[BC] Lightsquared seeks Declaratory Ruling

[Jonathan E. Hardis]

On Dec 21, 2011, at 7:26 PM, Tom Taggart wrote:

> Don't count on rational action from this administration.
> Guess who has a financial interest in LightSquared (through
> predecessor company Skyterra):
>
> http://www.nypost.com/p/news/opinion/opedcolumnists/lightsquared_putting_donors_first_IzmqKmX1HZacJbMt6Y2dpK

There's an awful lot of misinformation out there on the LightSquared  
situation.  The key decisions that allowed LightSquared to build a  
high-powered network of ground stations were made years ago, during  
the Bush administration.  The actual issue in play at the FCC now is  
whether or not LightSquared can sell handsets that communicate with  
just the ground stations, as opposed to a requirement that they must  
be able to communicate with a satellite as well.  While a lot of stuff  
is playing out now that goes beyond this narrow question, it would  
have been better if it had played out years ago.

> Though I suspect both the NTIA (on behalf of the military) and the  
> FAA will shut down this scheme if the Commission doesn't act.

The FAA has no authority in this.  NTIA both regulates the Federal  
government use of spectrum (including that used by the FAA) and acts  
as the spokesman for the Administration on telecom issues.  NTIA and  
the FCC have joint regulatory authority on this issue (the NTIA for  
Federal spectrum and the FCC for non-Federal spectrum) and you can  
expect that they would be working together.

> If they don't, off to Federal District court.

Actually, it would be the DC Circuit court (which reviews FCC  
actions), but the FCC commissioners would have to act first.  The FCC  
decision being debated was made on delegated authority by the  
International Bureau (IIRC), and the first appeal goes to the full  
Commission.   However, it's a pretty safe bet that either LightSquared  
or the GPS industry will take this to court, sooner or later.

See also:  http://www.forbes.com/sites/danielfisher/2011/12/21/falcones-lightsquared-faces-enemies-on-all-sides/

      - Jonathan