House Energy & Commerce Committee

The House Energy and Commerce Committee plans to hold a hearing Friday to review the Federal Communications Commission’s actions regarding the now-bankrupt wireless firm LightSquared, which proposed a nationwide 4G network later found to create major interference problems for GPS users.

At issue are the circumstances surrounding the conditional waiver the company received from the FCC to move forward with its network in 2011. Some Republicans are questioning whether the FCC rushed the approval process without independently assessing whether LightSquared would interfere with GPS services located on nearby frequencies.

The hearing, requested by the Republican majority, will explore whether the FCC skipped its own procedures and ignored policy to hurry approval.

Sen. Charles Grassley (R-Iowa) has raised questions about the FCC and LightSquared owner Philip Falcone, who has donated nearly $100,000 to the Democratic Party.

“Without transparency, and with media coverage of political connections in this case, there’s no way to know whether the agency is trying to help friends in need or really looking out for the public’s interest,” Grassley said last September after unsuccessfully trying to get the FCC to pass along documents regarding the venture.

The Center for Public Integrity found numerous political connections between LightSquared and the Democratic Party:

• Several major Democratic campaign contributors and longtime Obama supporters have held investments in the company and its affiliates during its tangled decade of existence. They include Obama’s good friend and political donor Donald Gips, his former White House personnel chief, who now serves as U.S. ambassador to South Africa. Records show that Gips maintained an interest, worth as much as $500,000, as the FCC was weighing LightSquared’s request.
• Obama himself was an early investor and came to the presidency a firm believer in expanding broadband. He remains close to other early investors, like Gips and investment manager George W. Haywood, inviting some to luxe social events at the White House and more intimate gatherings like a night of poker and beer.
• Obama installed one of his biggest fundraisers, Julius Genachowski, a campaign “bundler” and broadband cheerleader, as chairman of the FCC, whose staff granted LightSquared a special waiver to operate.
• LightSquared’s current majority owner, hedge fund manager Philip Falcone, made large donations to the Democratic Party while his broadband request was pending before the FCC. He and LightSquared executives met with White House officials. Neither Falcone nor the White House would comment on what was discussed.
• LightSquared employs lobbying firms that wield formidable Democratic firepower: Ed Rendell, former governor of Pennsylvania and onetime chair of the Democratic National Committee, as well as the firm of former House Majority Leader Richard Gephardt.
• Jeffrey J. Carlisle, the company’s vice president for regulatory affairs, served with Genachowski and Gips on Obama’s transition team.

With nearly $3 billion sunk into the venture by hedge fund owner Falcone and his backers at Harbinger Capital, fierce lobbying pressure was applied to win the conditional FCC waiver, granted by the FCC before it reviewed comprehensive reports affirming interference problems.

When independent tests showed LightSquared’s service would overwhelm sensitive GPS receivers and render the location-tracking service nearly useless, last February the agency withdrew its permission for LightSquared to operate, beginning a death spiral for the 4G venture, which filed for bankruptcy in May.

Other stories of interest:

1. Game Over: LightSquared Declares Bankruptcy; The Spectacular Fall of Phil Falcone
2. LightSquared Sunk by FCC; Shared Spectrum Interference to GPS Devices Cited
3. House Republicans Blame FCC for LightSquared’s Demise; “Billions Wasted”
4. Congress Moves to Kill LightSquared Approval: Interference Threat Too Great to Ignore
5. Lightsquared Ingratiating Itself With Lawmakers by Donating Phones to Native Americans

Walden

House Republicans attacked the Federal Communications Commission Tuesday for “rushing” special waivers and conditions that allowed LightSquared to begin operations without fully considering its impact on GPS devices and services.

GOP Reps. Cliff Stearns (Fla.), Fred Upton (Mich.), and Greg Walden (Ore.) said the need for intensifying an investigation first launched in February was more pertinent than ever with this week’s bankruptcy declaration by the wireless Internet service.

“Now, more than ever, we need to get to the bottom of how we got this far down a dead-end road,” said the congressmen in a joint statement. “There are many unanswered questions, specifically about whether the FCC’s own objectives led to sloppy process. We are continuing to examine the information we’ve received so far to determine what happened and how it can be avoided in the future.”

