Attachment LightSquared - Alarm

This document pretains to SAT-MOD-20101118-00239 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2010111800239_878002

Law OFFICES BLOOSTON, MORDKOFSKY, DICKENS, DUFFY & PRENDERGAST, LLP 2120 L. STREET, NW, SuitE 300 WASHINGTON, D C 200387 (202) 659—0830 AFEILIATED_SQUTH AMERICAN OFFICES HAROLD MORDKOFSKY BENJAMIN H. DICKENS, JR. FACSIMILE: (202) 828—5568 ESTUDIO JAUREGUI & AssociatEs JOHN A. PRENDERGAST BUENOS AIRES, ARGENTINA GERARD J. DUFFY RICHARD D. RUBINO ROBERT M. JACKSON MARY J. SISAK March 14, 2011 ~ oF CoUunsEL — D. CARY MITCHELL PERRY W. WoOoOrTER SALVATORE TAILLEFER, JR. LEGISLATIVE CONSULTANT ARTHUR BLOOSTON EUGENE MALISZEWSKYJ 1914 — 1999 DIRECTOROF ENGINEERING HLED/ACCEPTED MAR 14 on Marlene H. Dortch, Secretary Federal Communications Com Federal Communications Commission mission Office of the Secretary 445 12" Street, S.W. Washington, DC 20554 Re: LightSquared Subsidiary LLC Request for Modification of its Authority for an Ancillary Terrestrial Component File No SAT—MOD—2010118—00239 Application for Review Dear Ms. Dortch: The Alarm Industry Communications Committee, by its attorneys and pursuant to section 1.115 of the Commission‘s Rules, hereby submits an original plus four copies of the Comments of the Alarm Industry Communications Committee on the Applications for Review to be filed in the above captioned proceeding. If you have any questions regarding this matter please don‘t hesitate to contact us. Sincerely, \' J'Zhn A. Prefidergast Salvatore Taillafer, Jr. Attorneys for Alarm Industry Communications Committee /encl

Before the M . FEDERAL COMMUNICATIONS COMMISSION AR 1 4 ?7N11 Washington, DC 20554 Federa) Communications Commiss ffice of the Secretarymlss’on In the Matter of N/ N\ N 2\ 2z LightSquared Subsidiary LLC SAT—MOD—20101118—00239 Call Sign: $2358 Request for Modification of its Authority for an Ancillary Terrestrial Component To: The Commuission COMMENTS OF THE ALARM INDUSTRY COMMUNICATIONS COMMITTEE The Alatm Industry Communications Committee ("AICC"), on behalf of its members and pursuant to Section 1.115(d) of the Commission‘s rules, hereby submits these comments on the Applications for Review‘ filed by several parties with regard to the Order and Authorization (the “Order”)2 granting LightSquared Subsidiary, LLC ("LightSquared") a conditional waiver of the Ancillary Terrestrial Component integrated service rule. Although AICC applauds the Commission‘s efforts to establish an industry working group to address any interference that may be caused by the LightSquared operation to global positioning system ("GPS") devices, AICC agrees with the US GPS Industry Council ("the Council") that the Order does not appropriately safeguard against ‘US GPS Industry Council Application for Review, LightSquared Subsidiary LLC Application for Modification ofAuthorityfor Ancillary Terrestrial Component, File No. SAT—MOD—2010118—00239, filed February 25, 2011; American Congress on Surveying and Mapping Application for Review; Application for Review of Aviation Spectrum Resources, Inc.; Lockheed Martin Application for Review; General Aviation Manufacturers Association Application for Review. > In the Matter ofLightSquared Subsidiary LLC Applicationfor Modification ofAuthorityfor Ancillary Terrestrial Component, File No. SAT—MOD—2010118—00239, Order and Authorization, DA 11—133, released January 26, 2011.

