~ULlUSGENACHOWSKI
CHAIRMAN
FEDERAL COMMUNICATIONS COMMISSION
March 23, 2012
The Honorable Greg Walden
Chainnan
Subcommittee on Communications and Technology
Committee on Energy and Commerce
U.S. House of Representatives
2125 Rayburn House Office Building
Washington, D.C. 20515
Dear Chairman Walden:
Your letter of February 28, 2012, asked for responses to several questions
regarding the interference dispute between LightSquared and the Global Positioning
System (GPS) community. In addition to the written responses below, my staff has
briefed Committee staffon these issues and is working to respond fully to your February
28 letter.
The history relevant to the LightSquared matter goes back more than a decade.
am attaching a summary chronology for the Committee's information. As the
chronology reflects, the Commission has taken very seriously all interference issues
raised by the Ancillary Terrestrial Component (ATe) to Mobile Satellite Service (MSS),
including potential interference from LightSquared's proposed commercial service. At
the same time, the Commission has also emphasized the critical importance to our
Nation's economic growth and global competitiveness of making spectrum available for
mobile broadband. That goal is vital and must be achieved without compromising
national security or public safety.
Accordingly, as interference concerns regarding MSS/ATC operations have been
raised, the Commission has consistently worked to address and resolve them. Ln 2003,
for instance, when the FCC established industry-wide rules authorizing the ATC
offerings that recently have been at issue in the LightSquared matter, it adopted a
regulation stating that "[i]f harmful interference is caused to other services by ancillary
MSS ATC operations, either from ATC base stations or mobile tenninals, the MSS ATC
operator must resolve any such interference.,,1
Consistent with that longstanding rule, the Commission has taken effective steps
to ensure that GPS interference concerns are resolved before LightSquared can offer
commercial terrestrial service using the former SkyTerra L-Band spectrum. In March
2010, the Commission's International Bureau authorized the modification of SkyTerra's
fonner MSS/ATC license to accommodate LightSquared's wholesale business plan. It
I 47 C.F.R. § 25.255.
445 12TH STREETS.W. WASHINGTON. D.C. 20554 • 202-418-1000
Page 2-The Honorable GregWalden
did so only after all interference concerns raised at that time by the GPS industry had
been resolved.' Similarly, after LightSquared sought a modification of its MSS/ATC
authority in November 20 I0 to better reflect its wholesale business model, and the GPS
industry raised a new "overload" interference concern for the first time, the International
Bureau explicitly conditioned any commercial terrestrial operations by LightSquared
under a waiver of the MSS/ATC rules on resolution ofthese concerns. Specifically, the
Bureau required LightSquared, before it could commence its planned commercial
operations, to participate in testing and analysis conducted by a technical working group
to address "the interference concerns regarding GPS ... to the Commission's
satisfaction.,,3 Last month, after the National Telecommunications and Information
Administration (NTIA) informed the Commission ofthe results of government
interference testing, the International Bureau issued a Public Notice seeking comment on
whether to vacate its January 20II Conditional Waiver Order "due to LightSquared's
inability to address satisfactorily the legitimate interference concerns.'''' The proceeding
initiated by that Public Notice remains open and provides all interested parties a full
. 5
opportUl1lty to comment.
The Commission has employed thorough, public, and fair processes throughout its
LightSquared proceedings. In particular, in response to your Question I, it was
appropriate for the Commission's International Bureau to issue the orders your letter
identifies. Under Parts 0 and I ofthe Commission's rules, the International Bureau and
the other FCC bureaus and offices are delegated authority to address a wide range of
matters in the first instance, subject to review by the full Commission. Applications for
approval oftransfers of control of FCC licenses, as well as petitions for interpretation or
waiver of rules, are decided at the staff level on delegated authority where the action
involved is consistent with general Commission policy. Disposition ofsuch licensing
2 These interference issues, which related to out-of-band emissions, are different from the
receiver overload issues that GPS providers later raised. In Augu t 2009, the U.S. GPS Industry
Council and SkyTerra (LightSquared's predecessor) jointly filed with the FCC a letter indicating
that the out-of-band emissions interference issue had been resolved. See Letter from Raul
Rodriguez, Counsel for the U.S. GPS Industry Council (GPSIC) to Marlene H. Dortch, Secretary,
FCC, No. SAT-MOD-20090429-00047 (dated Aug. 17,2009).
3 LightSquared Subsidiary LLC Request for Modification ofits Authorityfor an Ancillary
Terrestrial Component, Order and Authorization ("Conditional Waiver Order"), 26 FCC Rcd
566,~41 (Int'l Bur., 2011). These concerns were documented in GPSIC's December 2
comments in the proceeding, which included as an attachment a September 15, 20 I0 filing by
GPSIC raising similar concerns in ET Docket No. 10-142, Notice ofProposed Rulemaking and
Notice ofInquiry, Fixed and Mobile Services in the Mobile Satellite Service Bands at 1525-1559
MHz and 1626.5-1660.5 MHz, 1610-1626.5 MHz and 2483.5-2500 MHz, and 2000-2020 MHz
and 2180-2200 MHz.
4 International Bureau Invites Comment on NTIA Leller Regarding LightSquared Conditional
Waiver, Public Notice, IB Docket No. 11-109, at 4 (Inl'l Bur., reI. Feb. 15,2012).
I The attached chronology provides a more detailed timeline and responds more fully to your
inquiry (Question 5) as to when the Commission became aware of potential interference with
GPS devices.
