Attachment letter

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

IBFS_SATAMD2000110300158_482202

Vinson &Elkins Gregory C. Staple gstaple@velaw.com Tel202.639.6744 Fax 202.639.6604 February 1,2006 VIA ELECTRONIC AND HAND DELIVERY 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-SAT-LOI-97 IBFS Nos. SAT-LOI-19970926-00161 SAT-AMD-20001103-60158 ET Docket No. 95-18 Industry Canada Amended Approval in Principle Dear Ms. Dortch: Transmitted herewith on behalf of TMI Communications and Company, Limited Partnership (TMI) is a letter to TMI from Industry Canada, dated September 29, 2005, modifjmg the Approval in Principle issued by Industry Canada for the above referenced 2 GHz Mobile Satellite System (MSS). This modification permits TMI to develop its MSS system at 111.low and to use Ku band feeder link spectrum available to Canada at that position. TMI has requested a hrther modification to this Approval in Principle, inter alia, to reflect adjustment to the TT&C frequencies required by TMI. In the near future, TMI will file a request to modify its FCC Letter of Intent (LOI) Authorization to conform the LO1 to the terms of its modified Canadian authorization. Vinson & Elkins LLP Attorneys at Law Austin Beijing Dallas The Willard Office Building, 1455 PennsylvaniaAvenue NW, Suite 600 Dubai Houston London Moscow NewYork Tokyo Washington Washington, DC 20004-1008 Tel202.639.6500 Fax 202.639.6604 wmrv.velaw.com

February 1,2006 Page 2 Please direct any questions regarding this submission to the undersigned. very truly yours, A Gregory C. Staple Counselfor TMI Communications and Company, Limited Partnership cc: Roderick Porter Cassandra Thomas Robert Hall Gardener Foster 526164-1.DOC

* I1 Industry Canada lndustrie Canada 300 slam stnY2t Ottawa,ON KlAOC8 Our File: 46215-1 (RH38235) Mr. Ted Ignacy Vice President, Finance TMI Communications and Company, Limited Partnership 1601 Telesat Court Gloucester, Ontario KlB 1B9 Dear Mr. Ignacy: I refer to your request of April 28,2005 seeking a further modification of Industry Canada's May 6,2002 approval in principle to TMI Communicationsand Company, Limited Partnership (TMI)pennitting TMI to develop its 2 GHz mobile satellite service at the 107.3OW orbital position. More specifically, TMI is requesting a modification to the approval that would permit TMI to develop its mobile satellite service at the 111.1O W orbital position using the allotment Ku band spectrum available to Canada at that position. In addressing your request, we have taken into consideration the importance of promoting new mobile satellite networks capable of offering advanced and innovative communication services to Canadians living in dl areas of Canada. The Department recognizes that the fixed satellite Ku allotment band spectrum and orbital positions can play a valuable role in the development of Canadian mobile satellite networks. The Department further recognizes the limited service coverage of the Canadian satellite positions that are currently available through the ITU fixed satellite allotment plan and notes that no other potential Canadian satellite operators have come forward with plans to develop a fixed satellite service using these resources. Finally, we have taken into consideration the revised mobile satellite spot-beam antenna architecture and other technological advancements incorporated into your satellite plan, as well as the increased demand these advancements will have on the amount of feederlink spectrum required to support the feederlink segment of your proposed mobile satellite system. Taking the above into account, we concur with your request that additional feeder-link spectrum will be needed, and that a standalone orbital position is ...2 Canads

-2- justified for TMI to develop its 2 GHz mobile satellite service. We, therefore, have concluded that it is in the public interest to assign Canada's allotment Ku band at the 111.1OW orbital position to TMI in support of the advanced and innovative mobile services to be provided to Canadians. Attached, you will find the conditions of licence applicable to the Department's approval of TMrs 2 GHz satellite plan. These conditions consolidate the original conditions affixed to the May 2002 approval in principle, as amended fiom time to time, and include modifications applicable to the use of the 111.1OW orbital position using the radio frequency bands set out in the table below. Radio Frequency Band Use 2000-2020 MHz and 21 80-2200 MHz Service to subscriber stations Feederlinks 14-14.05 GHz, 14.45-14.50 GHz, Telemetry, Tracking and Control I Please note that in accordance with the Department's commitment to fair, open and transparent licensing processes, this letter will be posted on our Strategis website. If you have any questions about this letter, please contact Richard Hiebezt at (613) 998-4333. Yours sincerely, .- Jan Skora Director General Radiocommunications and Broadcasting Regulatory Branch Attachment: 1 7 . --r -- I . - I . -I^ I-_ ------- W"