interference to GPS devices. AICC urges the Commission to require LightSquared to eliminate any interference identified in the reports produced by the working group before it can begin offering commercial service pursuant to the waiver, and to ensure that a system is in place tQ deal with any future interference. Further, AICC urges the Commission to promote government transparency by ensuring not only that the progress reports are made public, but also that the public is given a meaningful chance to participate in determining whether the issues raised in the reports are satisfactorily resolved. AICC is comprised of representatives of the Central Station Alarm Association (CSAA), Electronic Security Association (ESA)," Bosch Security Systems, Digital Monitoring Products, Digital Security Control, Telular Corp, Stanley Convergent (alarm division, formerly known as Honeywell Monitoring), Honeywell Security, Vector Security, Inc., ADT Security Services, Inc., AES— IntelliNet, Alarm.com, Bay Alarm, Intertek Testing, RSI Videofied, Security Network of America, United Central Control, Security Industry Association (SIA), AFA Protective Systems, Vivint (formerly APX Alarm), COPS Monitoring, DGA Security, Security Networks, Universal Atlantic Systems, Axis Communications, Interlogix, LogicMark, Napco Security, and the Underwriters Laboratories. ESA and CSAA, representing the alarm dealer segment, have 2434 member companies providing alarm service to the public. AICC member companies protect a ? CSAA and ESA are associations comprised of central station alarm companies, alarm monitoring centers, alarm installation companies and alarm manufacturing companies. Their memberships represent the majority of such companies operating in the United States.

wide range of sensitive facilities and their occupants from fire, burglaries, sabotage and other emergencies. Protected facilities include government offices, power plants, hospitals, dam and water authorities, pharmaceutical plants, chemical plants, banks, schools and universities. In addition to these commercial and governmental applications, alarm companies protect a large and ever increasing number of residences and their occupants from fire, intruders, and carbon monoxide poisoning. Alarm companies also provide medical alert services for obtaining ambulances in the event of medical emergencies. The alarm industry, like most industries that have fleets of vehicles, uses GPS devices to track guards sent to respond to alarms, as well as service and installation personnel. Moreover, a number of alarm companies and other entities use GPS for direct security operations, such as tracking of executive vehicles, containers of sensitive cargo, armored cars, etc. Because of these activities, AICC‘s members would be adversely affected by the widespread proliferation of devices that may cause interference to GPS— enabled devices. AICC did not participate in the proceeding below because this proceeding was conducted using an abbreviated schedule that included the Thanksgiving holiday; and the GPS interference issue was not highlighted in the LightSquared filing that is at the center of the above—captioned proceeding. Instead, this issue was raised by satellite industry insiders such as the US GPS Industry Council and Garmin, in comments filed during the abbreviated cycle. Indeed, significant comments about the interference issues and the planned working group procedure were submitted by the US GPS Industry

Council to the Commission during a January 25, 2011 meeting, just a day before the . 4 Order was issued. AICC shares the concerns express by the petitioners in their respective Applications for Review. The Bureau‘s prohibition on commercial services pending the completion of the testing and reporting process outlined in the Order simply does not go far enough to protect GPS devices and the services that use them from harmful interference." LightSquared must be required to eliminate all interference to GPS devices that occurs as a result ofits operation, now and in the future. The Order, to its credit, mandated the creation of an industry working group to identify and report on potential interference to GPC devices that may be caused by LightSquared‘s operation® and instructed that the working group process will only be complete "once the Commission, after consulting with NTIA, concludes that the harmful interference concerns have been resolved."" And it appears that LightSquared to its credit has cooperated in the formulation of these procedures. These steps do much to allay AICC‘s concerns. However, the wording of the Order ("that the harmful interference concerns have been resolved") is somewhat vague; the Commission must be clear in mandating that any interference to GPS devices must be avoided or eliminated. * Notice of Written £x Parte Presentation, LightSquared Subsidiary LLC Application for Modification of Authorityfor Ancillary Terrestrial Component, File No. SAT—MOD—2010118—00239, filed January 27, 2010. * Council at 18. © Order at §41—43. ‘ Order at §43.

