OLYMPIA J. SNOWE
MAINE
154 RUSSELL SENATE OFFICE BUILDING
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Web Site: http://snowe.senate,gov
DEPUTY WHIP tlnitrd ~tatrs ~rnetr
WASHINGTON, DC 20510-1903
July 11, 2012
COMMITTEES:
COMMERCE, SCIENCE, AND
TRANSPORTATION
OCEANS, ATMOSPHERE, FISHERIES AND
COAST GUARD SUBCOMMITTEE
FINANCE
INTELLIGENCE
RANKING MEMBER, SMALL BUSINESS
The Honorable Julius Genachowski
Chairman
Federal Communications Commission
445 12th Street, SW
Washington, DC 20554
Dear Chairman Genachowski:
With the enactment ofP.L. 112-96 earlier this year, Congress took a notable but
incremental step in an effort to free up additional spectrum to meet the growing demand of
wireless broadband. As I have stated before, I believe more can and must be done to meet the
future needs of all spectrum users and properly address existing spectrum challenges. This
includes a comprehensive spectrum inventory, more strategic and long-term planning of
spectrum resources, and greater collaboration between the Federal Communications Commission
(FCC) and the National Telecommunications and Information Administration (NTIA). In
addition, we must also continually promote more investment in infrastructure and foster greater
technical innovation.
While increasing wirclcss network capacity depends on a combination of spectrum,
technology, and topologyl, we must focus a majority of our attention on encouraging technical
innovation given the existing constraints with the other areas and how technical advancements
will address them. For example, while still in the laboratory, quantum entanglement2 and the
recently reported "twisted" waves3, hold amazing potential to significantly-even possibly
infinitely-increase capacity without any additional spectrum. Also, dynamic spectrum access
and cognitive radio can considerably improve utilization by more aggressive spectrum sharing.
We are still a little ways off from these emerging technologies being in the marketplace
and the escalating demand for spectrum presents significant challenges to industry, as well as the
FCC and NTIA that manage this vital, yet finite resource. As more entities use spectrum to
provide services, the ecosystem becomes more crowded and efforts among users to peacefully
coexist become more difficult. As a result, disputes among licensees regarding potential harmful
interference of new uses for spectrum that could disrupt existing services are occurring with
greater frequency.
1 Real Wireless Ltd., "Report for Ofcom 4G Capacity Gains - Final Report." January 27, 2011, page 115,
hLtp:!!stakehoIders.ofcom.org.uklbinarieslresearch/technology-researchl20 I1!4g/4GCapacilvGainsFinalReport.pdf
2 Eric Bland, "Beam me up, Scotty, Scientists Teleport Info 10 Miles," DiscoveryNews, June 7, 2010,
http://news.discovery.com/tech/teleportation-guantum-mechanics.html
3 Steve McCaskill, "Twisted Signals Could Increase Spectrum Capacity 'Infinitely'" TechWeek Europe, March 2,2012,
http://www.tcchwcekeurope.co.uklnews!twistcd-signals-cou]d-increase-spectrurn-capacitv-infinitcly-64366
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Page 2 - The Honorable Julius Genachowski
The conflict between LightSquared and the Global Positioning System (GPS)
community, which is just one example in series of interference disputes over the past decade, is
very disconcerting because it involves two very important services-wireless broadband and
GPS. Given the significant benefits both technologies provide to millions of Americans and
businesses, presenting an "either-or" scenario undermines innovation, the introduction of new
services, and consumer choice. However, in February, the FCC proposed to "suspend
indefinitely" LightSquared's underlying Ancillary Terrestrial Component (ATC) authorization4
and seemingly proffered no counsel on what possible alternative solutions exist to satisfactorily
resolve the interference dispute that exists between the parties, such as additional modifications
to LightSquared's proposed terrestrial network to mitigate interference, retrofitting GPS devices
over time, or recommending alternative spectrum LightSquared could exchange its current
licenses for.
In addition, though it is one application out of many, NTIA concluded in a letter "there is
no practical way at this time to mitigate the inference that LightSquared's proposed network
would cause to personal/general navigation GPS receivers." 5 However, one of the requirements
ofPart 15 of the FCC rules, which many of these personal GPS devices operate under, is that
"interference must be accepted that may be caused by the operation of an authorized radio
station, by another intentional or unintentional radiator... ,,6
As I have written you in the past, I believe one of the problems contributing to this
interference dispute, and previous ones, is the lack of clear receiver performance guidelines.
Improving the interference immunity of device receivers will make devices more reliable, free up
more spectrum, and help avoid future interference disputes. Given the increasing demand and
heterogeneous nature of the spectrum ecosystem, it is the responsibility ofthe FCC, NTIA, and
industry to ensure the use of more interference-robust receivers as suggested by a 2003 NTIA
report on receiver spectrum standards7.
While the FCC and NTIA have proposed some additional action, it is my hope there will
be a more detailed plan by both agencies to address various issues related to this dispute in the
broader context. For example, how should government and stakeholders deal with situations,
such as this recent case, in which a large number of users of spectrum may be affected by
changes to adjacent spectrum licenses, and what is government doing to ensure that future users
are fully aware of the potential for conflicts with current users and developing a process for
resolving them? Also, what band assessments are agencies performing to determine where
similar conflicts like this one may exist and what changes are necessary in order to accommodate
future repurposing in adjacent bands to ensure proper protections? Lastly, since addressing
receiver performance has been a constant recommendation over the past several years, what steps
can government take to encourage the improvement of current receivers, while accounting for
the costs and related concerns of users?
4 DA 12-214, February 15,2012
5 DoC Assistant Secretary Lawrence Strickling to FCC Chairman Julius Genachowski, February 14,2012
647 CFR 15.5.b
7 U.S. Department of Commerce, RECEIVER SPECTRUMSTANDARDS Phase I - Summary ofResearch into Existing
Standards (NTIA Report 03-404), November 2003
Page 3 - The Honorable Julius Genachowski
As you know, we must constantly drive toward better technology and more efficient use
of spectrum to ensure continued growth. As Thomas Edison once replied when asked how he
felt about his repeated failings to design a light bulb, he stated "I have not failed. I've just found
10,000 ways that won't work." 1fwe are to maintain this nation's leadership in innovation and
technology then we must not retreat from working through difficult problems in order to achieve
results that benefit our economy and enhance innovation. This includes maintaining a resolute
goal of achieving harmonious coexistence of different services in adjacent bands. It will also
require additional steps toward comprehensive spectrum policy reform. That is the only way we
will be able to ensure the long-term health, wealth creating potential, and efficient use of
spectrum.
es Senator
cc: Commissioner Robert M. McDowell
Commissioner Mignon Clyburn
Commissioner Jessica Rosenworcel
Commissioner Ajit Pai
Assistant Secretary Lawrence Strickling, Department of Commerce