DOJ expected to Block/Restrict AT&T and Verizon in upcoming 600 MHz Auction

Not sure how this should be interpreted.  I think this is intrusion into the competition but . . . I think the DOJ is naive about the value of spectrum in rural markets and the appetite for carriers to build more capacity in those areas when they haven't built out the current spectrum.

AT&T, Verizon may face restrictions in 600 MHz auction

In a significant blow to U.S. mobile market leaders AT&T (NYSE:T) and Verizon Wireless (NYSE:VZ), the U.S. Department of Justice called on the FCC to ensure Sprint Nextel (NYSE:S) and T-Mobile USA have ample opportunity to acquire 600 MHz spectrum that will be made available via 2014's incentive auctions of TV broadcast frequencies.

"The Department concludes that rules that ensure the smaller nationwide networks, which currently lack substantial low-frequency spectrum, have an opportunity to acquire such spectrum could improve the competitive dynamic among nationwide carriers and benefit consumers," said the DoJ's Antitrust Division.

The DoJ successfully prevented AT&T's proposed acquisition of T-Mobile in 2011, going so far as to file suit to prevent the deal. Its new FCC filing could set the stage for restrictions on bidding by AT&T and Verizon, the nation's largest mobile operators and holders of considerable amounts of 700 MHz and 800 MHz spectrum, which is particularly useful for transmitting broadband data inside buildings and over long distances in rural areas.

Read more: AT&T, Verizon may face restrictions in 600 MHz auction - FierceBroadbandWireless http://www.fiercebroadbandwireless.com/story/att-verizon-may-face-restrictions-600-mhz-auction/2013-04-14#ixzz2QdHwOhvN
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T-Mobile Pushing Commission for Mobile Broadband at 600 MHz

Finally a plan for the use of broadband spectrum at 600 MHz and above that makes some sense!

T-Mobile pushes its own plan for 600 MHz mobile broadband

T-Mobile supports much of the FCC's plan to reallocate and reassign 600 MHz spectrum from broadcast TV to mobile broadband use but is suggesting a number of tweaks, wrote Kathleen Ham, T-Mobile's vice president of federal regulatory affairs, in a blog post on the company website.

A group of wireless carriers, broadcasters and manufacturers recently suggested locating all paired spectrum above TV Channel 37. "While we are open to further study with the FCC on the best plan to maximize paired spectrum in the auction, this approach has the benefit of avoiding certain potential interference issues that exist with the FCC's lead plan and would encourage rapid development of devices that meet consumer expectations for cost and size," said Ham.

Read more: T-Mobile pushes its own plan for 600 MHz mobile broadband - FierceBroadbandWireless http://www.fiercebroadbandwireless.com/story/t-mobile-pushes-its-own-plan-600-mhz-mobile-broadband/2013-02-04#ixzz2Jy0BrUx9
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Sprint and Dish Fight over Clearwire

Interesting view of how the "big boys" fight over spectrum!

