[Congressional Record Volume 167, Number 132 (Wednesday, July 28, 2021)]
[Senate]
[Pages S5120-S5123]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Ligado
Mr. INHOFE. Mr. President, first of all, I am here today to share
some news about a key subject we have been talking about for quite some
time, and that is Ligado. It is a complicated thing. It is something
where one company was able to get rushed over a weekend in April of
2020 and get recognized and get an agreement from the FCC to have an
operation that deals with the individuals that are wanting to be
involved in this group.
[[Page S5121]]
The 15 government Departments and Agencies signed a petition for
reconsideration of a flawed decision. Keep in mind that this is a
decision by the FCC with the NTIA, the National Telecommunications and
Infrastructure Administration, because they manage Federal spectrum.
Now, when the new administration was sworn in this January, the
petitions were still pending. The NTIA, which I just now used the
initials of, is very well-known. This is the one that has the
responsibility to take care of the Department of Commerce, some of
their instructions, some of their activities. So I spoke with Secretary
Gina Raimondo, who is the Secretary of Commerce for the new
administration, about the importance of continuing the petition for
reconsideration. I also followed up with a letter.
What is a petition of reconsideration? What we are talking about here
is that a decision was made by the FCC, and they have been petitioned
by almost every bureaucracy and many, many individuals--over 100--to
have a reconsideration. And this has not happened yet.
And so we changed administrations, and, of course, the new
administration came in and Secretary Gina Raimondo did a great job with
the importance of continuing the petition for reconsideration.
I wanted to make sure that even with the change in administration,
the government Departments and Agencies still wanted to see the harmful
order repealed. And here is the breaking news. I just got a letter from
Secretary Raimondo, confirming now that ``there has been no change to
the Department of Commerce's or [the] NTIA's opposition to the FCC's
Ligado Order.''
And that says it all. It says this administration is in full
agreement with the previous administration, and they will be acting
accordingly.
She also pledges that the NTIA will continue to pursue the petition
for reconsideration--the petition that represents the Departments of
Commerce, Defense, Interior, Justice, Homeland Security, Energy,
Transportation, NASA, FAA, and more--virtually, the entire government.
Now, this is huge. This shows, once again, that there is bipartisan
concern about the Ligado order and that it is continuing into the Biden
administration.
It is not an exaggeration when I say that the Ligado order would be
devastating to public safety, our national defense, and even our way of
life. And everybody knows that.
The reliability of GPS and satellite communications is necessary for
the safety of life operations, national security, and economic
activity.
Here are some of the day-to-day things people might not think of as
being a part of the users of GPS and how it affects our daily lives. A
big one is using your credit card or debit card when you are making a
purchase or anything in terms of making transactions.
Another one is making a phone call--even making a phone call. Cell
phone networks rely on GPS to synchronize the cell towers so calls can
be passed seamlessly. Otherwise, they could get bogged up, and if they
experience interference, your call could be dropped when moving from
tower to tower.
Here is one that most people don't expect, and that is energy. Why
would energy be dependent upon an accurate and reliable GPS system?
Well, whether that is filling up your tank at the pump or managing
electrical grids to light our homes, we rely on GPS timing to safely
operate underground pipelines and our electricity grid.
Farmers and ranchers depend on GPS and satellite communications when
planting crops, applying fertilizer, and during our harvest operations,
to move large critical machinery from place to place.
I was back in my State of Oklahoma last week and met with a bunch of
farmers, and I learned myself how farmers are using GPS now. This is a
thing that wasn't true just a few years ago, but it is true now.
Working out. A lot of healthy people are out there doing what they
ought to be doing with their bodies, and that is working out. A study
last year found that one-fifth--that is 20 percent--of all Americans
use a fitness tracker or smart watch, the majority of which use the GPS
to count steps and track distances.
Taking a flight. Commercial and civilian aviation relies on GPS
navigation and satellite communications to operate safely.
Driving around. Each day, countless Americans rely on Google Maps,
Waze, Apple Maps, and other forms of navigation systems to get them
from point A to point B. And they rely on GPS to do that.
And while no one hopes that they ever need a firetruck, an ambulance,
or other emergency services, 9-1-1 operators and EMS use GPS and
satellite communications to locate a caller and navigate as quickly as
possible.
We had a hearing just a few weeks ago, and we had the Helicopter
Operators Association talk about their emergency runs and what would
happen to them if they lost the reliability of GPS.