As released, the Commission‘s Order provides no explanation of what criteria it will use to measure whether the concerns addressed in the reports are ‘resolved‘ to the point of allowing LightSquared to begin offering commercial service, and it is not clear whether there is a level of interference the Commissionis willing to tolerate." The subsequent February 25, 2011 Bureau Letter® does little to clarify this particular point. Indeed, as Aviation Spectrum Resources points out, nothing in the Order or the Bureau Letter requires LightSquared to resolve any interference issues before its network is built."" Is the Commission willing to strand billions of dollars in investment by LightSquared in the event that it is impossible to eliminate GPS interference? Further, the Order offers nothing to ensure that there will be a process for resolving interference issues going forward. As technologies and services continue to rapidly evolve, it is necessary to ensure that a means to resolve future interference exists, so that such issues are resolved quickly and efficiently. Therefore, AICC requests the Commission to clarify that the interference concerns are not considered ‘resolved‘ unless they are fully eliminated. Furthermore, the Commission should ensure that the reports created by the working group, including the June 15 final report, are made publically available in a timely fashion, as soon after they are produced as possible, and should institute a notice— and—comment style proceeding concerning the reports so that members of the public have the opportunity to ensure their concerns are addressed. The Bureau Letter purports to 8 See also, Deere & Company at 18. ° Letter, International Bureau and office ofEngineering and technology ofFederal Communications Commission, File No. SAT—MOD—2010118—00239, February 25, 2011. ("Bureau Letter"). ® Aviation Spectrum Resources, Inc., at 8.

address these issues but again comes up short of providing full assurances. As an initial matter, the working group itself simply does not provide a legitimate opportunity for public participation. As Deere & Company note in its related Petition for Reconsideration, LightSquared is "responsible for selecting appropriate participants", yet "not required to obtain participation of any particular organization or individual.""‘ What is more, although the letter indicates that "LightSquared should file its reports in the public record of the Commission‘s proceeding and interested parties may comment on them,"" it does not clearly spell out a timetable for the release of such reports. Likewise, the letter does not obligate the Commission to provide any response to these invited comments, nor any explanation for its ultimate decision, in the form of a report and order. The decision as to whether the GPS interference concerns are "resolved" should go beyond a closed—doors conference with NTIA. The Commussion should allow industry participants the opportunity to provide their insight into the interference problem. This would also help to achieve the Commission‘s goal of increased government transparency by giving members of the public who are affected by the Commussion‘s decision the opportunity to review and understand the factors which the Commission will be considering in issuing a final action, * and to voice their concerns in light of thoroughly examined data. The AICC is confident that the working group will be able to identify and address many interference concerns. However, given the widespread and growing use of " FRebruary 25, 2011 Petition for Reconsideration of Deere & Company at 18. * Bureau Letter at 3. . 5 See, eg., National Broadband Plan: Connecting America, Chapter 15: Civic Engagement, (stating, "[o]pen and transparent governance is central to democratic values. In order for government to be accountable to the public, it must share the results of its policies with the public as well as the processes by which those results are achieved. Ultimately, democracy rests on the ability of the people to evaluate the performance of their government in order to make informed electoral decisions.")

GPS technology, it is not reasonable to expect it to identify and address every issue; and it is not reasonable to expect every individual or entity with a perspective on the situation to join the working group. In this regard, LightSquared‘s obligations must extend beyond the dissolution of the working group and issuance of a final report. LightSquared should be required to eliminate all GPS interference it causes in the future. GPS devices are now finely interwoven in modern society. In addition to the myriad of services provided by the industry participants filing Applications for Review in this proceeding,14 most smart phones possess GPS capabilities, which not only allow for navigation, but also E911 services. Most drivers routinely rely on GPS devices in their cars every day, and many emergency services depend on GPS information to function. Many of these applications are not mundane services that can tolerate some interference. AICC relies on GPS devices to track guards and other personnel that may be in harm‘s way, and telematic services such as the OnStar service utilize GPS data to direct emergency responders to persons in distress, including those who have been in an automobile accident serious enough to active the vehicle‘s airbags. GPS service has been called "integral to U.S. national security, economic growth, transportation safety, and homeland security ... " See, eg. Lockeed Martin at 2—3. 5 Comments of the US GPS Industry Council, In the Matter ofFixed and Mobile Services in the Mobile Satellite Service Bands, ET Docket No. 10—142, filed September 15, 2010 at page 4—5 (citing the NSPD—39: U.S. Space—Based Position, Navigation, and Timing Policy, released December 15, 2004).

