July 22, 2020 | International, C4ISR
Joel Thayer , Harold Feld , and Daniel Hoffman
The Department of Defense and the Department of Transportation are far from the first to try to upend an independent agency's proceeding. However, these executive agencies have been far more aggressive than normal in that pursuit in response to the Federal Communications Commission's April 20 Ligado decision. This dispute significantly compromises the United States' leadership in global markets — by both undermining domestic initiatives and by undercutting our policy positions internationally.
The recent dispute concerning Ligado pits the DoD and DOT on one side, and the Federal Communications Commission, the State Department and Attorney General Bill Barr on the other. This dispute involves the FCC's unanimous decision to grant new wireless entrant Ligado's request to modify its licenses to provide a national, low-power 5G network for Internet of Things services.
The Ligado decision took nearly two decades, all told. It is not overstating to say that what should be a straightforward engineering decision has devolved into a watershed moment that, if Congress doesn't act, may prevent the U.S. from deploying 5G at a rate greater or equal to China or other international sovereigns. Worse, it will deprive Americans of competition, wireless innovation and related economic growth for years to come.
IoT enabled by 5G will revolutionize everything from precision agriculture to self-driving cars. By focusing exclusively on IoT, Ligado can expedite the deployment of this technology while traditional wireless carriers focus on building out consumer-oriented 5G networks. This will accelerate deployment of 5G networks and introduce competition into the nascent IoT market. This is why Barr (whose Antitrust Division concentrates on competition) and the State Department (which wants to see the U.S. retain wireless leadership in global markets) have supported the FCC's decision.
Ostensibly, the DoD and DOT say that Ligado will interfere with sensitive GPS operations. But its rationale does not survive even casual scrutiny. In recent weeks, internal emails from the DoD have surfaced showing that at least some of the DoD's own spectrum experts categorically agreed with the FCC that Ligado posed no threat, but were overruled by their superiors.
The real issue is that the DoD and DOT are the largest and most powerful federal spectrum users. Any growth in 5G will require them to make further adjustments. Oddly, neither agency operates near Ligado's spectrum, and yet they seek to impede Ligado's ability to innovate in it. Put simply, Ligdao is just the unlucky party caught in the middle of their broader interagency spectrum fight.
Congress made the FCC an independent, expert agency to prevent precisely this kind of situation. One of the most important reasons the FCC even exists is to set uniform rules for commercial wireless networks so that equipment can interoperate and companies can innovate, which ensures consumers ultimately reap the benefits of their products.
Unfortunately, the Senate and House Armed Services committees intend to end run the agency by including provisions in the National Defense Authorization Act that, in effect, prevent stakeholders that work with the Defense Department — either directly or indirectly — from using Ligado's network, which includes just about every major company in America.
The U.S. squabbling with itself only yields an uncontested “win” for China. Our competitors are coordinated and not stumbling over themselves on petty spectrum disputes. They are certainly not waiting for the United States government to get its act together.
To the contrary, as the House Appropriations Committee observed in its report on the FCC's budget: “The U.S. is falling behind other countries in the allocation of [5G] spectrum.” Chinese-owned companies Huawei and ZTE have already bought up significant wireless infrastructure for its 5G networks across the globe and have begun deploying IoT services in the same or similar bands the FCC authorized for Ligado. If that happens, it's China that sets the terms for 5G, which adversely affects our nation's security given China's penchant for international data aggregation.
Upending the FCC would hand China a nearly insurmountable advantage in the race to 5G. Also, if Congress sides with the DoD and DOT instead of observing the FCC's 17-year-long rigorous testing and analysis, which included that of the DOT's and the Defense Department's own spectrum experts, then the FCC will be effectively paralyzed going forward. Congress needs to put a stop to these games before they do permanent damage and let the FCC do its job.
Joel Thayer focuses his practice on telecommunications, regulatory and transaction matters, as well as privacy and cybersecurity issues. Harold Feld has worked in telecommunications law for more than 20 years. He is senior vice president of Public Knowledge, a 501(c) that advocates for policies to expand broadband access. Public Knowledge has provided support for Ligado several times in the FCC proceeding. Ligado sponsors its IP3 award at the $5,000 level. Daniel Hoffman worked in the CIA, where he was a three-time station chief and a senior executive clandestine services officer. He has been a Fox News contributor since May 2018.
