Attachment Grant Public Notice

This document pretains to ITC-214-19910301-00010 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141991030100010_561259

                                                                                              PAGE 1



                                     LEXSEE 6 FCC Red 2485

                  In the Matter of the Applications of IDB AERONAUTICAL
             COMMUNICATIONS, INC. For authority pursuant to Sections 503
                  and 504(c) of the International Maritime Satellite
                  Communications Act of 1978 and Section 214 of the
                Communications Act of 1934 to provide aeronautical and
              maritime mobile satellite service via the INMARSAT system;
               CICI, Inc. For authority under Section 504(c)(4) of the
             International Maritime Satellite Communications Act of 1978
              and Title III of the Communications Act of 1934, to modify
                     its earth station KA—76 at Niles Canyon             (Fremont),
                   California to provide aeronautical and maritime mobile
              satellite service via the INMARSAT system; CICI, Inc. For
                authority under Section 504(c)(4) of the International
             Maritime Satellite Communications Act of 1978 and Title III
                   of the Communications Act of 1934,           to modify its earth
                station KA—63 at Niles Canyon (Fremont), California to
              provide aeronautical and maritime mobile satellite service
               via the INMARSAT system;      CICI,       Inc.   For authority under
              Section 504(c)(4) of the International Maritime Satellite
                   Communications Act of 1978 and Title III of the
               Communications Act of 1934, to modify its earth station
             KA—~227 at the Teleport on Staten Island,            New York to provide
              aeronautical and maritime mobile satellite service via the
                                        INMARSAT system

                   File No. I—T—C—90—088; File No. CSG—90—042—ML;              File No.
                          CSG—90—084—ML; File No. CSG—90—085—ML

                                 FEDERAL COMMUNICATIONS COMMISSION

                              6 FCC Red 2485;     1991 FCC LEXIS 2347

                                       RELEASE —NUMBER :
                                            DA 91—558

                        May 8,   1991 Released; Adopted April 26,           1991


                                        ACTION:      **1

                         MEMORANDUM OPINION,      ORDER AND AUTHORIZATION

JUDGES:


   By the Chief, Common Carrier Bureau

OPINIONBY:
   FIRESTONE

OPINION:


    *2485     I.     INTRODUCTION


   1.     IDB Aeronautical Communications,        Inc.     (IDB—A),    and its affiliate,   CICI,
Inc. (CICI), filed the above—captioned applications requesting authority
pursuant to Sections 503 and 504(c) of the International Maritime Satellite

                                                                 1.1    Stratos Mobile Networks, Inc.
                                                                 ("SMN")


                                                                                              PAGE 2
                  6 FCC Red 2485,      *2485;   1991 FCC LEXIS 2347,      **1


Communications Act of 1978, 47 U.S.C. §§ 752 and 753(c),               and Section 214 and
Title III of the Communications Act of 1934, as amended,               47 U.S.C. §§ 214 and
301 et seq.,   to provide aeronautical and maritime mobile satellite service via
the INMARSAT system,     and to modify the Niles Canyon,           California,    INTELSAT earth
stations (KA—76 and KA—63) and Staten Island, New York, INTELSAT earth station
(KA—227) to provide aeronautical mobile satellite service (AMSS) and maritime
mobile satellite service (MMSS) via the INMARSAT system.  The first two
above—listed applications were placed on public notice on April 11, 1990, and
the latter two on July 20,     1990.     Pan American Satellite        (PAS)    and Aeronautical
Radio, Inc. (ARINC) filed comments.  IDB—A and CICI (Applicants) filed a
consolidated **2   reply. PAS replied to the consolidated filing.   The
Applicants filed additional information pursuant to a Common Carrier Bureau
request.  For the reasons set forth below, we grant the applications, subject to
certain conditions.