Furthermore, the applications of GPS technology are increasing rapidly. The City of Pittsburgh recently launched a pilot program to track sex offenders via GPS." High— schools in California are beginning to use GPS to track truant students, which truancy the state estimates costs $35 per student per day."" North Carolina has begun using GPS to reduce bicycle theft, a major source of crime on college campuses."* "Several such products are already on the market, with many more still in development stages ... including a device for children with special needs or adults with dementia or Alzheimer‘s disease who may wander away from home."‘° The Commission itself recently noted the vital importance of GPS—enabled devices in allowing public safety personnel to find victims of accidents, crimes and medical emergencies. To this end, the Commission has launched a significant Enforcement Bureau effort to crack down on the use of cell phone jamming devices, making the following observation"": While people who use jammers may think they are only silencing disruptive conversations or disabling unwanted GPS capabilities, they could also be preventing a scared teenager from calling 9—1—1, an elderly person from placing an urgent call to a doctor, or a rescue team from homing in on the location of a severely injured person. The price for one person‘s moment of peace or privacy could be the safety and well—being of others. If interference is caused to the GPS devices in cell phones, OnStar systems, vehicle navigation systems and criminal tracking devices, many persons will likewise be pilot Program Uses GPS Technology to Track Sex Offenders, CBS Pittsburgh, available at: http://pittsburgh.cbslocal.com/2011/01/1 0/pilot—program—uses—gps—technology—to—track—sex—offenders/, last visited February 22, 2011. 17 Carpenter, Eric. Kids who Skip School are Tracked by GPS. Orange County Register, available at: http://www.ocregister.com/articles/school—288730—students—program.htral, last visited February 22, 2011. ® NC State Uses GPS Tracking Device to Catch Bike Thieves, WRAL North Carolina, available at http:/www.wral.com/news/local/story/9124949/, last visited February 22, 2011. 19 Id. * See FCC Enforcement Advisory, DA 11—249, released February 9, 201 1(threatening a fine of $112,500 for a single cell phone jammer violation); News Release, "FCC Steps Up Education and Enforcement Efforts Against Cellphone and GPS Jamming", released February 9, 2011.

placed in jeopardy. Therefore, at minimum, an open working group procedure with opportunity for public comment is necessary to ensure that the Commission is able to identify and address the relevant interference issues. In addition, because of the widespread and important impact of GPS on so many of society‘s activities, AICC agrees with the US GPS Industry Council that the issue of interference to GPS devices from technologies such as the LightSquared system should be incorporated into a general rule making, such as the proceeding in ET Docket No. 10—142." Conclusion When it comes to public safety, the only acceptable interference level is zero. However, unless the Commission makes clear that LightSquared must eliminate all interference concerns, and provides the public a full opportunity to review the working group‘s findings and to comment thereupon to further inform the Commission in its decision, it is possible that LightSquared‘s operations could negatively impact the safety of the public. For the forgoing reasons, AICC concurs with the Applications for Review filed in this proceeding, and respectfully requests that the Commission to grant the relief requested therein. * See Comments of the US GPS Industry Council, LightSquared Subsidiary LLC Applicationfor Modification ofAuthorityfor Ancillary Terrestrial Component, File No. SAT—MOD—2010118—00239, at page 4.