Page 3-The Honorable GregWalden
matters on delegated authority is a practical necessity for timely and efficient completion
ofthe Commission's business, while the opportunity for further review by the full
Commission ensures that unresolved issues can be addressed by the Commissioners
themselves.
Similarly, in response to your Question 2, the time periods for comment on
LightSquared's request for modification ofits ATC authority in November 2011 were
consistent with the Commission's rules and procedures, and they were sufficient to
enable the GPS industry and many other commenters to participate actively in the
modification proceeding. Only one party, CTIA, requested an extension oftheori~inal
filing deadlines, and the Bureau extended the deadlines in response to that request.
Moreover, there was good reason for the International Bureau to avoid undue delay in
considering a requested action that could facilitate the deployment of broadband services
on under-utilized spectrum. LightSquared's filing involved familiar MSS/ATC
operations and technologies and did not involve any change to the technical parameters
of LightSquared's satellite and ATC transmitters. LightSquared's proposal involved only
whether consumer devices would need to have both satellite and terrestrial capability in
all cases and thus did not require significant technical or engineering review - with one
exception. That one exception - presented during the comment period on the requested
modification - was the newly raised concern about overload interference from
LightSquared's ATC transmitters to GPS devices. Notably, the interference concerns
were based on transmissions from LightSquared's base stations, yet LightSquared's
request did not seek relief from any ofthe base station requirements. Nevertheless, the
Bureau promptly and effectively addressed these overload interference concerns by
creating an interference resolution process, so that any commercial service would not be
permitted without prior resolution ofthe GPS interference issues. This process has
yielded important information about GPS interference that the Commission and the
public are now able to assess.
Your letter further inquires (Question 3) as to the Commission staff's reasons for
adopting, in March 20 I0, two conditions on the SkyTerra/LightSquared transaction that
required FCC approval before LightSquared could lease spectrum or make more than
25% of its network capacity available to the two largest wireless providers. Absent such
conditions, LightSquared would have been able to avoid Commission review of
wholesale transactions that could raise significant public interest issues. The
Commission has rules, codified at 47 C.F.R. §§ 1.9001-1.9080, that generally provide for
a review process for spectrum leasing and wholesaling by wireless providers. But at the
time of the SkyTerra/LightSquared transaction, there were no comparable rules for MSS
spectrum. The conditions proposed by LightSquared were accepted by the staffas part of
its public interest analysis of this particular transaction because they helped to address
this gap, which existed at the time. The Commission has since adopted a rule ofgeneral
applicability that addresses the spectrum-leasing issue on an industry-wide basis and
6 UghtSquared Subsidiary LLC Requestfor Modification ofits Authorityfor an Ancillary
Terrestrial Component, Order, SAT-MOD-20 101118-00239 (Int'l Bur., reI. Nov. 26, 20 I0).
Page 4-The Honorable GregWalden
without reference to the market positions ofthe carriers involved in the lease
arrangement.
7
You asked (Question 4) why the International Bureau waived the integrated 
service rule for MSSIATC devices as to LightSquared. The Bureau explained the reasons
for this action in its January 2011 Conditional Waiver Order. Those reasons included
that LightSquared was (1) "already a significant and substantial provider" ofMSS; (2)
making significant efforts to rationalize narrow, interleaved portions of L-Band spectrum
with Inrnarsat which operates in the same band, thus supporting deployment of
broadband MSS and MSS/ATC services in the band; (3) investing over $50 million in
dual-mode (that is, terrestrial and satellite) service and devices; (4) subject to "significant
terrestrial buildout milestones"; and (5) commining as part ofthe waiver decision to take
further actions that would "ensure consistency" with the underlying purposes ofthe FCC
rule requiring integration ofATC and MSS operations, by requiring that LightSquared
continue actively to market its MSS and to offer dual-mode devices at prices
"competitive with similar terrestrial-only devices."s
Finally, in response to your inquiry (Question 6) whether the Commission has
independently evaluated the recent NTIA recommendations and related materials, the
Commission has put out for public comment the questions raised by those materials.
Initial comments were filed on March 16,2012, and reply comments are due on March
30. After receiving those comments, the Commission and its expert technical staff will
review the relevant materials, and the comments regarding them, as part ofthe ordinary
decision-making process.
I appreciate this opportunity to respond to your questions.
-
Enclosure
7 Fixed and Mobile Services in the Mobile Satellite Service Bands at /525·1559 MHz and /626.5 
1660.5 MHz, /610-/626.5 MHz and 2483.5-2500 MHz, and 2000·2020 MHz alld 2180-2200
MHZ, ET Docket No. 10-142, Report and Order, 26 FCC Red 5710 (2011).
8Conditional Waiver Order, 26 FCC Red 3t581-83,~~29-35.
FEDERAL COMMUNICATIONS COMMISSION
March 23, 2012
,JULIUS GENACHOWSKI
CHAIRMAN
The Honorable Fred Upton
Chairman
Committee on Energy and Commerce
U.S. House ofRepresentatives
2125 Rayburn House Office Building
Washington, D.C. 20515
Dear Chairman Upton:
Your letter of February 28, 2012, asked for responses to several questions
regarding the interference dispute between LightSquared and the Global Positioning
System (GPS) community. In addition to the written responses below, my staff has
briefed Committee staff on these issues and is working to respond fully to your February
28 letter.
