Attachment DESCRIPTION

This document pretains to SAT-MOD-20151231-00090 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2015123100090_1120054

                          RESPONSE TO QUESTION 43:
                 DESCRIPTION OF PROPOSED MODIFICATION AND
                        PUBLIC INTEREST STATEMENT



               As part of a comprehensive solution that would address the concerns of the GPS

community, the National Oceanic and Atmospheric Administration (“NOAA”), and the aviation

industry and, at the same time, permit deployment of a terrestrial broadband network assisting in

the 4G to 5G transition, New LightSquared LLC (“New LightSquared”) hereby seeks to modify

its licenses by reducing power limits, limiting out of band emissions, and incorporating

appropriate deference to aviation industry and aviation regulatory concerns. These license

modification applications (the “Modification Applications”) are both required by, and designed

to fulfill the conditions subsequent in, the separate agreements between New LightSquared and

Deere & Company1 (“Deere”) and New LightSquared and Garmin International, Inc.2

(“Garmin,” and Deere and Garmin together, the “Settling GPS Companies”).3

               Therefore, pursuant to the Compromise Agreements, New LightSquared hereby

abandons its upper 10 MHz downlink band at 1545-1555 MHz and also commits that it will not

1
 Settlement Agreement and Mutual Release made December 8, 2015, by and among Deere &
Company and New LightSquared and LightSquared Subsidiary LLC (the “Deere Agreement”).
2
 Settlement Agreement made December 16, 2015 by and between Garmin International, Inc. and
New LightSquared LLC and LightSquared Subsidiary (the “Garmin Agreement” and together
with the Deere Agreement, the “Compromise Agreements”).
3
  The Deere Agreement and the Garmin Agreement have already been filed with the Commission
in the dockets listed above. See New LightSquared, Ex Parte Presentation, IB Docket No. 12-
340; IB Docket No. 11-109; IBFS File Nos. SAT-MOD-20101118-00239; SAT-MOD-
20120928-00160; SAT-MOD-20120928-00161; SES-MOD-20121001-00872; SES-RWL-
20110908-01047; SES-MOD-20141030-00835 (Dec. 8, 2015) (“December 8 Ex Parte”); New
LightSquared, Ex Parte Presentation, IB Docket No. 12-340; IB Docket No. 11-109; IBFS File
Nos. SAT-MOD-20101118-00239; SAT-MOD-20120928-00160; SAT-MOD-20120928-00161;
SES-MOD-20121001-00872; SES-RWL-20110908-01047; SES-MOD-20141030-00835 (Dec.
17, 2015) (“December 17 Ex Parte”). The company has reached a separate cooperation
agreement with Trimble, and per its provisions, that agreement is not currently public.


deploy on the bands 1526-1536 MHz, 1627.5-1637.5 MHz, 1646.5-1656.5 MHz, 1670-1675

MHz, and 1675-1680 MHz except under the power limits stated in detail below.4 Further

pursuant to the Compromise Agreements, this is the “appropriate filing” and hence is a condition

subsequent that New LightSquared must and hereby does fulfill by the instant date.5

                 These modifications also are significant because Deere and Garmin acknowledge

that these operational changes mean that those important GPS companies have no objection to

New LightSquared deployment in those bands for all devices (except certified aviation, which is

discussed and addressed separately below). Specifically, Paragraph 3 of the Deere Agreement

stipulates that “Deere, acting as itself or through any third party, will not object to deployment by

New LightSquared of a network in the spectrum bands 1526-1536 MHz, 1627.5-1637.5 MHz,

1646.5-1656.5 MHz, and 1670-1700 MHz as long as such deployment is consistent with such

filings.”6 Similarly, as long as New LightSquared’s terrestrial deployment plans are consistent

with the operational parameters agreed to by the companies in the Garmin Agreement, Garmin

agrees not to object to deployment in the spectrum located in the spectrum bands 1627.5-1637.5

MHz, 1646.5-1656.5 MHz, and 1670-1680 MHz.7 Furthermore, Garmin agrees not to object to