Upton

All three said the FCC’s “rushed” review cost investors billions that were “wasted” building a broadband network that was later determined to create serious interference problems for global positioning satellite receivers.

The FCC previously denied they were pressured by Obama Administration officials to approve the project as part of the White House’s strong focus on broadband improvement.

But the House Republicans believe the interference problems should have been identified before the project got too far along.

Initially, the FCC issued a conditional approval to begin testing the service, which quickly led to growing evidence it unintentionally blocked GPS reception.

A preliminary report found GPS receivers were incapable of rejecting the adjacent channel interference from LightSquared’s powerful ground-based transmitters.

While technically not the fault of LightSquared, which argued it should not be held responsible for poor GPS receiver design, the fact millions of GPS receivers are already in use swayed the FCC to reject the use of those frequencies for the wireless Internet service.

Other stories of interest:

1. LightSquared’s Last-Minute ‘Solution’ to GPS Interference Gets Skeptical Response from Some
2. LightSquared Fail? America’s Newest Wireless Competitor Could Wipe Out Your GPS
3. Game Over: LightSquared Declares Bankruptcy; The Spectacular Fall of Phil Falcone
4. Dish Network Wants to Convert Satellite Frequencies to Add Voice, Broadband Services
5. LightSquared Sunk by FCC; Shared Spectrum Interference to GPS Devices Cited

Failure, Squared

LightSquared, Inc. filed for bankruptcy this afternoon after its plan to deliver high-speed wireless broadband nationwide was blocked by federal regulators over interference issues.

LightSquared was a pet project of billionaire hedge fund manager Phil Falcone, who earned his money pitching George Foreman grills and betting against sub-prime mortgages. Falcone invested billions in the satellite Internet venture, despite knowing the wireless technology had run into controversy with nearby satellite spectrum users who claimed it interfered with GPS reception.

Starting in 2010, Falcone convinced the FCC to approve his purchase of SkyTerra Communications, on the condition he construct a nationwide wireless broadband platform that could serve up to 260 million Americans. His hedge fund, Harbinger Capital Partners, spent $3 billion to gain control of 74 percent of the fledgling LightSquared project, despite Falcone’s knowledge the technology would potentially interfere with adjacent spectrum users. But Falcone dismissed those concerns, believing the interference problem was actually the fault of GPS technology that encroached on his spectrum or receivers that were not properly constructed to reject adjacent channel interference.

Falcone

Falcone’s steadfast belief in LightSquared, and the enormous financial backing he gave it, flew in the face of network engineers who reviewed the technology startup.

DirecTV was one company interested in the potential of LightSquared’s wireless satellite broadband back in 2004, but quickly backed away when even tentative tests flashed red lights of caution for DirecTV executives.

“A young engineer we had went and tested it and said, ‘It conflicts with GPS, it will never work.’ So we backed away immediately,” CEO Michael White told Business Week.

Falcone assumed any problems could be smoothed over with the federal government, White added.

With sufficient lobbying money and inside D.C. influence, he might have even overcome the alliance of GPS users that formed to fight the venture.  But in the public debate that followed, the GPS community eventually proved their case and the FCC put the project’s approval on hold. Now some parties involved in the LightSquared debacle are wondering if things might have gone better had the company been more sensitive to those GPS users and had found a way to overcome the interference problems.

Ultimately, the FCC delivered the death blow issuing an eventual revocation of the company’s license to operate its broadband system as presently designed.

Most of the group’s working partners have fled the LightSquared project, Harbinger has seen the biggest drop in assets in industry history — losing $23 billion from direct losses and client withdrawals, and billionaire Falcone is even accused of allegedly stiffing the contractor working on his Long Island home at least $1.2 million, according to a lien filed in Suffolk County.