   II.    THE APPLICATIONS


   2.  In application File No. I—T—C—90—088, IDB—A seeks authority to provide
AMSS and MMSS between the ground earth stations listed above and aircraft in
international flight and ships accessing INMARSAT, and to provide other such
uses of the INMARSAT system as may be authorized by the Commission.   IDB—A
requests blanket authority to provide Pacific Ocean Region (POR) and Atlantic
Ocean Region   (AOR)   MMSS and AMSS via all present and future INMARSAT owned or
leased satellites.  In applications File Nos. CSG—90—042—ML (Call Sign KA—76,
13.1 meter antenna), CSG—90—084—ML (Call Sign KA—63, 13.1 meter antemna), and
CSG 90—085—ML (Call Sign KA—227, 13.1 meter antenna), CICI seeks authority to
modify three of its INTELSAT earth stations to provide AMSS and MMSS via the
INMARSAT system.  The ground earth stations will have the capability to
communicate with INMARSAT POR, AOR—West, and AOR—East satellites, respectively.

   3.  The Applicants state **3  that AMSS will include slow and high speed
cockpit data services, digitally encoded voice services for flight operations,
airline administrative traffic,        air traffic service,    automatic dependent
surveillance, and passenger voice communications.            MMSS will include analog
voice, telex, digital data, and compressed video.

   4.  The Applicants also state that grant of these applications will permit
them to offer services that will greatly improve maritime and aviation
communications, including the introduction of satellite communications to
aircraft in transoceanic flight, which will further aviation safety, improve the
efficiency of airline operations, and,  *2486  for the first time, offer voice
and data communications to transoceanic airline passengers.  The Applicants
state that competition will increase service options to the public, improve
overall service and reduce charges.

   5..   The application states that IDB—A will lease the use of the earth
stations from IDB Communications Group,         Inc.   (IDB—CG).    ni It claims that
cperating costs cannot be estimated at this time because the cost of the space
seqgment has not been determined, nor has the size of the market, although IDB—A
believes **4    that there is an increasing demand for these services.                IDB—A
states that charges and regulations governing its services will be specified in
one or more tariffs which will be filed with the Commission to the extent
required by law.

   n1 A later contract assigned all of IDB—CG‘s rights and responsibilities to
CICI.  Thus, as now proposed, IDB—A will lease the use of the earth stations
from CICI.


                                                                                            PAGE 3
                   6 FCC Red 2485,   *2486;   1991 FCC LEXIS 2347,     **4



   6.  By amendment dated May 9, 1990, the Applicants emphasize that their
provision of AMSS and MMSS will be consistent with the Commission‘s decisions in
CC Docket No.    87—75 n2 and Gen. Docket No.     84—1234.     n3 In further amendments,
the Applicants state that they do not seek to be requlated as non—dominant
carriers, and thus request that they be deemed dominant with respect to the
provision of international mobile satellite communications services.  They also
acknowledge that the Communications Satellite Corporation (Comsat) is the sole
U.S.    signatory and operating entity for INMARSAT mobile satellite services,               and
that the carrier—to—carrier relationship between Comsat and the Applicants will
be consistent with the International Maritime Satellite Telecommunications Act
of 1978.

   n2 Provision of Aeronautical Services via the INMARSAT System,               4 FCC Red 6072
(1989) .

   n3 Amendment of Parts 2 and 22, Report and Order,            Gen. Docket Nos.     84—1231,
84—1233,    and 84—1234,   2 FCC Red 1825   (1986);   recon.   denied 2 FCC Red 6830
(1987); recon. denied 4 FCC Red 6016        (1989); Second Report and Order, Gen.
Docket No. 84—1234, 2 FCC Red 485 (1986); recom. denied 4 FCC Red 6029 (1989);
Memorandum Opinion, Order and Authorization, 4 FCC Red 6041 (1989); remanded sub
nom. Aeronautical Radio, Inc. v. FCC, No. 88—1009 (D.C. Cir. March 19, 1991).
**5


   III.     COMMENTS AND REPLIES

   7.  In its comments, PAS contends that IDB—A and IDB—CG are commonly owned.
According to PAS, IDB—CG is 20 percent owned by Teleglobe Canada and has two
Canadian citizens on its nine—member board.  In addition, PAS argues that the
proposed aeronautical service is related to a joint venture between IDB—A and
Teleglobe Canada to provide these services in North America.  PAS thus concludes
that IDB—A is foreign—owned and subject to requlation as a dominant carrier.
Furthermore, PAS alleges that Teleglobe Canada has effectively prevented PAS
from providing service between Canada and Europe and between Canada and Latin
America,    and that the Commission should evaluate this market access issue in
ruling on IDB—A‘s applications.  PAS maintains that the Commission should be
wary of Teleglobe Canada‘s efforts to expand its presence in the U.S. while
effectively keeping its Canadian market closed to U.S. separate systems.

