Feb~2B~1201:03pmFro.~Houl'EnlrlY &COlmlrel Committee202~225-1g1gT-275 P.OOI F-S18
Committee on Energy and Commerce
Republican Office
U.S. House ofRepresentatives
2115 Rayburn House OfficeBUildiD~
Washington, D.C. 20515
Phone: (202) 225-2927
Fax: (202) 225-1919 j)A,;1
Mr. Greg GuIce, Director of Leglslltlve Affairs, Federal Communications Commission for
Chairman Julius Genachowskl, Federal CommuniCationl Cornm_lon
PJGm: Rep. Freel Upton, Chairman, Committee on Energy and Commerce
Rep. Greg Walden; ChaIrman, Subcommittee on COmmunications and Technology
Rep. Cliff steams: Ch&lrman, Subcommittee on Oversight and Investigations
Faxa (202) 418-2608
D.te: February 28,2012
5 (Including cover)
Notes;
FRED UPTON, MICHIGAN
CHAIRMAN
HENRY A. WAXMAN, CALIFORNIA
RANKING MEMBER
ONE HUNDRED TWELFTH CONGRESS
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COMMITIEE ON ENERGY AND COMMERCE
2125 RAYBURN HOUSE OFFICE BUILDING
WASHINGTON, DC 20515-6115
Majority (202) 225-2927
Minority (202) 225-3641
February 28,2012
The Honorable Julius Genachowski
Chainnan
Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554
Dear Chainnan Genachowski:
The Energy and Commerce Committee has been closely following the work ofthe
Federal Communications Commission (Commission) and the National Telecommunications and
Infonnation Administration (NTIA) regarding the interference dispute between LightSquared
and the Global Positioning System (GPS) community.
In April 2009, SkyTerra Communications and LightSquared (then called Harbinger
Capital Partners Funds) filed applications at the Commission to transfer SkyTerra's L-Band
spectrum licenses so that LightSquared could deploy a nationwide, wholesale wireless broadband
network, relying in significant part on the Ancillary Terrestrial Component (ATC) ofthe Mobile
Satellite Service. In March 2010, the Commission's International Bureau and Wireless
Telecommunications Bureau granted that transfer conditioned on, among other things, an
aggressive build-out schedule and a restriction on providing service to the nation's two largest
wireless providers. In November 2010, LightSquared asked the Commission to waive the
integrated-service rule that applied to its ATC authority. In January 2011, the International
Bureau granted that request, conditioned on testing by a Technical Working Group that showed
that LightSquared's deployment ofterrestrial service in the L-Band spectrum would not cause
widespread, harmful interference to GPS devices. In September 2011, NTIA charged the
interagency National Executive Committee for Space-Based Positioning, Navigation and Timing
(PNT ExCom) with validating the testing done by the Technical Working Group. And on
February 15,2012, one day after receiving NTIA's review ofPNT ExCom's work, the
International Bureau issued a public notice tentatively concluding that the Commission should
suspend the ability ofLightSquared to deploy terrestrial service in the L-Band spectrum it is now
licensed to use.
Letter to the Honorable Julius Genachowski
Page 2
As the Committee with jurisdiction over federal communications policy and pursuant to
Rules X and XI ofthe United States House ofRepresentatives, we respectfully request that you
submit to the Committee the following documents:
D1. All written and electronic communications from April 2009 to the present between
(1) any employee or agent ofHarbinger Capital Partners, LightSquared, or SkyTerra
Communications and (2) any member or employee ofthe Commission.
D2. All written and electronic communications from April 2009 to the present between
(1) any employee or agent ofGarmin, Trimble, John Deere, or any other manufacturer of
GPS equipment and (2) any member or employee ofthe Commission.
D3. All written and electronic communications from April 2009 to the present between
(1) any employee or agent ofthe White House, NTIA, or any other executive agency and
(2) any member or employee ofthe Commission regarding the deployment ofterrestrial
service in the L-Band spectrum now licensed to LightSquared.
D4. All written and electronic communications from April 2009 to the present among
members or employees ofthe Commission regarding the deployment ofterrestrial service
in the L-Band spectrum now licensed to LightSquared.