4
  New LightSquared is withdrawing its previous license modification applications through
appropriate filings in IBFS File Nos. SAT-MOD-20101118-00239; SAT-MOD-20120928-
00160; SAT-MOD-20120928-00161; SES-MOD-20121001-00872; SES-RWL-20110908-
01047; SES-MOD-20141030-00835. New LightSquared is also submitting a companion letter to
the Secretary today regarding the Modification Applications. See Letter from Gerard J. Waldron
to Marlene Dortch, IB Docket No. 12-340; IB Docket No. 11-109; IBFS File Nos. SAT-MOD-
20101118-00239; SAT-MOD-20120928-00160; SAT-MOD-20120928-00161; SES-MOD-
20121001-00872; SES-RWL-20110908-01047; SES-MOD-20141030-00835 (Dec. 31, 2015), at
1, n. 2 (hereinafter “Comprehensive Proposal”).
5
    See Deere Agreement at § 2–8, 11; Garmin Agreement at § 6–9.
6
    See Deere Agreement at § 3; Dec. 8, 2015 Ex Parte.
7
 See Garmin Agreement at § 10; Dec. 17, 2015 Ex Parte. Both the Deere Agreement and the
Garmin Agreement exclude current MSS and Modeo operations in these frequencies. See
Garmin Agreement at § 6(f)–(g); Deere Agreement at § 17.


                                                 2


New LightSquared’s use of the 1526-1536 MHz spectrum up to and including power levels at 32

dBW for Garmin devices that are not Certified Garmin GNSS Aviation Equipment, provided that

and upon the condition that LightSquared adheres to all of the requirements of the Garmin

Agreement.8

               Because Deere and Garmin collectively produce equipment in the vast majority of

GPS device categories, New LightSquared believes that resolving the concerns of these

companies should effectively resolve the concerns of the GPS industry as a whole. Issuance of a

public notice on the Modification Applications will invite comment on that proposition, and the

company looks forward to engaging with all parts of the GPS industry to review these issues.

For its part, New LightSquared believes these significant compromises establish a constructive

industry paradigm that gives clarity to all relevant firms and government agencies and in an

appropriately open and timely process. New LightSquared expects that a reasonable comment

process—such as one involving a 60-day comment period and 30-day reply period—initiated by

this filing going on public notice will illustrate that belief. Moreover, because the vast majority

of GPS devices in use today are found in smartphones, and because the mobile phone industry

has never suggested that LightSquared’s operations are not compatible with smartphones, the

Commission will have a record after the completion of this process to assess whether this vital

mid-band spectrum can be put to its most productive use. New LightSquared firmly believes the

record will show that grant of the Applications will serve the public interest by securing the

compromises reached in the Compromise Agreements for the Settling GPS Companies and also

by giving the benefit of the bargain to all other parts of the GPS community. And with respect to

8
  With regard to certified aviation receivers, New LightSquared understands the need to continue
to work with Garmin, the FAA, and the rest of the aviation community to address any concerns
and has committed to doing so. See part III.B., infra.


                                                 3


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 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 to put to use this vital

asset as part of the 4G to 5G transition that will soon commence. In particular, New

LightSquared intends to submit the modified technical parameters set forth in these Modification

Applications into the 3GPP standardization process in 2016, which will lead to global standards

set in Release 14 scheduled for 2017. The modifications proposed by New LightSquared should

provide the GPS industry a blueprint for global conduct of its business.

I.     NEW LIGHTSQUARED’S PROPOSED LICENSE MODIFICATION

               In these Modification Applications, New LightSquared implements the

compromises reached in the Compromise Agreements. This approach will serve the public

interest by establishing a path forward for New LightSquared to proceed with building a network

and providing service over a commercially viable wireless broadband network. New

LightSquared’s proposed license modifications consists of the following mutually-dependent and

interrelated elements, illustrated here and explained in detail below.




                                                 4


Technical Operating Parameters Specified in Coexistence Plans

                        1526        1526      1sas         asss    asse                                    1610                   16275            16275 16465          16ses. 1670      1675   asso


                            Eso                                                                                                           es
                            M                                                                                                             Uplink

                                        I                    I                        _
                                "Left   Hand Spectrum"                                                                                       "Right Hand pectrum"
 POWER LIMITS
 Authorized Limit           42 dBw                                                                                                    0 dBw                  0 dBw               Modeo       N/A

 New Limit                  32 dBW                                                                                                    —7 dBw                 —7 dBw              32 40       32 d8
                                                                                                                                  16278 i6825

 Garmin Power Limit         32 dBW
                                                                                                                                          —7 dew
                                                                                                                               31 dew

 UPLINK OOBE LIMITS                        asar                    asso                      1605    1608 1610               1623
                                                                                                                          34 dBW/MHz
                                                  43 daw/hake                                            <7ildBW/Mie
 Authorized Limit                                                         95 dBW/MHz :95 dBW/aite
                                                                                                                          34 dW     /abe

