The Senate Armed Services Committee (SASC) has reintroduced the long-standing conflict between the Department of Defense (DoD) and mobile communications provider Ligado Networks regarding access to L-band spectrum, as indicated in the fiscal year 2025 National Defense Authorization Act (NDAA) report. The relevant language is discreetly included on page 161 of the report and does not explicitly mention Ligado, yet it calls for the DoD to clarify which military systems have historically or currently operate in, or adjacent to, the radio frequency bands of “1525-1559 megahertz and 1626.5-1660.5 megahertz,” at the heart of the ongoing dispute. The committee has also requested a list of alternate frequency bands suitable for the operation of these systems.
Further stipulations require the DoD to report to both the SASC and its House counterpart by February 15, 2025, on the status of any claims concerning these specific bands of electromagnetic spectrum and any technical objections the DoD may have regarding such claims. Essentially, the SASC wants the Pentagon to provide a written disclosure of any military systems operating within the spectrum Ligado intends to utilize for its commercial services.
This development represents an escalation in the years-long contention between Ligado and various federal departments and agencies. Those entities argue that Ligado’s plans to develop a 5G mobile network within these frequency bands could disrupt Global Positioning System (GPS) satellites.
Last October, Ligado initiated a $39 billion lawsuit against the federal government, asserting that officials from the Departments of Defense and Commerce acted unlawfully to effectively seize the spectrum granted to Ligado by the Federal Communications Commission (FCC) in 2020, without appropriate compensation. The lawsuit contends that the Pentagon has utilized Ligado’s spectrum for undisclosed systems that do not compensate the company, raising concerns about potential classified radar systems and their interaction with GPS technology. Many maritime radars in the civil realm also operate on L-band frequencies that are relevant to this dispute. The U.S. Navy has not responded to inquiries about whether its radar systems use the disputed frequency bands.
A Ligado spokesperson emphasized the significance of the report language, describing it as an acknowledgment by the Senate Armed Services Committee that the DoD must reveal its ongoing use of spectrum licensed exclusively to Ligado. This revelation strengthens Ligado’s claim that the DoD has been withholding information about its spectrum usage and asserts that the DoD should compensate Ligado accordingly.
The potential impact of any disclosures from the Pentagon on the legal proceedings remains uncertain. In its January motion to dismiss Ligado’s lawsuit, the Justice Department contended that the company failed to provide plausible facts supporting its speculative claims about government occupancy of its licensed spectrum. The motion further stated that FCC licenses do not grant companies exclusive property rights over spectrum allocations.
The SASC’s language appears to mark a shift in stance for the committee. Over the past four years, leading members from both parties, including the late Sen. James Inhofe and current SASC Chair Sen. Jack Reed, have criticized the FCC’s previous rulings. In contrast, Sen. Roger Wicker, the current SASC ranking member, who previously chaired the Commerce Committee overseeing the FCC, has generally supported the commission’s position.
