed to operate as planned.
Since the commission seems to be trying to prevent future Ligado-like controversies, it may also be ready to reconsider its Ligado decision. In February 2020 seven different petitions were filed by organizations and groups of organizations formally asking the FCC to reconsider. The commission has not yet responded to any of the petitions.
Few can disagree that aligning resources to more effective address constituent concerns is a good idea. At the same time reorganizations rarely, in and of themselves, prevent problems from recurring.
As one example, the FCC had been criticized for years for not including analyses of total costs and benefits to the nation of decisions it was considering. In January 2018, FCC Chairman Ajit Pai established the FCC’s Office of Economic Analysis to address those concerns.
Yet, despite Pai still being chair, the Office of Economic Analysis was not called upon to provide input to the commission’s deliberations on Ligado Network’s application. One of the pending petitions for reconsideration asserts that if the office had done a cost-benefit analysis, the commission’s decision would have been different. This is because the cost of even a small service degradation for potentially millions of GPS users would have very likely easily outweighed any benefit to the nation of granting Ligado Networks permission to operate.
Photo: Bill Oxford/iStock/Getty Images Plus/Getty Images
“Precautionary principle: The principle that the introduction of a new product or process whose ultimate effects are disputed or unknown should be resisted.” — Oxford Languages
Photo: U.S. Fish and Wildlife Service
The Arctic National Wildlife Refuge spans almost 20 million acres. It is home to a vast array of wildlife from tiny pollinating flies to giant grizzly and polar bears.
It also has oil. Lots of oil.
Getting that oil out of the ground and to market would create jobs and benefit commerce. It would also harm the environment. Some wildlife would suffer.
Many argue the long-term harms of drilling outweigh the short-term benefits. The Biden administration agrees and has banned drilling to protect the refuge’s environment and wildlife.
The administration has taken a similarly conservative approach to preserving the spectrum environment for satellites.
Like the previous administration, it has urged the Federal Communications Commission (FCC) to not allow Ligado Networks’ use of frequencies adjacent to spectrum assigned to GPS and Iridium Communications. The concern is that Ligado’s more powerful transmissions will harm some existing users.
A recent report by the National Academies of Sciences, Engineering and Medicine validated that concern. As is the case with many complex environmental issues, the total number of impacted individuals, and the total negative impact to the nation, are unknown. They may be unknowable.
As an independent agency, the FCC gets recommendations from, but does not report to, the administration. To date it has not been swayed by formal appeals from the executive branch, nor by those from numerous industry and non-profit groups, to rescind its decision allowing Ligado to operate.
Like other agencies making environmental decisions, the commission should use the “precautionary principle” when thinking about new uses and users. It is a well-recognized and systematic method of linking science and public policy.
increasing public participation in decision making
shifting the burden of proof to the proponents of an activity
taking preventive action in the face of uncertainty
exploring a wide range of alternatives to possibly harmful actions.
The first three of these were part of the FCC’s process in its Ligado decision, though critics of the outcome might question how rigorously each was applied:
Hundreds of public comments were received before the order was issued.
Critics note that opposition to the FCC’s eventual course of action was expressed by stakeholders across a very a broad spectrum of society.
The applicant, Ligado, was required to bear the burden of proof.
However, as the National Academies report says, different assumptions in Ligado’s analysis led it to an entirely different conclusion from studies done by the Department of Transportation.
The FCC order allowing Ligado to operate includes “preventative actions.”
Yet many see these preventative measures as unworkable window dressing. In the staid and reserved phrasing of the National Academies report, they “may in some cases not be practicable within operationally relevant time and financial parameters.”
Regardless of the virtues or sins of its process to date, the FCC’s path forward must hinge on the final tenant of the precautionary principle: “Exploring a wide range of alternatives in the face of uncertainty.”
The most obvious, simplest, and straightforward of these alternatives is for the FCC to assign Ligado different frequencies, ones more distant from those used by space-based applications.
Admittedly, this path is only “simple and straightforward” in concept. It will require restarting the frequency allocation process nearly from the beginning, detailed analyses, complex negotiations, and difficult decisions.
Yet the current situation means certain harm to an unknown but significant number of GPS and Iridium users. Harm that could, in some instances, be severe. Even life-threatening.