   8.     ARINC also asks that IDB—A be classified as dominant,        and that IDB—A be
required to comply with all of the reporting and disclosure obligations,
facilities licensing requirements, and service initiation and discontinuance
obligations associated **6  with dominant—carrier status. n4

   n4 ARINC also reminds the Commission that in CC Docket No.              87—75,   IDB—A
advocated direct access to the INMARSAT system, and made a late proposal
concerning structural separation of Comsat‘s INMARSAT—related space and ground
segment activities.  ARINC accuses IDB—A of jeopardizing the timely initiation
of INMARSAT aeronautical services in the U.S. and the ability of U.S. companies
to compete in their own markets.      ARINC also claims that IDB—A is positioning
itself to access INMARSAT capacity in the U.S. at wholesale rates while other
U.S. companies are obligated under long term contracts with Comsat at retail
rates.  The Applicants respond that in that docket, IDB—A has withdrawn its
request for direct access and for Comsat restructuring.            Thus,   IDB—A reasons
that ARINC‘s concerns have been met.

   9.    The Applicants reply by first observing that neither ARINC nor PAS


                                                                                   PAGE 4
                  6 FCC Red 2485,     *2486;   1991 FCC LEXIS 2347,   **6

opposed their applications.   They therefore request the Commission to grant the
applications expeditiously to allow a second U.S. company into the highly
competitive world market for international mobile satellite communications
services.  The Applicants restate their intention to be **7    regulated as
dominant carriers.  With respect to the PAS comments, the Applicants assert that
the Commission has no jurisdiction to consider the policies of Teleglobe Canada
with respect to international communications between Canada and nations other
than the U.S.  Even if it did, the Applicants allege that the Commission would
retain adequate requlatory oversight by exercising dominant—carrier procedures.

   10.   In its response to the Applicants‘ reply, PAS disputes that the
Commission lacks jurisdiction to consider services between two foreign
countries.   PAS arques that the Commission‘s interest is in ensuring generally
that markets are not manipulated in such a way as to bharm U.S. carriers,
including U.S. separate satellite system providers.   PAS asks the Commission to
exercise its dominant carrier regulation by adding conditions on IDB—A‘s Section
214 authorization to encourage IDB—A‘s affiliate, Teleglobe Canada, to open the
Canadian market to U.S. separate satellite systems.

   IV.    ADDITIONAL INFORMATION

   11.   In response to a December 6, 1990, inquiry from the Common Carrier
Bureau, the Applicants filed additional information indicating IDB—A‘s intention
to use the three above—referenced **8 earth stations operated by CICI in the
provision of aeronautical and maritime mobile satellite services in the AOR and
POR.   IDB—A will provide MMSS pursuant to its tariff which covers "service
between a ship earth station and a station located in the United States and
Canada." IDB—A explains that "station" when applied to a land location means a
telephone number, not a satellite earth station.

   12.  The Applicants further explain that the three earth stations will be
operated and controlled by CICI with equipment furnished by IDB—A.  CICI, an
established common carrier with numerous Title II and Title III authorizations,
will provide ground/coast earth station services to IDB—A pursuant to
carrier—to—carrier agreements.  CICI will not offer maritime or aeronautical
services to the public and,   thus,    will not file a tariff for such services.

    13.  IDB—A states that it seeks Title II authorization to offer service to
the public as a common carrier.   IDB—A has filed a tariff covering MMSS and will
file a tariff covering AMSS in the near future.   Finally, IDB—A states that it
is a joint venture owned 50 percent by IDB Aeronautical Holdings, Inc., a
wholly—owned subsidiary of IDB—CG, a **9 Delaware Corporation, and 50 percent
by TII Aeronautical Corporation (TII), which is a wholly—owned subsidiary of
Teleglobe International, Inc., which is ultimately a wholly—owned subsidiary of
Memotec Data, Inc., a Canadian corporation.   Teleglobe International (U.S.),
Inc., is an affiliate of Teleglobe Canada, Inc.   IDB—A lists three of its six
directors as Canadian citizens and two Canadian citizens as officers.