Respectfully submitted, ALARM INDUSTRY COMMUNICATIONS COMMITTEE 1 John A. Prendergast > Salvatore Taillefer, Jr. Its Attorneys Blooston, Mordkofsky, Dickens, Duffy & Prendergast, LLP 2120 L Street, N.W. Suite 300 Washington, D.C. 20037 Tel: 202—828—5540 Filed: March 14, 2011 10

Certificateof Service I hereby certify that on the 14"" day of March, 201 1, a copy of the foregoing Comments of the Alarm Industry Communications Commuission was sent via U.S. Mail, first class, postage prepaid, or via email, as indicated, to the following: Julius Genachowski, Chairman John Giusti Federal Communications Commuission Legal Advisor to Commissioner Copps 445 12th Street SW, Room 8—B201 445 12th Street SW, Room 8—B115 Washington, DC 20554 Washington, DC 20554 E—Mail: julius.genachowski@fce.gov E—Mail: john.giusti@fee.gov Michael J. Copps, Commuissioner Angela Giancarlo Federal Communications Commission Legal Advisor to Commissioner 445 12th Street SW, Room 8—B115 McDowell Washington, DC 20554 445 12th Street SW, Room 8—C302 E—Mail: michael.copps@fee.gov Washington, DC 20554 E—Mail: angela.giancarlo@fee.gov Robert M. McDowell, Commissioner Federal Communications Commission Louis Peraertz 445 12th Street SW, Room 8—C302 Legal Advisor to Commissioner Clyburn Washington, DC 20554 445 12th Street SW, Room 8—A302 E—Mail: robert.medowell@fec.gov Washington, DC 20554 E—Mail: louis.peraertz@fec.gov Mignon Clyburn, Commussioner Federal Communications Commission Charles Mathias 445 12th Street SW, Room 8—¢A302 Legal Advisor to Commissioner Baker Washington, DC 20554 445 12th Street SW, Room 8—A¢¥204 E—Mail: mignon.clyburn@fee.gov Washington, DC 20554 E—Mail: charles.mathias@fcee.gov Meredith Attwell Baker, Commuissioner Federal Communications Commussion Best Copy and Printing, Inc. (BCPIT) 445 12th Street SW, Room 8—A¥204 Portals II Washington, DC 20554 445 12th Street, S.W., Room CY—B402, E—Mail: MeredithAttwell.Baker@fee.gov Washington, D.C. 20554 Email: fee@bepiweb.com Rick Kaplan Legal Advisor to Chairman Jeffrey J. Carlisle Genachowski Executive Vice President 445 12th Street SW, Room 8—B201 Regulatory Affairs & Public Policy Washington, DC 20554 LightSquared E—Mail: rick.kaplan@feo.gov 10802 Parkridge Boulevard Reston, VA 20191

Raul R. Rodriguez Catherine Wang Lerman Senter PLLC Bingham McCutchen, LLP Counsel for US GPS Industry Council Counsel for Deere & Company 2000 K Street NW 2020 K Street NW Suite 600 Washington DC, 20006 Washington, DC 20006 Curtis W. Sumner, LS James L. Casey Executive Director Deputy General Counsel American Congress on Surveying and Air Transport Association of America Mapping 1301 Pennsylvania Ave, NW 6 Montgomery Village Avenue Washington, DC 20004 Suite #403 Gaithersburg, MD 20879 M. Anne Swanson Dow Lohnes PLLC Kris Hutchison Counsel to Garmin International President 1200 New Hampshire Ave, NW Aviation Spectrum Resources, Inc. Suite 800 2551 Riva Road Washington, DC 20008 Annapolis, MD 21401 Howard J. Symons Jennifer Warren Mintz, Levin, Cohn, Ferris, Glovsky, & Vice President Popeo, PC Technology Policy & Regulation 701 Pennsylvania Ave, NW Lockheed Martin Corporation Suite 900 2121 Crystal Drive, Ste 100 Washington, DC 20004 Arlington, VA 22202 Jens Hennig Vice President, Operations General Aviation Manufacturers Association 1400 K Street NW #801 Washington, DC 20005 Salvatore Taillefer, Jr. Blooston, Mordkofsky, Dickens, Duffy, & Prendergast, LLP 2120 L Street NW, Suite 300 Washington, DC 20037


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Document Modified: 2019-04-21 05:13:31
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