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‘Not Sufficiently Included’

DOD, DOT Remain Concerned Over LightSquared Interference

The departments of Defense and Transportation “were not sufficiently included” in the FCC’s development of LightSquared’s initial work plan and milestones, the agencies said in a letter to the FCC. Deputy Transportation Secretary John Porcari and Deputy Defense Secretary William Lynn piled on criticism of the commission’s handling of LightSquared’s plans for wireless service, in a March 25 letter to FCC Chairman Julius Genachowski. It hasn’t been made public yet. LightSquared and the U.S. GPS Industry Council are leading a working group review of GPS interference issues, as required by the FCC. DOD and DOT said they had several concerns with the International Bureau’s response to questions on the set-up of the working group (CD Feb 17 p8).

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"We are concerned with this lack of inclusiveness regarding input from federal stakeholders,” the agencies said. “In particular, active engagement with DOD and DOT, the national stewards and global providers of the [GPS] service, is essential to protect this ubiquitous defense, transportation and economic utility as the [working group] process proceeds.” LightSquared’s wireless service is planned to operate in spectrum adjacent to spectrum used by GPS.

An FCC spokesman noted that “LightSquared will not be permitted to move forward with service under the waiver until potential interference issues are addressed.” The “process followed in addressing those issues will include the ongoing input of our federal partners, the GPS community and industry,” he said. The spokesman said GPS representatives have indicated directly to the commission that they are satisfied with the process. GPS receivers have a tendency to pick up signals outside the band they operate in, and so far that has not been a problem because the band where LightSquared would operate in has been vacant and the question is what the level of interference will be if operations commence, he said. “This is something that we'll be looking at closely as part of our comprehensive review and efforts to identify problems and come up with solutions."

The DOD and DOT also took issue with the FCC’s decision not to require working group consensus on their recommendations. The agency hasn’t provided guidance on “how differing technical viewpoints from federal and private sector manufacturers and users will be reconciled” and the DOD an DOT “need to understand how differing conclusions and recommendations developed during [working group] process that could affect national security and transportation safety will be addressed,” they said. They also said a “comprehensive study of all potential interference to GPS is needed” and “an exchange of all pertinent technical and operational information” is “crucial to ensure the effectiveness of interference mitigation solutions.” The letter seeks FCC clarification.

The working group efforts so far have been “extremely cooperative and involved representatives from DOD, [the Federal Aviation Administration] and NASA,” said Jeff Carlisle, LightSquared executive vice president of regulatory affairs. Those agencies have been “active participants and from everything I have heard, everyone is pleased with the progress we have been making.” Carlisle said LightSquared is also supportive of any separate testing that DOD and other agencies are doing. The U.S. GPS Industry Council declined to comment. The Save Our GPS Coalition didn’t respond to a request for comment.

"The letter reflects serious ongoing concerns over whether the FCC truly recognizes the magnitude and seriousness of the interference issues presented by the LightSquared proposal,” said Jim Kirkland, general counsel of Trimble Navigation. The GPS device maker has criticized the commission and LightSquared. “The fact that two critically important government agencies -- stewards of the GPS system -- have been forced to state these concerns in a letter to the FCC chairman suggests that the normal process for intergovernmental coordination on spectrum issues affecting public safety and security may be breaking down,” Kirkland said.