Trump Withdraws Nomination of O’Rielly to Serve as FCC Commissioner

President Donald Trump has withdrawn the nomination of Michael P. O’Rielly for another five-year term on the Federal Communications Commission (FCC).

SpaceNews reports the White House withdrew the nomination because O’Rielly opposed a petition by the Trump Administration asking the FCC to re-examine section 230 of the Communications Decency Act.

Section 230 provides free speech protections to Facebook, Twitter and other social media platforms. Conservatives have accused the companies of censoring their views and want the immunity removed.

O’Rielly’s nomination was already on hold in the Senate at the time it was withdrawn. Sen. Jim Inhofe (R-Okla.) announced on July 28 that he had put a hold on the nomination until O’Rielly publicly committed to overturning the FCC’s Ligado order.

In April, FCC commissioners approved a modification to Ligado’s license to operate L-band communications services. The approval was opposed by the Trump Administration, the Defense Department, and other agencies that believe it will interfere with Global Positioning System (GPS) navigation signals.

“I understand that O’Rielly has stated that he would give ‘due consideration to a stay’ ‘based on new data or evidence’ – but that isn’t enough,” Inhofe said in a statement. “This isn’t just about our military, but all users of GPS are united in opposition. All of America can’t be wrong, and he understands that. I need his commitment in plain English to vote to overturn the order, not just consider it, before I will allow his nomination to proceed.”   

Sen. Inhofe Puts Hold on FCC Nomination Over Ligado Decision

WASHINGTON (Jim Inhofe PR) — U.S. Sen. Jim Inhofe (R-Okla.) announced that he has placed a hold on the nomination of Mike O’Rielly to be FCC Commissioner until O’Rielly publicly commits to vote to overturn the current Ligado Order.  

“Over the past few months, I have sent letters, held hearings and called countless officials to highlight what we all know to be true: the FCC’s Ligado Order is flawed and will lead to significant harm to our military and the thousands of individuals and businesses that rely on GPS. The Trump administration understands this and has urged the FCC to reconsider the Ligado Order. 

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Trump Administration Formally Asks FCC to Reconsider Ligado Decision

The Trump Administration has formally requested that the Federal Communications Commission reconsider its approval to Ligado to construct a nationwide mobile broadband network that it says “will cause irreparable harms to federal government users of the Global Positioning System (GPS).”

The National Telecommunications and Information
Administration (NTIA) filed the appeal to rescind the approval on behalf of the Trump Administration, particularly the departments of Defense (DOD) and Transportation (DOT).

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Defense Department Tries to Undo FCC Approval of Ligado Cell Network

The Department of Defense plans to appeal the Federal Communications Commission’s approval of a plan by Ligado to establish a cellular network that military officials believe will interfere with signals from the Global Positioning System (GPS).

SpaceNews reports:

“One avenue could be legislative action,” Chief Information Officer Dana Deasy told reporters May 6 following a lengthy Senate Armed Services Committee hearing where he testified along with other Pentagon officials.

Another channel to try to get the decision reversed would be to petition to the Commerce Department’s National Telecommunications and Information Administration, said Deasy. The NTIA is an interagency organization that oversees the government’s spectrum policies.

The deadline for the Pentagon to file an appeal is May 29….

“We were surprised,” said Deasy. DoD for years was able to work through tough contentious issues with the FCC, he said, but on this one the process broke down.

In approving the application, FCC commissioners said restrictions placed on Ligado’s 5G cellular network would prevent interference with signals from the GPS satellite navigation system.

In the order approving Ligado’s application, the Commission included stringent conditions to ensure that incumbents would not experience harmful interference. For example, the Commission mandated that Ligado provide a significant (23 megahertz) guard-band using its own licensed spectrum to separate its terrestrial base station transmissions from neighboring operations in the Radionavigation-Satellite Service allocation. Moreover, Ligado is required to limit the power levels of its base stations to 9.8 dBW, a reduction of 99.3% from the power levels proposed in Ligado’s 2015 application.

The order also requires Ligado to protect adjacent band incumbents by reporting its base station locations and technical operating parameters to potentially affected government and industry stakeholders prior to commencing operations, continuously monitoring the transmit power of its base station sites, and complying with procedures and actions for responding to credible reports of interference, including rapid shutdown of operations where warranted.

FCC Unanimously Approves Ligado’s Application to Facilitate 5G and Internet of Things Services

Conditions Will Protect Incumbents from Harmful Interference

WASHINGTON (FCC PR) — The Federal Communications Commission announced that it has approved with conditions Ligado’s application to deploy a low-power terrestrial nationwide network in the L-Band that will primarily support 5G and Internet of Things services.

The order approving Ligado’s application was adopted without dissent and will promote more efficient and effective use of our nation’s spectrum resources and ensure that adjacent band operations, including the Global Positioning System (GPS), are protected from harmful interference.

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