 New Limit
                                                                                                         —100   dBw/ttz
                                                  —105 dBw/Mitz           105 dBW/Miiz            105 dBW/Miiz



 DOWNLINK OOBE LIMITS                                                                                                                                            1650
                                                                                                                —43 dBW/Miiz
                                                  No explict OOBE limit           —100 dBW/Miiz
 Authorized Limit
                                                                                                                                                                  I
 New Limit                                        "#5 dbw/Hte                                                   "#5 ddw/MHe          "#sdow/MHe             —85 ddW/Miiz
                                                                                  —100 dBW/Miz




  Note: The Coenistence Plans also include narrowband limits not depicted here.


The proposed license modifications are as follows:

      New LightSquared permanently abandons its authority to conduct terrestrial operations in
       its upper 10 MHz downlink band at 1545-1555 MHz—the part of New LightSquared’s
       downlink band that is closest to the GPS band—thus providing GPS receivers an
       additional 10 MHz guard band from terrestrial services. This relinquishment of the
       terrestrial component addresses a critical concern of the GPS industry and enables New
       LightSquared to continue to operate its long-standing satellite business.

      Pursuant to Section 8(b) of the Garmin Agreement and for clarity, New LightSquared
       stipulates the following: New LightSquared will not utilize frequencies in the 1545-1555
       MHz band for any terrestrial base stations and mobile terminals providing radio
       communication services, offered together with, or separately from, Mobile-Satellite
       Services (“MSS”), using or re-using frequencies presently assigned for MSS operations,
       and it will not enter into a spectrum sharing or similar arrangement with a third party that
       involves services utilizing such spectrum. New LightSquared will permanently abandon
       use of the frequency band 1545-1555 MHz, and will not enter into such third-party
       arrangements. New LightSquared will require any successor, assignee, user, or customer
       with respect to service in the 1545-1555 MHz band to comply with the same commitment
       to permanently abandon terrestrial use of the 1545-1555 MHz band. This paragraph does
       not apply to LightSquared’s satellite-to-earth communications, transmitting pursuant to
       Part 25 of the FCC’s Rules, 47 C.F.R. Part 25.

      New LightSquared would retain authorization to use its two 10 MHz uplink bands at
       1627.5-1637.5 and 1646.5-1656.5 MHz for terrestrial operations and optimally match one
       of them with an alternative downlink channel at 1670-1680 MHz in an operationally-
       efficient and commercially viable manner.

      To fulfill conditions subsequent in the Compromise Agreements, and to secure those
       benefits for the entire GPS industry, New LightSquared requests that the Commission
       make the following power limit modifications:
          o modify the EIRP limit for the 1646.5-1656.5 band from 0 dBW to -7 dBW;
          o modify the EIRP limit for the 1627.5-1637.5 MHz band from 0 to -7 dBW,
               provided that the 1627.5-1632.5 MHz segment of this band will have an EIRP
               limit that ramps from -31 dBW to -7 dBW for a period of five years—until
               January 1, 2021—and then that segment will revert to -7 dBW; and
          o modify the EIRP limit for the 1526-1536 MHz band from 42 dBW to 32 dBW.

      To fulfill conditions subsequent in the Compromise Agreements, and to secure those
       benefits for the entire GPS industry, New LightSquared further requests that the
       Commission make the following Out Of Band Emission (“OOBE”) EIRP limit
       modifications, and these limits ramp between OOBE values at the stated frequencies.
          o For the uplink:
                    retain a -34 dBW/MHz limit at 1625 MHz;
                    modify the limit at 1610 from -71 dBW/MHz to -100 dBW/MHz, ramping
                       up between the values at 1625 MHz and 1610 MHz;