The history relevant to the LightSquared matter goes back more than a decade. I
am attaching a summary chronology for the Committee's information. As the
chronology reflects, the Commission has taken very seriously all interference issues
raised by the Ancillary Terrestrial Component (ATC) to Mobile Satellite Service (MSS),
including potential interference from LightSquared's proposed commercial service. At
the same time, the Commission has also emphasized the critical importance to our
Nation's economic growth and global competitiveness of making spectrum available for
mobile broadband. That goal is vital and must be achieved without compromising
national security or public safety.
Accordingly, as interference concerns regarding MSS/ATC operations have been
raised, the Commission has consistently worked to address and resolve them. In 2003,
for instance, when the FCC established industry-wide rules authorizing the ATC
offerings that recently have been at issue in the LightSquared matter, it adopted a
regulation stating that "[i]f harmful interference is caused to other services by ancillary
MSS ATC operations, either from ATC base stations or mobile terminals, the MSS ATC
operator must resolve any such interference.'"
Consistent with that longstanding rule, the Commission has taken effective steps
to ensure that GPS interference concerns are resolved before LightSquared can offer
commercial terrestrial service using the former SkyTerra L-Band spectrum. In March
2010, the Commission's International Bureau authorized the modification of SkyTerra's
former MSSIATC license to accommodate LightSquared's wholesale business plan. It
did so only after all interference concerns raised at that time by the GPS industry had
147 C.F.R. § 25.255.
445 12TH 5TREET S.W. WASHINGTON. D.C. 20554 • 202-418-1000
Page 2-The Honorable Fred Upton
been resolved
2
Similarly, after LightSquared sought a modification of its MSS/ATC
authority in November 2010 to better reflect its wholesale business model, and the GPS
industry raised a new "overload" interference concern for the first time, the International
Bureau explicitly conditioned any commercial terrestrial operations by LightSquared
under a waiver of the MSS/ATC rules on resolution ofthese concerns. Specifically, the
Bureau required LightSquared, before it could commence its planned commercial
operations, to participate in testing and analysis conducted by a technical working group
to address "the interference concerns regarding GPS ... to the Commission's
satisfaction.,,3 Last month, after the National Telecommunications and Information
Administration (NTIA) informed the Commission ofthe results ofgovernment
interference testing, the International Bureau issued a Public Notice seeking comment on
whether to vacate its January 2011 Conditional Waiver Order "due to LightSquared's
inability to address satisfactorily the legitimate interference concerns.'''' The proceeding
initiated by that Public Notice remains open and provides all interested parties a full
opportunity to commentS
The Commission has employed thorough, public, and fair processes throughout its
LightSquared proceedings. In particular, in response to your Question 1, it was
appropriate for the Commission's International Bureau to issue the orders your letter
identifies. Under Parts 0 and I of the Commission's rules, the International Bureau and
the other FCC bureaus and offices are delegated authority to address a wide range of
matters in the first instance, subject to review by the full Commission. Applications for
approval oftransfers ofcontrol ofFCC licenses, as well as petitions for interpretation or
waiver of rules, are decided at the staff level on delegated authority where the action
involved is consistent with general Commission policy. Disposition ofsuch licensing
matters on delegated authority is a practical necessity for timely and efficient completion
2 These interference issues, which related to out-of-band emissions, are different from the
receiver overload issues that GPS providers later raised. In August 2009, the U.S. GPS Industry
Council and SkyTerra (LightSquared's predecessor) jointly filed with the FCC a letter indicating
that the out-of-band emi sions interference issue had been resolved. See Letter from Raul
Rodriguez, Counsel for the U.S. GPS Industry Council (GPSIC) to Marlene H. Dortch, Secretary,
FCC, No. SAT-MOD-20090429-00047 (dated Aug. 17,2009).
3 UghtSquared Subsidiary LLC Requestfor Modificatioll ofits Authorityfor all Allcillary
Terrestrial Compollellt, Order alld Authorizatioll ("Collditiollal Waiver Order"), 26 FCC Rcd
566,~41 (Int'l Bur., 2011). These concerns were documented in GPSIC's December 2
comments in the proceeding, which included as an attachment a September 15, 20 I0 filing by
GPSIC raising similar concerns in ET Docket No. 10-142, Notice ofProposed Rulemakillg alld
Notice ofIllquiry, Fixed and Mobile Services in the Mobile Satellite Service Bands at 1525-1559
MHz and 1626.5-1660.5 MHz, 1610-1626.5 MHz and 2483.5-2500 MHz, and 2000-2020 MHz
and 2180-2200 MHz.
4 Illternatiollal Bureau Illvites Commelll all NTIA Leller Regardillg UghtSquared COllditiollal
Waiver, Public Notice, 18 Docket No. 11-109, at 4 (Int'l Bur., reI. Feb. 15,2012).
, The attached chronology provides a more detailed timeline and responds more fully to your
inquiry (Question 5) as to when the Commission became aware of potential interference with
GPS devices.
Page 3-The Honorable Fred Upton
ofthe Commission's business, while the opportunity for further review by the full
Commission ensures that unresolved issues can be addressed by the Commissioners
themselves.
Similarly, in response to your Question 2, the time periods for comment on
LightSquared's request for modification of its ATC authority in November 20 II were
consistent with the Commission's rules and procedures, and they were sufficient to
enable the GPS industry and many other commenters to participate actively in the
modification proceeding. Only one party, CTIA, requested an extension oftheori~inal
filing deadlines, and the Bureau extended the deadlines in response to that request.