D5. All written and electronic communications from April 2009 to the present among
members or employees ofthe Commission regarding the processes used to evaluate the
proposed deployment ofterrestrial service in the L-Band spectrum now licensed to
LightSquared. As part ofthis request, please include all communications regarding the
timetables for commenting and testing, the use ofdelegated authority, the use ofa waiver
rather than a rulemaking to change the integrated services rule, and the conditions
attached to the SkyTerra/LightSquared transaction and the integrated-services-rule
waIver.
D6. A list ofall tests conducted by any party before January 26, 2011, regarding potential
interference with GPS devices from the deployment ofterrestrial service in the L-Band
spectrum, noting who conducted each test, the date ofthe testing, the location ofthe
testing, the devices tested, and a briefsummary ofthe results ofeach test.
D7. All documents prepared by Commission staffbefore January 26,2011, analyzing
potential interference with GPS devices from the deployment ofterrestrial service in the
L-Band spectrum.
D8. A list ofall tests conducted by any party after January 26, 2011, regarding potential
interference with GPS devices from the deployment ofterrestrial service in the L-Band
spectrum, noting who conducted each test, the date ofthe testing, the location ofthe
testing, the devices tested, and a briefsummary ofthe results ofeach test.
Letter to the Honorable Julius Genachowski
Page 3
D9. All documents prepared by Commission stafffrom January 26,2011 to the present
analyzing potential interference with GPS devices from the deployment ofterrestrial
service in the L-Band spectrum.
In responding to these requests, please exclude any documents that are available in
unredacted form on the Commission's Electronic Comment Filing System (ECFS).
We also respectfully ask that you provide written answers to the following questions by
March 13, 2012:
Q1. In light ofthe complexities involved and the questions oflaw and policy previously
unanswered by the Commission, why were the SkyTerra/LightSquared transaction and
the integrated-services-rule waiver both granted on delegated authority without a
Commission vote?
Q2. Why did the Commission provide commenters only 13 days to comment and 7 days to
reply on LightSquared's request to waive the integrated-services rule, even after
commenters raised concerns about the short comment cycle?
Q3. Why did the Comm.ission condition its approval ofthe SkyTerra/LightSquared
transaction on the exclusion ofthe two largest wireless providers from becoming
LightSquared customers without Commission approval? Has the Commission ever
adopted such a condition before?
Q4. What was the purpose ofwaiving the integrated-service rule?
Q5. How and when did the Commission become aware that deployment ofterrestrial service
in the L-Band spectrum could potentially interfere with GPS devices even ifthat service
conformed to the Commission's established power limits and out-of-band emissions
requirements?
Q6. Did the Commission conduct any independent evaluation of(l) the testing done by the
Technical Working Group, (2) the testing done by PNT ExCom, and/or (3) the
recommendations ofNTIA before tentatively concluding that the Commission should
suspend the ability ofLightSquared to deploy terrestrial service in the L-Band spectrum it
is now licensed to use.
Letter to the Honorable Julius Genachowski
Page 4
Please contact Committee staffto arrange delivery ofthe materials and to arrange a
briefmg with Committee staffregarding these matters. An attachment to this letter provides
additional information on how to respond to the Committee's request. Ifyou have any questions,
please do not hesitate to contact Committee staff David Redl or Daniel Tyrrell at (202) 225-2927.
Sincerely,
;;(~
Fr~upton
Chairman
~~
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Chairman
Subcommittee on Communications and Technology
CliffStearnsd//ff~~'=1--__
Chairman~
Subcommittee on Oversight and Investigations
Attachment
cc: The Honorable Henry A. Waxman, Ranking Member
The Honorable Anna G. Eshoo, Ranking Member
Subcommittee on Communications and Technology
The Honorable Diana DeGette, Ranking Member
Subcommittee on Oversight and Investigations
RESPONDING TO COMMITTEE DOCUMENT REQUESTS
In responding to the document request, please apply the instructions and definitions setforth
below:
INSTRUCTIONS
1. In complying with this request, you should produce all responsive documents that are in
your possession, custody, or control or otherwise available to you, regardless ofwhether the
documents are possessed directly by you.
2. Documents responsive to the request should not be destroyed, modified, removed,
tI:ansferred, or otherwise made inaccessible to the Committee.
