Defense Authorization Bill Directs FCC to Protect DOD GPS Operations

The National Defense Authorization Act for FY 2017 conference report adopted by the House last week and expected to be voted on this week by the Senate includes language directing the FCC to protect the Defense Department's GPS network from terrestrial commercial operations in the L-band. A lawyer with satellite and spectrum clients told us the language cements the status quo of the FCC as the chief spectrum regulator. The FCC didn't comment Monday. Section 1698 of the bill, regarding interference to DOD's GPS system, requires that the FCC not allow commercial terrestrial operations in the 1525-1559 MHz or 1626.5-1660.5 MHz bands until at least 90 days after it "resolves concerns of widespread harmful interference by such operations ... to [DOD] GPS devices." The section also directs the agency, if it makes a decision to allow terrestrial operations in the band, to notify the House committees on Commerce and on Armed Services and the Senate committees on Commerce and on Armed Services. That notification is to include an explanation of how various concerns have been resolved. The bill also requires the defense secretary to assess quarterly the ability of DOD GPS devices to receive GPS satellite signals without widespread harmful interference and to determine if commercial communications systems are interfering or will interfere. Any such interference is to be reported to Congress, the bill said, with the notification to include a list of the devices at risk, the source of the interference, descriptions of the manner of the interference and the magnitude of its harm. The interference report also is required to spell out the duration of the interference or expected interference, including the conditions and circumstances of its occurrence; how that interference would or could affect national security; and DOD plans to address it. The reports are required for two years after the bill is enacted or until the defense secretary determines there's no widespread harmful interference from commercial services. The GPS Innovation Alliance didn't comment. Those provisions came from the House version of the bill, as the Senate version had no similar language, according to the joint explanatory statement of the Conference Committee. Senate Majority Leader Mitch McConnell filed cloture Monday on the conference report. CTIA challenged some aspects of the House version of NDAA that would have seen the DOD supersede FCC oversight of spectrum (see 1605130054), the lawyer said. CTIA didn't comment. The lawyer also said the Senate likely will vote on the bill Tuesday.