Moreover, there was good reason for the International Bureau to avoid undue delay in
considering a requested action that could facilitate the deployment ofbroadband services
on under-utilized spectrum. LightSquared's filing involved familiar MSS/ATC
operation and technologies and did not involve any change to the technical parameters
of LightSquared's satellite and ATC transmitters. LightSquared's proposal involved only
whether consumer devices would need to have both satellite and terrestrial capability in
all cases and thus did not require significant technical or engineering review - with one
exception. That one exception - presented during the comment period on the requested
modification - was the newly raised concern about overload interference from
LightSquared's ATC transmitters to GPS devices. Notably, the interference concerns
were based on transmissions from LightSquared's base stations, yet LightSquared's
request did not seek relief from any of the base station requirements. Nevertheless, the
Bureau promptly and effectively addressed these overload interference concerns by
creating an interference resolution process, so that any commercial service would not be
permitted without prior resolution ofthe GPS interference issues. This process has
yielded important information about GPS interference that the Commission and the
public are now able to assess.
Your letter further inquires (Question 3) as to the Commission staff's reasons for
adopting, in March 20 I 0, two conditions on the SkyTerraiLightSquared transaction that
required FCC approval before LightSquared could lease spectrum or make more than
25% of its network capacity available to the two largest wireless providers. Absent such
conditions, LightSquared would have been able to avoid Commission review of
wholesale transactions that could raise significant public interest issues. The
Commission has rules, codified at 47 C.F.R. §§ 1.9001-1.9080, that generally provide for
a review process for spectrum leasing and wholesaling by wireless providers. But at the
time ofthe SkyTerraiLightSquared transaction, there were no comparable rules for MSS
spectrum. The conditions proposed by LightSquared were accepted by the staffas part of
its public interest analysis ofthis particular transaction because they helped to address
this gap, which existed at the time. The Commission has since adopted a rule ofgeneral
applicability that addresses the spectrum-leasing issue on an industry-wide basis and
6 UghtSquared Subsidiary LLC Requestfor Modification ofils Authorityfor an Ancillary
Terrestrial Component, Order, SAT-MOD-20 101118-00239 (Int'l Bur., reI. Nov. 26, 2010).
Page 4-The Honorable Fred Upton
without reference to the market positions ofthe carriers involved in the lease
arrangement.
7
You asked (Question 4) why the International Bureau waived the integrated 
service rule for MSS/ATC devices as to LightSquared. The Bureau explained the reasons
for this action in its January 20 I I Conditional Waiver Order. Tho e reasons included
that LightSquared was (1) "already a significant and substantial provider" of MSS; (2)
making significant efforts to rationalize narrow, interleaved portions of L-Band spectrum
with Inmarsat which operates in the same band, thus supporting deployment of
broadband MSS and MSS/ATC services in the band; (3) investing over $50 million in
dual-mode (that is, terrestrial and satellite) service and devices; (4) subject to "significant
terrestrial buildout milestones"; and (5) committing as part ofthe waiver decision to take
further actions that would "ensure consistency" with the underlying purposes ofthe FCC
rule requiring integration ofATC and MSS operations, by requiring that LightSquared
continue actively to market its MSS and to offer dual-mode devices at prices
"competitive with similar terrestrial-only devices."g
Finally, in response to your inquiry (Question 6) whether the Commission has
independently evaluated the recent NTIA reconunendations and related materials, the
Commission has put out for public comment the questions raised by those materials.
Initial comments were filed on March 16,2012, and reply comments are due on March
30. After receiving those comments, the Commission and its expert technical staff will
review the relevant materials, and the comments regarding them, as part ofthe ordinary
decision-making process.
I appreciate this opportunity to respond to your questions.
Sincerely,
•
Julius Genachowski
Enclosure
7 Fixed and Mobile Services in the Mobile Satellite Service Bands at /525-/559 MHz alld 1626.5 
/660.5 MHz, 1610-/626.5 MHz alld 2483.5-2500 MHz, alld 2000-2020 MHz alld 2/80-2200
MHZ, ET Docket No. 10-142, Report alld Order, 26 FCC Red 5710 (20 II).
8COllditiollai Waiver Order, 26 FCC Red at 581-83,~~29-35.
JULIUS GENACHOWSKI
CHAIRMAN
FEDERAL COMMUNICATIONS COMMISSION
March 23, 2012
The Honorable CliffStearns
Chairman
Subcommittee on Oversight and Investigations
Committee on Energy and Commerce
U.S. House of Representatives
2125 Rayburn House Office Building
Washington, D.C. 20515
Dear Chairman Stearns:
Your letter ofFebruary 28, 2012, asked for responses to several questions
regarding the interference dispute between LightSquared and the Global Positioning
System (GPS) community. In addition to the written responses below, my staffhas
briefed Committee staff on these issues and is working to respond fully to your February
28 letter.
The history relevant to the LightSquared matter goes back more than a decade.
am attaching a summary chronology for the Committee's information. As the
chronology reflects, the Commission has taken very seriously all interference issues
raised by the Ancillary Terrestrial Component (ATC) to Mobile Satellite Service (MSS),
including potential interference from LightSquared's proposed commercial service. At
the same time, the Commission has also emphasized the critical importance to our
Nation's economic growth and global competitiveness ofmaking spectrum available for
mobile broadband. That goal is vital and must be achieved without compromising
national security or public safety.