 Dish trumps Sprint with surprise bid for Clearwire

By Sue Marek

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Dish Network (NASDAQ: DISH) made an unsolicited offer to purchase Clearwire (NASDAQ:CLWR) for approximately $3.30 per share. The deal competes with a previous bid for the company by majority shareholder Sprint Nextel (NYSE:S), which bid $2.2 billion last month. According to a statement from Clearwire, Dish wants to acquire Clearwire spectrum covering approximately 11.4 billion MHz-POPs, which is approximately 24 percent of Clearwire's total spectrum holdings, for $2.2 billion. As part of the deal, Clearwire could sell or lease an additional 2 MHz of its spectrum to Dish and it could also provide certain services such as network management, construction and maintenance for a network in the AWS-4 spectrum.   Clearwire said a special committee made up of members of its board is reviewing the Dish offer but the company has not made any changes to its deal with Sprint. Sprint last month made a $2.97 per share, or approximately $2.2 billion, offer to buy 49 percent of Clearwire's shares that the company does not already own. In a statement, Dish confirmed its Clearwire offer and said it was looking forward to working with Clearwire's special committed on the proposal. Interestingly, Clearwire said that it received a response from Sprint in response to Dish's proposal to purchase Clearwire's spectrum. Clearwire said that Sprint "reviewed the Dish proposal and believes that it is illusory, inferior to the Sprint transaction and not viable because it cannot be implemented in light of Clearwire's current legal and contractual obligations. Sprint has stated that the Sprint Agreement would prohibit Clearwire from entering into agreements for much of the Dish proposal."  Sprint listed a number of reasons Clearwire could not enter into a transaction with Dish Network, including that Clearwire is prohibited from selling spectrum without Sprint's consent. "Sprint has made it clear that they will not sell their 63% stake, so Dish can't take control of the asset--what is their angle?" wrote New Street Research analyst Jonathan Chaplin. "We can think of four things: 1) they are pushing for a higher bid from Sprint; 2) they are pushing for Clearwire / Sprint to sell them some spectrum and / or network assets on favorable terms; 3) they are pushing for a spectrum hosting deal with Sprint on favorable terms; 4) they are pushing for Sprint to buy DISH or their spectrum.  Whatever Dish's objective, this bid will complicate Sprint's acquisition of Clearwire, at least temporarily." Chaplin said he believes Sprint will ultimately acquire Clearwire. Other analysts were also puzzling through the motivations of Dish Chairman Charlie Ergen, who has said he would like to partner with a wireless carrier to help build out the company's planned LTE Advanced network using its 40 MHz of AWS-4 spectrum. "It's hard for me to imagine that what Dish wants is Clearwire," Sanford C. Bernstein analyst Craig Moffett told Bloomberg. "It could be a chess move to get a partnership with Sprint." Some analysts think the bid could just be a way for Dish to slow down the regulatory approval and close of the Sprint/Clearwire deal. Sprint and Dish tussled extensively over the FCC's review of Dish's spectrum. Dish has also signaled it will formally oppose Japanese operator Softbank's deal to acquire 70 percent of Sprint for $20.1 billion in light of the Clearwire transaction. Dish signaled that it is concerned about a foreign company owning so much U.S. spectrum and that the deal might give Sprint too much spectrum. Dish would get a great deal out of a partnership with Clearwire, but such a deal seems unrealistic at this point, wrote TMF Associates analyst Tim Farrar. "While Ergen's offer therefore seems like a deal that would be good for Dish, it's hard to see that Dish could realistically expect to succeed, given Sprint's majority ownership of Clearwire's equity and expressed intention to block this deal," he wrote.

FCC PLANS TO ENFORCE UHF/VHF NARROWBANDING MANDATE

Aug 28, 2012 5:26 PM, By Donny Jackson

More From Policy & Law

• PSCR seeks global support for public-safety LTE
• FCC plans to enforce UHF/VHF narrowbanding mandate
• Video: Dowd on FirstNet board appointment
• Gurss: Congress may have to revisit T-Band mandate
• NTIA releases information on planning grant program for 700 MHz LTE

» more

With a little more than four months left until LMR systems operating on frequencies below 512 MHz are required to migrate from 25 kHz channels to 12.5 kHz channels under the FCC’s narrowbanding rules, licensees should be prepared for enforcement consequences if they do not meet their obligations or secure a waiver from the agency, a commission official said last week.

“In the past year, we’ve seen a lot of progress, as many licensees have migrated their systems to narrowband operations—this has been very gratifying,” David Furth, deputy chief of the FCC’s public safety and homeland security bureau, said during a session at the Association of Public-Safety Communications Officials (APCO) conference last week. “But we still have thousands of public-safety licensees who are operating in wideband mode, and time is short.

“Let me reiterate what the commission has said all along: We are not moving the narrowbanding deadline. It is, and will be, Jan. 1, 2013.”

Furth said affected licensees have two choices to remain in compliance: make the transition to narrowband technology or get a waiver from the FCC. The commission has detailed the conditions for waiver approval, one of which takes into account when a waiver application is filed, Furth said.

“In order to obtain a waiver, you need to make a timely request—that means now, if you have not filed a waiver,” he said. “I cannot overemphasize that waiver requests that are filed at the 11^th hour before the deadline will be viewed with skepticism and are very likely not to be granted.”

Affected licensees that fail to narrowband and do not obtain a waiver will suffer consequences, Furth said.

“Will the commission enforce its rules? The answer is emphatically, ‘Yes,’” he said. “We are already working with the FCC’s enforcement bureau to prepare for 2013, and the enforcement bureau plans to issue guidance soon, reminding licensees of their narrowbanding obligations and of the commission’s intent to aggressively enforce the narrowband mandate.

“It is important to get the word out to your friends and neighbors to make sure that everyone is taking this obligation seriously. This is serious.”

Harsh words from David Furth to the Public Safety world, but can anyone imagine the FCC actually shutting down a Public Safety Network in January 2013 because they did not narrowband?  I certainly can't. 

