Attachment letter

This document pretains to SAT-AMD-20001103-00158 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2000110300158_421487

Vinson&Elkins 9eC.Suzle puie@itawcon Tarmessmoree recarsesncens Received mar 0 7 2005 Poicy Branch March 1, 2005 nemaloniBre@RECEIVED mar — 1 2005 via EEctronic peUIveRy feteslConmunestireConnisstn Ms. Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 Re: TMI Communications and Company, Limited Partnership File No. 189—5AT—LOL97 IBES Nos. SAT—LOL—19970926—00161 SAT—AMD—20001103—60158 ET Docket N 95—18 Industry Canada Letter Appror Request for Dear Ms. Dortch: Transmitted herewith on behalfofTMI Communications and Company, Limited Partnership (TMD) is a February 21, 2005 leter to TMI from Industry Canada, modifying the Approval in Principle issued by Industry Canada for the above referenced 2 GHz Mobile Satellite (MSS) System. This modification was requested by TMI and aligns the 2007 satellte launch milestone and the authorized service link bandwidth with the terms ofTMT‘s Letter of Intent (LOD) authorization, as amended. See Memorandum Opinion and Order, FCC 04—144, released June 29, 2004. TMI‘s Approval in Principle from Industry Canada, as amended, remains in full force and effect. \exon EkinsLA® Atomyeatiaw Aato Bupep Ouias Te ies Oe Buitg1i Prramaria ent,ut tc0 owHustn lodon Mezcow NewYo Tago Wasingon arrgon oo assoto0 Tetzessanso recacecsancor menoninncon

V&E Frimayas.mos rageo Please direct any questions regarding this submission to the undersigned. i. Sn eYL/ Counsel to TMI Communications and Company, Limited Partnership e: Roderick Porter Steven Spacth Cassandra Thomas s10e

+1 Inusty Ganada industrio Caneda 200 Site tw Ome.ow Kinecs OurFile: 62153—4 FEB 21 2005 Mr. Ted H. Ignacy Vice—President, Finance TMI Communications and Company, LP 1601 Telesat Court P.0. Box 9826 Ottawa, ON KiG S Dear Mr. Ignacy: Irefer o your letter ofJuly 30, 2004 and December 8,2004 providing an update to your 2 GHz mobile satelite service (MSS) plans and a request to modify two conditions associated with the Department‘s May 2, 2002 approval of TM!‘plan for a 2 GHz mobile satllite. More specifically, you have asked the Department to modify the milestone requiring a placement ofthe satelite into its assigned orbital position to November 2007, and to modify the spectrum assignment t align with assignments granted by other administrations. In reviewing your request, the Department has taken into account that our May 2002 approval in principle was granted on a non—competitive basis and that the spectrum assignment was made, consistent with the principles set out in the Department‘s policy on implementation and authorization of2 GHtz mobile satelite services in Canada, taking into account the award ofspectrum to several 2 GHz MSS systems by the Federal Communications Commission (FCC)¢. We now note a more recent FCC decision that awards 4+4 MHz ofspectrum to TMI and other MSS satelite operators‘. In October 2003, the Department initited a public consultation on new spectrum for advanced wireless services in the 2 GHz range (DGTP—007—03). One s found in section 5 oIndustyCanida‘s Spectram Uiliaion Policy, Amendnent t the Microwave Spoctzam Uilizaon Polile in t 1—3 GHtz Frequency Range(SP 13 Gits) f Reference FCC July 17,2001 announcement, RCC Itematonal Branch Authorizes New Mobile Satelit Service Systems n the 2 Git Band. Reference FCC June 21, 2004 Memorindim Opinion and Order, RCC 04—144 Canadi#

—2> proposal was to change the mobile satelite requeney allocations such that the MSS spectrum be reduced from 35 + 40 MHz to 20 + 20 MHz and that the revised spectrum bands be 2000—2020 MHz and 2180—2200 MHz (instead of 1990—2025 MHz and 2160—2200 MHz), The Department has not yet made a decision on these proposed allocation changes. However, when it comes to satelite communications, the Department‘s view has been to align the domestic allocation within the North American context. Hence, the Department reserves the fexibility o make allocation changes considered to be in the public interest. The Department has concluded that, while changes to the spectrum allocation are stll being considered, your request for modifications should be accepted to support your plans for developing an advanced Conadian mobile satelite capable of serving the Canadian market and beyond. Accortingly, conditions 6 and 8 ofthe Department‘s May 2002 approval in principle are herchy modified as set out in out i the attachment to this ltter. Please note that in accordance with the Department‘s commitment to fai, open and transparent liensing processes, this leter will be posted on our Strategis website. Ifyou have any questions about this leter, please contact Richard Hicbert at (613) 998—4333. Yours sincerely, Chantal Beaumier Director, Space and Intemational Regulatory Activites Artachment1

ATTACHMENT 6. Implementation Milestones TMI shall meet the fllowing implementation milestones by the respective dates set out in the following table: Table of Implementation Milestones Milestone Date 1.—| Submission ofdesign specifications to Depertment for approval June 15, 2002 2. Signature ofcontract for t construction ofthe first oftwo July 15, 2002 sutelltes 3. Placement ofthe satelite into its assigned orbital position November 30, 2007 6.1 Submission of Final Design Specifications Prior to entering into a contract for the procurement of ts satelite, TMI must demonstrate to the Department that the satellite design 1) will meet the coverage and capacity set out in its application ofMay 17, 2001, 2) will comply with all technical and operational requirements as set out in Articles 21 and 22 ofthe ITU Radio Regulations,3) will indicate what sub—bands will be used for t feeder links to be located in Canada, and that the use of feeder link spectrum will be implemented in accordance with the provisions and procedures ofAppendix 30B ofthe ITU Radio Regulations. To this end, TMI shall submit, by the Milestone 1 date above, the design specifications for the new satelit to the Department for approval. 62. Signature of Contract Within 15 days of final signature ofthe Milestone 2 contract, TMI must provide evidence satisfactory to the Department that TM is bound to a contractual agreement with a satelte manufacturer for the construction ofthe proposed satellite. 8. Assigned Spectrum for Service to Subscriber Stations TMI will be authorized 4 MHz in each of the two bands (1990—2025 MHz and 2165—2200 MHz) for service to subscriber stations. n addition, TMI may be authorized a second 4 MHz in each of the bands for as long as it does not constrain entry of another MSS operator into the Canadian " Note that modification ofthe mobileastelite bands are currently being proposed in Industry Canada‘s consultation document DGTP—00703. Page 1 of 2

market. The Department willretain full fexibility to adjust TMI‘s specific assignment of2 GHz service band spectrum in order to harmonize the assignment with other MSS assignments and with allocations for other services (eg, terrestrial mobile services) in the North American market TMT‘s specific MSS assignment in these bands will be determined in consultation with the Department. After the assignment has been determined, TMI may request that the Department initate the displacement offixed systems in Canada in accordance with condition 9. Page 2 of 2


Document Created: 2005-03-07 18:26:45
Document Modified: 2005-03-07 18:26:45
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