   V.    DISCUSSION

   14.   In CC Docket No. 87—75, one of the Commission‘s objectives was to
promote competition in the provision of INMARSAT international aeronautical
services. n5 The Commission directed that Comsat acquire space segment capacity
from INMARSAT and provide that capacity both to aeronautical customers using
Comsat aeronautical earth stations and to U.S. service providers operating their
own aeronautical earth stations.   The Commission emphasized that Comsat would
not be the only service provider for aeronautical earth station services.   The
                                                                                            1"


                                                                                     PAGE 5
                     6 FCC Red 2485,   *2487;   1991 FCC LEXIS 2347,   **9

arrangements   *2487 adopted for international aeronautical services were
intended to enable other service providers to make full service offerings to
their customers. n6

   n§5 Provision of Aeronautical Services via the INMARSAT System,           4 FCC Red at
6080 .

   n6é Id.   at 6083.   **10

   15.  The Commission further noted that both the Maritime Satellite Act and
Commission policy permit entities other than Comsat to operate coast earth
stations with the INMARSAT system to provide maritime mobile satellite service.
n7 Section 503(f) of the International Satellite Maritime Communications Act, 47
U.S.C.    752(f},   provides that the Commission may authorize ownership of satellite
earth stations by entities other than Comsat for the provision of maritime
satellite services.  In Implementation of Requirements of the International
Maritime Satellite Telecommunications Act, 91 FCC 2d 245, 251 (1982), the
Commission adopted a general policy to permit persons other than Comsat to own
earth stations accessing the INMARSAT space segment if such persons make a
showing that such ownership will be in the public interest.

   n7 Id.

   16.  Accordingly, we need not consider the legal and policy implications of
allowing persons other than Comsat to own earth stations for maritime and
aeronautical use of the INMARSAT system; we need only determine that the
applications are consistent with the Commission‘s policy decisions and **11
the public interest.  For the following reasons, we find that IDB—A‘s and CICI‘s
applications are consistent with Commission policy and the public interest
standard and therefore should be granted, subject to certain conditions.

   17.  Initially, we find that the provision of INMARSAT aeronautical services
by the Applicants will serve the public interest.  The Commission‘s goal of
promoting competition in the provision of INMARSAT aeronautical services will be
advanced by grant of these applications.  It will permit competition in
transoceanic aeronautical services that should increase service options to the
public,   improve overall service,      and reduce charges.


   18.  We   also find that the Applicants‘ proposal to provide maritime services
will serve   the public interest.  It will advance the Commission‘s general policy
to promote   competition in the provision of maritime communications services in
the manner   comtemplated by Congress. n8

   n# Implementation of Requirements of the International Maritime Satellite
Telecommunications Act,        91 FCC 2d at 252.


   19.  Moreover, most of the issues raised by ARINC and PAS have been resolved
by the Applicants‘ amendments **12 which recognize their status as dominant
carriers and by their supplemental information regarding ownership. n9 The earth
stations will be operated and controlled by CICI,         a fully qualified common
carrier.  CICI‘s obligations as outlined in the contracts indicate that it is
the appropriate licensee for the earth stations, and that its holding of the
licenses will comply with Title III of the Communications Act.  The contracts
are consistent with the representations made in the applications themselves.

   n9 We note that in its June 1, 1990, amendments, CICI, in order to address
the concerns of PAS and ARINC, requested that the grant of its application be


                                                                                                             PAGE 6
                         6 FCC Red 2485,          *2487;      1991 FCC LEXIS 2347,       **1i2

conditioned upon its being deemed a dominant carrier.                            CICI,    however,     has not
filed a Section 214 application or a tariff.  We are therefore conditioning the
grant of these applications on CICI‘s filing such an application and tariff.

