ViaSat says it intends to sue UK telecoms regulator OfCom

ViaSat says it intends to take legal action against OfCom, the UK’s telecommunications regulator, over its handling of frequency allocations for the European Aviation Network (EAN).

The EAN is the new hybrid air-to-ground inflight connectivity system being prepared by Inmarsat and Deutsche Telekom. The system uses a series of ground towers and a satellite to provide coverage over Europe.

This latest comment comes after ViaSat, Eutelsat and Panasonic had already lodged a complaint with the European Court of Justice seeking an injunction on the proposed EAN service.

They say Inmarsat is violating the terms of its license by “passing off a terrestrial network as a satellite system”.

But Inmarsat says the claim lodged by ViaSat, Inc. against the European Commission is “based on arguments previously put forward to the European Commission and national regulators without success”.

In response to Ofcom’s endorsement of the European Aviation Network (EAN) this week, ViaSat’s Rick Baldridge, President and Chief Operating Officer at ViaSat, said: “We are extremely disappointed by Ofcom’s decision to grant Inmarsat authorisation to operate its EAN.

“The facts are clear: Inmarsat is abusing the initial grant of the 2GHz spectrum, as set forth by the European Commission (EC).”

ViaSat says it is doing this by:

• Changing the original tender granted to them with their intent to deploy a Pan-European terrestrial wireless network; and

• Admittedly missing numerous deadlines as related to the original award.

An LTE ground station for the EAN. Image: Deutsche Telekom.

Baldridge said: “This blatant misuse of spectrum needs to stop now. It establishes precedent for any organization to use spectrum without following the rules.

“As we’ve publicly stated: we believe the EAN violates the original decision of the EU legislature that the S-Band be used for mobile satellite systems – not a terrestrial wireless network (also known as an Air-to-Ground or ATG). We remain diligent in our efforts to have the EC:

• Halt Inmarsat’s ATG deployments in the S-Band;

• Declare Inmarsat’s ATG plans as inconsistent with EU law and the original S-Band spectrum award; and

• Retender the spectrum.

“And we’re not alone,” Baldridge said.

“A number of regulators have shared their own frustration with the EC’s failure to act, despite requests for the EC to address this critical legal question.

“If the EC does not do the right thing and make clear that Inmarsat’s ATG deployment is not a permitted use of the original granted spectrum, we will be left with no other option: we will fight the decision in each country that authorizes an illegal ATG network deployment.”

In recent weeks, ViaSat says it has taken a strong stand in fighting the EAN across Europe, by advancing its legal actions against Belgium and the European Commission; and filing challenges with German and Italian regulators, making clear that it will take further legal action in Germany and Italy if they allow Inmarsat to implement EAN as advertised.

“We now fully expect to pursue legal action against Ofcom as a result of their decision this week,” Baldridge said.

“Get Connected’s” Steve Nichols spent some time with Frederik van Essen, Inmarsat Aviation’s Senior Vice President, Strategy and Business Development, at the recent APEX Expo.

Van Essen said: “The first EAN test flights have started – now that the satellite is up and running, we can begin testing the whole integrated system of the satellite and complementary ground system.

“Early tests along the Southwest coast of the UK saw the 75+ Mbps throughputs confirmed (and even up to 100 Mbps at times). The first pilot flights on commercial aircraft are planned to take place later this year.

“In terms of ViaSat’s objections, we see no merit in their arguments. We are confident that it will go nowhere,” he said.

in response to this latest news Van Essen added: “The news that ViaSat is planning to take legal action against OfCom comes as no surprise. ViaSat has made representations previously to the European Commission and failed.

“They presented similar arguments to OfCom during last year’s UK consultation process and failed. Having been unable to win with their previous arguments, they are now resorting to legal action in yet another an attempt to delay the launch of the European Aviation Network.

“We consider ViaSat’s claims to be entirely without merit and fundamentally misconceived. Their strategy has had no impact on our preparations and we remain on course to commence commercial services with our launch customer in the first half of 2018.

“Inmarsat will vigorously defend its interests and stands ready to intervene in this process in support of OfCom or any other regulator,” he said.

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