In a development with implications for the current debate over LightSquared’s planned wireless broadband network, wireless association CTIA and the U.S. GPS Industry Council (USGIC) petitioned the FCC to retract a provision, contained in a recent FCC order, which holds adjacent band incumbents responsible for avoiding interference from MSS operations. At issue is a paragraph in an FCC order, released last April, that revises the agency’s rules to extend secondary market leasing rules to MSS providers in the 2 GHz, Big LEO and L-bands and to add co-primary fixed and mobile terrestrial allocations in the 2 GHz S-band. Specifically, the paragraph in question states that “responsibility for protecting services rests not only on new entrants but also on incumbent users themselves, who must use receivers that reasonably discriminate against reception of signals outside their allocated spectrum.” Adding that “extensive” terrestrial operations in the L-band “have been anticipated . . . for at least eight years,” the FCC further states that, while it is “committed to preventing harmful interference to GPS . . . we will look closely at additional measures that may be required to achieve efficient use of the spectrum, including the possibility of establishing receiver standards relative to the ability to reject interference from signals outside their allocated spectrum.” Charging that such language stands “in direct conflict with the Commission’s existing rules,” CTIA reminded the FCC that, in previous rulemaking proceedings, “the Commission expressly limited the potential for harmful interference from MSS/ATC operations by adopting rules that place the burden of out-of-band interference protection on those MSS/ATC providers.” As CTIA called on the FCC to clarify “that the Commission did not in any way intend to limit [these] interference protections . . . by now reversing its prior decision,” USGIC advised the FCC that “affording such unprotected MSS ATC operations special rights is fundamentally incompatible with the spectrum environment that is established in the ITU Radio Regulations.”