The Daily Caller

The Daily Caller
WASHINGTON, DC - DECEMBER 01: U.S. Federal Communications Commission Chairman Julius Genachowski speaks to the media on the importance of net neutrality December 1, 2010 at the headquarters of the FCC in Washington, DC. Genachowski outlined a framework for broadband internet service providers that would prohibit them from blocking or limiting lawful online content. (Photo by Alex Wong/Getty Images)  WASHINGTON, DC - DECEMBER 01: U.S. Federal Communications Commission Chairman Julius Genachowski speaks to the media on the importance of net neutrality December 1, 2010 at the headquarters of the FCC in Washington, DC. Genachowski outlined a framework for broadband internet service providers that would prohibit them from blocking or limiting lawful online content. (Photo by Alex Wong/Getty Images)   

Documents show Obama’s FCC used regulatory muscle to destroy LightSquared’s competition

The Daily Caller has obtained documents, emails and communications showing how President Barack Obama’s Federal Communications Commission demolished wireless broadband company LightSquared’s competition through a pattern of regulatory decisions apparently aimed at establishing an “open-access” Internet in the United States.

The FCC successfully green-lighted LightSquared’s corporate formation in 2009 by allowing Wall Street hedge fund Harbinger Capital Partners to purchase majority ownership in satellite company SkyTerra. A major obstacle that still remained in LightSquared’s way was competitor GlobalStar.

GlobalStar had a similar operation to the one LightSquared was building at the time. A major difference, though, was GlobalStar’s already-orbiting satellites, and the broadband Internet access it was already providing to Americans in rural areas of the country.

GlobalStar leased terrestrial spectrum to Open Range Communications, a company that provided broadband Internet access to customers in underserved parts of rural America. Open Range’s business model depended on a 2008 loan, worth $264 million, from the U.S. Department of Agriculture’s Rural Utilities Service.

In 2008 the FCC gave GlobalStar a 16-month waiver from so-called “gating” rules, which required it to guarantee that its satellite service would be continuously available everywhere it offered broadband service, and also required it to maintain spare satellites in case of an urgent need. GlobalStar had said the issues its system faced would be fixed when it could launch 24 new satellites, which it planned to do by July 1, 2010.

The waiver was meant to allow GlobalStar and Open Range to continue building their networks while GlobalStar fixed those issues. Open Range depended on GlobalStar for its continued operation.

Then, the unthinkable happened: On April 6, 2009 an earthquake struck L’Aquila, Italy, damaging a factory that made component parts essential to GlobalStar’s satellites. The factory closed, reopening eight months later in early December 2009. (RELATED: Documents: LightSquared shaping up as the FCC’s Solyndra)

Citing the earthquake and disruptions because of the global financial meltdown, GlobalStar filed a request with the Obama administration’s FCC on Dec. 14, 2009, asking for an additional temporary waiver from the agency’s requirements so it could continue building its network.

The FCC didn’t acknowledge receipt of the extension request until March 5, 2010, and didn’t open it up for public notice until four weeks later, on April 2.

During the months while GlobalStar’s request languished in the FCC’s slow-moving bureaucracy, the agency was helping to finalize the sale of SkyTerra to Harbinger. That company would ultimately become LightSquared.

On Feb. 26, 2010, one week before the FCC acknowledged GlobalStar’s request, Harbinger and the FCC agreed on conditions that would forbid LightSquared from selling to Verizon and AT&T any spectrum it would later acquire.

Verizon and AT&T are the nation’s two largest wireless carriers.

FCC spokeswoman Tammy Sun did not answer when The Daily Caller asked her to explain why GlobalStar’s waiver extension request was delayed for 75 days, during the same time the FCC was finalizing its deal with LightSquared executives.

Also during those late spring months in 2010, several advocacy groups funded by left-wing billionaire George Soros were advocating for the adoption of “open-access” Internet rules. Soros’ Open Society Institute has donated more than $1 million to the four organizations that comprise the Public Interest Spectrum Coalition. He is reported to have invested $200 million personally in Harbinger.

Public Interest Spectrum Coalition member groups hold the position that spectrum “belongs to the public” and should be subject to as little corporate influence as possible. Their goal is to create a community-oriented, taxpayer-subsidized and highly regulated broadband system, essentially making Internet access a public utility.