Fabio Savoldelli, a finance professor at Columbia University, talks about Harbinger Capital Partners’ Phil Falcone and his investment in wireless broadband startup LightSquared Inc. It has been rough sailing for Falcone ever since he turned the project into a major priority for himself and his investors. Savoldelli shares how it all went wrong with Bloomberg News.  (8 minutes)

Other stories of interest:

1. LightSquared Sunk by FCC; Shared Spectrum Interference to GPS Devices Cited
2. Congress Moves to Kill LightSquared Approval: Interference Threat Too Great to Ignore
3. Lightsquared Ingratiating Itself With Lawmakers by Donating Phones to Native Americans
4. LightSquared Fail? America’s Newest Wireless Competitor Could Wipe Out Your GPS
5. LightSquared’s Last-Minute ‘Solution’ to GPS Interference Gets Skeptical Response from Some

A billionaire who invested enormous sums to purchase airwaves for a new national wireless broadband network learned Tuesday ruled he cannot use them to launch LightSquared.

The Federal Communications Commission said yesterday Philip Falcone’s vision for competitive wireless service cannot go forward on the frequencies he acquired because tests show they create significant interference to other nearby spectrum users, especially GPS.

Falcone’s hedge fund poured nearly $3 billion into LightSquared, which the company still claims would not create significant problems for GPS users including aircraft, cars, and ships.

Falcone

But when tests were conducted in early 2011, significant interference problems were reported, some that could jeopardize the safety of American air travel.  The FCC decided it preferred to be safe instead of sorry.

The announcement by the FCC calls into question the future of the company and the value of its airwave assets, which are now likely worth a fraction of the price paid.

The company’s agreements with at least 30 wholesale customers are also at risk, and one of its largest partners, Sprint-Nextel, has spent the last few months distancing itself from the project, anticipating the decision the FCC announced yesterday.

The rejection has upset the FCC’s plans to increase wireless competition for AT&T and Verizon, which dominate American wireless.  The agency hoped the spectrum LightSquared obtained would open the doors to a new national player, but that appears unlikely for now.

LightSquared executives said in October they would sue the FCC in court if the agency blocked their network from operating.

The only new player on the horizon may be Dish Network, which earlier acquired wireless spectrum from two bankrupt companies, and now seeks to use them as mobile phone spectrum.  Separately, Clearwire is working with Sprint to construct a new national 4G network, while still operating Clear’s existing WiMAX 4G service.

CNBC discusses LightSquared’s new troubles and where the company can go from here.  (3 minutes)

Other stories of interest:

1. Congress Moves to Kill LightSquared Approval: Interference Threat Too Great to Ignore
2. LightSquared’s Last-Minute ‘Solution’ to GPS Interference Gets Skeptical Response from Some
3. LightSquared Fail? America’s Newest Wireless Competitor Could Wipe Out Your GPS
4. Lightsquared Ingratiating Itself With Lawmakers by Donating Phones to Native Americans
5. FCC Upset Over Comcast’s Admission It Had No Intention to Use Wireless Spectrum It Acquired

LightSquared’s basic business plan of delivering a nationwide 4G network has been an open question ever since the company’s technology threatened to obliterate GPS satellite navigation technology.  Now the company is taking a page from the Washington’s Public Relations Firm Playbook by ingratiating itself with important lawmakers that can make or break the multi-billion dollar endeavor.

LightSquared announced it is donating equipment and service to Native American organizations, starting in Oregon, Washington, Idaho and Arizona — all conveniently located in key lawmakers’ states and districts.  In addition to agreeing to provide satellite phone service to remote tribal communities completely unserved by other technologies, LightSquared is also contributing 2,000 satellite telephones to the Indian Health Service, the federal agency responsible for administering health care to native populations on reservations and throughout tribal communities in Alaska.

How can the company deliver service over a network threatened with legislative obliteration?  LightSquared’s donation to Native Americans will rely on the company’s satellite network, which has not been deemed an interference generator by opponents.

Satellite telephony has proved to be obscenely expensive and of limited interest outside of military, shipping, and forest service applications.  At rates averaging up to $5 a minute or more, keeping conversations short is key to avoid bill shock.  Such technology is completely out of reach for most tribal communities, who are among the most income-challenged of all North Americans.  The contribution may buy the venture some goodwill on Capitol Hill, where it is sorely needed as skepticism over the company’s 4G service, to be operated on frequencies adjacent to GPS satellites, has reached an all-time-high.

