Attachment NGSO withdrawal

NGSO withdrawal

WITHDRAWAL submitted by Boeing

letter withdrawing application

2003-12-19

This document pretains to SAT-AMD-20020916-00168 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2002091600168_352023

                                                                                                        SQUIRE, SANDERS & DEmpsEy L.L.P.

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                                                    December 19, 2003

                                                                                               VIA HAND DELIVERY

   Marlene H. Dortch
   Secretary
   Federal Communications Commission
   445 12th Street, S.W.
   Washington, D.C. 20054


           Re:       Application of The Boeing Company for Authority to Launch and
                     Operate a Non—Geostationary Medium Earth Orbit Satellite System in
                     the Fixed Satellite Service (Ku—band), File Nos. SAT—LOA—19990108—
                     00006 and SAT—AMD—20020916—00168, Call Sign $2365
                     Notice of Withdrawal of Application


   Dear Secretary Dortch:

           The Boeing Company ("Boeing"), through its attorneys, hereby withdraws the above—
   referenced Ku—band NGSO FSS application.‘ As the Commission is aware, the financial markets
   are not willing to fund such a large multi—billion dollar global commercial satellite network at
   this time, neither is it advisable that the company undertake such a large global commitment on
   its own. Boeing has also determined that it is not feasible to implement its proposed Ku—band
   NGSO network on an incremental basis, such as region by region.

            Boeing will instead focus its efforts and resources on other contributions to the global
   satellite industry. For example, Boeing is enjoying great success in deploying its Connexion by
   Boeing"" service. Connexion‘s business model has found new and innovative ways of using
   existing FSS satellites to provide broadband information and communications services to aircraft
   passengers and crew. The Connexion system serves a consumer market that has gone unserved
   by previous technologies. Boeing is also continuing to develop its 2 GHz Mobile—Satellite
   Service ("MSS") network, which is designed to provide seamless handheld communications and
   data services to consumers, initially in the United States. Moreover, Boeing continues to provide


   ‘ The withdrawal of this application renders moot the International Bureau‘s recent request for additional technical
   information regarding the spectrum sharing capabilities of Boeing‘s system. See Letter from Robert Nelson, Chief,
   Satellite Engineering Branch, Satellite Division, International Bureau, to Craig Holman, Office of the General
   Counsel, The Boeing Company (Dec. 9, 2003).



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Marlene H. Dortch                                                          December 19, 2003
Page 2

manufacturing and launch services for numerous other commercial satellite networks in order to
help deliver modern telecommunications services to consumers in the United States and abroad.

         Boeing‘s decision not to proceed with its Ku—band NGSO FSS application does not
diminish the tremendous work of the Commission‘s engineering and legal staff in the countless
international and domestic working groups that resulted in consensus on technical rules that
would permit NGSO FSS networks to operate on a shared basis in the Ku—band with incumbent
spectrum users. The Commission also should be applauded for creating domestic service and
licensing rules and policies enabling multiple NGSO FSS networks to operate on a shared basis
in the Ku—band.

        Boeing thanks the Commission and its staff for the time and effort devoted to developing
a regulatory environment that accommodates NGSO FSS systems in the Ku—band. Please let us
know if you have any questions.

                                            Sincerely,


                                            Jogéph Markoski
                                            Counsel for The Boeing Company


co:      Jennifer Gilsenan
         Robert Nelson
         Kal Krautkramer



Document Created: 2004-01-12 16:11:31
Document Modified: 2004-01-12 16:11:31

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