LightSquared has asked the FCC to modify its licenses to fulfill the conditions in spectrum use agreements it hammered out with Deere & Company and Garmin International, Inc., and it also wants the Commission to launch a proceeding to reallocate and auction the 1675-1680 megahertz band, which is used by the National Oceanic and Atmospheric Administration. “This comprehensive approach will allow the Commission to put this vital mid-band spectrum to use for the American consumer while addressing the concerns of both the GPS industry and government agencies interested in ensuring the compatibility of New LightSquared’s terrestrial operations,” the company said in a Dec. 31 filing in IB dockets 12-340 and 11-109.

“We firmly believe that the record will show that grant of the Applications will serve the public interest by securing the compromises reached in the Compromise Settlements for not only the Settling GPS Companies and also by giving the benefit of the bargain to all other parts of the GPS community,” the company added. “And with respect to concerns from the aviation community, the Commission can address those concerns by imposing the condition described below regarding compatibility with the Minimum Operational Performance Standards (‘MOPS’) and the corresponding Technical Standard Orders (‘TSOs’) developed by the RTCA and FAA. Equally important from the Commission’s role as spectrum manager, approval of the Modification Applications, coupled with implementation of the reallocation and auction of the 1675-1680 MHz band described below, will provide New LightSquared with the ability to deploy and operate 40 MHz of prime mid-band broadband spectrum and put this vital asset to use for the American consumer in the coming years.”

The modification applications ask the FCC to change the licenses “by reducing power limits, limiting out of band emissions, and incorporating appropriate deference to aviation industry and aviation regulatory concerns,” LightSquared stressed in the filing.

As previously detailed in LightSquared’s agreements with Deere and Garmin (TRDaily, Dec. 8 and 17, 2015), the company  has agreed to abandon terrestrial use of the 1545-1555 megahertz band, which is closed to GPS operations, while saying it would only deploy in the 1526-1536 MHz, 1627.5-1637.5 MHz, 1646.5-1656.5 MHz and 1670-1675, and 1675-1680 MHz bands under the new technical limits.

As for reallocation of the 1675-1680 MHz band, LightSquared said that it should be reallocated “for sharing by commercial broadband providers with federal government users in a commercially and technically viable manner and consistent with the power and OOBE limits set forth herein.” An auction should take place this year, it said.

“In return for abandonment of the adjacent 10 MHz to create a GPS guard band, New LightSquared respectfully requests an appropriate bidding credit for the 1675-1680 MHz auction or other appropriate measure,” the filing said. “New LightSquared intends to be an active bidder in that auction and will accept reasonable license conditions that the Commission deems are in the public interest.”

LightSquared already has access to the adjacent 1670-1675 MHz band. “Specifically, we hereby request that the Commission promptly issue a Public Notice requesting comment on (i) the Modification Applications, (ii) the Compromise Settlements, and (iii) the remaining issues surrounding the 1675-1680 MHz band described above, as part of a combined docket, and suggest comments and reply comments due 60 days and 90 days, respectively, from the date the Public Notice is issued,” the filing said. “A Public Notice issued early in 2016 will provide an important signal for DOT and other agencies to move promptly to perform any testing or analysis those agencies believe needs to be completed to contribute to the Commission’s process.

“Second, after the Commission grants the Applications, New LightSquared will need to participate in the 3GPP standard-setting process,” LightSquared added. “In addition to effectuating the Compromise Settlements, the 3GPP process will ensure that the technical specifications described in the Applications reflect the correct balance between GPS and terrestrial uses of the 1500-1700 MHz band on a global basis. This will benefit GPS and cellular firms in the United States by providing global certainty regarding use of the band, including for GNSS use cases on other continents. However, there are time constraints associated with this process, and New LightSquared likely will need to approach 3GPP in June 2016 in order for the band to be included in 3GPP’s next release cycle, Release 14.”

The Obama administration has in multiple budgets proposed legislation directing the FCC to auction or impose fees to repurpose the 1675-1680 MHz band.

In a separate Dec. 30 filing, LightSquared said concerns raised by aviation interests about the testing of aviation GPS receivers in testing commissioned by LightSquared have been addressed with the removal of aviation GPS receivers from its test plan. “This change will be reflected in the final test plan, which will be filed with the Commission in early 2016,” the company said. Dennis Roberson, whose company Roberson and Associates LLC is overseeing testing, had previously said testing would be completed by the end of 2015. LightSquared had no comment today on the testing schedule.- Paul Kirby, paul.kirby@wolterskluwer.com

Courtesy TRDaily