And there is more: weather forecasting, the movement of goods on our
highways, surveying maritime harbors and channels, operation with
construction and mining equipment. The list goes on and on.
I had a personal experience about 20 years ago with one of the uses;
that is, I had occasion with three individuals and participants to fly
an airplane around the world.
I am from Oklahoma. Of course, we are all familiar with Will Rogers.
Some people are not quite as familiar with Wiley Post. Wiley Post flew
around with Will Rogers. They flew around the world. So what I was
doing was replicating that flight in my plane around the world. I was
using a Trimble--that is the manufacturer--a Trimble TNL 2000. That was
the first time, I think--I haven't checked since then--that it has been
used for private use for flying around the world. Nonetheless, that is
a GPS system.
Because the FCC order allows Ligado to repurpose spectrum to operate
a terrestrial-based network, Ligado signals on Earth's surface will be
much more powerful than GPS, causing substantial and harmful
interference.
How do we know Ligado will cause interference?
The FCC told us when they approved the Ligado order. They said--you
should listen to the FCC statement:
Ligado shall expeditiously repair or replace as needed any
U.S. Government GPS devices that experience or are likely to
experience harmful interference from Ligado's operations.
That is a quote. Remember that quote. I will tell you about a bill we
will introduce to correct this problem that is serious to so many
people.
Last year, we also held a hearing on the Armed Services Committee to
hear how the Ligado order would impact the military and warfighter. All
of the witnesses--Dana Deasy, Michael Griffin, General Raymond--they
are all united.
Dana Deasy, the former Chief Information Officer at the DOD, said it
best when asked if he thought the Ligado order would have an impact on
DOD or the Federal spectrum. He said:
Yes, the fact that we're sitting here today, and you have
General Raymond here representing our military, would clearly
suggest that . . .
We wouldn't be sitting here today if it didn't have a heavy impact on
our military operations.
There has been multiple testimony about that. The NTIA petition filed
in April of 2020--and, again, signed by the Departments of Commerce,
Defense, Interior, Justice, Homeland Security, Energy and
Transportation, as well as agencies like NASA and the FAA--is also
clear and united. There is no division of opinion on this.
That alone should be enough to overturn the order. If not, we need to
make sure Federal agencies, State governments, and all others
negatively impacted by the actions of Ligado are not left holding the
bag when it comes to costs and, worse, aren't put in the position where
they have to push the costs onto the American consumers.
Everyone is on our side with this. The whole of government and over
100 private-sector groups all agree, and they all agree no one else is
on the side of Ligado except paid lobbyists.
Ligado said this order is about winning the race to 5G and beating
China. Those who claim Ligado's proposal is necessary to beat China's
5G push are deliberately mixing up two different and important spectrum
issues in order to sell their product: the sharing of mid-band 5G
spectrum by DOD with industry and harmful interference of Ligado's
signal with the low-band GPS
[[Page S5122]]
signals used in nearly every aspect of daily life.
Ligado's spectrum they are repurposing is not in prime mid-band
spectrum being considered for 5G, and Ligado's low-band spectrum was
not a part of the FCC's own plan to accelerate 5G development released
in September 2018, called the 5G FAST Plan.
Reliable GPS and satellite communications are important to everyone
in America and drives much of our Nation's economy. We should not
sacrifice GPS reliability. In the event the petitions for
reconsideration are not successful--I can't imagine they would not be
because almost every bureaucracy in most of the private sector are
behind these. This is happening all over the country. But in the event
that the petitions for reconsideration are not successful, I have
introduced legislation, and I won't give you the name of that because
it is one of these things where there are too many words involved. We
refer to it as the RETAIN Act to protect the users of GPS when, by
approving the Ligado order, the FCC did not.
Just last week, companion legislation was passed by the House of
Representatives, by Jim Cooper, Mike Turner, Frank Lucas, GT
Thompson, Ken Calvert, Nydia Velazquez, Abigail Spanberger, and Don
Beyer. They introduced companion legislation to that legislation that
we are currently introducing.
As of last week, we had more than 100 organizations who have signed a
letter supporting the RETAIN GPS Act to hold Ligado accountable for the
interference that they cause.
