Lightsquared/FCC & HR 1540
HR 1540 was signed into law on 12/31/11. (National Defense Authorization Act of F/Y 2012).
The attached language contained therein makes FCC more accountable regarding the Lightsquared plans.
Here is the pertinent portion of the new law:
Subtitle B–Space Activities
SEC. 911. HARMFUL INTERFERENCE TO DEPARTMENT OF DEFENSE GLOBAL POSITIONING SYSTEM.
(a) Federal Communications Commission Conditions on Commercial Terrestrial Operations-
(1) CONTINUATION OF CONDITIONS UNTIL INTERFERENCE ADDRESSED- The Federal Communications Commission shall not lift the conditions imposed on commercial terrestrial operations in the Order and Authorization adopted on January 26, 2011 (DA 11-133), or otherwise permit such operations, until the Commission has resolved concerns of widespread harmful interference by such commercial terrestrial operations to covered GPS devices.
(2) NOTICE AND COMMENT ON WORKING GROUP REPORT- Prior to permitting such commercial terrestrial operations, the Federal Communications Commission shall make available the final working group report mandated by such Order and Authorization and provide all interested parties an opportunity to comment on such report.
(3) NOTICE TO CONGRESS-
(A) IN GENERAL- At the conclusion of the proceeding on such commercial terrestrial operations, the Federal Communications Commission shall submit to the congressional committees described in subparagraph (B) official copies of the documents containing the final decision of the Commission regarding whether to permit such commercial terrestrial operations. If the decision is to permit such commercial terrestrial operations, such documents shall contain or be accompanied by an explanation of how the concerns described in paragraph (1) have been resolved.
(B) CONGRESSIONAL COMMITTEES DESCRIBED- The congressional committees described in this paragraph are the following:
(i) The Committee on Energy and Commerce and the Committee on Armed Services of the House of Representatives.
(ii) The Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate.
(b) Secretary of Defense Review of Harmful Interference-
(1) REVIEW- Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter until the date referred to in paragraph (3), the Secretary of Defense shall conduct a review to–
(A) assess the ability of covered GPS devices to receive signals from Global Positioning System satellites without widespread harmful interference; and
(B) determine if commercial communications services are causing or will cause widespread harmful interference with covered GPS devices.
(2) NOTICE TO CONGRESS-
(A) NOTICE- If the Secretary of Defense determines during a review under paragraph (1) that commercial communications services are causing or will cause widespread harmful interference with covered GPS devices, the Secretary shall promptly submit to the congressional defense committees notice of such interference.
(B) CONTENTS- The notice required under subparagraph (A) shall include–
(i) a list and description of the covered GPS devices that are being or expected to be interfered with by commercial communications services;
(ii) a description of the source of, and the entity causing or expect to cause, the interference with such receivers;
(iii) a description of the manner in which such source or such entity is causing or expected to cause such interference;
(iv) a description of the magnitude of harm caused or expected to be caused by such interference;
(v) a description of the duration of and the conditions and circumstances under which such interference is occurring or expected to occur;
(vi) a description of the impact of such interference on the national security interests of the United States; and
(vii) a description of the plans of the Secretary to address, alleviate, or mitigate such interference, including the cost of such plans.
(C) FORM- The notice required under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.
(3) TERMINATION DATE- The date referred to in this paragraph is the earlier of–
(A) the date that is two years after the date of the enactment of this Act; or
(B) the date on which the Secretary–
(i) determines that commercial communications services are not causing any widespread harmful interference with covered GPS devices; and
(ii) the Secretary submits to the congressional defense committees notice of the determination made under clause (i).
(c) Covered GPS Device Defined- In this section, the term `covered GPS device’ means a Global Position System device of the Department of Defense.
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