   20.  In the International Competitive Carrier proceeding, n10 the Commission
determined that foreign—owned carriers should be considered dominant in the
provision of international telecommunications services in order to address the
concern that foreign telecommunications entities could favor the U.S.  **13
carriers in which they held a financial interest and, operating in concert with
these carriers, could deny market entry to, or discriminate against, competing
U.S. carriers.  The Commission concluded that, for the purposes of the
international competitive carrier policies, a foreign—owned carrier would be
defined as a carrier that is over 15 percent directly or indirectly owned by a
foreign telecommunications entity or on whose board a representative of a
foreign telecommunications entity sits.  IDB—A, which seeks authorization under
Title II of the Communications Act, is 50 percent owned by a foreign
telecommunications entity and,                  therefore,       is dominant under International
Competitive Carrier.

     n10 International Competitive Carrier Policies,                        102 FCC 24 812         (1985),   recon.
denied,      60 Rad.     Reg.    2d   (P&F)    1435    (1986).

   21.  IDB—CG already has been found to be dominant in the provision of all
services because Teleglobe International (U.S.), Inc. owns 20 percent of
IDB—CG‘s stock and designates two of the nine directors of IDB—CG‘s board. n1l1
CICI is a wholly—owned subsidiary of IDB—CG.   We also note that CICI, as a
provider of INTELSAT **14   services, is already dominant under the provisions
of the International Competitive Carrier decision.

     nli See December 21,             1989 letter to Robert S.         Koppel,    Director,        Legal and
Regulatory Affairs,             IDB Communications Group,           Inc.,   File No. CSG—90—015—AL.

   22.  We continue to support the efforts of PAS and other U.S. companies to
gain entry into the Canadian market.   We would be concerned about imposition of
any restrictions that would mnot permit U.S. service providers to compete fairly.
n12 PAS has failed to show why classification of IDB—A and CICI as dominant
carriers will not provide sufficient safeguards against unfair practices.
However, we do not foreclose the possibility of appropriate Commission action at
a later date if U.S. service providers are not permitted to compete fairly.

   nl2 We are also concerned by recent efforts of Teleglobe to restrict the use
of transborder services between the United States and Canada, but note that in
our view any such Canadian—imposed restrictions on U.S. carriers that may be
contained in operating agreements for service between the United States and
Canada would be considered as inapplicable in the United States.  See, e.g.,
Letter from Robert Sequin,              Vice—President Policy Planning and International
Affairs, Teleglobe Canada,              to Secretary,          FCC (August 16,    1990).         See also
Petition of Telecom Canada and Teleglobe Canada, Inc., to Suspend and
Investigate AT&T Communications Tariffs F.C.C. Nos. 1 and 9, Transmittal No.
2409      (August 27,    1990).       See Letter from John Cimko,            Chief, Tariff Division, to
C.   E.   Link,   AT&T    (August 27,         1990).   **15


   23.  As conditions on the grant of these applications, we will limit the
Applicants‘ provision of aeronautical mobile satellite services to aircraft in
international flight as defined by the Commission in CC Docket No. 87—75.   In
that decision, the Commission said that it would authorize the use of INMARSAT
aeronautical services via U.S. aeronautical earth stations for aircraft in


                                                                                  PAGE 7
                  6 FCC Red 2485,   *2487;   1991 FCC LEXIS 2347,   **15

flight: (1) from the United States to a foreign point; (2) from a foreign point
into the United States; and (3) between any two foreign points. n13 In addition,
the Applicants will be required to comply with any arrangements that will be
established for handing—off traffic between INMARSAT and a domestic system for
both AMSS(R) and non—AMSS(R) communications.  The Commission has left
development of the specifics of these hand—off arrangements to the satellite
operators.  Of course, the Applicants will be expected to comply with all other
aspects of the Commission‘s decisions in CC Docket No. 87—75, including
maintaining a carrier—to—carrier relationship with Comsat as the sole U.S.
signatory and operating entity in INMARSAT for U.S. space seqgment.