If you want an example of an FCC hard deadline in the Public Safety world I will refer you to the 800 MHz Re-Banding Mandate issued in August 2004 to be finished in December 2007, it is now August 2012 and it is still not done and the process has outlived not only Nextel, but the actual iDEN Network which is now being decommissioned. 

It will be an interesting 2013 in the regulatory world!

Marc 

Sprint to end iDEN service as soon as June 30, 2013

The death of a great technology in North America, although iDEN lives in the international market and few legacy Harmony Systems around the US!


Marc




From FierceWireless today (May 29 2012)

Sprint Nextel (NYSE:S) said it will shut down service on its 2G iDEN network as early as June 30, 2013. The sunset of Sprint's legacy Nextel network is part of the carrier's Network Vision network modernization plan. It also serves as a period to Sprint's $36 billion acquisition of Nextel in 2005. Sprint said it will send written notices to iDEN business and government customers beginning June 1 regarding the shutdown, and will offer them a "smooth migration" to Sprint's Direct Connect CDMA push-to-talk service. The carrier said it will continue to send notices to its iDEN customers about the planned shutdown over the next year. Sprint said its CDMA voice and data services on its PowerSource devices (dual-mode iDEN and CDMA devices) will still be available. The shutdown of the iDEN network, which Sprint has been discussing since late 2010, is one piece of its Network Vision upgrade, which centers on the deployment of new, multi-mode base stations. As part of the upgrade, Sprint plans to deploy LTE first in its 1900 MHz PCS spectrum and then later on the 800 MHz spectrum currently reserved for iDEN service. Sprint will also be upgrading its 3G network, reducing roaming and energy costs and deploying 1X Advanced voice services on its 800 MHz spectrum. Sprint has already begun the process of decommissioning iDEN cell sites. Sprint expects to take 9,600 iDEN sites offline by the end of the third quarter. The company has said many of these are sites are no longer needed because they were added when Sprint had roughly 20 million total iDEN Nextel customers; Sprint now has fewer than 6 million iDEN customers. The rest of the iDEN sites will be decommissioned in 2013. Last fall Sprint launched its CDMA Direct Connect service, powered by a new solution from Qualcomm (NASDAQ:QCOM), as part of its plan to migrate iDEN customers to CDMA. Sprint said its new Direct Connect service, which rides on Sprint's 1900 MHz spectrum, offers improved in-building coverage and will triple the square-mile reach of its current iDEN-based PTT service. Specifically, Sprint said its new PTT offering will cover 2.7 million square miles and a population of 309 million (with the addition of 1XRTT and roaming coverage), up from the iDEN network's 908,370 square miles covering a population of 278 million.  In addition to the iDEN announcement, Sprint also announced it entered into a new $1 billion credit facility with Deutsche Bank and a syndicate of other banks to finance equipment purchases from Ericsson (NASDAQ:ERIC) for Network Vision. Ericsson, which manages Sprint's day-to-day network operations, is one of the carrier's Network Vision vendors, along with Alcatel-Lucent and Samsung. The Network vision project, which Sprint expects to largely complete by the end of 2013, will cost $4 billion to $5 billion in total.

The Future of Part 22 T-Band Channels

The allocation of the 700 MHz D-Block to Public Safety Agencies has caused quite a stir since it was announced in February and recently signed into law.

We have produced an opinion for one of our clients which they have allowed me to share here.

An Opinion on the future of Part 22

Commercial Wireless Spectrum in the 470-512 MHz Band

(Commonly referred to as T-Band)

Introduction

Significant confusion exists relative to the future of all spectrum in the 470-512 MHz Band (commonly referred to as T-Band Spectrum) because of recent actions by Congress.  In the recently passed Middle Class Tax Relief and Job Creation Act of 2012 (the Act), Congress granted 10 MHz of spectrum at 700 MHz (referred to as the D-Block) to Public Safety Agencies nationwide to be used for a broadband network to provide a fully interoperable data and voice nationwide network using LTE technology for all public safety agencies.  The D-Block spectrum has a potential value of $20 billion + had it been auctioned to Commercial Wireless Carriers based on the bids received for the C-Block spectrum in the latest broadband auctions by the Commission in 2008. In addition to the $20 billion dollars worth of spectrum allocated to federal, state and local public safety agencies, Congress also allocated $7 billion in funds to be used for the construction of this new nationwide network.  As part of the requirement for the Congressional allocation of the spectrum and $7 billion in funds, Congress required that all Public Safety agencies currently operating in the 470-512 MHz band must “give back” all spectrum in use in this band.   The Congress has given Public Safety 11 years to clear this band.  The act apparently does not mention any Commercial Wireless Carriers (Part 22 of the rules). 

