LightSquared Fight Makes GPS Standards Review Likely, but Path Unclear
A government review of GPS standards seems to be a likely result of the ongoing feud between LightSquared and the GPS industry, several executives from both sides of the argument said. It’s unclear, though, how the government would proceed, either seeking better protection of GPS services through interference standards or imposing GPS receiver standards. An NTIA report to the FCC advising the agency on how to proceed on LightSquared was released late Tuesday.
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LightSquared recently filed at the FCC asking the agency to begin an inquiry or rulemaking on GPS receiver standards (CD Feb 8 p15), saying the regulatory review is desperately needed regardless of whether LightSquared ever begins operations. FCC Chairman Julius Genachowski said Monday receiver standards in general may need to be revisited (CD Feb 14 p1), possibly referring to the LightSquared situation. By some accounts, it could take as long as a decade to implement new standards as aviation devices, an especially important GPS subset, in the field are cycled out.
Last week, though, Transportation Deputy Secretary John Porcari in congressional testimony proposed the NTIA begin work on interference standards to “help inform future proposals for non-space, commercial uses in the bands adjacent to the GPS signals, to strengthen existing national policy protection of adjacent band spectrum” (CD Feb 9 p1). Porcari is a co-chair of the National Executive Committee for Space-Based Positioning, Navigation, and Timing (PNT), which largely handles GPS policy.
An FCC effort to impose standards would likely face several obstacles, said GPS industry executives. Even if focused solely on the issue of GPS receivers, such efforts could face opposition from other industries, such as the TV industry, which has generally opposed receiver standards and may see the issue as a foot in the door for the issue, said an executive. Receiver standards in general have proven to be a difficult subject for the FCC. Former Chairman Michael Powell took up the issue in 2003 by launching an inquiry on receiver standards, which was formally ended by former Chairman Kevin Martin four years later (CD May 4/07 p2). The FCC and DOT didn’t comment.
It’s clear the FCC has jurisdiction and the authority to impose GPS receiver conditions, said Jeff Carlisle, LightSquared executive vice president, in an interview Tuesday. “It’s very clear under the law that the only entity that has the authority to decide any operating standards or parameters for our spectrum, which is commercial spectrum, is the FCC,” he said. “Now, NTIA can make recommendations, but at the end of the day the FCC is the deciding party.” Past FCC difficulties in gaining traction on the standards don’t portend poorly for the issue now, considering the “need to bring mobile services spectrum to market,” he said. Multiple indications, from Genachowski and House Communications Subcommittee Chairman Greg Walden, R-Ore., point to interest in taking up the issue of GPS receiver standards, he said.
The NTIA letter to the FCC, expected this week, seems likely to push for interference standards, based on Porcari’s testimony and PNT filings, said mobile satellite consultant Tim Farrar. LightSquared’s FCC filing reflects its hope to have the GPS community “accept some of the burden of addressing the issue,” said Farrar. “I think that the FCC is all but certain to ask for a proceeding anyway to consider these interference issues. LightSquared is therefore trying to shape that to their advantage in terms of who bears the burden.” The FCC, NTIA, Transportation Department and Coalition to Save Our GPS didn’t comment.