Response Letter to MTN (July 12, 2000)

0100-EX-RR-1999 Text Documents

Maritime Telecommunications Network, Inc.

2001-08-15ELS_47823

SWIDLER BERLIN SHEREFF FRIEDMAN, LLP THE WasHingron HARBOUR 3000 K StrEEt, NW, Surre 300 WasHmcton, DC 20007—5116 NEw York Orfice ELIOT J. GREENWALD * DiRECT DIAL (202) 424—7809 TELEPHONE (202) 424—7500 ?’0; CL;(MTO:Aveaue FaAx (202) 424—7645 New York, NY 10174 WWW.SWIDLAY.COM (212) 973—0111 rax (212) 891—9598 July 12, 2000 ORIGINAL BY COURIER VIA OFFICE OF THE SECRETARY RFCEIVED Charles J. Iseman Chief, Spectrum Policy Branch JUL 1 22000 Office of Engineering and Technology > »Boral CDMMEUMICATIONS ComMiSsION Federal Communications Commission nFRICE 06 THe cconctagy 445 12th Street, S.W. Washington, DC 20554 Re: Maritime Telecommunications Network, Inc. Application for Renewal of Experimental Authorization Station KI2XEE File No. 0100—EX—RR—1999 Dear Mr. Iseman: On behalfofMaritime Telecommunications Network, Inc. ("MTN‘), we submit this response to your recent verbal request for information, wherein you asked (1) whether MTN‘s earth stations aboard vessels ("ESVs") operating pursuant to experimental authorization KI2XEE are different from the ESVoperating pursuant to special temporary authority and (2) for MTN to provide the number of ships operating under each flag nation. MTN is currently operating 33 ESVs pursuant to its experimental authorization from the FCC. This includes 27 earth stations on board commercial ships with foreign flags that occasionally visit United States ports and 6 earth stations on board United States Navy ships. The 6 Navy ships do not visit Naval ports within the territorial waters of the United States. The ESVs operating pursuant to experimental authority are different from the ESVs operating pursuant to STA in that the 40 earth stations currently operating pursuant to STA are on board ships that regularly visit the 17 ports where operations are authorized by the STA. ' Listed below are the flag nations ofthe 33 ships that have on board earth stations owned by . MTN and operating pursuant to MTN‘s experimental authorization: '

Charles J. Iseman July 12, 2000 Page 2 Flag Nation Number of Ships Type of Ship United States 6 Naval Bahamas 5 Commercial Liberia 10 Commercial Netherlands 3 Commercial Norway 2 Commercial Panama 7 Commercial For the 27 earth stations operating on board foreign—flagged ships, there are a number ofreasons why it is appropriate that the earth stations are operating pursuant to the Commission‘s experimental authorization. First, the earth stations do not belong to the owners of the ships. The earth stations are owned by MTN, which is a U.S. company. In other words, the ship owners are customers ofMTN‘s service. As a result, it is MTN, and not the ship owners, which requires an authorization. From a conceptual point of view, this is similar to a VSAT/hub configuration. The citizenship of the customer (ship) is irrelevant to the provision of the service —— it is the location of the operator that conveys the jurisdiction. In essence, the situation is akin to someone bringing a mobile (or an INMARSAT) phone on board a ship. The phone belongs to the user rather than the ship, and neither the ship nor the user is providing the service. The service provider is the provider ofthe service with whom the user has the contract. In the case of MTN, it is MTN, via its hub in Holmdel, New Jersey that controls the service. Significantly, MTN can always shut off the service from the Holmdel hub instantly, without regard to instructions from the ship or its owners. Second, the Commission‘s rules expressly recognize that shipboard earth stations may be owned by and licensed to operators distinct from ship owners. See, eg., Sections 80.1185 and 80.1189, ofthe mobile—satellite service rules. These rules specifically contemplate the license being issued to the owner of the earth station, with the owner of the earth station providing services on board the ship with the permission of the ship. It should also be noted that in the case of MTN, the earth stations are not mandatory equipment, and this is not a case in which the government is requiring certain equipment to be installed as a maritime safety measure. Where the issue is the flagging ofthe ship, and part ofthat flagging responsibility is ensuring that certain radio equipment is installed to meet the ship flagging safety standards ofthe licensing country, then the radio service may be deemed as originating with the ship, and the ship flagging country may appropriately concern itself with authorizing the radio equipment. Here, however, the ship owner merely elects to become a customer of a U.S.—based service, agreeing to all the terms and conditions of such service, including control and monitoring from the Holmdel hub.