Clearly, the momentum is with us and the letter from Secretary
Raimondo I announced earlier is a great example of that. Clearly,
today's announcement is a big step for the good guys
Let me make sure people understand what we are talking about. We are
talking about those who are responsible--that is Ligado--for the use of
that spectrum, if and when, as most people are predicting, it does
something that damages the GPS system. We are talking about the system
that every user in America uses--that if they do that, then they have
to pay for it. That is all. They have to pay for it rather than have
the public pay for it.
Now, that is really the end of what I am trying to get across to
people how serious this is.
I want to put down in the Record all the agencies that are strongly
supporting this. We have the Department of the Army, Department of
Defense, Department of the Air Force, Department of the Navy,
Department of Commerce, NASA, Department of Interior, Department of
Justice, Department of Homeland Security, Department of Energy,
National Science Foundation, Department of Transportation, U.S. Coast
Guard, and the Federal Aviation Administration.
Mr. President, I ask unanimous consent that, at the conclusion of my
remarks, these organizations be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. INHOFE. I would add to that group the NTIA, which represents a
lot of government in addition to what I just read. I would like to add
the names--I have a list here of well over 100--talking about Aerospace
Association, Agricultural interests, the American Farm Bureau, all of
these--virtually every recognizable organization in America is among
the 105 organizations that are supporting this.
Mr. President, I ask unanimous consent that this letter also be
printed in the Record
There being no objection, the material was ordered to be printed in
the Record, as follows:
The undersigned IRAC agencies endorse and support the
position stated by the Department of the Air Force and the
Department of Defense:
Ms. Sarah Bauer, Department of the Army; Mr. Rene (RJ)
Balanga, NASA; Mr. John Cornicelli, Department of Homeland
Security; Mr. James Arnold, Department of Transportation; Mr.
Kenneth Willis, Department of the Navy; Mr. Ramon L. Gladden,
Department of the Interior; Mr. George Dudley, Department of
Energy; Mr. Jerry Ulcek, U.S. Coast Guard; Mr. Ivan Navarro,
Department of Commerce; Mr. Quan Vu, Department of Justice;
Mr. Jonathan Williams, National Science Foundation; Mr.
Michael Richmond, Federal Aviation Administration; and NTIA.
____
June 29, 2021.
Hon. James M. Inhofe,
U.S. Senate,
Washington, DC.
Hon. Jack Reed,
U.S. Senate,
Washington, DC.
Hon. Tammy Duckworth,
U.S. Senate,
Washington, DC.
Hon. Mike Rounds,
U.S. Senate,
Washington, DC.
Dear Senators: The undersigned companies and organizations
strongly endorse the Recognizing and Ensuring Taxpayer Access
to Infrastructure Necessary for GPS and Satellite
Communications Act or the ``RETAIN GPS and Satellite
Communications Act'' introduced today. This legislation would
ensure that the costs incurred by the public sector,
businesses and consumers as a result of the FCC's decision to
permit Ligado Networks LLC to use spectrum in a way that
would cause interference to GPS and satellite communications
would be covered by Ligado--the licensee benefiting from the
decision.
The FCC's Ligado Order already recognizes the potential for
interference to GPS receivers and requires that, ``Ligado
shall expeditiously repair or replace as needed any U.S.
Government GPS devices that experience or are likely to
experience harmful interference from Ligado's operations.''
But the Order failed to go far enough in three key ways.
First, it did not provide an adequate description of the
potential costs to federal agencies and thus the American
taxpayer. Federal agencies are responsible for ensuring
reliable GPS and satellite communications necessary for all
manner of safety of life operations. Second, while
recognizing the potential costs associated with interference
to Federal agency owned devices, the FCC order inexplicably
fails to require that Ligado also bear the costs of
interference to other government and private owners of
devices and applications that may be disrupted by Ligado's
proposed operations. Third, the Order improperly applies
interference limits that are fundamentally insufficient to
protect critical satellite communications and navigation
signals from unknown millions of Ligado devices operating
over wide geographic areas.
Ninety-nine percent of GPS receivers are used in critical
applications by non-Federal government users, businesses and
consumers. In addition, the Order similarly threatens the
satellite communications networks that can enable
technologies used to complement and support GPS. The
reliability of GPS and satellite communications is necessary
for safety of life operations, national security and economic
activity; critical communications capabilities; commercial
and civil aviation; first responders, 9-1-1 and other public
safety operators; military readiness and communications;
weather forecasting; the movement of goods on our highways;
the marking maritime harbors and channels; farmers planting
and harvesting crops; operation of construction and mining
equipment--and the list goes on and on.