Accordingly, as interference concerns regarding MSS/ATC operations have been
raised, the Commission has consistently worked to address and resolve them. In 2003,
for instance, when the FCC established industry-wide rules authorizing the ATC
offerings that recently have been at issue in the LightSquared matter, it adopted a
regulation stating that "[i]f harmful interference is caused to other services by ancillary
MSS ATC operations, either from ATC base stations or mobile terminals, the MSS ATC
operator must resolve any such interference.'"
Consistent with that longstanding rule, the Commission has taken effective steps
to ensure that GPS interference concerns are resolved before LightSquared can offer
commercial terrestrial service using the former SkyTerra L-Band spectrum. In March
2010, the Commission's International Bureau authorized the modification ofSkyTerra's
former MSS/ATC license to accommodate LightSquared's wholesale business plan. It
'47 C.F.R. § 25.255.
445 12TH STREET S.W. WASHINGTON. D.C. 20554 • 202-418-1000
Page 2-The Honorable CliffSteams
did so only after all interference concerns raised at that time by the GPS industry had
been resolved.
2
Similarly, after LightSquared sought a modification of its MSSIATC
authority in November 20I0 to better reflect its wholesale business model, and the GPS
industry raised a new "overload" interference concern for the first time, the International
Bureau explicitly conditioned any commercial terrestrial operations by LightSquared
under a waiver ofthe MSS/ATC rules on resolution ofthese concerns. Specifically, the
Bureau required LightSquared, before it could commence its planned commercial
operations, to participate in testing and analysis conducted by a technical working group
to address "the interference concerns regarding GPS ... to the Commission's
satisfaction.,,3 Last month, after the National Telecommunications and Information
Administration (NTIA) informed the Commission ofthe results of government
interference testing, the International Bureau issued a Public Notice seeking comment on
whether to vacate its January 2011 Conditional Waiver Order "due to LightSquared's
inability to address satisfactorily the legitimate interference concerns.'''' The proceeding
initiated by that Public Notice remains open and provides all interested parties a full
opportunity to comment.S
The Commission has employed thorough, public, and fair processes throughout its
LightSquared proceedings. In particular, in response to your Question I, it was
appropriate for the Commission's International Bureau to issue the orders your letter
identifies. Under Parts 0 and I ofthe Commission's rules, the International Bureau and
the other FCC bureaus and offices are delegated authority to address a wide range of
matters in the first instance, subject to review by the full Commission. Applications for
approval oftransfers ofcontrol ofFCC licenses, as well as petitions for interpretation or
waiver ofrules, are decided at the staff level on delegated authority where the action
involved is consistent with general Commission policy. Disposition ofsuch licensing
2 These interference issues, which related to out-of-band emissions, are different from the
receiver overload issues that GPS providers later raised. In August 2009, the U.S. GPS Industry
Council and SkyTerra (LightSquared's predecessor) jointly filed with the FCC a letter indicating
that the out-of-band emissions interference issue had been resolved. See Letter from Raul
Rodriguez, Counsel for the U.S. GPS Industry Council (GPSIC) to Marlene H. Dortch, Secretary,
FCC, No. SAT-MOD-20090429-00047 (dated Aug. 17,2009).
3 UghtSquared Subsidiary LLC Requestfor Modification ofits Authorityfor an Ancillary
Terrestrial Component, Order and Authorization ("Conditional Waiver Order"), 26 FCC Rcd
566,141 (Int'l Bur., 2011). These concerns were documented in GPSIC's December 2
comments in the proceeding, which included as an attachment a September 15,2010 filing by
GPSIC raising similar concerns in ET Docket No. 10-142, Notice ofProposed Rulemaking and
Notice ofInquiry, Fixed and Mobile Services in the Mobile Satellite Service Bands at 1525-1559
MHz and 1626.5-1660.5 MHz, 1610-1626.5 MHz and 2483.5-2500 MHz, and 2000-2020 MHz
and 2180-2200 MHz.
4 International Bureau Invites Comment on NTIA Leller Regarding UghtSquared Conditional
Waiver, Public Notice, IB Docket No. 11-109, at 4 (Int'l Bur., reI. Feb. 15,2012).
, The attached chronology provides a more detailed timeline and responds more fully to your
inquiry (Question 5) as to when the Commission became aware of potential interference with
GPS devices.
Page 3-The Honorable Cliff Stearns
matters on delegated authority is a practical necessity for timely and efficient completion
ofthe Commission's business, while the opportunity for further review by the full
Commission ensures that unresolved issues can be addressed by the Commissioners
themselves.
Similarly, in response to your Question 2, the time periods for comment on
LightSquared's request for modification of its ATC authority in November 2011 were
consistent with the Commission's rules and procedures, and they were sufficient to
enable the GPS industry and many other commenters to participate actively in the
modification proceeding. Only one party, CTtA, requested an extension oftheori~inal
filing deadlines, and the Bureau extended the deadlines in response to that request.
