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Land Grab?

Upper 10 MHz of LightSquared Spectrum Can Never Be Used for Broadband, GPS Group Says

The Coalition to Save Our GPS said the FCC should permanently bar LightSquared from using the upper 10 MHz of its spectrum for wireless broadband. The coalition said even if LightSquared gets FCC clearance to use the lower 10 MHz for broadband, the upper 10 MHz should be off limits. LightSquared fired back, saying the coalition is only revisiting old arguments. The upper 10 MHz band is part of the spectrum identified for wireless by the FCC last year in its National Broadband Plan.

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"What we are simply asking the FCC to do is to state definitively what many parties are saying in general and that is that the upper 10 MHz is simply not viable and terrestrial operations should not be permitted there,” said Jim Kirkland, Trimble general counsel and coalition leader, during a call Tuesday with reporters. “We wanted to really clearly state our position here.” By providing clarity on the upper 10 MHz, chances are improved that a solution can be worked out on the lower 10 MHz band, he said.

The coalition isn’t suggesting that the upper 10 MHz band should lie fallow, Kirkland said. “This spectrum has all along been allocated for satellite services and satellite-based services, because they have similar technical characteristics, are completely compatible” with GPS,” he said. “There should be a way in which you can effectively utilize this spectrum for satellite uses, which was the original intent.” Kirkland said the LightSquared spectrum is unique in the interference threat posed: “There are no other bands that the FCC might consider for repurposing where there are literally hundreds of millions … [of] receivers out in use already, embedded in critical applications. There simply are no other situations this difficult."

"I want to make it clear that this is not an endorsement of the use of the lower 10,” said Craig Spence, vice president of the Aircraft Owners & Pilots Association, a member of the coalition. “Let’s just take the top 10 off the table altogether."

The coalition laid out its arguments in a filing at the FCC. “After several months of consideration, serious concerns remain about LightSquared’s potential use of its lower 10 MHz of spectrum,” the coalition said in the filing. “In the interest of bringing administrative finality to the FCC’s consideration of LightSquared’s proposed terrestrial use of the MSS band, and for the reasons set forth herein, the Coalition respectfully requests that the Commission promptly rule that LightSquared will not be permitted to pursue high powered terrestrial … operations in the upper MSS band in the future."

LightSquared, in an effort to head off interference concerns, proposed in June that initially it would use only the lower 10 MHz of the L-band spectrum. The company said 10 MHz was enough spectrum for its initial launch, while keeping open the option of later using the upper 10 MHz as well.

LightSquared called the FCC filing “a land grab” by “spectrum squatters who have failed to innovate their technology” and want to “formally expropriate” spectrum worth billions of dollars. “It’s been a few days since Trimble and other corporate interests that make up the Save Our GPS Coalition tried to grab headlines without saying anything new,” the company said in response. “Today …. the coalition reiterated its old demand that it be allowed to continue to sell devices and turn a profit using adjacent spectrum for free that is licensed to LightSquared.”