It also means harm for Ligado. As things stand now, the company will always be under a cloud in the minds of federal officials and other GPS and Iridium users. Ligado will also undoubtedly be blamed for a variety of problems not of its doing from solar weather to criminal jamming. And a significant mishap related to company-caused interference could cause it extreme harm. Perhaps even bringing about Ligado’s demise.
The radio frequency spectrum is a limited and critical national resource. The FCC’s desire to use it to best advantage is necessary and appropriate. This, however, requires great care to safeguard the overall environment and existing users.
Resolving the “Ligado issue” will require creativity and a departure from the adversarial approach that has characterized the FCC process to date. Let’s hope that as the commission reconsiders the issue, it finds a way for everyone to come out ahead.
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 new letter has been sent to both President Biden and congressional leadership by 90 groups opposed to Ligado’s plans to launch a terrestrial network in the L-band used by GPS.
The letter, dated April 25, marked the two-year anniversary of a controversial decision by the U.S. Federal Communications Commission (FCC) to adopt the Ligado Order.
The 90 groups represent companies, organizations and associations united in their grave concerns over “imminent — but preventable — harm from Ligado’s proposed terrestrial network.” These groups have serious concerns about how Ligado’s plan threatens to interfere with services provided by the GNSS, aviation and real-time environmental satellite-data communities.
Staying the order is necessitated by the clear bipartisan will of Congress. After adoption of the order in 2020, Congress mandated an independent technical review to further assess the harmful interference that would be caused by Ligado’s proposed network and required the Department of Defense to brief federal representatives across the government “at the highest level of classification” on the potential for widespread harm from Ligado’s proposed terrestrial operations.
On this basis alone, the FCC should stay the order to adequately consider the material new information that will be uncovered as a result of these ongoing Congressionally mandated processes, according to the letter writers.
Their concern was made even more real following the announcement by Ligado that the company intends “to commence operations in the 1526-1536 MHz band on or after Sept. 30, 2022.”
The Global Positioning System (GPS) is “still a significant single point of failure in our country,” said Caitlin Durkovich, National Security Council director for Response and Resilience.
Her remarks were made at the Dec. 9 meeting of the president’s National Space-based Positioning, Navigation and Timing (PNT) Advisory Board.
Durkovich’s remarks were made in the context of a larger national resilience message. She cited recent incidents such as Hurricane Ida, the Colonial Pipeline hack, the winter failure of the Texas electrical grid, and disrupted supply chains. She said everyone is responsible to ensure they, their systems and the nation are able to safely weather adverse events and bounce back better than before.
The interconnectedness of so many vital services such as electrical power and other vital systems like PNT make a holistic approach necessary. The administration is developing a set of resilience principles to support that, she said. It is also ensuring as funds go out to states and localities from the infrastructure bill that making American infrastructure more resilient to climate change and “all hazards” is a priority.
Because “positioning, navigation and timing is foundational to our life,” she said, “resilience is more important now than ever.” Disruptions could lead to “cascading effects.”
Durkovich cited the administration’s Space Priorities Framework as evidence of White House concern. Released this month, it says in part:
“Space systems are an essential component of U.S. critical infrastructure — by directly providing important services and by enabling other critical infrastructure sectors and industries. The United States will enhance the security and resilience of space systems that provide or support U.S. critical infrastructure from malicious activities and natural hazards.”
She also indicated that the Biden administration was following through on two Trump administration policies as important steps to resilience.
Executive Order 13905, “Strengthening National Resilience Through Responsible Use of Positioning, Navigation, and Timing Services,” among other things, calls on all users to avoid over-reliance on GPS. It also calls for the federal government to require PNT resilience to be considered when selecting contractors.
Space Policy Directive 7 “The United States Space-Based Positioning, Navigation, and Timing Policy” outlines a number of research and other efforts. It also says the nation will:
“Invest in domestic capabilities and support international activities to detect, mitigate, and increase resilience to harmful disruption or manipulation of GPS, and identify and implement, as appropriate, alternative sources of PNT for critical infrastructure, key resources, and mission-essential functions.”