Moreover, there was good reason for the International Bureau to avoid undue delay in
considering a requested action that could facilitate the deployment ofbroadband services
on under-utilized spectrum. LightSquared's filing involved familiar MSS/ATC
operations and technologies and did not involve any change to the technical parameters
of LightSquared's satellite and ATC transmitters. LightSquared's proposal involved only
whether consumer devices would need to have both satellite and terrestrial capability in
all cases and thus did not require significant technical or engineering review - with one
exception. That one exception - presented during the comment period on the requested
modification - was the newly raised concern about overload interference from
LightSquared's ATC transmitters to GPS devices. Notably, the interference concerns
were based on transmissions from LightSquared's base stations, yet LightSquared's
request did not seek relief from any ofthe base station requirements. Nevertheless, the
Bureau promptly and effectively addressed these overload interference concerns by
creating an interference resolution process, so that any commercial service would not be
permitted without prior resolution ofthe GPS interference issues. This process has
yielded important information about GPS interference that the Commission and the
public are now able to assess.
Your letter further inquires (Question 3) as to the Commission staff's reasons for
adopting, in March 2010, two conditions on the SkyTerralLightSquared transaction that
required FCC approval before LightSquared could lease spectrum or make more than
25% of its network capacity available to the two largest wireless providers. Absent such
conditions, LightSquared would have been able to avoid Commission review of
wholesale transactions that could raise significant public interest issues. The
Commission has rules, codified at 47 C.F.R. §§ 1.9001-1.9080, that generally provide for
a review process for spectrum leasing and wholesaling by wireless providers. But at the
time ofthe SkyTerra/LightSquared transaction, there were no comparable rules for MSS
spectrum. The conditions proposed by LightSquared were accepted by the staffas part of
its public interest analysis ofthis particular transaction because they helped to address
this gap, which existed at the time. The Commission has since adopted a rule ofgeneral
applicability that addresses the spectrum-leasing issue on an industry-wide basis and
6 UghtSquared Subsidiary LLC Requestfor Modification ofits Authorityfor an Ancillary
Terrestrial Component, Order, SAT-MOD-20101118-00239 (Inl'l Bur., reI. Nov. 26, 2010).
Page 4-The Honorable Cliff Stearns
without reference to the market positions ofthe carriers involved in the lease
arrangement.
7
You asked (Question 4) why the International Bureau waived the integrated 
service rule for MSSIATC devices as to LightSquared. The Bureau explained the reasons
for this action in its January 2011 Conditional Waiver Order. Those reasons included
that LightSquared was (I) "already a significant and substantial provider" of MSS; (2)
making significant efforts to rationalize narrow, interleaved portions of L-Band spectrum
with lnrnarsat which operates in the same band, thus supporting deployment of
broadband MSS and MSSIATC services in the band; (3) investing over $50 million in
dual-mode (that is, terrestrial and satellite) service and devices; (4) subject to "significant
terrestrial buildout milestones"; and (5) commining as part ofthe waiver decision to take
further actions that would "ensure consistency" with the underlying purposes ofthe FCC
rule requiring integration of ATC and MSS operations, by requiring that LightSquared
continue actively to market its MSS and to offer dual-mode devices at prices
"competitive with similar terrestrial-only devices."g
Finally, in response to your inquiry (Question 6) whether the Commission has
independently evaluated the recent NTIA recommendations and related materials, the
Commission has put out for public comment the questions raised by those materials.
Initial comments were filed on March 16,2012, and reply comments are due on March
30. After receiving those comments, the Commission and its expert technical staff will
review the relevant materials, and the comments regarding them, as part ofthe ordinary
decision-making process.
I appreciate this opportunity to respond to your questions.
Sincerely,
-
ulius Genachowski
Enclosure
7 Fixed alld Mobile Services ill the Mobile Satellite Service Bands at 1525-1559 MHz alld 1626.5 
1660.5 MHz, 1610-1626.5 MHz and 2483.5-2500 MHz, and 2000-2020 MHz alld 2180-2200
MHZ, ET Docket No. 10-142, Reportemd Order, 26 FCC Red 5710 (20 II).
8Collditional Waiver Order, 26 FCC Red at 581-83,~~29-35.
LIGHTSOUARED MSS/ATC CHRONOLOGY
2001
• Commission issues Notice 0/Proposed Rulemaking to pennit mobile satellite
service providers to offer an ancillary component in response to requests filed by
Mobile Satellite Ventures Inc. (predecessor ofSkyTerra/LightSquared) and New
ICO Global Communications.
~Invites comment on whether the proposed rules would protect GPS systems.
See Flexibility for Delivery ofCommunications by Mobile Satellite Service
Providers in the 2 GHz Band, the L-Band and the 1.6/2.4 GHz band, 1B
Docket No. 01-185, Notice o/Proposed Rlilemaking, 16 FCC Rcd. 15,532
(2001).
2003
• Commission adopts rules pennitting MSS licensees to integrate ATC into their
satellite networks to provide mobile service to areas where satellite signals are
degraded or blocked (e.g., urban areas and inside ofbuildings). See Flexibility for
Delivery ofCommunications by Mobile Satellite Service Providers in the 2 GHz
Band, the L-Band, and the 1.6/2.4 GHz Bands, 1B Docket Nos. 01-185,02-364,
Report and Order and Notice 0/Proposed Rlilemaking, 18 FCC Rcd. 1962 (2003)
(2003 Order), as modified by Order on Reconsideration, 18 FCC Rcd. 13,590
(2003).
~Rules require MSS licensees to offer an integrated satellite and terrestrial
service - they must maintain a viable satellite service and cannot offer
terrestrial service separately.
~Rules also allowed up to 1,725 terrestrial base stations to be deployed in the
L-Band, including spectrum adjacent to and below the GPS band.
