Loss of ATC Authorization Doesn’t Mean LightSquared’s Demise, Carlisle Says

FCC cancellation of LightSquared’s ancillary terrestrial component (ATC) authorization won’t be the end of the LightSquared saga, said Executive Vice President Jeff Carlisle, speaking at the Satellite 2012 conference Monday. The FCC has proposed pulling LightSquared’s ATC authorization and an associated waiver that would have allowed the company to sell terrestrial service without including satellite component. Comments on the proposals are due Friday.

Asked about the possibility of a rescinded ATC authorization, Carlisle said at the “end of the day I don’t think there’s a legal technical policy reason to pull ATC authority.” The proposal to pull the ATC authority, potentially leaving LightSquared with fewer terrestrial rights than when it first asked for a waiver of ATC rules, was a surprising move by the agency, said Carlisle after the panel. Carlisle said several options remain, even a possible spectrum swap with the government, declining to discuss specifics.

The company is ready to fight on if the authorization is taken away, Carlisle said. “Were that to happen I think I can safely say this will go on to the next phase and we will all be at this for a long time to come.” Carlisle declined to describe the “next phase,” but said not to expect the company to “dry up and blow away.” While many expect LightSquared to eventually pursue litigation if the FCC blocks the company’s ability to provide terrestrial service, the exact nature of the litigation remains unclear.

Much of the discussion was about the years-long process that led to the LightSquared debate. Many of the problems stem from the condensed nature of the LightSquared proceeding, said Jason Rademacher, a lawyer at Dow Lohnes. While Dow Lohnes has represented Garmin, a major opponent of LightSquared’s service, Rademacher said he wasn’t being paid to represent the GPS interests on the panel. “One of the values that LightSquared brought” was the ability to get spectrum online fast, he said. “A lot of times when you try to do something fast, it doesn’t work out that well,” he said. That’s why the FCC typically uses a lengthy spectrum reallocation that can take over a decade, he said. The denial of Dish Network’s request (CD March 5 p1) for a similar waiver of MSS rules represents a “lesson learned” from LightSquared’s problems, said Rademacher.

GPS device makers disagreed over the technological roadblocks that LightSquared faces. Javad Ashjaee, CEO of Javad GNSS, who developed a filter for GPS devices said to improve resolution of interference issues with LightSquared, asked the GPS industry to admit one problem would be solved through that filter. But Bronson Hokuf, Garmin’s principal engineer for GPS systems, held up the a Javad filter and said the wide range of devices and sizes mean there is no one-size-fits-all approach. “It’s not a matter of simply taking one design that he’s developed and applying it to all those receivers.”