ATTACHMENT Revised 29 SeDternber 2005 TMI Communications and Company, Limited Partnership (TMI) Conditions to Obtain Authority to Operate a 2 GI% Space Station to Provide Mobile Satellite Services in Canada 1. Eligibility TMI shall conform on an ongoing basis with Canadian eligibility requirements as set out for a radiocommunication canier in section 1O(2) of the Radiocommunication Regulations. 2. Licence Transferability This approval and any consequent licences issued to TMI may not be transferred or assigned without a 111 review of the application by the Department and authorization of the Minister. For clarification, and without limiting the generality of the foregoing, "transfer" includes any leasing, sub-leasing or other disposition of the rights and obligations of the licences, and also includes any change which would have a material effkct on the ownership or control in fact of TMI. 3. Laws, Regulations, and Other Obligations TMI is subject to and must comply with the ITU Radio Regulations, the Canadian RadiocommunicationAct, Radiocommunication Regulations, and spectrum and radio policies pertaining to its authorized radio frequencybands and satellite orbital position. 4. Coverage of Canada TMI shall make fair and reasonable efforts to provide MSS service to all regions of Canada within the coverage contour as described in its application. 5. Benefits to Public Institutions TMI shall direct a minimum of two percent of the gross adjusted revenues &om the lifetime operation of this satellite, including any revenue derived fiom the advanced sale or lease of satellite capacity, at providing service to public institutions. TMI and Industry Canada shall work jointly to develop the tenns and conditions for access to this service by public institutions. Gross adjusted revenue is defined as total revenue less intercanier payments, bad debts, third party commissions, and goods and services taxes collected. Page 1 of 5

6. Implementation Milestones TMI shall meet the following implementation milestones by the respective dates set out in the following table: Table @ Milestone Date Submission of design specificationsto Department for June 15,2002 approval Signature of contract for the construction of the first of July 15,2002 two satellites Placement of the satellite into its assigned orbital November 30,2007 position 6.1 Submission of Final Design Specifications Prior to entering into a contract for the procurement of its satellite, TMI must demonstrate to the Department that the satellite design 1) will meet the coverage and capacity set out in its application of May 17,2001,2) will comply with all technical and operational requirements as set out in Articles 21 and 22 of the ITU Radio Regulations,3) will indicate what sub-bandswill be used for the 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 of Appendix 30B of the ITU Radio Regulations. To this end, TMI shall submit, by the Milestone 1 date above, the design specifications for the new satellite to the Department for approval. 6.2 Signature of Contract Within 15 days of final signature of the Milestone 2 contract, TMI must provide evidence satisfactory to the Department that TMI is bound to a contractual agrement with a satellite manufacturer for the construction of the proposed satellite. 7. Capacity to Meet the Needs of Users and Service Providers in Canada TMI shall operate the satellite as a Canadian radiocommunication carrier and shall offer directly or through re-sellers the satellite services or capacity on a non-discriminatorybasis in Canada. Page 2 of 5

8. Assigned Spectrum for Service to Subscriber Stations TMI will be authorized 10 MHz in each of the two bands (2000-2020 MHz and 2180-2200 MHz)' for service to subscriber stations. This 10 MHz will consist of 7 MHz in each direction, with an additional 3 MHz in each direction available on the condition that it does not constrain the entry of another MSS operator into the Canadian market. The Department will retain full flexibility to adjust TMI's assignment of 2 GHz service band spectrum in order to harmonize the assignment with other MSS assignments and with allocations for other services (eg., tenestrial mobile services) in the North American market. TMI'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 initiate notification for the potential displacement of fixed systems in Canada in accordance with condition 9 below. 9. Displacement of Fixed Stations Should displacement of fixed stations operating in the assigned service band spectrum be required to accommodate the offering of mobile satellite services,TMI and Industry Canada shall work jointly to effect such displacement in accordance with the Department's spectrum transition policy to facilitate the introduction of MSS in the bands 1990-2025 MHz and 2165-2200 MHz2 10. Use of Feeder Link Spectrum Feeder link earth stations shall be coordinated with terrestrial fixed services and be implemented in accordance with the Canadian Table ofFrequency Allocations and any relevant spectrum utilization policies. TMI shall endeavour to minimize the amount of feeder link spectnun needed to implement its satellite, and shall coordinate its use of feeder link spectrum with Mobile Satellite Ventures (Canada) Inc which operates a satellite using the same feeder link spectrum at 106.5"W and that it is approved to operate its next generation satellite at the 107.3"W orbital position. Use of the feeder link spectrum shall be implemented in accordance with the provisions of Appendix 30B of the ITU Radio Regulations for the 111.loworbital position. 11. Use of Telemetry, Tracking and Control Spectrum TMI shall coordinate the use of spectrum for telemetry, tracking and control operations with 'Note that a decision has not yet been taken on harmonizing the mobile-satellite spectrum with the U.S., per document DGTP-007-03. This policy is set out in section 5.0 of Industry Canada's Spectrum UtilizationPolicy (SP 1-3 GHz), Amendments to Microwave Spectrum Utilization Policies in the I-3 GH' Frequency Range. Page 3 of 5