2004
• International Bureau authorizes SkyTerra (fonnedy Mobile Satellite Ventures), to
offer an integrated MSSIATC service to users equipped with dual-mode
MSSIATC mobile devices.
~Consistent with 2003 Order, SkyTerra is authorized to operate expansive
ATC, including up to 1,725 terrestrial base stations in the L-Band. See
Mobile Satellite Ventures Subsidiary LLC Application for Minor
Modification ofSpace Station License for AMSC-I, File Nos. SAT-MOD 
200311 18-00333, SAT-AMD-200311 18-00332, SES-MOD-20031118-01879,
Order and Authorization, 19 FCC Rcd. 22,144 (lB 2004).
2005
• Commission modifies the MSS/ATC rules in response to petitions for
reconsideration of the 2003 Order. See IB Docket No. 01-185, Memorandum
Opinion and Order and Second Order on Reconsideration, 20 FCC Rcd. 4616
(2005) (ATe Reconsideration Order).
}:> Removes the 2003 Order's limitation on the number ofterrestrial base
stations (1,725) that may be deployed, provided operations remain within
specified technical parameters.
}:> Revised rules are consistent with the recommendations ofthe GPS industry
and the Executive Branch (including input from the Department ofDefense).
}:> Commission extensively discusses potential overload interference from
SkyTerra's L-Band ATC base stations to lnmarsat mobile satellite terminals,
as well as potential overload interference from 2 GHz ATC mobile devices
operating above 1995 MHz to PCS mobile receivers operating in the adjacent
band below 1995 MHz.
}:> No one raises GPS receiver overload interference issue.
March-April 2009
• Harbinger and SkyTerra together file an application for transfer ofcontrol of
SkyTerra to Harbinger.
• SkyTerra files an application on April 29 for modification of its authority for an
ancillary terrestrial component, including requests for waivers ofa number ofthe
Commission's rules for MSS/ATC operation.
• Commission invites public comment on both requests, triggering extensive
comments.
July-August 2009
• GPS industry raises concerns about SkyTerra's application for ATC
modifications, stating that the existing out-of-band emissions limits would be
insufficient to protect against interference to GPS from LightSquared's planned
low power base stations and indoor "femto-cells."
}:> Out-of-band emissions are not the same as receiver overload, which is the
basis ofthe current controversy.
}:> No one raises GPS receiver overload issue.
• SkyTerra and the U.S. GPS Industry Council submit a joint letter to the
Commission stating that the out-of-band emissions interference issues had been
resolved. No commenter raises any other concerns about GPS interference.
March IS, 2010
• National Broadband Plan Recommendation 5.8.4 calls for the FCC to accelerate
terrestrial deployment in the MSS spectrum.
March 26, 2010
• Commission's bureaus and offices issue two orders addressing the 2009
Harbinger and SkyTerra requests and comments:
License Transfer Order (SkyTerra Communications, Inc., Transferor and Harbinger
Capital Partners Funds, Transferee Applications for Consent to Transfer Control of
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SkyTerra Subsidiary, LLC, IB Docket No. 08-184, Memorandum Opinion and Order
and Declaratory Ruling, 25 FCC Rcd 3059 (IB, OET, WTB 2010)).
» Authorizes the transfer ofcontrol from SkyTerra to Harbinger, explaining
Harbinger's plans to construct a hybrid-satellite-terrestrial network that
provides wholesale capacity, and noting Harbinger's plans to deploy a
network that will cover 100 percent ofthe U.S. population via the satellite
component and ultimately over 90 percent ofthe population via its terrestrial
component.
» Observes that if Harbinger successfully deploys its integrated
satellite/terrestrial network, it would be able to provide mobile broadband
communications in areas where it is difficult or impossible to provide
coverage by terrestrial base stations.
» Imposes conditions designed to ensure promised public interest benefits by
requiring (I) build-out of MSS/ATC network and (2) Commission review of
agreement involving a spectrum lease or provision ofmore than 25% of
LightSquared's network capacity to top two wireless providers.
» First Order does not waive or alter MSS/ATC rules.
License Modification Order (SkyTerra Subsidiary LLC Application for
Modification Authority for an Ancillary Terrestrial Component, Order and
Authorization, 25 FCC Rcd 3043 (IB 20 I0)).
» Modifies SkyTerra's authorization to provide MSS/ATC, applying conditions
to address all technical concerns raised in the comment cycle and granting a
request to increase the power level ofthe base stations.
» Commission's bureaus coordinate with relevant Executive Branch agencies.
Second Order notes DoD's concerns about potential interference to national
security systems in certain circumstances and instructs the licensee to continue
to work with DoD to resolve these concerns.
» No one raises GPS receiver overload interference issue.
July 15,2010
• Commission follows National Broadband Plan recommendations and initiates a
rulemaking to provide greater flexibility to deploy terrestrial service in the mobile
satellite service. See Fixed and Mobile Services in the Mobile Satellite Service
Bands at 1525-1559 MHz and 1626.5-1660.5 MHz, 1610-1626.5 MHz and
2483.5-2500 MHz, and 2000-2020 MHz and 2180-2200 MHz, ET Docket No. 10 
142, Notice ojProposed Rulemaking and Notice ojInquiry, 25 FCC Rcd. 9481
(2010); see also Report and Order, ET Docket No. 10-142,26 FCC Rcd 5710
(20 II) (subsequent Order).