                                                6


                    implement a -105 dBW/MHz limit at 1608 MHz, ramping up between the
                     values at 1610 MHz and 1608 MHz;
                 modify the limit at 1559-1608 from -95 dBW/MHz to -105 dBW/MHz;
                 modify the limit from 1541-1559 MHz from -43 dBW/MHz9 to -105
                     dBW/MHz;
                 modify the limit for narrowband from 1610-1625 MHz to ramp from -110
                     dBW/700 Hz to -44 dBW/700 Hz;
                 modify the limit for narrowband from 1608-1610 MHz to ramp from -115
                     dBW/700 Hz to -110 dBW/700 Hz;
                 modify the limit for narrowband from 1559-1608 MHz to -115 dBW/700
                     Hz; and
                 modify the limit for narrowband from 1541-1549 MHz to -132 dBW/2
                     kHz.
           o For the downlink:
                 implement a -85 dBW/MHz limit for 1610-1650 MHz;
                 retain the -100 dBW/MHz limit from 1559-1610 MHz;
                 implement a -85 dBW/MHz limit from 1541-1559 MHz;
                 modify the limit for narrowband from 1610-1650 MHz to -95 dBW/700
                     Hz;
                 retain the limit for narrowband from 1559-1610 MHz to -110 dBW/700
                     Hz; and
                 modify the limit for narrowband from 1541-1559 MHz to -112 dBW/2
                     kHz.

       In recognition of the need to operate in a manner that is compatible with the aviation
        sector’s use of GPS and respects vital safety of life issues, the Commission should
        require, as a license condition, adherence to the following:
            o In addition to the EIRP limit for the 1526-1536 MHz band described above, the
                licensee would limit its power as necessary to achieve compatibility with current
                and any future MOPS insofar as they are incorporated into an active Technical
                Standard Order by the FAA.

       In lieu of any terrestrial use of the 1545-1555 MHz band, New LightSquared seeks to use
        a contiguous 10 MHz band at 1670-1680 MHz, which would provide the needed
        coverage for its terrestrial network. The alternative 10 MHz of downlink spectrum
        consists of:
             o 1670-1675 MHz, which New LightSquared already has authority to use
                nationwide by virtue of its leasing arrangement with Crown Castle, and
             o 1675-1680 MHz, which New LightSquared proposes should be reallocated for
                sharing with certain existing federal government users. In the context of, and
                contemporaneous with, the instant Modification Application, New LightSquared

9
 Please note that -43 dBW/MHz is a conductive power limit, and each time -43 dBW/MHz
appears in these Modification Applications, it represents a conductive power limit. All other
power limits are expressed as EIRP.


                                                 7


                in its Comprehensive Proposal is renewing its request for the Commission to
                reallocate the 1675-1680 MHz band on a shared basis for a commercially useable,
                terrestrial wireless broadband service, and to auction that spectrum.10

                Thus, New LightSquared in effect proposes to provide GPS receivers a significant

guard band from terrestrial services. The import of these changes is that the Commission can

secure these operational restrictions for the entire GPS community and also promote the public

interest benefits of a new, robust broadband network. Furthermore, having major GPS

manufacturers agreeing to a set of parameters that allow for compatibility of terrestrial

broadband and GPS is a major step forward for U.S. leadership in harmonizing terrestrial use of

L-band in other countries. International harmonization will also be advanced by the timely

incorporation of these limits into the 3GPP process, which will establish the technical foundation

for compatible use wherever this service is authorized.

II.      THE PROPOSED LICENSE MODIFICATION WOULD YIELD SUBSTANTIAL
         PUBLIC INTEREST BENEFITS

         A.     The Need for Additional Spectrum for Mobile Broadband Remains as Acute
                as Ever.

                An urgent and fast-growing need exists for additional spectrum to be made

available to support the transition to 5G and to support mobile broadband services more broadly.

As CTIA explains, “making additional spectrum available remains critical to meeting consumer

demand, promoting economic growth, and enhancing our Nation’s global competitiveness.”11

CTIA estimates, for instance, that the network traffic generated by a smartphone is 49 times




10
     See Comprehensive Proposal at 3–4.
11
     CTIA The Wireless Association, Ex Parte Letter, WT Docket No. 13-135 (Oct. 2, 2014).


                                                 8


more than a basic handset, and smartphone traffic is predicted to increase 325% by 2018.12

Furthermore, mobile video traffic has exploded 733% from 24 PB a month in 2010 to 200 PB a

month in 2013. Consequently, about 56% of all mobile data is now data-intensive video, which

will increase by 600% by 2018.13 And despite the increase in data use along all sectors, the

United States has the least amount of spectrum available per LTE capable device compared to its

G7 peers: only 0.65 Hz/LTE capable device. By contrast, Canada provides its citizens with 37

times as much spectrum per person as the U.S. (24.21 Hz/LTE), and Japan provides four times

more than the U.S. (2.58 Hz/LTE).14 The bottom line, as President Obama has explained, is that

it is necessary to “make available even more spectrum and create new avenues for wireless

innovation.”15 Jason Furman, Chairman of the President’s Council on Economic Advisors