   nl3 See Provision of Aeronautical Services via the INMARSAT System, 4 FCC Red
at 6078—79. We will not at this time authorize the Applicants to use U.S. earth
stations to provide INMARSAT aeronautical service to aircraft in flight between
two U.S. domestic points pending further proceedings in Gen. Docket No. 84—1234
and Commission action on various pending interim AMSS and land mobile satellite
service (LMSS) applications.  Applicants will of course be expected to comply
with further proceedings in Gen. Docket No. §4—1234. **16

   24.  The INMARSAT first— and second—generation satellites have been
authorized by the Commission to utilize the 5925—6443 MHz, nl4 3600—3623 MHz,
and 3700—4200 MHz bands for feeder links and the 1530—1548 MHz and 1626.5—1649.5
MHz L—band frequencies for maritime and aeronautical mobile services.  The
internal Commission coordination of CICI‘s transmitting and receiving frequency
C—band feeder links for INMARSAT second—generation satellites with other
services has also been completed.  Therefore, CICI‘s ground earth stations shall
be authorized to use these frequency bands.       However,   we will defer action on
CICI‘s request to use INMARSAT third—generation satellite frequency bands which
are not included in first—and second—generation satellites.  Therefore,        we will
not authorize at this time the use of 1649.5—1660.5 MHz, 1548—1559 MHz,
6443—6454 MHz, or 3623—3629 MHz.

   nl4 INMARSAT second—generation satellites were constructed and authorized to
operate on the feeder—link bands 6425—6443 MHz and 3600—3623 MHz.  First
generation INMARSAT satellites consisted of leased packages from existing
satellites which were operating its feeder links in the standard fixed satellite
C—bands,   5925—6425 MHz and 3700—4200 MHz.     As a result of coordination of the
INMARSAT second generation satellite shared frequency band 6425—6443 MHz, the
Mass Media Bureau has requested that the Applicants also provide the Society of
Broadcast Engineers‘ frequency coordination group in the relevant geographical
area with a copy of their earth station proposals.  We shall therefore condition
our authorization to include this requirement. **17

   25.  Moreover, for operations with second—generation INMARSAT satellites, the
Applicants‘ use of test aircraft earth station (AES) facilities has been
coordinated with the National Telecommunications and Information Administration
(NTIA)   for the L—band frequencies:   *#2488   1626.5—1649.5 MHz and 1530—1548
MHz. n15 However, the Commission has not adopted standards for AES equipment.
n16 Nevertheless, in view of the Commission‘s policy to introduce international
aeronautical services via INMARSAT at an early date, we will authorize the
Applicants‘ use of the AES equipment for the provision of frequency translation
error correction, testing, and network coordination purposes conditioned on the
Applicants making necessary modifications at a later date to comply with
standards adopted by the Commission.

   n15 We note that the Commission has already granted an interim waiver of the
Table of Frequency Allocations to allow the use of certain L—band frequencies


                                                                                            PAGE 8
                    6 FCC Red 2485,   *2488;   1991 FCC LEXIS 2347,   **17

presently allocated for maritime mobile satellite service for AMSS(R) operations
with first generation INMARSAT satellites.  Communications Satellite Corporation
and American Mobile Satellite Corporation Requests for Interim Waiver of Section
2.106 of the Commision‘s Rules to Provide AMSS(R) and MSS Services in the
Maritime Bands 1530—1544 MHz and 1626.5—1645.5 MHz,         5 FCC Red 4117        (1990).

   n1l6é See Notice of Proposed Rule Making in PR Docket No. 90—315, Amendment of
Part 87 of the Commission‘s Eules to Establish Technical Standards and Licensing
Procedures for Aircraft Earth Stations,        5 FCC Red 3933    (1990).   **18


   VI.     ORDERING CLAUSES

   26.  Accordingly, pursuant to Section 214 of the Communications Act of 1934,
as amended, 47 U.S.C. § 214, and Sections 503 and 504(c) of the International
Maritime Satellite Telecommunications Act of 1978, 47 U.S.C. §§ 752 and 753 (c),
IT IS ORDERED that the application of IDB Aeronautical Communications, Inc.,
File No. I—T—C—90—088, IS GRANTED and IDB—A is authorized to acquire INMARSAT
space segment capacity from Comsat and to lease capacity in CICI‘s ground earth
stations at Niles Canyon, California, and Staten Island, New York, and use such
facilities to provide:

   (i) maritime mobile satellite services to ships in the AOR and POR via
INMARSAT satellites; and

   (ii) international aeronautical mobile satellite services in the AOR and POR
via INMARSAT satellites consistent with CC Docket No. 87—75 and Gen. Docket No.
84—1234.