LightSquared is learning the time-tested ways of Washington, where substance and common sense often take a back seat to political posturing, special interest politics, and campaign contributions.

Other stories of interest:

1. LightSquared Fail? America’s Newest Wireless Competitor Could Wipe Out Your GPS
2. Congress Moves to Kill LightSquared Approval: Interference Threat Too Great to Ignore
3. LightSquared’s Last-Minute ‘Solution’ to GPS Interference Gets Skeptical Response from Some
4. Montana’s Struggle for Broadband Pits Cable, Phone Companies, and Native American Communities Against One Another
5. EchoStar Buys Hughes Satellite; Acquires Satellite ‘Fraudband’ Service Rural Americans Loathe

New language in a spending bill likely to pass would prohibit the Federal Communications Commission from spending any of its budget contemplating approval of LightSquared’s application to deliver a national 4G wireless network over frequencies detractors claim would hamper or block use of GPS signals.

The language voted on in the House Appropriations Committee was approved by members of both political parties on a voice vote — another sign Congress is serious about stopping any provider from interfering with GPS technology.  A combination of concerns from the U.S. military, civil aviation, law enforcement, and private industry got a full hearing in Washington last Thursday, as GPS users complained of grave risks LightSquared could cause to aircraft in flight and the general defense of the country.

Rep. Tom Petri (R-Wisc.), chairman of the Subcommittee on Aviation, was concerned GPS interference might even cause an in-flight emergency. “In aviation, there’s no room for error,” Petri said.

Petri

Last week, just prior to the hearing, LightSquared announced its intent to move the service further away from the GPS band, but industry groups remain resolute the proposed changes would be incremental and still pose an interference problem.

Congress’ vote would seem to indicate they agree, putting the entire LightSquared project in jeopardy.

This week, new questions are also being raised about the management of LightSquared.  Critics charge the company knew about the interference issue years ago, and did little or nothing to mitigate it. Some suspect the company was banking on a lobbying effort and pressure from the White House with an interest of expanding broadband to help push through an approval despite the interference threat.

John Byrne from IDC’s wireless and mobile infrastructure research group told the Washington Post LightSquared is now faced with proving interference will not be a problem before it will win approval.

“At this point I think you have to assume that the deployment is on hold until those concerns are addressed to the satisfaction of the FCC and all of the congressmen and senators that are on the FCC on this issue,” Byrne said.

Other stories of interest:

1. LightSquared’s Last-Minute ‘Solution’ to GPS Interference Gets Skeptical Response from Some
2. LightSquared Fail? America’s Newest Wireless Competitor Could Wipe Out Your GPS
3. Here Comes the Astroturf Dog-n-Pony Show: How AT&T Will ‘Sweet Talk’ Its Deal to Approval
4. Frontier-Verizon Deal Wins Approval in Oregon; Consumer Protections Part of Deal to Gain Approval
5. Shaw Invades Ontario With Approval of Mountain Cablevision Acquisition, Becomes Canada’s Largest Cable Operator

LightSquared, feeling pressure after independent studies showed significant interference problems created by its wireless broadband network, suddenly announced a “solution” to the problem — one getting skeptical reviews from those critical of the project.

The would-be mobile broadband provider claims it will abandon a 10MHz band adjacent to that used by GPS, moving further down “the dial” in hopes of avoiding future interference problems.  Company officials hailed the move, claiming it solves the GPS interference problem except for certain high precision GPS receivers that could still suffer from the further distant LightSquared signals.

“This is a solution which ensures that tens of millions of GPS users won’t be affected by LightSquared’s launch,” said Sanjiv Ahuja, LightSquared chairman and CEO. “At the same time, this plan offers a clear path for LightSquared to move forward with the launch of a nationwide wireless network that will introduce world class broadband service to rural and underserved areas which still find themselves on the wrong side of the digital divide.’’

But LightSquared’s decision to remain in the same vicinity of low powered satellite signals has not impressed its critics.

Among the largest is Save Our GPS, a coalition of GPS users and manufacturers who fear LightSquared could ruin GPS service for millions of Americans.