July 26, 2023 | International, Aerospace
Airline executives are fuming about the prospect of grounding planes and trimming flight capacity amid a busy summer travel season after fresh problems arose with some of RTX's Pratt & Whitney engines.
August 27, 2020 | International, Aerospace
By Garrett Reim The US Army has awarded 10 contracts worth $29.8 million for development of Air Launched Effects technologies, which include unmanned air vehicles (UAVs) that the service sees as working alongside its helicopters. The projects are divided into three focus areas: air vehicle; mission systems; and payloads. The aim of the projects is to eventually produce a new and more advanced Air Launched Effect prototype, the service said on 24 August. Air Launched Effects are a broad category of UAVs that would act as extensions of rotorcraft, performing missions involving reconnaissance, electronic warfare and loitering munition strikes. The service sees Air Launched Effects as important tools for reaching into enemy territory while keeping rotorcraft beyond the range of adversaries' anti-aircraft weapons. It plans to use the drones from its Boeing AH-64 Apache attack helicopters and General Atomics Aeronautical Systems MQ-1C Gray Eagle UAVs, as well as its Future Attack Reconnaissance Aircraft. Alliant Techsystems Operations, Raytheon and Area-I won contracts for Air Launched Effects vehicle design development. In March, the army demonstrated a Sikorsky UH-60 Black Hawk launching an Area-I ALTIUS drone from just 100ft above the ground. L3 Technologies, Rockwell Collins and Aurora Flight Services won mission systems contracts, and Leonardo Electronics, Technology Service, Raytheon, and Alliant Techsystems secured payloads contracts. The army says it plans to select designs for the Air Launched Effect vehicle, payload and mission system for its final prototype in 15 months. The service wants to initially field its prototype in fiscal year 2024. https://www.flightglobal.com/military-uavs/us-army-pushes-air-launched-effects-development-with-30-million-in-contracts/139908.article?referrer=RSS
March 16, 2020 | International, Aerospace, Naval, Land, C4ISR, Security
NAVY BAE Systems, San Diego Ship Repair, San Diego, California (N00024-16-D-4419); Huntington Ingalls Industries Inc., San Diego, California (N00024-16-D-4420); and General Dynamics, National Steel and Shipbuilding Co., San Diego, California (N00024-16-D-4421), are awarded a $171,876,527 firm-fixed-price modification to exercise Option Period Four to previously awarded indefinite-delivery/indefinite-quantity, multiple award contracts for complex, emergent and continuous maintenance and Chief of Naval Operations (CNO) availabilities on amphibious ships (landing platform/dock, landing ship dock, landing helicopter assault and landing helicopter dock) homeported in San Diego, California. Work will be performed in San Diego, California, at contractor facilities or Naval Base San Diego and is expected to be completed by March 2021. The exercising of these options ensures continued facilities and human resources capable of completing complex, emergent and continuous maintenance, repair, modernization and CNO availabilities on amphibious ships assigned to or visiting the port. Awards under Option Period Four have an estimated cumulative value of $171,876,527. No funding is obligated at the time of award. The Southwest Regional Maintenance Center, San Diego, California, is the contracting activity. Manson/Connolly Seal Beach JV, Seattle, Washington, is awarded $66,530,000 which provides for exercise of Options One, Two and Three under a firm-fixed-price contract for the construction and building operations of Ammunition Pier, Naval Weapons Station Seal Beach, the reconstruction of Anaheim Bay Road, and the construction of the Smoke Shack Building. Work will be performed in Seal Beach, California, and the performance period will be extended for an additional 600 calendar days. The work includes labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering and other items necessary to provide dredging, constructing and several building operations. After award of these options, the total cumulative contract value will be $154,677,000. Fiscal 2020 military construction funds in the amount of $66,530,000 are obligated on this award and will not expire at the end of the current fiscal year. Naval Facilities Engineering Command Southwest, San Diego, California, is the contracting activity (N62473-19-C-2450). Northrop Grumman Systems Corp., Bethpage, New York, is awarded a $49,143,009 cost-plus-fixed-fee and cost-only modification to a previously awarded contract (N00024-17-C-6311) for engineering services to support the Littoral Combat Ship Mission Modules Program. Work will be performed Bethpage, New York (32%); Mayport, Florida (18%); San Diego, California (18%); Port Hueneme, California (18%); Pittsfield, Massachusetts (8%); Panama City, Florida (1%); Washington, District of Columbia (1%); and various other locations less than one percent (4%). Engineering services will be provided to support the existing efforts of the Littoral Combat Ships Mission Modules Program. Incidental other direct cost items are also provided in support of said engineering services. Work is expected to be complete by March 2021. Fiscal 2020 operations and maintenance (Navy); fiscal 2018 and 2020 other procurement (Navy); fiscal 2020 research, development, test and evaluation (Navy); and fiscal years 2014, 2015, 2016 and 2017 shipbuilding and conversion (Navy) funding in the amount of $21,857,006 will be obligated at time of award. Funding in the amount of $18,825,998 will expire at the end of the current fiscal year. The Naval Sea Systems Command, Washington, District of Columbia, is the contracting activity. L-3 Harris, Northampton, Massachusetts, is awarded a $14,181,070 firm-fixed-price modification to a previously-awarded contract (N00024-16-C-5366) to exercise options for Mk 20 Mod (automatic grenade launcher) 1 Electro-Optical Sensor Systems, radar cross-section kits, shock ring kits and spares for both the Navy and Coast Guard (USCG). Work will be performed in Northampton, Massachusetts, and is expected to be complete by March 2022. This option exercise is for additional Mk 20 Mod 1 Electro-Optical Sensor Systems, radar cross-section kits, shock ring kits and spares to support the Mk 34 gun weapon systems in support of anti-air warfare and anti-surface warfare. The Mk 20 EOSS is a major component of the gun weapon systems employed by the Guided Missile Destroyer (DDG 51 class); Ticonderoga-class cruiser (CG 47 class); and the USCG's offshore patrol cutters. Fiscal 2020 other procurement (Navy); fiscal 2020 shipbuilding and conversion (Navy); and fiscal 2020 other procurement (USCG) funding in the amount of $14,181,070 will be obligated at time of the award and will not expire at the end of the current fiscal year. The Naval Sea Systems Command, Washington, District of Columbia, is the contracting activity. Northrop Grumman Systems Corp. - Marine Systems, Sunnyvale, California, is awarded a $11,244,675 cost-plus incentive-fee, contract modification (P00003) to a previously awarded contract (N00030-19-C-0015) for technical engineering services, design and development engineering, component and full scale test and evaluation engineering, and tactical underwater launcher hardware production to support the development and production of the Common Missile Compartment. Work will be performed in Sunnyvale, California (55%); Ridgecrest, California (20%); Cape Canaveral, Florida (10%); Bangor, Washington (5%); Kings Bay, Georgia (5%); Barrow-In-Furness, England (2%); New London, Connecticut (1%); Quonset Point, Rhode Island (1%); and Arlington, Virginia (1%), and is expected to be completed by March 2024. Fiscal 2020 shipbuilding and conversion Navy funding in the amount of $9,097,994 will be obligated on this award. Fiscal 2020 United Kingdom Common funding in the amount of $2,146,681 will be obligated on this award. No funds will expire at the end of the current fiscal year. Strategic Systems Programs, Washington, District of Columbia, is the contracting activity. Cabrillo Enterprises,* doing business as R.W. Little,* National City, California (N55236-16-D-0005); South Bay Sand Blasting and Tank Cleaning Inc.,* San Diego, California (N55236-16-D-0006); and Surface Technologies Corp.,* Atlantic Beach, Florida (N55236-16-D-0007), is awarded $10,000,000 for a combined overall ceiling increase due to modifications under previously-awarded indefinite-delivery/indefinite-quantity, multiple-award contracts to exercise Option Year Four in support of deck covering removal and non-skid installation services onboard Navy ships. Work will be performed in San Diego, California, and may include Oceanside, California. Each contractor shall provide all management, administrative services, materials, tools, equipment, labor, rigging, scaffolding, utilities (i.e. air, water and electricity, etc.) and required services and support to accomplish deck covering removal and non-skid installation onboard Navy ships within a 50-mile radius of San Diego. Work is expected to be complete by April 2021. Actual funding will be identified per individual task order. No funding is obligated at the time of award. The Southwest Regional Maintenance Center, San Diego, California, is the contracting activity. Engility Corp., Andover, Massachusetts, is awarded an $8,782,647 modification (P00012) to a previously awarded, cost-plus-fixed-fee, cost reimbursable, firm-fixed-price delivery order (N68936-19-F-0307) against a General Services Administration One Acquisition Solution for integrated services multiple award contract. Work will be performed in Point Mugu, California (90%); Patuxent River, Maryland (1.79%); Whidbey Island, Washington (1.79%); Edwards Air Force base, California (1.79%); Huntsville, Alabama (1.79%); China Lake, California (1.07%); Dayton, Ohio (1.07%); El Segundo, California (0.70%); and is expected to be completed in March 2021. This modification exercises an option for engineering, technical and programmatic support services for the development of electronic attack and electronic warfare products within the Airborne Electronic Attack Integrated Program. Fiscal 2020 research, development, test and evaluation (Navy) funds in the amount of $75,000; and fiscal 2020 operations and maintenance (Navy) funds in the amount of $156,000 will be obligated at the time of award, $156,000 of which will expire at the end of the fiscal year. The Naval Air Warfare Center Weapons Division, Point Mugu, California, is the contracting activity. Penn State University Applied Research Lab, University Park, Pennsylvania, is awarded an $8,404,271 cost-plus-fixed-fee contract for the Advanced Broadband Navigation Sonar System Future Naval Capabilities Program. This contract provides for the development and demonstration of technologies associated with continuous subsea autonomous navigation by developing and demonstrating improvements to navigational sonar systems. Improved estimation of positon and velocity afforded by advanced sonar processing will provide naval platforms with increased navigational performance for undersea platforms. Work will be performed in University Park, Pennsylvania, and is expected to be complete by March 2023. The total cumulative value of this contract is $8,404,271. The base period is $8,404,271, and no options are to be exercised. The action will be incrementally funded with an initial obligation of $1,925,613 utilizing fiscal 2019 research, development, test and evaluation funds, and will expire at the end of the current fiscal year. This contract was competitively procured under the “Long Range Broad Agency Announcement for Navy and Marine Corps Science & Technology” (N00014-18-S-B001) via the Federal Business Opportunities website. The Office of Naval Research, Arlington, Virginia, is the contracting activity (N00014-20-C-1061). ARMY Brantley Construction Co. LLC,* Charleston, South Carolina (W912HN-20-D-4004); Howard W. Pence Inc.,* Elizabethtown, Kentucky (W912HN-20-D-4004); Military & Federal Construction Co. Inc.,* Jacksonville, North Carolina (W912HN-20-D-4004); and Windamir Development Inc.,* McDonough, Georgia (W912HN-20-D-4004), will compete for each order of the $75,000,000 firm-fixed-price contract for new construction, design, renovation, upgrades, improvement and maintenance or repair of government facilities. Bids were solicited via the internet with 28 received. Work locations and funding will be determined with each order, with an estimated completion date of March 12, 2025. U.S. Army Corps of Engineers, Savannah, Georgia, is the contracting activity. Sierra Four Industries,* Fort Collins, Colorado (W15QKN-20-D-0013); Culmen International,* Alexandria, Virginia (W15QKN-20-D-0014); Multinational Defense Services,* McLean, Virginia (W15QKN-20-D-0015); Ultra Defense Corp.,* Tampa, Florida (W15QKN-20-D-0016); Global Ordnance LLC,* Sarasota, Florida (W15QKN-20-D-0017); Blane International, Cumming, Georgia (W15QKN-20-D-0018); and Greystone LLC, Pace, Florida (W15QKN-20-D-0019), will compete for each order of the $350,000,000 firm-fixed-price contract for procurement of weapons, parts, optics, accessories, tools and manuals for various commercial, foreign, non-standard and U.S. obsolete weapon systems. Bids were solicited via the