The Retain GPS and Satellite Communications Act
acknowledges the harm to GPS and satellite communications end
users caused by the Ligado order and ensures the burden of
cost sits squarely where it belongs--on Ligado, rather than
our first responders, farmers, pilots, boat owners, surveyors
or construction companies. We commend you for recognizing the
expense and burden the Ligado order places on federal
agencies, American taxpayers, businesses and consumers, and
for providing clear and immediate relief to critical
stakeholders with this legislation. Thank you for your
leadership on this important issue.
Sincerely,
Aerospace Industries Association (AIA); Agriculture
Retailers Association; Air Line Pilots Association, Int'l
(ALPA); Airborne Public Safety Association (APSA); Aircraft
Electronics Association; Aircraft Owners and Pilots
Association (AOPA); Aireon, LLC; Airlines for America (A4A);
Airo Drone, LLC; Alaska Airlines; Allegiant Air; Allied
Pilots Association; American Airlines; American Association
for Geodetic Surveying (AAGS); American Association of
Airport Executives; American Bus Association; American
Concrete Pavement Association; American Concrete Pipe
Association; American Council of Engineering Companies.
American Farm Bureau Federation; American Rental
Association; American Road & Transportation Builders
Association (ARTBA); American Society for Photogrammetry and
Remote Sensing (ASPRS); American Society of Civil Engineers
(ASCE); American Soybean Association; American Sportsfishing
Association; American Trucking Associations; Associated
Equipment Distributors; Associated General Contractors of
America (AGC); Association of American Geographers (AAG);
Association of Equipment Manufacturers (AEM); Association of
Marina Industries; Atlas Air Worldwide; Aviation Spectrum
Resources Inc. (ASRI); Blue Origin; Boat Owners Association
of The United States, BoatU.S.; Cargo Airline Association
(CAA); Cartography and Geographic Information Society
(CAGIS).
Center for Sportfishing Policy; CNH Industrial; Coalition
of Airline Pilots Associations (CAPA); Coalition of
Geospatial Organizations (COGO); Coastal Conservation
Association; CoBank; CompTlA Space Enterprise Council; Crown
Consulting Inc.; Cubic Corporation; Delta Air Lines; Eastern
Region Helicopter Council (ERHC); Equipment Dealers
Association; Esri; FedEx Corporation;
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Frontier Airlines; General Aviation Manufacturers Association
(GAMA); GIS Certification Institute (GISCI); Hawaii
Helicopter Association; Helicopter Association International
(HAI); Hellen Systems.
Intelligent Transportation Society of America;
International Air Transport Association (IATA); International
Association of Assessing Officers (IAAO); Iowa-Nebraska
Equipment Dealers Association; Iridium; L3Harris; Lockheed
Martin; Management Association for Private Photogrammetric
Surveyors (MAPPS); Marine Retailers Association of the
Americas; Maxar; MidAmerica GIS Consortium (MAGIC); National
Agricultural Aviation Association; National Air Carrier
Association; National Air Transportation Association (NATA);
National Asphalt Pavement Association; National Business
Aviation Association (NBAA); National Cotton Council;
National Defense Industrial Association; National Marine
Manufacturers Association; National Ready Mixed Concrete
Association (NRMCA).
National Society of Professional Surveyors (NSPS); National
States Geographic Information Council (NSGIC); National
Stone, Sand and Gravel Association; National Utility
Contractors Association; NetJets Association of Shared
Aircraft Pilots (NJASAP); NEXA Capital Partners LLC; Oklahoma
Defense Industry Association; Oklahoma Society of Land
Surveyors; Polar Cargo; Portland Cement Association; Regional
Airline Association (RAA); Resilient Navigation and Timing
Foundation (RNTFnd); Skytrac; Southwest Airlines; Southwest
Airlines Pilots Association; Spirit Airlines; Subsurface
Utility Engineering Association; Sun Country Airlines; The
Vertical Flight Society; Trimble; U.S. Contract Tower
Association; U.S. Geospatial Executives Organization; United
Airlines; United States Geospatial Intelligence Foundation
(USGIF); University Consortium for Geographic Information
Science (UCGIS); Urban and Regional Information Systems
Association (URISA); USA Rice.
Mr. INHOFE. I yield the floor.
The PRESIDING OFFICER. The Senator from Minnesota.