September 15,2010
• GPS Industry Council files comments in MSS rulemaking proceeding that raise
the possibility of receiver overload interference to GPS receivers at a distance of
about 100 meters from ATC base stations based on state-of-the-art filtering, and
state that for much of the mobile consumer GPS devices in use, including public
3
safety (e.g., 911 cellphones), the harmful interference effect would be somewhat
worse.
~Council further states that "[i)n earlier Commission proceedings, the Council
has worked collaboratively with MSS operators ofATC to seek mutual
agreements that facilitate successful MSS ATC operations and avoid
interference to the GPS installed base. The Council believes that solutions are
available to mitigate the otherwise unavoidable harmful effects described in
these comments and looks forward to working collaboratively with interested
parties to explore these issues and potential solutions." Sept. 15,2010
Comments, ET Docket No. 10-142, at iii.
November-December 2010
• November 15: LightSquared announces the successful launch of its first next 
generation satellite, SkyTerra I.
• November 18: LightSquared files a request to modify its MSS/ATC authority,
consistent with the MSSIATC rules, to accommodate its business plan of selling
data network capacity at wholesale to other terrestrial service providers. The
request seeks to allow those service providers to offer terrestrial-only handsets at
the same power levels and conditions previously granted. See LightSquared
Subsidiary LLC Request for Modification of its Authority for an Ancillary
Terrestrial Component, SAT-MOD-20 I0 1118-00239.
• International Bureau places LightSquared's November 18 request on Public
No/ice, with 10-day period for initial comments. See Policy Branch Information,
Satellite Space Applications Accepted for Filing, Report No. SAT-00738, Public
No/ice (reI. Nov. 19, 20 I0).
• In response to an extension request from CTIA, Bureau extends comment
deadline to December 2, 2010, with replies due December 9,2010. See
LightSquared Subsidiary LLC Request for Modification of its Authority for an
Ancillary Terrestrial Component, SAT-MOD 20101118-00239, Order (IB, Sat.
Div., reI. Nov. 26,2010).
• In their filed comments, GPS industry, GPS users and federal interests object to
LightSquared's planned MSS/ATC deployment based on a concern about
potential GPS interference due to "receiver overload"; argue that the under a
wholesale business model, LightSquared would no longer be motivated to protect
its own satellite service.
~GPS community submits limited technical data and no mitigation proposal.
January 26, 2011
• International Bureau issues Conditional Waiver Order modifying LightSquared's
authorization. See LightSquared Subsidiary LLC Request for Modification of its
Authority for an Ancillary Terrestrial Component, SAT-MOD-201 0 1118-00239,
4
Order andAuthorization, 26 FCC Rcd 566 (18 Jan 2011)(Conditional Waiver
Order).
~Denies LightSquared's request for a determination that LightSquared's
proposal is consistent with existing MSSIATC mobile terminal rules.
~Provides a conditional waiver ofthe MSSIATC "integrated services" rule to
allow LightSquared's wholesale customers to offer their retail users mobile
terminals with only terrestrial capability, rather than "dual mode" handset
capability (i.e., the ability to communicate in a single handset or terminal via
either a satellite or a terrestrial network).
, Imposes conditions to ensure that LightSquared will continue to provide a
commercially competitive satellite service and will continue to develop and
make available dual mode MSSIATC-capable devices.
~Establishes a process to investigate the GPS overload interference issue and
stipulates that UghtSquared may not offer commercial service until the
process is complete and the risk ofharmful interference has been resolved.
June-August 2011
• Technical Working Group submits report concerning results oftesting on the GPS
receiver overload issues.
~Commission issues Public Notice requesting comment on the report. See
Comment Deadlines Established Regarding the LightSquared Technical
Working Group Report, IB Docket No. 11-109, Public Notice (reI. June 30,
2011).
• LightSquared states it will not utilize the upper 10 MHz ofthe L-Band in order to
satisfy interference concerns.
• Commission receives over 3,000 comments in the interference resolution
proceeding.
September 2011
• Commission releases Public Notice requiring additional testing. See Status of
Testing in Connection with LightSquared's Request for ATC Commercial
Operating Authority, IB Docket No. 11-109, Public Notice (reI. Sept. 13,2011).
February 2012
• NTIA files letter in the interference resolution proceeding stating that it has
monitored the testing done through the interference resolution process and has
coordinated additional testing of LightSquared's equipment by other federal
agencies. NTIA concludes that LightSquared's proposed mobile broadband
network will impact GPS services and there currently is no practical way to
mitigate the potential harmful interference from LightSquared's planned
terrestrial operations in the) 525-1559 MHz band.
• International Bureau issues Public Notice seeking comment on whether it should
(I) vacate the January 2011 Conditional Waiver Order "due to LightSquared's
5
inability to address satisfactorily the legitimate interference concerns surrounding
its planned terrestrial operations" and (2) modify LightSquared's license "to
suspend indefinitely LightSquared's underlying ATC authorization, first granted
in 2004, to an extent consistent with the NTIA Leller." International Bureau
Invites Comment on NTIA Letter Regarding LightSquared Conditional Waiver,
IB Docket No. 11-109, Public Notice (reI. Feb 15,2012).
~Comments on Public Notice due (after extension) on March 16; replies due on
March 30. See LightSquared Technical Working Group Report, IB Docket
No. 11-109, Order (lB reI. Feb. 29,2012).
6