Several board members asked about the Federal Communications Commission’s (FCC) order authorizing Ligado Networks to broadcast in frequencies adjacent to those used by GPS. She said the administration was concerned and both the National Economic Council and National Security Council were in discussion. Engagement with the FCC, though, may pend confirmation of a full board of commissioners.
One of the board members asking about the Ligado issue followed up with a comment that adjacent-band concerns pale in comparison to recent Russian threats to GPS satellites. Durkovich responded that there wasn’t much she could say on that topic in public except that it had the attention of the president and his senior advisors.
Durkovich was also asked about the administration’s commitment to execute the 2018 National Timing Resilience and Security Act. The law’s requirement to establish a terrestrial, wireless source of coordinated universal time to back up GPS signals by December 2020 was ignored by the Trump administration.
Her reply was to reaffirm her earlier statement that “assuring positioning, navigation and timing, and the economic and strategic benefits it brings to this nation, is a priority for this administration.”
Video of the entire advisory board meeting is available on YouTube. MS Durkovich’s remarks begin at approximately 1:37:00. A link to the video is also posted as part of the agenda on the board’s website.
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.
Guided by the leadership of the U.S. Air Force, and now the Space Force, for four decades GPS has supported all aspects of military operations, from precision guided munitions to search and rescue missions. GPS, however, is also ingrained in our economy, enabling a wide range of civil and consumer applications, including aviation, precision agriculture, construction, banking and public safety.
It’s easy to take GPS for granted, because we use it every day and it works so well. But what if someone interfered with the reliability and accuracy of GPS on which we depend? A 2019 study sponsored by the National Institute of Standards and Technology (NIST) estimated a $1 billion-a-day impact to our economy if GPS were lost.
Regrettably, the Federal Communications Commission (FCC) rolled the dice on this scenario in 2020, when it approved an application from Ligado Networks, a satellite communications company, to repurpose satellite spectrum in the L-band for high-power terrestrial use.*
Ignoring the warnings of a broad coalition of stakeholders, including U.S. federal agencies, congressional leaders and businesses, the FCC moved to open the traditionally “quiet neighborhood” used by satellite-based navigation services like GPS to ground-based signals that are billions of times more powerful.
The FCC itself was clear on the risks when it issued the order, and so it’s no surprise they explicitly required Ligado to “repair or replace as needed any U.S. government GPS devices that experience harmful interference from Ligado’s operations.” At the time, however, a key constituency was excluded from these protections: the millions of U.S. consumers and businesses who rely on accurate, reliable GPS signals.
In fact, 99% of the more than 900 million GPS devices found in the United States are used by the private sector, consumers, as well as state and local governments. Under the FCC’s order, first responders, pilots, municipal governments, farmers and countless other GPS users have been left on the hook for costs associated with Ligado’s disruptions.
On June 22, a bipartisan group of senators, led by Sen. Jim Inhofe (R-OK), took a critical step toward addressing this inequality by introducing the Recognizing and Ensuring Taxpayer Access to Infrastructure Necessary for GPS and Satellite Communications Act (RETAIN Act). A bipartisan House companion bill was subsequently introduced on July 22. This carefully balanced proposal ensures that Ligado, as the license holder and source of interference, is the one responsible for paying the costs to upgrade or replace affected GPS receivers used by consumers and businesses.
Across the country, GPS is woven into the fabric of the economy and people’s everyday lives. More than 100 million vehicles are equipped with a GPS receiver, and trains and aircraft use GPS to move people and goods. Our farms depend on GPS to increase crop yields and reduce waste. Similarly, with accurate and reliable GPS,
America’s bridges, and roads are being built more accurately, improving safety, and reducing construction times.
The RETAIN Act also protects municipal fire crews that depend on GPS for improved situational awareness and to speed response times to people in danger. In the critical moments between a 911 call and the arrival of firefighters, seconds matter. An unexpected loss of GPS could therefore be catastrophic. This is why GPSIA and more than 100 industry organizations and companies are supporting the RETAIN Act.
The RETAIN Act also considers the thousands of businesses that are showcasing their grit and ingenuity to bounce back from the COVID pandemic. Many of these companies are implementing GPS-enabled solutions, including app-based delivery and contact-tracing tools to increase efficiency and protect the safety of their employees.
