L-Band Wireless Spectrum Myths Vs. Facts, Part II

Ross Marchand

June 15, 2020

On April 20, the Federal Communications Commission (FCC) forged a historic and bold new path forward by clearinginternet provider Ligado’s application for a nationwide, low power 5G network.  This network has the potential to revolutionize telecommunications and bring much needed 5G benefits to the American people. This go-ahead allows Ligado to use a pivotal and underutilized part of mid-band spectrum known as the “L-Band” to help bridge the digital divide and in particular expand commercial broadband deployment without spending taxpayer money. But, unfortunately, the Department of Defense (DoD) and some other federal agencies are determined to roll back the FCC’s farsighted decision, remaining stuck in the past and unable to see the potential this offers for consumers and taxpayers.

Shortly after the FCC’s decision, Defense Secretary Mark Esper tweeted that DoD “continues to support domestic 5G options, but not at the risk of crippling our GPS [Global Positioning System] networks. Nearly a dozen other federal agencies have joined us in opposing this proposal.” The Senate Armed Forces Committee held a hearing on May 6 on the issue but excluded FCC and Ligado voices and only listened to DoD voices. Because of this lopsided presentation of information, policymakers continue to be in the dark about the merits of the FCC’s decision. Scholars such as Joel Thayer and organizations such as the Taxpayers Protection Alliance (TPA) have attempted to correct the record, but much still needs to be addressed. Below, TPA explores myths versus facts about the L-Band:

Myth: Allowing Ligado to use the L-Band for 5G deployment will result in the “crippling [of] our GPS networks.”

Facts: The DoD and other federal agencies are presenting a false choice between fast, reliable 5G internet and GPS systems that Americans rely on a daily basis. Ligado’s application stipulates the creation of a 23-megahertz guard band to protect the signals used in GPS applications from any L-Band 5G network. In addition, the version of Ligado’s plan approved by the FCC uses power levels 99.3 percent lower than that of previously proposed L-Band networks. In his analysis of the L-Band decision, Thayer notes that, “Ligado must cooperate directly with any U.S. government agency that anticipates that its GPS devices may be affected by Ligado’s…operations” including repairing and replacing devices impacted by L-Band interference.

Sure, some proposals in the past may have possibly interfered with critical applications and made it more difficult for the U.S. military to conduct operations. But continuing to sound the alarm about 5G interference with GPS ignores how far Ligado’s proposal has come over the years in accommodating public requests.

Myth: The FCC kept the American people and agency stakeholders in the dark about this L-Band approval process.

Facts: There is nothing about a 4 and half year process that supports the idea of a “rush to judgement.”

Dec. 2015

The application was filed at the Commission

April – June/July 2016

Public comment period 1

June – July 2018

Public comment period 2

Oct. 2019

FCC shares draft order with federal agencies, including DoD.

Nov. 2019

DoD sends letter to FCC on application but submitted no data and referenced DOT study submitted in May 2018.

Dec. 2019

Pai testifies to Congress that his decision is at the IRAC

Jan. 2020

Pai tells Members of Congress he is working diligently to issue final decision

April 2020

FCC approves the application

After carefully considering all the comments and inputs into the public record over a 17-year period, including the DOT study (which was publicly released on April 26, 2018), the FCC drafted an Order approving Ligado’s application and sent it to federal agencies in mid-October 2019 for review and feedback. (Note: January 2020 reply from FCC Chairman Pai to a October 28, 2019 letter from Sens. Marsha Blackburn (R-Tenn.) and Mark Warner (D-Va.): “Before receiving your letter, I submitted to the Interdepartmental Radio Advisory Committee (‘IRAC’), headed by the Department of Commerce’s National Telecommunications and Information Administration, a draft FCC decision resolving Ligado’s request.”)

The FCC circulated the Order approving Ligado’s proposal on Thursday, April 16, 2020. The FCC announcedunanimous approval of the Order on Monday, April 20 and publicly released the text of the Order on Wednesday, April 22. As part of its governing process, each Commissioner is allowed to vote at any time after an item is circulated by the FCC Chair. In the case of the Ligado Order, supportive statements made by both Republican and DemocraticCommissioners focused on the “thorough,” “painstaking,” “multi-year” “expert technical analysis” conducted by the agency’s engineering staff and other spectrum experts. This rare bipartisan consensus among everyone who investigated this proposal should be testament enough as to its strength.

Myth: The FCC’s approval of Ligado’s L-Band proposal was a hasty process without clearly articulated benefits for the American people.

Facts: In the below interview American Enterprise Institute (AEI) scholar Roslyn Layton explains how the carefully considered L-Band proposal will be a boon to America and allow for increased connectivity across the country.