(“CEA”), has stressed that “[t]he fact that increasing demand for this crucial resource is straining

the current supply testifies to just how essential spectrum is.”16

                Mr. Furman has further explained that the stakes for managing spectrum properly

are high: “[t]he continued primacy of the United States in this Internet economy . . . depends on


12
   CTIA The Wireless Association, Ex Parte Letter, WT Docket No. 13-135 (Oct. 2, 2014)
(“CTIA Ex Parte”) citing CISCO, VNI Mobile Forecast Highlights, 2013-2018, available at
http://www.cisco.com/assets/sol/sp/vni/forecast_highlights_mobile/index.html#~Country)
(“CISCO Forecasts”).
13
     CTIA Ex Parte citing CISCO Forecasts.
14
  CTIA Ex Parte citing Roger Entner, Spectrum Fuels Speed and Prosperity, Recon Analytics, at
7–8 (Sept. 2014).
15
   The White House, Office of the Press Secretary, Presidential Memorandum -- Expanding
America’s Leadership in Wireless Innovation (June 14, 2013), available at
https://www.whitehouse.gov/the-press-office/2013/06/14/presidential-memorandum-expanding-
americas-leadership-wireless-innovatio.
16
   Jason Furman, Chairman, Council of Economic Advisers, Remarks on Public Sector Spectrum
Policy, Brookings Institution (Sept. 23, 2014), available at
https://www.whitehouse.gov/sites/default/files/docs/remarks_on_public_sector_spectrum_policy
_jf.pdf.


                                                  9


our ability to get spectrum policy right. The United States currently leads the world in 4G

wireless internet availability, with nearly half of the global subscriber base residing in the United

States, but such a future is uncertain if we do not improve access to and management of the

spectrum.”17 Chairman Wheeler acknowledged the same when he explained the benefits of

making more spectrum available: “More spectrum means more speed, capacity and ubiquity of

mobile broadband services such as 4G LTE and Wi-Fi networks.”18

                  In sum, the need for additional spectrum for mobile broadband services remains

more pressing today than ever. In this regard, the Commission and NTIA have an obligation to

explore every possible solution not to abandon use of L-band for terrestrial broadband and to

seek to reap the significant public interest benefits of New LightSquared’s mobile broadband

network.

           B.     To Protect the Aviation Sector, New LightSquared Requests that the
                  Commission Impose a License Condition Related to FAA/RTCA MOPS.

           New LightSquared recognizes the paramount importance of safety issues related to

certified aviation GPS receivers. Because aviation GPS receiver certification and operational

standards have an existing, well-established, and robust process, and because New

LightSquared’s work with the aviation community and that process is ongoing, New

LightSquared requests that the Commission impose a license condition with reference to current

and any future FAA/RTCA standards. The Garmin agreement specifically excludes certified

aviation receivers, thus leaving that issue open. To address the concerns of Garmin—a very


17
     Id.
18
   Testimony of Tom Wheeler, Chairman, Fed. Commn’c. Comm’n., Hearing on the FCC’s
Fiscal 2015 Budget Request Before the Subcomm. on Fin. Services and Gen. Gov’t, Comm. on
Appropriations, U.S. House of Representatives, at 1 (Mar. 25, 2014) (“Wheeler Testimony”),
https://apps.fcc.gov/edocs_public/attachmatch/DOC-326246A1.pdf.


                                                 10


significant aviation GPS manufacturer—as well as those of other important stakeholders, New

LightSquared proposes that its license be conditioned on power limitation requirements for the

1526-1536 MHz band necessary to achieve compatibility with current and future MOPS that are

incorporated into an active Technical Standard Order from the FAA.

       This license modification serves two complementary purposes. First, it enables the

Commission, as the essential license regulator, to perform its vital role and ensure safety of life

issues are addressed by imposing a condition on the license to achieve compatibility with

FAA/RTCA standards. In other contexts, the Commission has incorporated by reference

standards developed elsewhere, and required further coordination with parties rather than

establishing specific compatibility requirements.19 Aviation provides a similar compatibility

scenario, and the Commission should do the same here.

