Dish Network's argument for a delay in certifying the class in a lawsuit focuses on an "attenuated and nebulous" argument that the Supreme Court's pending decision in a separate case could have some bearing, the plaintiffs in Ernst et al. v. Dish and Sterling Infosystems said in an opposition memorandum of law filed Tuesday in U.S. District Court in Manhattan. The 2012 suit (case No. 1:12-cv-08794-LGS) alleges Dish and background check company Sterling violate the federal Fair Credit Reporting Act (FCRA) in their use of credit reports to do background checks on prospective employees or subcontractors. Dish earlier this month filed a motion to stay the plaintiffs' motion for class certification, saying the Spokeo vs. Robbins case now before the Supreme Court -- which also involves alleged FCRA violations -- will affect class certification and court jurisdiction issues. But Dish has litigated the case for months with Spokeo pending, and "only now, facing an adverse decision on class certification" does the Supreme Court matter come up, the plaintiffs said. For Spokeo to overlap into the Dish case, they said, "the Court would be required to issue a sweeping decision extending well beyond the issues presented and to overturn well-established precedent regarding informational injuries."

LightSquared has dropped GPS receiver maker Trimble from the list of defendants in its 2013 lawsuit brought against Deere, Garmin and Trimble and the U.S. GPS Industry Council (see 1311040060) after they raised concerns that LightSquared's LTE network could interfere with GPS signals in adjacent spectrum space. Those concerns led to the FCC's revoking LightSquared’s terrestrial spectrum license, ultimately forcing it into bankruptcy. U.S. District Court Judge Richard Berman of Manhattan on Monday signed an order granting LightSquared a stipulation of voluntary dismissal without prejudice. The court filing gave no details about the confidential agreement with Trimble, except that each side will bear its own costs. The Trimble agreement follows an agreement between LightSquared and Deere that has LightSquared foregoing use of 1545-1555 MHz in its LTE plans (see 1512080022). In a joint statement Tuesday, LightSquared and Trimble said they "agreed to work together with the relevant government agencies to implement a mutually acceptable compromise approach to resolution of the outstanding issues relating to use of New LightSquared’s spectrum. Pending further discussions with the agencies, the parties have agreed to maintain confidentiality with respect to the details of the proposed compromise approach.”

SiriusXM Radio plans to drift its FM-5 satellite from 96 degrees west to 86.15 degrees west. In an FCC International Bureau filing Friday, Sirius asked for a modification of its FM-5 license for the drift and to operate the satellite during that relocation, and to renew the satellite's license to operate for eight additional years, through Aug. 25, 2025. Sirius is moving from a hybrid constellation to a geostationary satellite constellation of FM-5 and FM-6, it said. The company plans to begin drifting FM-5 in March, and after that drift is complete to retire the three nongeostationary satellites that make up its legacy constellation, it said. The FM-5 drift is expected to take 14 days, Sirius said.

With its 29e scheduled for a Jan. 27 launch, Intelsat is seeking FCC special temporary authority to do in-orbit testing (IOT) of the satellite while it's at 49.7 degrees west and then to drift it to its permanent location of 50 degrees west. Intelsat said in an International Bureau filing Friday it has wrapped up coordination talks with Dish Network, Hispasat and Inmarsat, which have co-frequency, co-coverage satellites within six degrees of 49.7 degrees west, and is in coordination talks with SES World Skies. The IOT is to run Feb. 8-April 7, Intelsat said. The 29e will be the first satellite of the company's high-throughput EpicNG constellation (see 1512110038).

Critics of Globalstar's planned latest broadband terrestrial low-power service are intensifying TLPS lobbying before the FCC. Ex parte notices from Google and the Wireless Communications Association International (WCAI) were posted Monday in docket 13-213 indicating representatives met with agency officials to raise TLPS questions. WCAI's filing repeated its contention (see 1511020016) Globalstar failed to show how TLPS "will meet Globalstar's absolute obligation" to protect broadband radio service and educational broadband service operations in adjacent bands. WCAI's filing said it and Sprint representatives met with Edward Smith, aide to Chairman Tom Wheeler. Google in its filing said it met with Commissioner Jessica Rosenworcel and front-line Wheeler staff. While Wi-Fi and other public uses of the unlicensed 2472-2483.5 MHz spectrum "are effectively precluded" because they might interfere with Globalstar's satellite operations above 2484.5, Globalstar's TLPS "is at bottom a proposal for compatible terrestrial and satellite uses of these same frequencies," Google said. So the FCC "should reassess whether public use of Channel 14 ... is possible without harmful interference" to Globalstar's mobile satellite service (MSS) operations, it said. And if they're compatible, Google said, any TLPS approval should wait until after a rulemaking changing the technical rules on general public use of the 2.4 GHz unlicensed band. Google also listed a variety of questions it said Globalstar needs to address, including whether Globalstar's TLPS interferes with its own satellite service and what scenarios might require mitigation, and how does its harmful interference concern about public operation of Part 15 devices in channel 14 differ from interference concerns between TLPS and its own MSS. The ex parte filings followed a similar one posted Friday by the Entertainment Software Association, Microsoft, NCTA and Wi-Fi Alliance (see 1512110068). In a statement, Globalstar said that when it filed its petition three years ago, "We knew that our proposed TLPS operations on Channel 14 would have a substantial positive impact on the worsening Wi-Fi congestion happening around the country. While we never proposed TLPS as the only solution, we certainly understood then that it would provide immediate relief while the Commission and the industry continued to consider other possibilities that would take years, if not a decade or more, to come to fruition. Three years later, TLPS still represents the only immediate solution, and our real world demonstrations and deployments this year have entirely exceeded our own expectations regarding the substantial benefits that we can provide to consumers wanting a better mobile broadband experience." Globalstar also said it expects the FCC to finish its review "after the new year."

