Satellite operator Ligado Networks is suing the U.S. government over the right to use its L-band frequencies. In a lawsuit filed in the U.S. Court of Federal Claims, Ligado alleges the Department of Defense (DoD) is using Ligado’s exclusively licensed L-band spectrum without permission or compensation.
Ligado is suing the DoD, NTIA and the Department of Commerce (DoC) to recover $39 billion, which the lawsuit asserts is, “the largest uncompensated taking of private property by our nation’s government in modern times.”
“The DoD misled the FCC, Congress and many others in its unconstitutional taking of our property and ongoing obstruction of our operations and, in doing so, deprived millions of Americans from access to much needed 5G services,” said Ligado President/CEO Doug Smith. “The FCC, the federal agency with exclusive authority over the use and licensing of spectrum, made its final decision in 2020 after a thorough and exhaustive public review process. They stand by that decision today.”
The spectrum at the heart of the dispute includes the 1526-1536 MHz, 1627.5-1637.5 MHz, and 1646.5-1656.5 MHz licenses. The DoD and GPS industry fought the FCC’s decision to award Ligado the spectrum, claiming its use could interfere with their receivers, Inside Towers reported.
Ligado says since 2020, it’s worked “diligently” and “in good faith” with other government agencies to try and reach a fair resolution that would allow the satellite network to deploy the spectrum or be compensated “appropriately.”
But it says now it has no choice but to pursue the issue in court. Ligado calls the DoD and GPS industry claims that 5G operations on Ligado’s L-band spectrum could cause harmful receiver interference “misleading.” The claims “have been central to DoD’s and DoC’s coordinated campaign to destroy Ligado’s reputation, prevent the company from using its authorized spectrum and conceal the Pentagon’s previously undisclosed systems that depend on Ligado’s exclusively licensed spectrum,” says the satellite company.
Ligado alleges multiple former and current senior government officials acknowledged that the DoD and DoC withheld information from the FCC and the White House and now want Ligado’s exclusively licensed spectrum for DoD’s own purposes. “Government officials have also confirmed DoD permanently wants the entirety of Ligado’s FCC authorized spectrum in the L-band and that DoD’s undisclosed activities cannot co-exist with Ligado’s authorized use of its spectrum,” states Ligado.
Spectrum rights—the exclusive use of certain radio frequencies—are the backbone of satellite connectivity. They guarantee a line of communication to and from space, free from encroachment by other providers. Since there are only a finite number of frequencies to service the increasing demand for satellite services, these spectrum bands have become extraordinarily valuable assets, according to Payload.
By Leslie Stimson, Inside Towers Washington Bureau Chief
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