       Second, the proposed license modification recognizes that the FAA and RTCA have core

competencies in this field and a long and well-established multi-stakeholder consultation process

to address the specific types of issues presented here. LightSquared has long participated in that

process, and it commits to continuing to work with the FAA, the RTCA, and the rest of the

aviation community to address any concerns and ensure that its operations are compatible with

existing and future standards. This process would assess aviation-specific use cases and the

maximum New LightSquared EIRP that would be consistent with the interference tolerance

mask that exists for certified aviation equipment under the RTCA DO-229D and related MOPS,

both current and future, that are incorporated into an active Technical Standard Order from the

FAA. Because much of the necessary modeling has previously been constructed by the FAA and

19
   See, e.g., 47 C.F.R. § 25.253(c) and (f), which require further coordination—rather than up-
front resolution of compatibility concerns—with respect to commercial mobile radio services
providers, search and rescue satellite service, and aviation maintenance technology.


                                                 11


aviation stakeholders, New LightSquared believes that with a concerted and cooperative effort,

the necessary assessments could be completed in a timely manner.

       The advantage from the Commission’s perspective of this approach is that it is both self-

executing and “evergreen.” It is self-executing in that the Commission can impose this license

condition at any time, and whenever the FAA/RTCA adopts or amends such a requirement, that

obligation immediately falls upon the company. It is “evergreen” in that if ever the FAA/RTCA

should alter its requirement, then that new obligation becomes binding on the company as an

FCC licensee, without need for a Commission action. Finally, the FCC can—and should—

participate in the FAA/RTCA process, as appropriate, in order to further the FCC’s core

competencies and interests, including promoting broadband deployment.

       C.      Considerable Public Interest Benefits Would Be Realized by Deployment of
               New LightSquared’s Network.

               Chairman Wheeler has stressed the importance of striking a “fair balance that

serves the greater public interest” in matters related to spectrum management.20 By granting this

Modification Application, the Commission would be effectuating such a balance and allowing

New LightSquared to deploy a mobile broadband network that will offer substantial public

interest benefits. These benefits were recognized and relied upon by the Commission when it

initially considered New LightSquared’s plan for a mobile broadband network using MSS L-

band spectrum.21 The Commission, however, has also stated that public interest benefits are




20
  Tom Wheeler, Crafting Balanced Incentive Auction Rules in the Public Interest, Fed.
Commc’n. Comm’n. Blog (June 17, 2015), available at https://www.fcc.gov/news-
events/blog/2015/06/17/crafting-balanced-incentive-auction-rules-public-interest.
21
  See In Re Flexibility for Delivery of Commc’ns by Mobile Satellite Serv. Providers, Report and
Order and Notice of Proposed Rulemaking, 18 FCC Rcd. 1962, 1974 (2003).


                                               12


“dependent on … [New LightSquared’s] actually moving forward with its plan.”22 Since that

time, despite its best efforts, New LightSquared has been delayed in implementing its plan

because of concerns about the compatibility between New LightSquared’s terrestrial base

stations and GPS receivers. New LightSquared diligently worked with the GPS industry to reach

a successful resolution to those concerns, and New LightSquared still is in the best position

among any potential new broadband network operator to bring the benefits of a robust network

to the public in the near- and mid-term.

               In this Modification Application, New LightSquared has offered a comprehensive

solution to the GPS issue and a way to proceed with deployment of its broadband network. The

solution involves modifying the power and OOBE limits of New LightSquared’s licenses to be

consistent with the terms of the various settlement agreements with the Settling GPS Companies,

permanently abandoning New LightSquared’s right to deploy terrestrial downlink operations at

1545-1555 MHz, and permanently relocating those terrestrial operations instead to 1670-1680

MHz. Without this relocation, New LightSquared would not be able to deploy its broadband

network and the substantial promise of that network would be lost. Conversely, a grant of the

Modification Application would: (i) effectuate the carefully negotiated settlement agreements

with the Settling GPS Companies and advance long-term protection for the GPS industry, (ii)

recognize the vital issues surrounding aviation and setting forth a license condition to address

that concern, (iii) devote acceptable portions of the MSS L-band to broadband terrestrial use in

accordance with the national broadband plan, (iv) develop a new, robust mobile broadband


22
  In the Matter of Skyterra Commc’ns, Inc., Memorandum Opinion and Order and Declaratory
Ruling, 25 FCC Rcd. 3059, 3088 (2010).




                                                13


network, and (v) facilitate a private sector frequency coordination arrangement with federal users

that is supported by the extensive precedents of non-federal/federal spectrum use, and offers a

unique opportunity to advance the public interest on many fronts.