   27.   IT IS FURTHER ORDERED, pursuant to Title III of the Communications Act
of 1934, as amended, and Sections 503 and 504(c) of the International Maritime
Satellite Telecommunications Act of 1978, 47 U.S.C. §§ 752 and 753(c), that
**19  the applications of CICI, Inc., File Nos. CSG—90—042—ML, CSG—90—084—ML,
and CSG—90—085—ML, ARE GRANTED to the extent provided in this Order and CICI is
authorized to install and operate equipment at both its Niles Canyon,               California
(KA—~76 and KA—63)   and Staten Island,   New York    (KA—227)   ground earth stations in
order to provide international maritime and aeronautical mobile satellite
services via the INMARSAT first and second generation satellite system subject
to the conditions specified below and on the frequency bands listed in paragraph
24 above.

   28.  IT IS FURTHER ORDERED as provided in paragraph 24, above, that action on
the portion of the CICI applications requesting authority to modify existing
earth stations to operate with the INMARSAT third generation satellites extended
frequency bands IS HEREBY DEFERRED.

   29.      IT IS FURTHER ORDERED that IDB—A shall,    pursuant to Section 203 of the
Communications Act, 47 U.S.C. § 203, and Part 61 of the Commission‘s Rules, 47
C.F.R. Part 61, file a tariff for the services authorized in this order before
offering services to the public.

   30.     IT IS FURTHER ORDERED that this grant is conditioned,       as discussed
**20  in n. 9, supra, upon CICI‘s filing of an application under Section 214
of the Communications Act for authorization as a common carrier and the filing
of a tariff under Section 203 of the Communications Act.

   31.     IT IS FURTHER ORDERED that IDB—A IS CLASSIFIED AS DOMINANT in its
provision of all international services via the INMARSAT system to all points.


                                                                                     PAGE 9
                      6 FCC Red 2485,   *2488;   1991 FCC LEXIS 2347,   **20



   32.  IT IS FURTHER ORDERED that the Applicants‘ authorization to use test
aircraft earth station equipment is limited to frequency translation error
correction, testing, and network coordination purposes and is subject to future
modification to assure compliance with any Commission standards concerning these
units.

   33.  IT IS FURTHER ORDERED that CICI shall provide the Society of Broadcast
Engineers‘ frequency coordination group in the relevant geographical area with a
copy of its ground earth station proposal with respect to frequency usage above
6425 MHz.

   34.  IT IS FURTHER ORDERED that before completion of equipment installation
and facility activation, CICI shall provide the Commission with a summary of
equipment which was actually installed.

   35.  IT IS FURTHER ORDERED that the Applicants shall provide aeronautical
satellite **21 service only to aircraft in international flight as defined in
the Commission‘s decision in CC Docket No. 87—75.

   36.  IT IS FURTHER ORDERED that the Applicants shall comply with established
arrangements for handing—off aeronautical traffic between the INMARSAT system
and a domestic system in accordance with the Commission‘s decision in CC Docket
No.    87—75.

   37.  The Commission retains jurisdiction over this matter to ensure the
nondiscriminatory use of, and equitable access to, the INMARSAT satellite
system.

   38.  This order is issued under Section 0.291 of the Commission‘s Rules and
is effective upon release.  Petitions for Reconsideration under Section 1.106 or
applications for review under Section 1.115 of the Commission‘s Rules may be
filed within 30 days of public notice of this order           (See Section 1.4(b)(2)).

      FEDERAL COMMUNICATIONS COMMISSION

      Richard M. Firestone

      Chief,    Common Carrier Bureau



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Document Modified: 2007-04-05 16:55:31

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