other Canadian satellites which operate using the same fixed satellite service spectnun. 12. International Coordination of SateWte The satellite must be coordinated internationally prior to commencement of operation, and be notified to the ITU. To this end, TMI must participate at its own expense in the coordination of the satellite network with the satellite and terrestrial networks of other countries; provide the Department in a form acceptable to the ITU with all satellite coordination, notification, due diligence and all other information required by the ITU to implement this satellite; and ensm that the satellite conforms with any arrangements and agreements undertaken by Canada with respect to the coordination of the satellite. 13. Lawful Interception TMI shall provide and maintain lawful interception capabilities as authorized by law. The requirements for lawful interception capabilities are provided in the Solicitor General publication entitled Enforcement Standardsfor Lawfil Interception of Telecommunications.These standards may be periodically amended following consultation with the Solicitor General of Canada and the licensees. You may request the Minister to forbear !?om enforcing certain assistance capability requirements for a limited period. The Minister, following consultation with the Solicitor General of Canada, may exercise his power to forbear from enforcing a requirement or requirements where in the opinion of the Minister, the requirement(s) is (are) not reasonably achievable. Forbearance requests must include specific details and dates when compliance to requirement(s) can be expected. 14. Requirement to Hold Licences Prior to commencement of operation of the satellite and the provision of mobile satellite service in Canada, TMI shall obtain all necessary radio authorizations from the Department. To this end, TMI shall submit the administrative licensing information, set out in Annex B of Client Procedures Circular 2-6-02 (CPC-2-6-02), Licensing of Space Stations in Services other than the Amateur Satellite Service and the Broadcasting Satellite Service in Planned Bands, at least 90 days in advance of the anticipated launch date of the satellite. Additionally, all feeder link and telemetry, tracking and control earth stations communicating with the satellite must be licensed prior to operation pursuant to Client Procedures Circular 2-6-01 (CPC-2-6-01), Procedurefor the Submission of Applications to License Fixed Earth Statiom and to Approve the Use of Foreign Fixed-Satellite Service (FSS) Satellites in Canada. 15. Reporthg TMI must submit a detailed annual report to Industry Canada. This annual report must include: - an update indicating progress made in all areas respecting this licence; Page4of 5

- an update indicating continued compliance with all licence conditions; - an update on any coordination negotiations undertaken pursuant to conditions 10,11 and 12; - an update on activities related to the provision of capacity to public institutions in accordance with condition 5; - copies of any existing annual report for TMI's fiscal year with respect to this authorization; and - a current listing of all satellite capacity being made available through this approval and consequent authorizations, the capacity assigned to Canadian service providers and others, including the parties to which it is assigned,and any unwed capacity including the terms of its availability. These annual reports are to be augmented with semi-annual interim reports providing an update on all aspects of the design, procurement, construction, coordination and launch of the satellite until the satellite has been put into service. The first interim report is due June 30,2002,and the first annual report is due April 30,2003. These reports are to be submitted, in writing, to the Director, Space and International Regulatory Activities, Radiocommunication and Broadcasting Regulatory Branch. 16. Traffic Reports TMI must submit a traffic report for the satellite at the commencement of operations and every three months thereafter, indicating the channel capacity of each assigned feeder link transmit and receive frequency in terms of the number of telephone channels carried on each frequency, or telephone channel equivalencies as determined by application of section 58 of the Radiocommunication Regulations including all supporting information used to make this determination. These reports are to be submitted, in writing, to the Manager, Authorization Policy, Space and International Regulatory Activities, Radiocommunication and Broadcasting Regulatory Branch. 17. Payment of Licence Fees TMI must pay the applicable annual radio authorization fees within 15 days of acceptance in orbit of the satellite fiom the manufacturer, and on or before March 3 1 of each year thereafter.3 Such fees are established as appropriate by application of the Radiocommunication Regulations and the Minister of Industry's fee order, Notice No. DGRB-009-99 -- Radio Authorization Feesfor Mobile Satellite Services Using Radio Spectrum Above 1 GHi. PageSof 5


Document Created: 2006-02-07 15:28:22
Document Modified: 2006-02-07 15:28:22
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