FCC Working Group Clarification Needed on LightSquared Waiver, Says GPS Group

Concerns over federal committee rules could delay efforts to address spectrum interference worries related to LightSquared’s service, the U.S. GPS Industry Council (GIC) said in an “emergency petition” filing at the FCC late Tuesday. The FCC International Bureau waiver that established a working group to address GPS-industry concerns with LightSquared’s coming service (CD Jan 27 p1) needs quick FCC clarification, said the GIC. That waiver lacked a description of “whether the working group lies outside the scope of the Federal Advisory Committee Act,” which includes federal requirements for establishing a working group, said the GIC in the filing -- http://xrl.us/bh969f. The GIC asked for clarification by Feb. 23, two days before the Feb. 25 deadline when LightSquared is required to submit its first report on the working group to the FCC.

Any work the group does toward addressing the interference worries could be negated if the group is later found to be noncompliant with FACA rules, the GIC said. FACA rules require federal agency-created working groups to publish notice of meetings in the Federal Register, permit interested persons to attend the meetings and make public information about the meetings. “Non-compliance with FACA where adherence is required can lead to injunctive relief that prevents the product of a defectively-constituted committee from being considered,” said the group.

"The working group will address GPS interference concerns, with the participation of federal agencies, industry and others,” said an FCC spokesman. “LightSquared will not be able to commence offering commercial service under the waiver until concerns regarding the potential for harmful interference have been resolved."

The GIC also asked how ex parte rules should apply if FCC staff members are at meetings, the filing said. Federal agencies and the GPS industry have raised concerns over the possibility of LightSquared’s terrestrial broadband service interfering with neighboring spectrum. An FCC waiver that enabled LightSquared to offer terrestrial-only service in spectrum allocated for mobile satellite services through resellers also tasked LightSquared with organizing a working group to allay those interference concerns. LightSquared must address the GPS interference issues to the FCC’s satisfaction before the company can begin service. LightSquared had no comment.

The FACA question should be taken up at the commission level, rather than at the bureau level, where the waiver went through, the GIC said. Federal agencies may decline involvement in the groups without clarification and the FCC should say if the waiver requirements would still be met if those agencies don’t participate due to FACA concerns, said the GIC. The GIC also asks if there will be a chance for public input on the report “prepared and submitted by LightSquared alone” if the group is found not be under FACA, before the FCC makes a decision on the report’s sufficiency.