FCC Denies Petition to Stay Ligado Order and Authorization

The Federal Communications Commission denied a request to stay its unanimous decision to authorize Ligado Networks to deploy a low-power terrestrial nationwide network using portions of its licensed spectrum. A petition filed by the Department of Commerce’s National Telecommunications and Information Administration (NTIA) last May sought to delay the proceeding, but the FCC ruled that NTIA did not satisfy the requirements of a stay, in particular, the demonstration of an irreparable injury or a likelihood of success on the merits on its related petition for reconsideration of the Commission’s 2020 Order and Authorization.

In one of his first policy statements, new FCC Commissioner Nathan Simington said, "I do not share my colleague’s determination that Ligado will certainly succeed on the merits with respect to NTIA’s petition for reconsideration. In my view, such certainty is premature because interference criteria relating to device performance have not been conclusively addressed. As there is an opportunity for further testing, including performance-based testing, there remains the possibility of a showing that will greatly bolster the merits of NTIA’s petition for reconsideration. Such a showing would also allow the Commission to better evaluate the entire record in this proceeding, including the various other petitions for reconsideration that were filed. It is by doing so that we will adduce the best possible record in the service of disinterested policymaking in the public good."