The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“Ligado (Executive Session)” mentioning Mike Rounds was published in the Senate section on pages S5120-S5123 on July 28.
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The publication is reproduced in full below:
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.
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even with the change in administration, the government Departments and Agencies still wanted to see the harmful order repealed.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 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; 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.
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