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Ligado Sues US Government Over its Spectrum 

By Rachel Jewett | October 13, 2023
Via Satellite archive photo

Via Satellite archive photo

Ligado Networks filed a lawsuit against the U.S. government, claiming the government unlawfully took the company’s licensed spectrum without compensation. Ligado announced the lawsuit on Oct. 12. It was filed in the U.S. Court of Federal Claims against the United States, the Defense Department (DoD), the Commerce Department and  National Telecommunications and Information Administration (NTIA). 

In the lawsuit, Ligado alleges the DoD, DoC, and Congress prevented Ligado from using spectrum licensed by the FCC. 

Ligado accused the government of running a “misinformation and disparagement campaign” while the DoD operated undisclosed systems with Ligado’s spectrum without compensating the company. 

“To facilitate its multi-billion-dollar taking and cover up its previously undisclosed use of Ligado’s spectrum, DoD (with DoC’s assistance) made false or misleading claims to the FCC, Congress, the White House, other federal agencies, and the public about the effects of Ligado’s proposed 5G terrestrial services on GPS,” The lawsuit reads. “DoD officials even told multiple individuals at the FCC that they wanted to ‘kill the company.’” 

In 2020, the FCC gave Ligado approval to operate terrestrial 5G services in its L-band spectrum. The decision has been hotly contested, and DoD officials, members of Congress, aerospace and satellite companies and other stakeholders that use GPS signals have pushed back on the FCC’s decision. The FCC previously denied requests for a stay in January 2021

Ligand said that while the DoD and DoC previously supported Ligado’s proposal, the DoD changed course and launched a “reckless campaign of misinformation, scientifically meritless arguments and unsubstantiated fear-mongering about alleged harmful interference by Ligado’s proposed terrestrial 5G services with GPS.” 

Ligado is seeking “just compensation for the government’s physical, categorical, regulatory and legislative takings of Ligado’s property.”

“We have worked diligently and in good faith with other government agencies to try and reach a fair resolution that would allow us to deploy our spectrum or be compensated appropriately. However, at this stage, DoD’s, DoC’s and NTIA’s unlawful actions have left us no choice but to pursue litigation to defend our interests, protect our employees and stakeholders and uphold the rule of law,” Ligado CEO Doug Smith said about filing the suit.