Charles J. Iseman July 12, 2000 Page 3 Third, the earth stations are controlled on a 24 hours per day, seven days a week basis at MTN‘s earth station in Holmdel, New Jersey. The system is a closed one, with the ships communicating only via the Holmdel hub earth station, with the earth stations operated on a private basis, and without a direct connection to the PSTN or other networks except through the hub.‘ The operator at Holmdel would be the party responsible to respond to all requests to discontinue service on a given ship for any reason," and thus the jurisdiction in which the hub is located should be the licensing jurisdiction.* Having the Holmdel control point on an FCC license as the place ofcontact provides a convenient and accessible way for the FCC to order a shut—down in the event of an interference emergency, without trying to figure out how to contact the ship. In essence, the service is really provided out of Holmdel, within the United States, and the earth stations on the ships are effectively phone instruments that are used by the customers but are not owned by them. Notwithstanding the foregoing, even if the Commission ultimately concludes that fleet licensing based on each ship‘s flagging nation is needed for high seas operations, it would still be appropriate for MTN to have Commission authorization for earth stations on board foreign ships for operations within United States territorial waters. Such authorization from the Commission would not be mutually exclusive with fleet licensing by the flagging authorities, as MTN would hold authorizations from both the Commission and from the flagging authorities. Please refer any correspondence regarding this matter to the undersigned. Very truly yours, Pbw*/ Helen E. Disenhaus Eliot J. Greenwald cc: Service List 1 The only exception would be when a satellite hop plus private line terrestrial backhaul facilities are needed for the signal to travel from the ship to the Holmdel hub. However, in such instances, the backhaul facilities are private lines, and control functions are still handled out of Holmdel. 2 Although the communications officer on board the ship can also shut down the earth station in an emergency, only MTN personnel can turn on the earth station and reestablish communications with the satellite. (In addition, the earth station shuts down automatically if the satellite link is lost.) 3 We would also note that, because frequencies are shared among ships, and even commonly—owned ships may be registered in different countries, looking to the operator of the service as the responsible party is the only feasible approach.

CERTIFICATE OF SERVICE I, Penny Jackson, hereby certify that on this 12"" day of July, 2000, copies of the attached letter were sent via U.S. Mail, to the following: *Dale N. Hatfield *Sylvia T. Lam Chief Engineer, Satellite Engineering Branch Office of Engineering and Technology Satellite and Radio Communication Division Federal Communications Commission International Bureau 445 12"" Street, S.W. — Room 7—C155 Federal Communications Commission Washington, DC 20554 445 12"" Street, S.W. Washington, DC 20554 *Bruce A. Franca Deputy Chief William T. Hatch Office of Engineering and Technology Associate Administrator Federal Communications Commission Office of Spectrum Management 445 12" Street, S.W. — Room 7—C153 NTIA Washington, DC 20554 14" & Constitution Avenue, N.W. Washington, DC 20230 *Donald Abelson Chief Wayne V. Black International Bureau Peter A. Saari Federal Communications Commission Keller and Heckman LLP 445 12" Street, S.W. — Room 6—C750 1001 G Street, N.W. Washington, DC 20554 Suite 500 West Washington, DC 20001 *Steven Spaeth International Bureau Julian L. Shepard Federal Communications Commission Verner, Liipfert, Bernhard, McPherson 445 12" Street, SW— Room 6—B434 and Hand, Chartered Washington, DC 20554 901 — 15"" Street, N.W, Suite 700 Washington, DC 20005—2301 *Thomas P. Stanley Office of Engineering and Technology Jeffrey L. Sheldon Federal Communications Commission Thomas Goode 445 12"" Street, S.W. — Room 3—C460 UTC Washington, DC 20554 1140 Connecticut Avenue, N.W., #1140 Washington, DC 20036 *Ari Fitzgerald International Bureau Leonard R. Raish Federal Communications Commission Mitchell Lazarus 445 12" Street, S.W. Fletcher, Heald & Hildreth, P.L.C. Washington, DC 20554 1300 North 17 Street, 1 1"" Floor Arlington, VA 22209 Penny Jackson *Via Hand Delivery 340047.3


Document Created: 2001-08-15 11:29:11
Document Modified: 2001-08-15 11:29:11
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