           D.      THE COMMISSION HAS AMPLE PRECEDENT FOR ADOPTING THE
                   PROPOSAL SUBMITTED HEREIN

                   On numerous occasions, the Commission has effectuated creative problem

solving solutions to manage spectrum interference concerns. In making the 800 MHz band

viable for services that would greatly benefit the public, the Commission undertook an extended

effort to rationalize that spectrum by reconfiguring the 800 MHz band to resolve interference

issues resulting from the differing uses of the interleaved channels in the band.23 It bears

emphasis that in recognition of the “public interest benefit derived from robust and reliable

public safety communications,” as well as the spectrum rights surrendered by Nextel in the 800

MHz Band, the Commission provided Nextel with spectrum in the 1.9 GHz Band.24 Another

example comes from the Commission’s relocation of the Digital Electronic Messaging Service

(“DEMS”) from the 18 GHz Band to the 24 GHz band, based on national security concerns.25 In

that case, the Commission acted at the request of NTIA, in order to address Department of

Defense concerns regarding potential interference from DEMS into military satellite earth

stations in Denver and Washington, D.C. operating in the 18 GHz Band. By relocating DEMS to

the 24 GHz band and providing DEMS access to twice the amount of spectrum originally


23
  See Improving Public Safety Communications in the 800 MHz Band, 19 FCC Rcd. 14969
(2004).
24
     Id. at ¶ 5.
25
  See Amendment of the Commission’s Rules to Relocate the Digital Electronic Message Service
From the 18 GHz Band to the 24 GHz Band and to Allocate the 24 GHz Band for Fixed Service,
12 FCC Rcd. 3471 (1997); aff'd, 13 FCC Rcd. 15147 (1998).


                                                 14


licensed, the Commission resolved these concerns, as well as concerns about the sharing of the

18 GHz Band with commercial satellite services.26

               In short, the proposals contained in these Modification Applications and the

Comprehensive Proposal present the Commission with a solution that substantially advances its

goal of making more broadband spectrum available, thus advancing public interest benefits, and

at the same time securing specific protections for private interests that also serve the public

interest. The modifications proposed herein offer the Commission a heightened assurance of

effectiveness because they reflect an engineering-based solution reached after months of

deliberative, good-faith negotiations regarding compatibility concerns.

III.   GRANT OF THE LICENSE MODIFICATION SHOULD BE COUPLED WITH
       REALLOCATION OF 1675-1680 MHz TO SHARED USE, FOLLOWED BY AN
       AUCTION

       A.      The 1675-1680 MHz Band Is an Ideal Band to Serve as New LightSquared’s
               Alternate Downlink Spectrum.

               New LightSquared’s proposal to provide GPS receivers an immediate, additional

10 MHz guard band from terrestrial services by abandoning all terrestrial authority for the upper

10 MHz downlink band at 1545-1555 MHz means that New LightSquared’s network cannot be

deployed now without access to alternative downlink spectrum that is compatible with New

LightSquared’s two L-band uplink bands at 1627.5-1637.5 MHz and 1646.5-1656.5 MHz. To

fill this immediate need and, therefore, to enable the deployment of an operational terrestrial

broadband network, New LightSquared proposes to reallocate the 1675-1680 MHz band to

shared use with federal government users in a commercially and technically viable manner, and


26
  In doing so, the Commission invoked the “military function” exception to the Administrative
Procedures Act, facilitating Commission action within approximately two months and without
notice and comment procedures. See 5 U.S.C. § 553(a)(1).


                                                 15


then to auction that band with appropriate bidding credits. If successful at auction, New

LightSquared would use this 5 MHz along with New LightSquared’s currently-leased spectrum

in the 1670-1675 MHz band to create a contiguous 10 MHz downlink channel for terrestrial

wireless broadband services.27

                Given its present use of the 1670-1675 MHz band, New LightSquared has

extensive experience coordinating the adjacent 5 MHz band with the federal government. The

company has used this experience to build out a record that the Commission can use to move

forward with a Notice of Proposed Rulemaking on this band.28 New LightSquared remains

ready to work with NTIA in establishing the operating parameters and safeguards that will be

built into the service rules and license conditions to ensure its interests are protected.

         B.     The Commission’s and NTIA’s Rules and Precedents Permit the Commission
                to Authorize Non-Federal Use of the 1675-1680 MHz Band.

