LightSquared is pressing the U.S. Federal Communications Commission to approve its right to use its radio spectrum to build a national 4G wireless network. The company filed a petition for declaratory ruling to the FCC on Tuesday.

LightSquared wants the FCC to affirm that it can use the spectrum using frequencies next to those devoted to the Global Positioning System. The company argues that the GPS industry has no right to block the use of the spectrum. The company said it is not at fault for the interference caused to GPS receivers. LightSquared further asserts that GPS receivers are not licensed and don't operate under any service rules.

"The one inescapable conclusion from two rounds of independent testing is that the incompatibility problem is not caused by LightSquared's network," said Jeff Carlisle, executive vice president for regulatory affairs and public policy for LightSquared. "It is clear that GPS devices are purposefully designed to look into LightSquared's licensed spectrum, and given this evidence, we believe decision-makers should consider LightSquared's legal rights as the licensee."

LightSquared maintains it has a right to use its spectrum and threatens legal action if not allowed to build its planned nationwide 4G wireless network. The spectrum frequencies the company seeks to use are close to the frequencies being used by GPS devices. An official report released Dec. 16 by the National Coordination Office for Space-based Positioning, Navigation and Timing showed that the LightSquared network caused harmful interference in a majority of GPS receivers. Separate testing from the Federal Aviation Administration also found that the network interferes with flight safety.

The company has said it has FCC authorization that was also approved by the GPS industry, for more than eight years to build an LTE network. LightSquared still needs to get final approval from the FCC before it can proceed with building the planned network. If the network is approved, LightSquared will work with Spring Nextel in a network sharing deal.