The GPS Innovation Alliance, an organization committed to furthering GPS innovation, creativity and entrepreneurship, is grateful to these leaders in Congress who are standing up in support of GPS users.
Consistent with the terms of their litigation settlements with Ligado, Garmin International Inc. and Deere & Company do not affirmatively endorse or oppose the deployment of Ligado’s proposed mobile communications network. To the extent this op-ed discusses Ligado’s deployment of its proposed 5G mobile communications network (or any interference therefrom), GPSIA is not authorized, and does not purport, to speak for Garmin and Deere.
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.
Ligado application will bring harmful interference to critical technologies
U.S. Representatives Glenn “GT” Thompson (R-PA), Collin Peterson (D-MN) and James Comer (R-KY) sent a letter Nov. 24 to House Leadership and the Appropriations Committee requesting language delaying implementation of the April 2020 Federal Communications Commission (FCC) order granting Ligado’s application to deploy a terrestrial nationwide network to provide 5G services.
In July, the Congressmen expressed serious concerns surrounding the FCC’s decision, questioning the reliability of GPS for millions of Americans, especially the farmers and ranchers who rely on this technology each and every day for precision agriculture.
“Investments in 5G and GPS are critically important to the American economy, especially the agriculture industry,” said Rep. Thompson. “However, the Ligado decision will have negative impacts on GPS and satellite communications, hindering reliability and slowing progress on current and future innovation of this technology. I urge my colleagues in leadership and on the Appropriations Committee to delay this harmful implementation.”
“There is no room for error when discussing safety and reliability of service for GPS signals. Aviation, agriculture, and other vital industries rely on consistent signal quality,” said Rep. Peterson. “Safety and national security issues remain unresolved under the current order, which is why it is vital that we delay Ligado’s 5G deployment.”
“Our farmers are vitally important to providing the food supply for America and the world, and a reliable GPS network is critical to precision agriculture,” said Rep. Comer. “I understand the importance of improving telecommunications operations, especially for advancing rural economies. But critical tools like GPS technology must not be disrupted, as our farmers are essential workers who must have the tools they need to do their jobs. It is our responsibility as policymakers to fight to ensure that federal agency decisions do not negatively impact Americans’ livelihoods. It is my hope that this language to delay implementation of the Ligado order will be addressed in a year-end appropriations package.”
“The FCC’s ill-advised decision on the Ligado matter risks serious negative impacts to the communication of real-time environmental data from satellites that are a primary tool by the American Weather Enterprise in the creation and timely dissemination of accurate weather forecasts and severe weather warnings,” said Jonathan Porter, vice president and general manager, AccuWeather. “Any degradation in these communications will endanger critical economic and societal benefits for weather-sensitive businesses from family farms to large corporations and reduce the ability for people to stay safe during severe weather.”
“GPS is critical to precision agriculture applications that deliver centimeter level accuracy that enables farmers to maximize crop yields while lowering costs and environmental impact,” said Dale Leibach, spokesperson for the Keep GPS Working Coalition. “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. The order must be stopped, and Congressman Thompson and Chairman Peterson have been relentless champions for farmers in the effort to reverse the FCC’s decision.”
“GPS technology is a key component to precision agriculture, a sustainable practice that benefits both farmers and the environment,” said Dennis Slater, president of the Association of Equipment Manufacturers. “The recent Ligado decision will hinder these hard-working Americans from being able to properly utilize the tractors, combines, harvesters, and other modernized equipment we manufacture. We urge House leadership to include language to delay Ligado implementation. Farmers are already struggling due to the pandemic, natural disasters, and other factors. Let’s not add to their economic pain.”
“Protecting the public interest and our economic security requires defending and protecting critical GPS, satellite communications services, aviation navigation equipment and essential weather apparatus. But Ligado’s reckless venture puts that at risk,” said Jordan Hassin, director, Corporate Communications, Public Relations, and Industry Affairs for Iridium Communications. “As more users of services in the L-band discover the threat Ligado presents to their livelihoods, more of our policymakers are recognizing that they need to demand this threat be addressed either in the NDAA or in an end of year spending package. This is not just a defense issue. We are grateful to the leaders of the Agriculture Committee for adding their voices to the call for a change to the FCC’s misguided and destructive decision.”
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?
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.
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.”