The implementation of the legislation is left to federal agencies with little or no direction from Congress.  On April 26, 2012 the Federal Communications Commission’s (the Commission) issued a Public Notice “announcing limited suspension of the acceptance and processing of certain applications for Part 22 and 90 services operating in the 470-512 MHz spectrum band (“T-Band”) in order to maintain a stable spectral landscape while the Commission determines how to implement recent spectrum legislation contained in the Middle Class Tax Relief and Job Creation Act of 2012 (“the Act”).  As described below, the suspension implemented by this Public Notice applies only to applications for new or expanded use of T-Band frequencies.”

Current Upheaval and Unknowns

The Act is clearly aimed at Public Safety licensees in the 470-512 MHz band operating under Part 90 of the rules.  While there are a limited number of Public Safety Agencies operating on 470-512 MHz frequencies under Part 22 of the FCC rules, these Agencies due so under rule waivers granted by the Commission.  Trade associations such as EWA, LMCC, UTC and others are filing petitions to obtain clarification as to the specific intent of the proposed rules and L&W believes this will eventually be sorted out but this is an election year and things always move at glacial speed through the halls of Washington and the Federal Bureaucracies.   It is L&W’s opinion that there will be no formal resolution emanating from the Commission until 2013.

However, as issued, the Commission’s “suspension” in the Notice of Proposed Rule Making (NPRM) clearly extends the freeze to non-public safety users utilizing Part 90 and commercial wireless carriers operating in Part 22.

What are the current realities for Part 22 T-Band licensees?

While Part 22 T-Band licensees are mentioned in the NPRM, this ruling has little or no affect on those licensees between now and 2023 or whenever the 700 MHz Public Safety LTE system is operational, whichever is longer. L&W does not envision this network being operational before 2028 if ever!

The reason this ruling has little or no effect on licensees operating under Part 22 is because the licenses are economic area-based with defined coverage contours.   Part 22 economic area licensees do not:

1.     require frequency coordination prior to making system changes;

2.     need to seek FCC permission to move sites or deploy frequencies.

Additionally, Part 22 economic area licensees have never been able to expand their coverage outside their economic area without a wavier. 

What is the likelihood that Part 22 & Part 90 T-Band users will be compensated for their relocation to “other spectrum” and when might this happen?

Significant precedent that exists at the Commission provides insight into how the Commission deals with involuntary relocation of existing licensees.  Typically the Commission will make spectrum available for existing licensees and will typically provide re-location financial assistance to the incumbents.  These precedents were set in the late 1990’s when the 2 GHz microwave band was re-allocated to allow the 1.8 GHz spectrum to be auctioned for Personal Communication Services (PCS).  Congress followed this precedent in providing 700 MHz spectrum and funding to Public Safety users who are being “relocated” out of the 470-512 MHz band. It is L&W’s opinion that for Part 22 licensees this precedent will be followed.

Go Forward Opinions for Users in Urban Markets needing 450 – 512 MHz Spectrum

If you are an existing Part 90 user operating in the T-Band, L&W’s first recommendation is not to panic.  The rules are clearly evolving; if you are currently licensed and do not need to make changes to your current system, you have at least 9 + years (and probably longer) before you have to be re-located.

However, if you are a new user requiring UHF (450 MHz to 512 MHz) spectrum for a new or expanded system then you have a major challenge if you are operating in an urban environment, particularly in any one of America’s top 10 cities, in the next five years.

In theory, additional spectrum will be freed up in 2013 as a result of narrow banding, but in practice, this will likely not be the case.   First, all indications are that many licensees are going to miss the January 1, 2013 deadline, adding significant confusion to the frequency approval and coordination process going forward.   Secondly, the FCC has already granted a number of waivers for users extending the narrow banding process well into 2013.  Finally, even when every user completes the narrow banding process, there are going to be significant challenges facing the coordinators and the Commission in dealing with some users who achieved narrow banding by implementing digital equivalent bandwidths by retaining their existing 25 KHz channels or who have chosen to go directly to 6.25 KHz equivalence through the implementation of Digital Mobile Radio (DMR) on a 12.5KHz channel.    L&W has yet to see a “narrow band” spectrum plan released by the Commission to provide coordinators and system planners, let alone regulators, with reasonable guidelines as to how to effectively manage a new spectrum landscape that is not yet stable.  L&W believes clients can expect an NPRM from the Commission in late 2012 or on January 3, 2013 announcing a freeze on new applications for channels until the landscape of spectrum below 512 MHz is sorted out after narrow banding.  Also, expect the Commission to grant additional narrow banding wavers as the January 1, 2013 narrowband deadline draws near.

