Chairman Pai's Response Regarding Ligado's Application

On May 15, 2020, 32 senators wrote to Federal Communications Commission Chairman Ajit Pai to express their concerns with the Order announced by the FCC on April 20, 2020 granting Ligado's application to deploy a terrestrial nationwide network to provide 5G services. The senators noted their concern that the Order does not adequately protect adjacent band operations — including those related to the Global Positioning System (GPS) and satellite communications — from harmful interference that would "impact countless commercial and military activities." Further, they noted the hurried nature of the circulation and consideration of the Order itself was not conducive to addressing the many technical concerns raised by affected stakeholders.

On June 8, Chairman Pai responded by saying the Department of Defense had actual possession of the draft that the FCC was poised to adopt — and thus an opportunity to comment on it — for almost half a year before the FCC finally adopted it. Chairman Pai also said he personally spoke with lead defense officials to ensure that the DoD had every possible opportunity to make its case to the FCC. He also said if the DoD determines that Ligado's operations will cause harmful interference to aspecific, identified GPS receiver operating on a military installation and that the GPS receiver is incapable of being fully tested or replaced, then Ligado must negotiate with the DoD to determine an acceptable received power level over the military installation in question. Chairman Pai also described the "stop buzzer" burden placed on Ligadoo.  Chairman Pai said the decision was not hurried and that the FCC followed to the letter both the law and its rules in adjudicating the matter.