2011·May·20 0124 PM Office of Senator Johonns 202·228·0436 2/3 MIKE JOHANNS NeBRASKA 406 AulllU. SINATI OPPICI IUI&.D1NCI W"NIN01ON, DC ZO&10 IZOZI22....U4 !ZOZI ZZIl-Qq& P"" IZDZ) ZZ1-4ZI& TTY ~nittd~tatts~mQt£ WASHINllTON. DC 20S10 aIM"",,'" AGRICULTURi. NUTRITION ANO FOftlSTftV IANKING. HOUIlING ANO URIAN APFAlftl INVIRONMINT AND PUBLIC WOAK! INDIAN AFFAIRS veTERANS' AFFAIRS The Honorable Julius Oenachowski Chainnan Federal Communications Commission 445 12 111 Street, SW Washington, DC 20554 Dear Mr. Chainnan: May 20, 2011 I write to raise questions regarding plans by LightSquared Subsidiary LLC (LightSquared) to operate a communications network as licensed by the Federal Communications Commission (FCC). It Is my understandln, that LlahtSquared has plans to deploy I terrestrial communications network USing spectrum licensed by the FCC in close proximity tq spectrum cUlTently used by owners of Global Positioning Systems (OPS). As you know, OPS Is used extensively thrOUghout the agriculture, aviation, and transportation sectors. There il significant concern among cunent users that deployment by LightSquared will cause serious and sometimes debilitating interference, notwithstanding LightSquared's legal riahts under any applicable license. In light ofthese concerns, please address the followin& qucatlons and apprise me of relevant dcvclopments as the PCC continues its work on this issue. 1. It is my understanding that as a condition of Its January 26, 20 II "Order and Authorlzallon" granting a conditional waiver of certain FCC rule. (waivtr), the FCC hu required LlghtSquared to participate in a Working Group to conduct rigorous testing and pDtentiallmpacts on OPS receivers. Is it standard practice for the FCC to require this typc oftestln& and Impact study after a wavier and a license have been aranted? Why clid the FCC choose not to engage this process or require this infonnation prior to granting I waiver? 2. In a letter dated March, 25, 2011, the Department ofTransportation (DOT) and the Department of Deeonse (DOD) requested a "comprehensive study of..II the potential interference" to GPS systems. I am concerned that DOT and DOD apparently viewed the FCC's work on tho license u inadequate. Do the concerns raised by the DOT and DOD present novel Issues to the PCC? Have these agencies previously expressed these concerns? Have their concerns been addressed? Ifnot, docs the FCC intend to address thair concerns? 3. To what extent are current usen ofGPS devices entitled to legal protection by the FCC where those users experience interference because their device is overwhelmed by the transmission of signals by LIllhtSquared on spectrum Ilcensed to the company by the FCC? Does the answer change based on whether the device was manufactured after the PCC aranted LlghtSquared a license in November,2004? 4. Does the Working Group convened by the PCC anticipate that all necessary technical work Identifying qualified laboratories for testinll activities. doveloping test plans and identifyina devices. OMAHAOnl. 180lI NII:lNO&.M ""'11'1' ''''''UI OMMcA, Nt 1111.. 10lil02171...11 'AaC fG) 7&W1l11 KININ"" e.0I .111 I'ClUMMIwIN\l. I"".. K.....toI ..... NI.... 110112_10. ....120.1111-7.71 .comow.,. OfPlCl , 11S I'AII"WAV .....IIT IlJrraC102 ICGftllu.LlNl, NI 11I8t 11.11n-CIOP """11OIl_. 2011·M.y-20 0124 PM Office of Sen.tor Joh.nn, 202·228·0436 receivers, and systems to be tested, making arrangement for testlna. and/or commencing testing will be complete prior to the June 2011 deadline for the Finalll.eport? Ifthe telting rai.e. new questions or concems by the FCC, how docs the FCC plan on addressing these questions? Will the FCC ensure these questions are answered? The FCC's licensing of spectrum is a cornerstone ofconsumer use of current and emerging technolollies. The lack of clarity on thla issue is therefore deeply concerning. I look forward to working with you to make certain that consumers' use of spectrum is protected. Sincerely, ~{lL-..,.- Mike Johanns United States Senator 3/3 2011·M.y·20 0124 PM Offi,e af Senolar Jah.,ns 202·228·0436 1/3 404 Russell Sel1ate Office Bld&. WLlhil1&t0D. D.C. 20510 202-224-4224 t::mn:ml'fllIQlOOl:BlitS:.SBNATB.GOV ~ 'D""f" ...'- . - .,/, ,,-~, ~- -. I" ." Cv" " • U.S. SBNATOR • NBBRASKA M~keJohanns Tol Th. Honorabl. JullU8 Genachowakf Fnlml S.nator Mike Johanna Ftua (202) 228-0438~I'"3with cover sheet Phon., (202) 224.5015 ht.. 0512011 1 eel Commenll: Pi....contact And.... Synbolllklat the above number Ifyou hev. any qUMtiolll