3. In the event that any entity, organization, or individual named in the request has been, or
is currently, known by any other name, the request should be read also to include such other
names under that alternative identification.
4. Each document should be produced in a form that may be copied by standard copying
machines.
5. When you produce documents, you should identify the paragraph(s) and/or clause(s) in
the Committee's request to which the document responds.
6. Documents produced pursuant to this request should be produced in the order in which
they appear in your files and should not be rearranged. Any documents that are stapled, clipped,
or otherwise fastened together should not be separated. Documents produced in response to this
request should be produced together with copies offile labels, dividers, or identifying markers
with which they were associated when this request was issued. Indicate the office or division
and person from whose files each document was produced.
7. Each folder and box should be numbered, and a description ofthe contents ofeach folder
and box, including the paragraph(s) and/or clause(s) ofthe request to which the documents are
responsive, should be provided in an accompanying index.
8. Responsive documents must be produced regardless ofwhether any other person or entity
possesses non-identical or identical copies-of the same document.
9. The Committee requests electronic documents in addition to paper productions. Ifany of
the requested information is available in machine-readable or electronic form (such as on a
computer server, hard drive, CD, DVD, back up tape, or removable computer media such as
thumb drives, flash drives, memory cards, and external hard drives), you should immediately
consult with Committee staffto determine the appropriate format in which to produce the
information. Documents produced in electronic format should be organized, identified, and
indexed electronically in a manner comparable to the organizational structure called for in (6)
and (7) above.
10. Ifany document responsive to this request was, but no longer is, in your possession,
custody, or control, or has been placed into the possession, custody, or control ofany third party
and cannot be provided in response to this request, you should identify the document (stating its
date, author, subject and recipients) and explain the circumstances under which the document
ceased to be in your possession, custody, or control, or was placed in the possession, custody, or
control ofa third party.
11. Ifany document responsive to this request was, but no longer is, in your possession,
custody or control, state:
a. how the document was disposed of;
b. the name, current address, and telephone number ofthe person who currently has
possession, custody or control over the document;
c. the date ofdisposition;
d. the name, current address, and telephone number ofeach person who authorized said
disposition or who had or has knowledge ofsaid disposition.
12. Ifany document responsive to this request cannot be located, describe with particularity
the efforts made to locate the document and the specific reason for its disappearance, destruction
or unavailability.
13. Ifa date or other descriptive detail set forth in this request referring to a document,
communication, meeting, or other event is inaccurate, but the actual date or other descriptive
detail is known to you or is otherwise apparent from the context ofthe request, you should
produce all documents which would be responsive as ifthe date or other descriptive detail were
correct.
14. The request is continuing in nature and applies to any newly discovered document,
regardless ofthe date ofits creation. Any document not produced because it has not been
located or discovered by the return date should be produced immediately upon location or
discovery subsequent thereto.
15. All documents should be bates-stamped sequentially and produced sequentially. In a
cover letter to accompany your response, you should include a total page count for the entire
production, including both hard copy and electronic documents.
16. Two sets ofthe documents should be delivered to the Committee, one set to the majority
staff in Room 316 ofthe Ford House Office Building and one set to the minority staff in Room
564 ofthe Ford House Office Building. You should consult with Committee majority staff
regarding the method ofdelivery prior to sending any materials.
17. In the event that a responsive document is withheld on any basis, including a claim of
privilege, you should provide the following information concerning any such document: (a) the
reason the document is not being produced; (b) the type ofdocument; (c) the general subject
matter; (d) the date, author and addressee; (e) the relationship ofthe author and addressee to each
other; and (0 any other description necessary to identify the document and to explain the basis
for not producing the document. Ifa claimed privilege applies to only a portion ofany document,
that portion only should be withheld and the remainder ofthe document should be produced. As
used herein, "claim ofprivilege" includes, but is not limited to, any claim that a document either
mayor must be withheld from production pursuant to any statute, rule, or regulation.
18. Ifthe request cannot be complied with in full, it should be complied with to the extent
possible, which should include an explanation ofwhy full compliance is not possible.
