Ligado Seeks FCC Approval of License Modifications Under Section 7 Rules
With an eye on mid-band spectrum for 5G, Ligado sought prompt FCC action on its license modification applications under section 7 of the Communications Act. They have been pending since Dec. 31, 2015, the company said Tuesday. Meanwhile, 40 MHz of spectrum that could be used for 5G isn’t (see 1906050062), the company said. Early in his chairmanship, Ajit Pai promised to “breathe life” into the section 7 rules (see 1703150020). The section requires the FCC to respond to petitions or applications proposing new technologies and services within a year. An NPRM on the section has been open since last year.
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“The record has been filled with evidence that the spectrum plan will protect certified aviation devices, that other GPS devices will not experience harmful interference, that Ligado will repair or replace as necessary any Government GPS device, and that other concerns brought by competitors have no engineering basis,” the company said in docket 11-109: “It sought approval of its Applications ‘to put to use this vital asset as part of the 4G to 5G transition that will soon commence.”
Three years and six months later, the FCC hasn't ruled on the applications, Ligado said. “Ligado is pioneering first-of-its-kind, seamless satellite and terrestrial connectivity enabled by this spectrum to deliver 5G and Internet of Things services to industrial customers via custom private networks,” the company said: “Such a proposal falls squarely within Section 7’s category of a ‘new technology or service.’”
Only the license modification approvals stand in the way of using the spectrum for 5G, Ligado Chief Legal Officer Valerie Green told reporters Tuesday. “Our goal is to bring this process to an end and move it to approval.” The agency made clear enforcement of section 7 is one of its goals, she said. Ligado will continue to work with Nokia and Ericsson “so that the moment that the FCC approves this spectrum we can get moving right away,” she said.
Consistent with section 7, 5G is “definitely still a new service,” Green said: “To be able to make 5G a reality, we need spectrum. We all know at this point that we need all of the different bands,” especially the mid-band. Ligado is also offering a unique, new way to combine terrestrial and satellite technologies, she said.
The commission’s “best response to our petition is to go ahead and grant the applications,” said Ligado outside counsel Gerard Waldron of Covington & Burling: “That is in our mind the logical next step.” A lot of people “have observed” the frustrations the regulator faced on 5G, he said.
Commissioners said after their June 6 meeting Ligado presents some tricky issues that still must be addressed before the agency can act (see 1906060056). The FCC declined to comment Tuesday.
“We have participated in testing, analysis, studies, workshops, reviews, and meetings, and time after time, we have accepted the burden to resolve concerns by modifying our plan,” said Ligado CEO Doug Smith in a statement. “But we can only wait so long -- especially when we are no longer debating substance … but waiting because of politics. Industries in need of spectrum simply cannot wait any longer. Ligado cannot wait, and the U.S. will not win the 5G race by waiting.”
Ligado is trying to put “5G pixie dust on GPS interference and make it go away,” said Recon Analytics analyst Roger Entner. “I don’t think the FCC is going to be swayed by that argument at all.” GPS proponents didn't comment.