LightSquared Is Unlikely to Be Able to Convince a Count That Testing Was Unfair
At this point, the only ray of hope that LightSquared has, and its a faint one indeed, is to convince a court that the testing was sufficiently unfair to reverse the FCCs decision. While the secret testing by the military that took place in November may give it some ammunition, the FCC is rarely, if ever, overturned on technical decisions. Considering that the NTIA, the Pentagon, the FAA and other agencies are also calling for LightSquareds plan to be killed, the chances of success are vanishingly small.LightSquared profoundly disagrees with both the NTIAs and the PNTs recommendations, which disregard more than a decade of regulatory orders, and in doing so, jeopardize private enterprise, jobs and investment in America's future, according to a company statement. NTIA relies on interference standards that have never been used in this context, and were forced by the GPS community in order to reach the conclusions presented today, the company added. This, together with a severely flawed testing process that relied on obsolete and niche devices, shows that the FCC should take the NTIA's recommendation with a generous helping of salt. LightSquareds problem is that the company is the only party to this proposal that thinks its plans are right. GPS users both in the government and in private industry instead say that the company has had its chance, and it has failed to prove that its data network can operate without killing GPS. After a year of extensive testing, NTIA has now conclusively stated that LightSquareds operations will interfere with GPS and that there is no viable mitigation path for the foreseeable future, said Jim Kirkland, vice president of Trimble and a founding member of the group Save our GPS. The findings of widespread interference include serious threats to safety-of-life systems, as the FAA report details. The NTIA findings follow hearings in Congress in which the FAA and the Commerce Department argued strongly that the LightSquared plan should be shelved. The announcement by the FCC indicates that it will be. Overall, much of the last years drama could have been avoided if the FCC had required LightSquared to prove its case prior to issuing a license to operate in the radio bands that adjoin the GPS frequencies. However, in an effort to fast-track what initially appeared to be a quick answer to calls for a national wireless broadband system, the license was granted first, with the provision that operations couldnt happen until LightSquared proved that it didnt interfere with GPS. This initial approval, of course, gave LightSquared the ability to claim that it was only trying to use a resource that it already owned. This complicated the situation, and ended up costing the government millions of dollars in testing that probably would not have needed to be done otherwise. Now, finally, its over. LightSquared is dead, even if it hasnt realized it yet. The company will never operate its system on the bands adjacent to GPS, and the company has little choice but to shut down and give its investors back what little it hasnt squandered.
Still, LightSquared is trying.