“This latest gambit by LightSquared borders on the bizarre,” said Jim Kirkland, vice president and general counsel of Trimble, a founding member of the Coalition. “Last week LightSquared unilaterally delayed filing of the study report that culminated months of intensive work to evaluate interference to GPS, because they purportedly needed two more weeks to analyze the results. LightSquared’s supposed solution is nothing but a ‘Hail Mary’ move.  Confining its operation to the lower MSS band still interferes with many critical GPS receivers in addition to the precision receivers that even LightSquared concedes will be affected.”

Kirkland said it’s time for LightSquared to find an entirely different set of frequencies for its service, well away from GPS.

As LightSquared’s challenges continue, the one potential bright spot may be its agreement with Sprint Nextel allowing Sprint to resell LightSquared’s 4G network.  The agreement includes sharing upgrade and equipment expenses, but could be extended to include spectrum resources owned or controlled by Sprint.

Other stories of interest:

1. LightSquared Fail? America’s Newest Wireless Competitor Could Wipe Out Your GPS
2. Zombie Satellite Threatens US Cable Network Programming — Dozens Of Channels Face Interference
3. Frontier Usage Cap: “A Response to Illegal Resellers”
4. Debating RedState on Net Neutrality – Counter Misconceptions With Actual Facts, Receive “Get Lost” As Response; Banned
5. AT&T Complains About Signal Boosters They Can’t Own or Control

The Rochester, Minn. Amateur Radio Club spent months documenting potential interference from another problem technology: Broadband Over Power Lines.

Back in 2004, the Federal Communications Commission was looking for ways to expand broadband competition.  Borrowing from a mild success story in Europe, the Washington regulator, with the help of a well-financed lobbying campaign, approved new technology that would deliver broadband service over power lines, known as BPL.  The promises were great — fast access over an extensive, already-wired network that reached virtually every home in the country.  Glossy brochures promising a new generation of broadband and new competition were sent to every member of Congress.  Dollar-a-holler groups like the New Millennium Research Council produced “research reports” claiming the technology would advent a broadband revolution.  Some investors used to sleepy returns from utility companies dreamed about the promise of a rich new revenue stream pitching broadband service.

But there was a slight problem.  The technology worked better on paper than it did in real life.  Even more importantly, it carried more baggage than USAir.  Delivering wideband broadband signals over unshielded power cables never designed to carry radio frequencies meant interference — a lot of it, to any radio band the broadband signal occupied.  That meant a horrible listening experience on AM, and practically no listening at all over the shortwave bands, designated for military communications, international broadcasters, and the amateur radio community.

The FCC approved and supported the technology anyway, promising filters and other mitigation for those impacted by interference — a notion scoffed at by the American Radio Relay League, a group representing amateur radio operators.

So why don’t we have that third choice for broadband today?  BPL technology buried itself as its woeful performance could never match the high-flying marketing promises found in the brochure.

Fast forward to 2011 and manufacturers of satellite navigation devices, popularly known as GPS units, are terrified America is about to embark on another dreadful mistake.

LightSquared, a new entrant in the telecommunications marketplace, is constructing a nationwide 4G wireless broadband network with traditional ground-based antenna towers supplemented with a satellite system providing coverage in rural areas.  The company’s new network will occupy a frequency band just adjacent to that used by global positioning satellites, the backbone of the GPS system that some LightSquared critics contend will be crippled if the company’s 4G network is ever switched on.

LightSquared released this promotional video talking up their future network.  (2 minutes)

Early interference tests conducted by a federal working group show those critics may be right.  Because satellite signals are so weak, manufacturers like Tom-Tom and Garmin must create highly sensitive GPS receivers to handle the faint signals.  Because these units are not always selective enough to reject adjacent signal interference, a neighboring transmitter delivering a much more powerful signal — such as that from LightSquared — could overwhelm them.