The changing landscape of spectrum regulation and the spectrum shortage that exists in all major metropolitan areas leaves users with few if any options.  However this creates a unique opportunity for current Part 22 licensees in major urban areas who have spectrum capacity and are willing to sell or lease to industrial users.   L&W believes the risk associated with the Part 22 T-Band spectrum is minimal in the short-term and manageable in the long-term based on prior precedent established by the Commission to provide users who are required to re-locate with new “equivalent” spectrum. 

Consequently, L&W recommends to its clients seeking UHF spectrum in urban markets to seek out the local Part 22 licensee and work with them to solve their short-term and long-term spectrum needs. 

Carriers are warning that there simply isn't enough spectrum

There is no doubt that wireless networks are growing exponentially and in fact the rapid adoption of SmartPhones and Tablets are driving more and more demand for streaming video services.  Verizon is proposing to solve it's spectrum crunch by buying spectrum from cable companies such as Comcast, Cox and Time Warner.  This is an interesting play, Verizon is willing to fork over $3.9 billion for spectrum from the cable industry (acquired in various auctions over the years) and trying to sweeten the deal by offering to drive revenue to its network and Verizon's cable partners by delivering content in real time to their subscribers. And it eliminates wireless carrier competition at the same time.

While the business idea is intriguing, if there is a spectrum crunch as the carriers are saying, then won't this plan of driving more useless video drivel to be delivered in real time on the already overtaxed wireless networks just add to the spectrum problem?  Seems to me that it would indeed!

Makes me wonder if carriers really are experience any spectrum shortage!

Marc

NTIA Finds 95 MHz of Spectrum for wireless proposes shaing!

The headline above appeared this week in Fierce Wireless.  On the surface this is great news for wireless users, particularly for carriers who need more spectrum to expand networks, and especially for LightSquared.  You all remember LightSquared, backed by Obama support Phillip Falcone and who is threading to sue the pants off the taxpayers to recover Mr. Falcone's $3 billion investment.  Do not be surprised to hear in coming months, that LightSquared has been . . . "awarded access to 30 MHz nationwide, of the 95 MHz freed up at taxpayer expense, by NTIA"!  Of course that will make Mr. Falcone's invest worth $30 billion again and position him to funnel even more campaign contributions to the re-election campaigns of politicians who, "understand the value of bringing broadband service to more American's thus taking a step closer to closing the ever growing "broadband divide".

Of course, as I sometimes do, I digress.  It really is good news for all users that NTIA is at least "mining" some spectrum.  But I caution all non-carrier, non-public safety users, DO NOT GET EXCITED about this press release by NTIA because as NTIA points out, "One of the issues the NTIA identified in moving federal users out of the spectrum is that, given the growing demand for spectrum by both industry and the federal agencies, it is increasingly tough to find spectrum to move from and into.

Additionally, the NTIA said its analysis of the cost of a complete relocation of the 95 MHz raises questions as to whether the proceeds from auctioning the spectrum will exceed federal relocation costs, as required by law. The NTIA also said that some of the federal systems in this band may require more than a decade to relocate, which could further complicate deployment of commercial wireless broadband."

So our council is to go forward keeping an eye on the spectrum, which L&W will do for our clients, and be ready to move quickly if and when there is something more than press release about spectrum put forth by NTIA.

Marc

Harbinger, LightSquared face investor lawsuit, $56M payment

Well it looks like troubles continue to mount for Harbinger Capital!

Last Friday, on an investor call, Phillip Falcone said, "While it is clear that the investment thesis was dead-on, going through the regulatory and political process here has been very disturbing, to say the least," Falcone said, according to the Wall Street Journal. "We are continuing to plow ahead on a number of different fronts. ... We are continuing to evaluate a number of the options we believe we have."

So let's just examine those two statements individually,  "While it is clear that the investment thesis was dead-on, going through the regulatory and political process here has been very disturbing, to say the least"  Reading this can't you imagine a White Star Line press release on April 15, 1912 saying that the maiden voyage of the Titanic was, except for that unfortunate event with that iceberg, superbly successful.  

"We are continuing to plow ahead on a number of different fronts. ... We are continuing to evaluate a number of the options we believe we have." which is clearly akin to Captain Smith on the Titanic  announcing to the passengers, "Ladies and gentlemen pay no attention to that ice on the deck, it is part of our North Atlantic cruise entertainment, please just enjoy the rest of your voyage, and by the way, drinks are on the White Star line for the rest of the trip! 