                New LightSquared’s proposal to reallocate spectrum currently used by federal

agencies to shared use is well supported by prior precedents. Over the years, the Commission

and NTIA have cooperated in applying their respective public interest mandates to foster sound

spectrum management and inject flexibility into the division of the radio spectrum between

federal users and non-federal users. The most recent example is the Commission’s effort that

freed up substantial spectrum in connection with the successful AWS-3 auction. Other examples

include the use by non-federal law enforcement agencies of a primary federal frequency for




27
  New LightSquared currently is authorized to operate at 1670-1675 MHz by virtue of a leasing
agreement through One Dot Six Corp. to which the Commission has consented. See ULS Lease
ID L000007295.
28
     See Comprehensive Proposal at 3–4.


                                                  16


stolen vehicle recovery,29 a commercial satellite operator to use federal frequencies to provide

satellite service to the Navy,30 an energy exploration company to timeshare NASA satellite

capacity to provide commercial satellite service,31 and commercial digital message providers to

use federal spectrum as a substitute for originally-licensed spectrum that could not be used

because of potential interference to government stations.32 In each instance, the Commission and

NTIA found that such flexible and innovative spectrum management initiatives served important

national goals that could be served in no practical way other than by cooperating to give private

parties access to spectrum that either was used exclusively or primarily by federal agencies.

               The reallocation of 1675-1680 MHz that New LightSquared seeks is supported by

these precedents and is well within the authority of the Commission and NTIA to provide.

Given concerns about GPS compatibility with use of New LightSquared’s licensed L-band

downlink, obtaining access to 1675-1680 MHz is an efficient solution that would allow New




29
   Amendment of Parts 2 and 90 of the Commission’s Rules to Provide for Stolen Vehicle
Recovery Systems, 3 FCC Rcd. 7195 (1988) (frequency initially allocated exclusively for federal
use re-allocated on a shared basis between federal and non-federal users for the purposes of
stolen vehicle monitoring and recovery use).
30
  Hughes Communications Services, Inc., FCC 79-809 (rel. Dec. 10, 1979) (authorizing
construction of LEASAT satellite system on federal frequencies).
31
  In the Matter of Modification Application of SpaceData International LLC; For Authority to
Operate on a Time Share Basis NASA’s Tracking and Data Relay Satellite System, 16 FCC Rcd.
9266 (Chief IB 2001) (authorizing use of federal TDRSS spectrum for searching for oil and gas
deposits on ocean floor).
32
  See Amendment of the Commission’s Rules to Relocate the Digital Electronic Message Service
From the 18 GHz Band to the 24 GHz Band and to Allocate the 24 GHz Band For Fixed Service,
12 FCC Rcd. 3471 (1997) (federal spectrum made available for DEMS to substitute for
originally assigned spectrum that could not be used because of potential interference to
government stations).


                                                17


LightSquared to deploy its broadband network in a manner that already has been found to be in

the public interest.

IV.     NEW LIGHTSQUARED SEEKS TO PAIR ITS TWO UPLINK BANDS WITH
        THE NEW DOWNLINK BAND IN AN OPERATIONALLY-EFFICIENT AND
        COMMERCIALLY VIABLE MANNER

                New LightSquared’s proposals in this Modification Application regarding

terrestrial use of the L-band would leave it unable ever to use the 1545-1555 MHz band

downlink band for terrestrial operations. Accordingly, New LightSquared seeks appropriate

authorization to pair either of its two uplink bands at 1627.5-1637.5 MHz and 1646.5 MHz-

1656.5 MHz with the 1670-1680 MHz downlink channel proposed herein in an operationally

efficient and commercially viable manner. Moreover, New LightSquared recognizes that the

Commission may want to address this issue in the context of a Notice of Proposed Rulemaking

on the 1675-1680 MHz band. For these reasons, New LightSquared respectfully requests such

appropriate adjustments and further authorizations with regard to the Commission’s rules as may

be needed to facilitate the prompt processing and grant of this Modification Application.

V.      CONCLUSION

                New LightSquared’s proposed license modification and its corresponding

relinquishment of terrestrial rights for the 1545-1555 MHz band present the Commission with a

constructive and comprehensive approach to resolve the issues that, to date, have precluded the

deployment of its terrestrial network. New LightSquared remains committed to fulfilling the

Commission’s vision of providing a robust wireless broadband capability to the American

consumer that can enhance the transition from 4G to 5G. With the Commission’s granting of

this Modification Application, New LightSquared could achieve this goal in a manner that

directly implements the resolutions it has reached with the GPS industry regarding compatibility

concerns.

                                               18



Document Created: 2019-04-10 14:21:00
Document Modified: 2019-04-10 14:21:00

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