Independent testing found serious interference problems even for professional grade GPS units used by civil aviation, ships, and emergency responders.  A sampling:

• GM’s OnStar system received significant interference, making it difficult to identify the location of crashed vehicles and disrupting turn-by-turn directions and other navigation services;
• In recent tests in New Mexico, LightSquared caused GPS receivers used by nearby police, fire and ambulance crews to lose reception;
• John Deere’s agricultural equipment incorporating GPS technology failed to receive signals during the LightSquared testing;
• Both the Coast Guard and NASA reported significant interference to their GPS receivers;
• The Federal Aviation Administration reports their GPS receivers completely failed while the tests were conducted.

The red box identifies the spectrum assigned to LightSquared. Its immediate neighbors are faint signals from communications satellites. (click to enlarge)

With complaints like that coming after a small-scale test, the thought of 40,000 ground-based LightSquared towers obliterating the nation’s access to GPS is more than just a little concerning to users and manufacturers.

“LightSquared’s network could cause devastating interference to all different kinds of GPS receivers,” Jim Kirkland, vice president and general counsel of Trimble Navigation Ltd., told the Washington Post.  Trimble manufactures GPS devices.

The Radio Technical Commission for Aeronautics advised the FAA its own independent tests of the LightSquared system found the consequences of turning this 4G wireless service on would be cataclysmic for GPS signals, making most satellite navigation equipment completely useless in most major metropolitan areas.

LightSquared executive vice president Jeffrey Carlisle told the Post he remained confident that the two systems could co-exist, even admitting he expected to find interference issues.  Carlisle says the real question is how to mitigate it.

This is not the first time interference issues have come before the FCC.  Nearby spectrum neighbors often don’t get along, especially when one licensed user relies on weak signals from space and the other utilizes more powerful ground-based transmitters.  The Commission has even fielded complaints over garage door openers interfering with certain military radios.

LightSquared’s network concept isn’t by itself the problem.  XM Radio manages to operate its mix of satellite-delivered radio and 900 ground-based repeater transmitters without creating interference for other users.

Deere Companies produced this diagram showing a comparison of the respective power levels of LightSquared signals vs. satellite navigation signals.

Unfortunately for LightSquared, it has several problems to contend with, the most significant being its “zoning problem.”  The souped-up 4G network is simply not in character for the spectrum neighborhood it calls home.  It’s a McMansion being built in a neighborhood of cottages.  LightSquared’s neighbors are low powered satellite signals in the 1-2Ghz range, including those from the satellites which provide GPS.  In certain cases, receiver equipment can be designed to reject the adjacent interference a network like LightSquared could create, but with millions of existing GPS units already in use, that may prove impractical.

LightSquared has tried to rope off its channel space as much as possible, trading spectrum with other nearby users to create a nearly contiguous 20Mhz slice it can dedicate to its signals, in hopes of reducing interference.  But the recent tests suggest this may not be enough.  General Motors suggested LightSquared needs to find a better neighborhood — one more suited to the kind of signal it wants to offer.  That could come from a spectrum trade or a frequency reallocation by the FCC.

The FCC is taking a “wait and see” approach so far, claiming further tests are needed.  But the agency earlier pledged it would not allow LightSquared to operate its network if it created major interference problems for other spectrum users.  Some GPS manufacturers think that commitment is too vague, because “major interference” is in the eye of the beholder.

Those concerns may be warranted, considering the FCC earlier found its way clear to ignore the documented interference Broadband Over Power Lines created over both the AM and shortwave radio dial.  Even after a blizzard of lobbying and campaign contributions won support for BPL in Washington, the ultimately inferior product that resulted couldn’t win the support of the group that ultimately mattered most — paying customers.

Sanjiv Ahuja, chief executive officer of LightSquared, talks about the company’s efforts to build a wireless broadband network as other spectrum users challenge the company’s potential to create interference.  (7 minutes)

Other stories of interest:

1. Wall Street Analyst Says Usage Capped LTE Wireless Broadband Makes It DOA As a Competitor
2. Zombie Satellite Threatens US Cable Network Programming — Dozens Of Channels Face Interference
3. Wireless Advocates Want to Poach Frequencies Assigned to Local TV Stations
4. FCC Chairman Opens Wireless Industry Convention Mouthing AT&T Talking Points
5. AT&T Complains About Signal Boosters They Can’t Own or Control