Intelsat 29e, the first satellite of the company's high-throughput EpicNG constellation, arrived at the Guiana Space Centre in Kourou, French Guiana, and is being readied for its scheduled Jan. 27 launch, Intelsat said in a news release Friday. The satellite is intended to bring high-throughput capacity in the C- and Ku- bands to North and Latin America and the North Atlantic region, and EpicNG customers include Anditel, BT Latam Venezuela, Compania Anonima Nacional Telefonos de Venezuela, Canal 10 CETV, Fox Latin America Channels do Brasil and Telefonica del Peru, it said. Intelsat 29e is expected to begin service at 310 degrees east in mid-2016, the company said.

Harris CapRock Communications wants to add a terminal to its existing earth station onboard vessel (ESV) license. In an FCC International Bureau filing Thursday, Harris CapRock said it wanted to add 100 Intellian Model v240M ESVs to the license for operations in the C- and Ku -bands. It said the aim is to improve its commercial ESV network serving the government and some industries.

Satellite companies continue to lobby on proposed Part 25 rule changes before the FCC's expected vote Thursday. In an ex parte filing posted Friday in docket 12-267, the Satellite Industry Association said it urged in meetings with representatives of Chairman Tom Wheeler and Commissioners Mignon Clyburn and Ajit Pai that the commissioners back the Part 25 report and order on the Dec. 17 meeting agenda. SIA said there has been no opposition to its proposals in the docket, including the FCC submitting the appropriate ITU filing for a geostationary orbit (GSO) satellite for non-planned fixed satellite service spectrum bands before requiring a full FCC application be filed, and that the agency should expand the proposal to allow ITU filing before a license application for all GSO and nongeostationary (NGSO) satellite operations in satellite service frequency bands. SIA also supported streamlining the milestones and bonds rules, saying the agency shouldn't increase bond amounts and should streamline the critical design review (CDR) milestone by allowing use of such evidence as the CDR meeting agenda and minutes. Iridium in its own ex parte filing posted Friday said the FCC proposal that a bond be posted when ITU papers are filed for a satellite system or network as means for facilitating that ITU filing shouldn't apply to NGSO since the commission already allows for NGSO applications to be forwarded without a bond filing to ITU. The industry has also been lobbying in recent days on proposed changes to two-degree spacing rules (see 1512100026).

LightSquared's compromise with Deere should lead to it receiving the spectrum license modifications it needs for its proposed LTE broadband network, LightSquared said in an ex parte filing posted Friday in docket 12-340 on its meeting with FCC officials. LightSquared representatives discussed the terms of its Deere coexistence agreement (see 1512090024) with FCC staff, including Chairman Tom Wheeler Senior Counselor Phil Verveer. The centerpiece of the coexistence agreement is LightSquared's abandonment of the 1545-1555 MHz band, it said. The agreement "should establish a constructive industry paradigm that gives clarity to all relevant firms and government agencies," LightSquared said. In a statement, the GPS Innovation Alliance said it "supports LightSquared’s goal of bringing broadband to rural and underserved areas, as long as GPS is protected from interference. GPSIA continues to participate in the ongoing government proceedings to ensure that both technologies can coexist harmoniously.”

DirecTV should change or end advertising claims challenged by Charter Communications on prices, wireless offerings and that all its programming is available with 4K resolution, said the Council of Better Business Bureaus-affiliated National Advertising Division in a news release Wednesday. NAD said Charter's complaint deals with DirecTV's "Hannah and Her Horse" ad campaign, in which the direct broadcast satellite company said it has 4K video. Given that it "offers only a small number of movies in 4K and not general programming" but seems to imply it has far more 4K content, DirecTV should modify its claim "to clearly address the developing nature of 4K technology," NAD said. DirecTV also should make it clearer that 4K programming and a wireless HD DVR service are not included in a $19.99 advertised promotional price and that the device, not DirecTV itself, is wireless, it said. In a statement, DirecTV indicated it plans to appeal to the National Advertising Review Board and that it disagrees with NAD's findings.