19. Upon completion ofthe document production, you should submit a written certification,
signed by you or your counsel, stating that: (1) a diligent search has been completed ofall
documents in your possession, custody, or control which reasonably could contain responsive
documents; (2) documents responsive to the request have not been destroyed, modified,
removed, transferred, or otherwise made inaccessible to the Committee since the date of
receiving the Committee's request or in anticipation ofreceiving the Committee's request, and
(3) all documents identified during the search that are responsive have been produced to the
Committee, identified in a privilege log provided to the Committee, as described in (17) above,
or identified as provided in (10), (11) or (12) above.
DEFINITIONS
1. The term "document" means any written, recorded, or graphic matter ofany nature
whatsoever, regardless ofhow recorded, and whether original or copy, including but not limited
to, the following: memoranda, reports, expense reports, books, manuals, instructions, financial
reports, working papers, records, notes, letters, notices, confirmations, telegrams, receipts,
appraisals, pamphlets, magazines, newspapers, prospectuses, interoffice and intra-office
communications, electronic mail ("e-mail"), instant messages, calendars, contracts, cables,
notations ofany type ofconversation, telephone call, meeting or other communication, bulletins,
printed matter, computer printouts, invoices, transcripts, diaries, analyses, returns, summaries,
minutes, bills, accounts, estimates, projections, comparisons, messages, correspondence, press
releases, circulars, financial statements, reviews, opinions, offers, studies and investigations,
questionnaires and surveys, power point presentations, spreadsheets, and work sheets. The term
"document" includes all drafts, preliminary versions, alterations, modifications, revisions,
changes, and amendments to the foregoing, as well as any attachments or appendices thereto.
The term "document" also means any graphic or oral records or representations ofany kind
(including, without limitation, photographs, charts, graphs, voice mails, microfiche, microfilm,
videotapes, recordings, and motion pictures), electronic and mechanical records or
representations ofany kind (including, without limitation, tapes, cassettes, disks, computer
server files, computer hard drive files, CDs, DVDs, back up tape, memory sticks, recordings, and
removable computer media such as thumb drives, flash drives, memory cards, and external hard
drives), and other written, printed, typed, or other graphic or recorded matter ofany kind or
nature, however produced or reproduced, and whether preserved in writing, film, tape, electronic
format, disk, videotape or otherwise. A document bearing any notation not part ofthe original
text is considered to be a separate document. A draft or non-identical copy is a separate
document within the meaning ofthis term.
2. The term "documents in your possession, custody or control" means (a) documents that
are in your possession, custody, or control, whether held by you or your past or present agents,
employees, or representatives acting on your behalf; (b) documents that you have a legal right to
obtain, that you have a right to copy, or to which you have access; and (c) documents that have
been placed in the possession, custody, or control ofany third party.
3. The term "communication" means each manner or means ofdisclosure, transmission, or
exchange ofinformation, in the form offacts, ideas, opinions, inquiries, or otherwise, regardless
ofmeans utilized, whether oral, electronic, by document or otherwise, and whether face-to-face,
in a meeting, by telephone, mail, e-mail, instant message, discussion, release, personal delivery,
or otherwise.
4. The terms "and" and "or" should be construed broadly and either conjunctively or
disjunctively as necessary to bring within the scope ofthis request any information which might
otherwise be construed to be outside its scope. The singular includes the plural number, and vice
versa. The masculine includes the feminine and neuter genders.
5. The terms "person" or "persons" mean natural persons, firms, partnerships, associations,
limited liability corporations and companies, limited liability partnerships, corporations,
subsidiaries, divisions, departments, joint ventures, proprietorships, syndicates, other legal,
business or government entities, or any other organization or group ofpersons, and all
subsidiaries, affiliates, divisions, departments, branches, and other units thereof.
6. The terms "referring" or "relating," with respect to any given subject, mean anything that
constitutes, contains, embodies, reflects, identifies, states, refers to, deals with, or is in any
manner whatsoever pertinent to that subject.
7. The terms "you" or "your" mean and refers to
For government recipients:
"You" or "your" means and refers to you as a natural person and the United States and any ofits
agencies, offices, subdivisions, entities, officials, administrators, employees, attorneys, agents,
advisors, consultants, staff, or any other persons acting on your behalfor under your control or
direction; and includes any other person(s) defined in the document request letter.