LightSquared Says Proposed FCC Ruling Is Legally Unprecedented, Not Supported By Technical Evidence, And Inconsistent With Other Recent Commission Action
FCC Must Implement A Resolution That Allows LightSquared’s Network To Go Forward And Furthers The Public Interest
RESTON, Va., March 30, 2012 /PRNewswire-USNewswire/ — LightSquared said in a filing to the Federal Communications Commission today that a ruling proposed by the FCC staff that would effectively revoke LightSquared’s license to operate its network is entirely unsupported by the law, science, and FCC policy and precedent. Indeed, the Commission’s proposal is wholly inconsistent with a proposal the Commission made last week in the case of another terrestrial network that raised “interference” concerns.
The company detailed its position in a filing to the FCC today in response to comments by the GPS industry and others as part of the Public Notice issued by the FCC regarding the proposed action. A summary of that response can be found at http://www.lightsquared.com/wp-content/uploads/2012/03/FCC_Ruling_Response.pdf.
LightSquared’s filing states that the FCC “need not and should not embrace the false choice presented by the GPS industry between preserving LightSquared’s ancillary terrestrial component (ATC) authority to deploy a wireless broadband network and maintaining GPS service. In fact, both goals can be achieved. The law, the equities, the facts, and the public interest demand that the Commission seek to do so.”
“The FCC’s response in this matter is wholly incongruous and disproportionate,” said Jeffrey Carlisle, executive vice president for regulatory affairs and public policy for LightSquared. “The FCC Public Notice11-109 proposes to essentially turn its back on LightSquared and its multi-billion dollar investment in wireless broadband – after the Commission mandated that the company deploy its network on an accelerated timeframe. LightSquared’s proposed network is the only one that can be implemented quickly, and provide a wholesale alternative across the country to wireless companies and their customers.”
LightSquared’s filing documents that the company is the primary licensed spectrum user in the mobile satellite services MSS/ATC band, and that its use of that spectrum should be protected under the FCC’s own rules. The filing also notes receivers of the GPS industry are operating outside of their assigned spectrum and are not protected under FCC rules when doing so.
“The GPS industry has been well aware since 2005 that LightSquared had FCC approval to build a nationwide terrestrial network using its assigned spectrum, and as such, the FCC must work to implement a resolution that allows LightSquared to go forward so all Americans can have the benefits of innovation, lower prices and greater competition that this network will provide,” Mr. Carlisle said.
Thousands of stakeholders, including small business owners, educators, entrepreneurs, and federal, state and local officials from both sides of the aisle are urging the FCC to find a solution that enables LightSquared’s network to go forward and serves the larger public interest. Remarkably, even as it has proposed to effectively terminate LightSquared’s terrestrial network, last week the Commission proposed to assign new spectrum to another operator (DISH) whose terrestrial network also has raised interference concerns.
LightSquared is committed to continuing to pursue its rights to use its spectrum as repeatedly approved by the FCC, and remains willing to work with all interested parties to achieve a solution that best serves the broadband needs of millions of Americans across the nation.
Thousands of letters and e-mails have been submitted from elected officials, public safety officials, rural activists, businesses, and economic development activists in support of LightSquared urging the FCC to find a solution that will facilitate coexistence. A sampling of these letters can be found at http://www.lightsquared.com/wp-content/uploads/2012/03/FCC_Supporters.pdf.
LightSquared is a mobile communications provider currently serving government customers, public safety, and the commercial transport and logistics industries. The company has invested more than $4 billion to deploy an integrated satellite-terrestrial network which will provide next generation, high-speed mobile services on a nationwide basis. LightSquared’s state-of-the-art satellite – successfully launched in 2010 – will be combined with 4G LTE terrestrial technology to create a nationwide communications system that offers superior coverage and mobile broadband speeds. LightSquared’s integrated satellite-terrestrial network will expand wireless broadband capacity at a time when demand is increasing exponentially. LightSquared’s wholesale-only business model will enable existing and new service providers to sell their own devices, applications and services – at a competitive cost and without retail competition from LightSquared. For more information, please go to www.LightSquared.com, www.facebook.com/LightSquared and www.twitter.com/LightSquared.
This release contains forward-looking statements and information regarding LightSquared and its business. Such statements are based on the current expectations and certain assumptions of LightSquared’s management and are, therefore, subject to certain risks and uncertainties. The forward-looking statements expressed herein relate only to information as of the date of this release. LightSquared has no obligation to update these forward-looking statements to reflect events or circumstances after the date of this release, nor is there any assurance that the plans or strategies discussed in this release will not change.