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LightSquared request extention time to respond to PN

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Released: February 29, 2012

Federal Communications Commission

DA 12-320

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

LightSquared Technical Working Group Report
)
IB Docket No. 11-109
)

ORDER

Adopted: February 29, 2012

Released: February 29, 2012

By the Chief, International Bureau:
1. LightSquared Subsidiary LLC (“LightSquared”) requests an extension of time, until March
30, 2012, in which to file comments in response to the public notice in this proceeding released on
February 15, 2012 (“Public Notice”).1 The Public Notice invited comment on a letter from the National
Telecommunications and Information Administration (“NTIA Letter”) concerning the results of
additional government testing of the potential interference effects of communications equipment that
LightSquared seeks authority to operate.2 The Public Notice also invited comment on certain proposals.
First, vacatur of a conditional waiver of the Ancillary Terrestrial Component (ATC) “integration”
requirement previously granted to LightSquared,3 due to LightSquared’s inability to address
satisfactorily the legitimate interference concerns surrounding its planned terrestrial operations, and the
appearance that the Interference Resolution Process mandated by that waiver grant has no realistic
prospect of being successfully completed by LightSquared in a reasonable period of time. And second,
modification of LightSquared’s satellite license pursuant to Section 316 of the Communications Act4 to
suspend indefinitely LightSquared’s underlying ATC authorization, first granted in 2004, to an extent
consistent with the NTIA Letter. The Public Notice specified a deadline of March 1, 2012 for filing
comments.
2. LightSquared contends that the comment period established by the Public Notice is
inadequate, in view of the depth and volume of the new information presented in the NTIA Letter and
attached exhibits, which comprise more than 300 pages of technical analysis and test results.
LightSquared also maintains that grant of the requested extension of time would not be prejudicial to
any party because it has not commenced ATC operation. The Coalition to Save Our GPS (the


1 Motion for Extension of Time filed on Feb. 23, 2012; Public Notice, “International Bureau Invites Comment on
NTIA Letter Regarding LightSquared Conditional Waiver” (“Extension Motion”), IB Docket No. 11-109, DA 12-
214.
2 Letter from Lawrence E. Strickling Assistant Secretary for Communications and Information, U.S. Dept. of
Commerce, to Julius Genachowski, Chairman, FCC (dated Feb. 14, 2012) (“NTIA Letter”), available at
http://apps.fcc.gov/ecfs/document/view?id=7021860324.
3 See LightSquared Subsidiary LLC, Request for Modification of its Authority for an Ancillary Terrestrial
Component, Order and Authorization,
26 FCC Rcd 566 (Int’l Bur. 2011).
4 47 U.S.C. § 316. The Bureau noted that in the event we decide – after evaluating the public comment received in
response to the Public Notice – to modify LightSquared’s license, our order of modification would not become final
until after LightSquared has been given an additional period of time to protest, pursuant to the requirements of
Section 316(a).

Federal Communications Commission

DA 12-320

“Coalition”) opposes the motion for extension, contending that LightSquared has already participated to
some extent in the testing process and, further, that there is no valid reason for departure from the
Commission’s general policy that filing periods shall not be routinely extended.5 Even so, the Coalition
does not oppose a 10 day extension of the comment period, so long as it is afforded a seven calendar
day opportunity to reply to any new technical material filed by LightSquared.6
3. Given the overall record in this case, we find that a brief extension is warranted to afford
LightSquared and other interested parties a more complete opportunity to assess the new information in
the NTIA Letter and address the issues framed in the Public Notice. We agree that granting an
extension will be non-prejudicial.
4. Accordingly, IT IS ORDERED that LightSquared’s Motion for Extension of Time IS
GRANTED IN PART, and the time for filing comments in response to the Public Notice IS
EXTENDED to March 16, 2012.7 Reply Comments should be filed by March 30, 2012.
FEDERAL COMMUNICATIONS COMMISSION
Mindel De La Torre
Chief, International Bureau


5 Opposition to Motion for Extension of Time filed Feb. 24, 2012 at 1 (citing 47 C.F.R. § 1.46(a)).
6 Id at 3.
7 LightSquared states that “under the Communications Act, public notice periods are routinely a minimum of 30
days where an entity’s fundamental license is placed at risk of revocation or modification. Extension Motion at 4-
5. The 15 day extension granted here ensures that LightSquared will have been given a full 30 day period of time to
address the matters raised in the Public Notice. Further, given the 30 day comment period now being given to
LightSquared, we also will expand from seven to 15 calendar days the period afforded to parties interested in
responding to comments.
2

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