On Friday, Harbinger was sued by investors in the fund who claimed that they were misled over the "all in" investment Harbinger made in LightSquared, which has totaled more than $3 billion. Harbinger and its chief Philip Falcone "knew from the outset, or were reckless in failing to know, that LightSquared's technology interfered with GPS systems," according to the suit. The suit claims that because of LightSquared's status now, investors "stand to lose substantially all of the value of their investments." Harbinger declined to comment on the suit.

I believe that the investors are correct, do I believe they will recover their investment, not a chance!

Time will tell!

Marc

700 MHz Awarded to Public Safety - Now What?

Lumped into this weeks Payroll Tax Cut bill was an allocation of the long contested 10 MHz of spectrum referred to as the 700 MHz D Block.  The future of the D block has been in limbo since the 2008 spectrum auctions, but  this week Congress and the Obama Administration finally passed legislation that allocated the D Block to Public Safety for the construction of a nationwide LTE network.    Congress also kicked in an additional $7 billion of tax payer dollars to build the network and another $300 million for R&D for the network.

But you can be sure, that much like ObamaCare, there are sill many unknowns.  And public safety representatives are already saying $7 Billion isn't enough!  No one has yet thought or talked about where the money will come from to operate and maintain the system (but that money has to come from only one source and that is the US Taxpayer)  and nobody yet knows who is in charge of planning, designing, and managing the network buildout and operation.

However I am sure that this topic will dominate next weeks discussion at IWCE and for many months to come in the various halls of the lobbyist and equipment manufacturers who will no doubt play a major role in shaping the success of the network.

I expect the Public Safety Industry hasn't seen this much excitement since the 800 Re-banding plan was announced a few years ago.  BTW, anyone know how re-banding is going?  It's finished, right?

Marc

Upper 700 MHz Band Plan - The Public Safety D Block

The Public Safety D Block is actually two 5 MHz blocks of spectrum in the Upper 700 MHz band between 758 MHz to 763 MHz and 788 MHz to 793 MHz as shown below:

The LightSquared Whine Continues as the Commission suspends their waiver to use the 1.6 GHz band

After a very long and very public battle the Federal Communications Commission finally agreed that the laws of physics indeed could not be repealed, even with Obama's magical powers, and notified LightSquared that their waiver to use the 1.6 GHz spectrum will be suspended indefinitely thus ending LightSquared's plan to build a wholesale terrestrial based LTE network in the 1.6 GHz band. 


The surprise in this announcement is that the Commission actually did the right thing and went against the political pressure of LightSquared.   


But don't think that just because the FCC has ruled that this is the last you will hear from LightSquared.  Within hours of the announcement by the Commission, LightSquared launched their,  "we have been a victim of pure politics" campaign.    


Jeff Carlisle, LightSquared’s executive vice president for regulatory affairs and public policy, wrote on the company’s blog this week that the GPS industry had apparently become “too big to fail,” seeking protection from the federal government for its own mistakes.

“GPS manufacturers have been selling devices that listen into frequencies outside of their assigned spectrum band — namely into LightSquared’s licensed band,” Mr. Carlisle wrote. “The GPS industry has leveraged years of insider relationships and massive lobbying dollars to make sure that they don’t have to fix the problem they created.”

LightSquared's whine continued threatening legal acton and ramping up its lobbying efforts to attempt to gain access to spectrum for their network through a spectrum swap with federal agencies.  

The saga continues but never underestimate the power of having powerful friends (the President of the United States) as an investor in your company trying to make a $20 + billion spectrum play!  

Marc

"ITS A CRISIS SOMEONE IS GOING TO DIE IF WE DON'T ACT NOW!

Apparently LightSquared lobbyists have been unsuccessful in getting the laws of physics repealed, and have now shifted to the "Its a crisis, someone is going to die if we don't act now" tactic to attempt to entice the FCC to rule in their favor.

In an article in Urgent Communications Jeff Carlisle, LightSquared’s executive vice president for regulatory affairs and public policy, warned the public safety industry,  “The satellite company, in and of itself, is not sustainable over the long term — we know that,” Carlisle said. “It’s too small of a market to support the capital investment needed to launch a new satellite every 15 years. This is why you see a lot of satellite companies that have gone through restructuring.”  he then goes on to warn, "As long as we have a viable business, we will always be committed to our public-safety solutions,” . . . “We’ve got cutting-edge technology that nobody else has, and we’ll continue to be committed to that. Hopefully, we’ll be able to find our way through this thicket and make sure that this capability will be provided into the future.”  One presumes that Carlisle was referring to the push to talk satellite service that public safety agencies sometimes depend on, but but if you carefully read Carlisle's comments I am not sure that is what he means at all.