internet with 11 received. Work locations and funding will be determined with each order, with an estimated completion date of March 12, 2025. U.S. Army Contracting Command, New Jersey, is the contracting activity. The Dutra Group, San Rafael, California, was awarded a $21,550,000 firm-fixed-price contract for West Coast Hopper Maintenance Dredging. Bids were solicited via the internet with two received. Work will be performed in Hammond, Oregon; and Samoa, California, with an estimated completion date of March 15, 2021. Fiscal 2020 civil operation and maintenance funds in the amount of $21,550,000 were obligated at the time of the award. U.S. Army Corps of Engineers, Portland, Oregon, is the contracting activity (W9127N-20-C-0009). Mission Essential LLC, New Albany, Ohio, was awarded a $12,406,907 cost-plus-fixed-fee contract for linguist, translation, interpretation and transcription services in support of U.S. Army Africa Command. Bids were solicited via the internet with one received. Work will be performed in New Albany, Ohio, with an estimated completion date of Dec. 14, 2020. Fiscal 2020 operations and maintenance, Army funds in the amount of $12,406,907 were obligated at the time of the award. U.S. Army Contracting Command, Detroit Arsenal, Michigan, is the contracting activity (W50NH9-20-C-0008). DEFENSE THREAT REDUCTION AGENCY Booz Allen Hamilton, McLean, Virginia (HDTRA1-16-C-0012), is issued a contract modification (P00036) to exercise Option Period Four line items with a ceiling value of $37,892,180, with an effective date of May 27, 2020. This does not include the value of the unexercised options. This contract is for advisory and assistance services in support of the Program Integration Division of the Cooperative Threat Reduction Program. Performance of this contract will take place at Lorton, Virginia; Fort Belvoir, Virginia; and at various locations throughout the world. The anticipated completion date of this option period is May 26, 2021. The contract was a competitive acquisition; the government received one offer. The Defense Threat Reduction Agency, Fort Belvoir, Virginia, is the contracting activity. AIR FORCE General Dynamics Ordnance and Tactical Systems Inc., Garland, Texas, has been awarded a $26,464,692 firm-fixed-price contract for warhead assemblies. This contract provides for the additional procurement of BLU 111 Engineering Change Proposal warhead assemblies. Work will be performed in Garland, Texas, and is expected to complete by June 2021. Fiscal 2018, 2019 and 2020 procurement funds in the full amount are being obligated at the time of award. Air Force Life Cycle Management Center, Eglin Air Force Base, Florida, is the contracting activity (FA8681-19-C-0015). Alliant Techsystems Operations LLC, doing business as Northrop Grumman Defense Systems, Rocket Center, West Virginia, has been awarded a $24,695,129 firm-fixed-price contract for warhead assemblies. This contract provides for the additional procurement of BLU 111 Engineering Change Proposal warhead assemblies. Work will be performed in Rocket Center, West Virginia, and is expected to complete by June 2021. Fiscal 2018, 2019 and 2020 procurement funds in the full amount are being obligated at the time of award. Air Force Life Cycle Management Center, Eglin Air Force Base, Florida, is the contracting activity (FA8681-19-C-0016). Major Tool and Machine Inc., Indianapolis, Indiana, has been awarded a $22,796,400 firm-fixed-price contract for warhead assemblies. This contract provides for the additional procurement of BLU 111 Engineering Change Proposal warhead assemblies. Work will be performed in Indianapolis, Indiana, and is expected to complete by June 2021. Fiscal 2018, 2019 and 2020 procurement funds in the full amount are being obligated at the time of award. Air Force Life Cycle Management Center, Eglin Air Force Base, Florida, is the contracting activity (FA8681-19-C-0013). U.S. TRANSPORTATION COMMAND UPDATE: A contract announced on Nov. 8, 2019, with an estimated program value of $5,700,000,000, has added Canadian Commercial Corp., Ottawa, Ontario, Canada (HTC711120DR008), as one of 18 awardees to provide worldwide Federal Aviation Regulation Part 135 airlift services utilizing fixed and/or rotary wing aircraft to transport Department of Defense and other federal agency personnel and cargo. (Awarded March 12, 2020) *Small Business https://www.defense.gov/Newsroom/Contracts/Contract/Article/2111974/source/GovDelivery/