LightSquared's GPS Industry Agreements Could Pave Way to LTE Approval, Experts Say

LightSquared's settlements with three GPS companies could carry considerable weight with the FCC as LightSquared seeks modification of its Ancillary Terrestrial Components (ATC) license to allow its proposed L-band terrestrial broadband service, people familiar with the company tell us. "Typically, when industry can work these kinds of issues out, that's well received" by the agency, company President Doug Smith said Friday.

In a filing posted Thursday in docket 12-340 and in an federal court order signed Thursday by U.S. District Judge Richard Berman of Manhattan, LightSquared said it was dropping Garmin from its 2013 lawsuit against some GPS companies and the U.S. GPS Industry Council (USGIC) (see 1311040060) and that it had a settlement agreement with Garmin on the companies' regulatory battle before the FCC. Similar voluntary dismissals without prejudice were filed in recent days against Deere and Trimble (see 1512080022 and 1512150052).

Like LightSquared's agreement with Deere, the Garmin agreement specifies that in exchange for LightSquared abandoning any terrestrial plans for 1545-1555 MHz, Garmin won't object to its use of 1525-1536, 1627.5-1637.5, 1646.5-1656.5 and 1670-1700 MHz. LightSquared said in its FCC filing that under the agreement it "understands the need to continue to work with Garmin, the FAA, the Department of Transportation and the rest of the aviation community to address any concerns and commits to do so." The Garmin agreement also says LightSquared will pay an unspecified monetary amount. Garmin didn't comment.

That 1545-1555 MHz block was a key issue to breaking the logjam on the issue, Smith said. "That spectrum block was perhaps the most concerning to the GPS community." By forgoing its use, he said, "It does maintain the GPS neighborhood will be a quiet neighborhood."

The Garmin agreement has LightSquared dropping the suit against USGIC and legal action against the GPS Coalition. Smith said he couldn't comment on LightSquared's confidential agreement earlier this week with Trimble. He said of the spectrum-use terms in the Deere and Garmin agreements, "You should expect them to be consistent." Trimble didn't comment.

The FCC almost surely will invite public comment on the settlements and LightSquared's proposed modifications and what those say about LTE, one lawyer familiar with the proceedings told us. The LightSquared proceeding also could split into two prongs: one on right-hand spectrum, where GPS issues are largely settled now, and one on left-hand spectrum mainly involving aviation devices.

The LightSquared-commissioned study by Roberson of GPS interference issues is still underway, Smith said. "We think some of that may still be useful," he said. "We'll see as we go through the process." The Roberson test data "will support the agreements we've reached," Smith said.

Some GPS users filed objections to LightSquared's plans, raising similar concerns about interference issues. In a filing posted Monday in the docket, Aviation Spectrum Resources, the Air Transport Association, Airlines for America, Bristow U.S., Cargo Airline Association, FedEx, Helicopter Association International, National Air Transport Association and Rockwell Collins Information Management Services said they were "concerned how a plan that has no support at all from any significant GPS manufacturer can be seen as a credible option" and LightSquared is trying "to unilaterally redefine international aircraft performance and equipment standards for a safety critical system without any international coordination." The Deere/Garmin/Trimble agreements "do provide benefits to all GNSS [Global Navigation Satellite System] stakeholders," Smith said. Pointing specifically to aviation, he said, "This is a very specific category, we take it seriously, and we're just as committed to work ... to find a way of peaceful coexistence."