But none the less, the message is clear, LightSquared is clearly using the "ITS A CRISIS someone is going to die if we don't act now" tactic in an attempt to coerce the public safety industry and their unions to lobby for LightSquared.  


In reality, LightSquared has lost the technical argument (the facts), lost the legal argument, and has now entered the speak loudly an forcefully part of their campaign to get their spectrum repurposed!


I know LightSquared doesn't particularly like to answer practical questions about its network deployment but here are two questions, relative to the push to talk satellite argument they are now making, I am posing  to LightSquared:


1. How is the low powered push to talk satellite system used by public safety going to co-exist in a high powered (relatively) terrestrial based LTE network, without having those pesky laws of physic's repealed?


2.  When LightSquared's terrestrial network is fully deployed and operational why would LightSquared continue to invest millions every 15 years to launch a new satellite to support a market that LightSquared has admitted is ". . . too small of a market to support the capital investment needed to launch a new satellite every 15 years."? 


Marc

LightSquared poised to lobby for the Obama Administration to repeal selected the laws of physics!

From today's addition of Fierce Wireless,

LightSquared, whose principal investor is a very large Democratic Party supporter, has once again had the door shut on their plan to re-purpose spectrum allocated for satellite communications into a nationwide wholesale network, when yet another study group has concluded that the laws of physics do apply and  that the network, if it were ever to be built, would essential destroy the effective use of GPS in the United States.

It has been rumored however that the LightSquared lobbyists have a proposal ready for Congressional action that will appeal the laws of physics that are apparently stopping LightSquared's system roll out!  An unnamed source has indicated that Democrats in Congress are ready to fast track this legislation and the President, an investor in LightSquared, will sign it into law as soon as it hits his desk.

Marc

 LightSquared faces new roadblock after U.S. study finds GPS interference

By Phil Goldstein

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Wholesale LTE provider LightSquared faces new challenges to its plans to deploy its network after a federal advisory panel said on Friday that LightSquared's proposed network continues to interfere with GPS receivers and that no further testing is needed as a result. However, LightSquared sharply criticized the advisory board's work as "unfair and shrouded from the public eye" and threatened potential litigation over the issue. In a letter to the sent to Lawrence Strickling, head of the National Telecommunications and Information Administration, which is conducting tests of LightSquared's network, the National Space-Based Position, Navigation, and Timing Advisory Board said that testing of both LightSquared's original network plans and subsequent modifications show that LightSquared's proposed terrestrial network still presents harmful interference to GPS receivers. The panel advises the federal government on GPS issues. "There appear to be no practical solutions or mitigations that would permit the LightSquared broadband service, as proposed, to operate in the next few months or years without significantly interfering with GPS," Ashton Carter, deputy secretary of defense, and John Porcari, deputy secretary of transportation, wrote in the letter. "As a result, no additional testing is warranted at this time." The decision of the advisory panel is not binding, and the NTIA is still conducting its own analysis. The NTIA said the panel's recommendation with "help inform" its decision before it makes its recommendations to the FCC. LightSquared blasted the advisory panel as being too close to the GPS industry and for not testing filtering solutions proposed by LightSquared to mitigate GPS interference. "LightSquared today urges the government, under the leadership of the FCC and NTIA to recommit to a fair and transparent process," Terry Neal, a LightSquared spokesman, said in a statement. "Test results must be re-evaluated by unbiased officials and engineers. Testing must proceed in cooperation with all parties--LightSquared, government end-users, and GPS manufacturers--to ensure effective and appropriate guidelines are in place." Meanwhile, while LightSquared's network sits in regulatory limbo, the company keeps on signing up wholesale customers. LightSquared inked a wholesale deal with Hometown Telecom, a carrier specializing in low-cost long distance calls to India. The deal is LightSquared's 37th wholesale agreement.

LightSquared in a panic based on PNT Board Recommendation

Looks as if LightSquared has decided that since the science is against them on the interference issue with GPS receivers they will now argue "conflict of interest" about one member on the PNT Advisory board.  I suppose the old adage from the legal community that goes, "if the facts are against, you argue the law, if the law is against you, speak loudly and forcefully!  It seems that the LightSquared folks will be raising their voice very soon!  Notice that the article does not mention the fact that the LightSquared Chairman happens to have very close ties with and raised funds for the election of the current President.

