Astonishingly, that is actually what LightSquared told the FCC last week in an ex parte meeting where “LightSquared representatives made clear that any determination that the federal precision and timing coexistence issue has been resolved would have to be based on objective and independent test results and not the subjective views of the federal agencies involved”. Of course the entire process hangs on the “views of the federal agencies involved” and if the DoD, FAA, etc. say this can’t happen then it won’t happen.
Clearly LightSquared understands only too well that the entire federal government now views the company about as favorably as an envelope full of anthrax, but can LightSquared seriously intend to argue that its own “independent” testing is good enough and the government shouldn’t bother doing the rounds of additional tests that the PNT Executive Committee is expecting to start in the spring of 2012?
In reality that sounds more like their opening argument in the upcoming litigation (“the FCC ignored the fact that we had tested all these solutions ourselves”) than a realistic way forward, and at this point in time, its hard to imagine LightSquared has anything to lose by waiting much longer to initiate that phase of its strategy.
UPDATE: I understand that the reason for LightSquared’s comment is that they were told by the senior FCC staff in the meeting not to expect a ruling from the FCC anytime soon, because of the need for substantial further testing by the PNT Executive Committee, and there would certainly not be an announcement in December as LightSquared’s CEO was “guaranteeing” only a few weeks ago.