Marc
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1. LightSquared urges probe of GPS advisory board member

By Phil Goldstein

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Wholesale LTE provider LightSquared is urging a probe of a federal GPS advisory board member, arguing that he has a conflict of interest because he also serves on the board of Trimble, which is opposed to LightSquared's network deployment plans. LightSquared filed a petition late Wednesday with NASA Inspector General Paul Martin over the board member, Bradford Parkinson, sometimes referred to as the "father of GPS" for his role in developing the technology for the military. Parkinson serves as the vice chairman of the National Space-Based Position, Navigation, and Timing Advisory Board, which advises the federal government on GPS issues, and also serves as a board member for Trimble, which is part of a coalition of companies that have argued LightSquared's terrestrial network would cause harmful interference to GPS receivers. In December, results of GPS testing conducted by the advisory board were leaked to the media and showed continued interference from LightSquared's network.  In its petition, LightSquared said Parkinson may have violated federal conflict of interest rules, and argued that if LightSquared's network deployment is approved by regulators, Trimble could be hurt financially because the company would need "to address the problematic design and manufacturing process that has resulted in its high-precision receivers looking into LightSquared's spectrum." Trimble is part of a group formed last March called the Coalition to Save Our GPS, which has argued that LightSquared's network will cause harmful interference and that its signal will overwhelm GPS receivers and precision-based GPS receivers in particular. LightSquared has repeatedly argued that GPS device makers are at fault because their receivers have been designed to look into LightSquared's L-band spectrum. Government testing conducted under the auspices of the National Telecommunications and Information Administration is still ongoing to determine if all GPS interference concerns have been resolved. Coalition spokesman Dale Leibach told Reuters that Parkinson's role as a GPS expert allowed him to serve at both the advisory board and Trimble. "It appears that LightSquared has now run out of solutions and has nothing left but baseless allegations about process," Leibach said. Pressure is mounting on LightSquared to get approval from regulators at the NTIA and FCC. Last week Philip Falcone, the head of the hedge fund Harbinger Capital Partners, which is the chief backer of LightSquared, met with FCC officials to press the company's case and argue for its plans to mitigate interference. Sprint Nextel (NYSE:S) has given LightSquared an extension until Jan. 31 to get FCC approval for its network, a condition of their 15-year, $9 billion network-hosting deal. However, Sprint has quit installing LightSquared equipment into its Network Vision network upgrade due to the situation. Meanwhile, Sen. Charles Grassley (R-Iowa) said he is requesting information from GPS companies about their contacts with the White House and regulators. The requests for information are part of a deal Grassley struck to get the FCC to turn over similar info about LightSquared's dealings with the government. Grassley has been investigating the conditional waiver the FCC granted LightSquared in January 2011 to allow its wholesale customers to deploy terrestrial service.

You heard it here first!

Despite the overwhelming evidence that LightSquared does cause interference with GPS receivers, I believe LightSquared will get conditional approval to move forward with its network, not because it has solved the interference issue, but because LightSquared is very well connected politically.  The fix is in to allow LightSquared to move forward, but not to worry about the interference, I also predict that LightSquared's network will never actually be built out as planned! 

Marc

Defense bill stacks deck against LightSquared

By Dan O'Shea

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LightSquared may be breathing a bit easier after getting a 30-day extension from Sprint on the deadline to meet the conditions of its LTE partnership with the mobile carrier giant, but eWeek reports that the controversial defense bill signed into law by President Obama just last week may further stack the deck against LightSquared. The National Defense Authorization Act of 2012, signed by President Obama on New Year's Eve, is drawing much more attention for its support of indefinite detainment of terror suspects, but it also includes language that applies to the LightSquared situation. As eWeek explains, a portion of the Space Activities section of the bill indicates that the Federal Communications Commission can't allow commercial terrestrial operations that interfere with the military use of GPS, unless the FCC can prove to Congress that any concerns have been resolved. If interference is found, as it has been in initial tests involving LightSquared's spectrum-though these tests didn't involve military-related satellite receivers--the Secretary of Defense must get involved to assess the interference and report back to Congress on how it will eliminated. At a time when the industry appears increasingly worried about its limited spectrum holdings, it's starting to seem like LightSquared's L-band spectrum doesn't have all that much value--or at least may not be worth the additional trouble. Maybe that's what Sprint is thinking, too. Suddenly, 30 days doesn't seem all that long of an extension, given what LightSquared needs to overcome, and not just at the FCC. It seems unlikely that Sprint was aware of the NDAA language before it let LightSquared have more time, not that waiting another 30 days really affects its LTE plans.