Attachment FCC grant

This document pretains to SAT-AMD-20031118-00332 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2003111800332_372578

II




                                                                                  ORIGIN
                                                                        ”“71
                                                                          ECEIVED
                                                                               NOV 1 9 2003
In the Mattix of                                       )NOV 2 1 2003
Mobile Satellite Ventures Subsidiary LLC               brant office      FEDUUL COMMUNlCATlOHS C
                                                                              OFFKI OFTHE SEcRnARy
                                                                                                     W   N


                                                       )
Application for Minor Modification of Space            )    File No. SAT-MOD-2003 1 1 18-00333
Station License (AMSC-I)                               1
                                                       1
Minor Amendment to Pending Application to              )    File No. SAT-AMD-2003 1 1 18-00332
Launch and Operate a Next-Generation                   1
Replacement MSS Satellite System                       )
(SAT-ASG-200 10302-000 17 et al)                       1
                                                       1
Application for a Minor Modification of Blanket        )    FileNo.
License to Operate Mobile Earth Terminals with         1
MSAT- 1                                                )

      MOTION TO DESIGNATE PROCEEDINGS AS “PERMIT-BUT-DISCLOSE”
       Mobile Satellite Ventures Subsidiary LLC (“MSV”) hereby requests that the Commission

designate the exparte status of the above-captioned proceedings as “permit-but-disclose.”

Pursuant to the Commission’s rules, “[wlhere the public interest so requires in a particular

proceeding, the Commission and its staff retain the discretion to modify the applicable exparte

rules by order, letter, or public notice.” 47 C.F.R.   1.1200(a). The proceedings involve three

identical applications filed by MSV on November 18,2003 for authority to add an Ancillary

Terrestrial Component (“ATC”) to the existing and planned L-band Mobile Satellite Service

(“MSS”) systems of MSV and Mobile Satellite Ventures (Canada) Inc. (“MSV Canada”).

Specifically, to add ATC authority, MSV has requested a minor modification of the license for

its current-generation satellite, a minor amendment of its pending application to launch and

operate a next-generation replacement MSS satellite, and a minor modification to a blanket

mobile earth terminal license it holds to access the foreign-licensed satellite of MSV Canada.


       The applications involve complex technical issues, for which the free exchange of views,

particularly with Commission engineers, will be useful in creating a more complete record.’

Further, permit-but-disclose status is consistent with the ex parte status of related ATC

proceedings. Specifically, the Commission has already designated MSV’s pending replacement

satellite application, in which MSV initially proposed to operate ATC, as permit-but-disclose.2

Moreover, the pending ATC rulemaking proceeding, with which many of the issues raised in

MSV’s ATC application are intertwined, is a permit-but-disclose proceeding under the

Commission’s

       Based on the foregoing, MSV respectfully requests that the Commission designate the ex

parte status of the above-captioned proceedings as “permit-but-disclose.”

                                                 Respectfully submitted,



                                                 Bruce D. Jacobs
                                                 David S. Konczal
                                                 Shaw Pittman LLP
                                                 2300 N Street, NW
                                                 Washington, D.C. 20037
                                                 (202) 663-8000

                                                 Counsel for Mobile Satellite Ventures
                                                 Subsidiary LL C

November 19,2003

       ‘See, e.g., Public Notice, Report No. SPB-136 (August 25, 1998) (relaxing exparte status
of L-band earth station applications because it will “assist the Commission in developing a
complete record on which a well-reasoned decision can be made”).
       2SeePublic Notice, Report No. SPB- 170 (June 26,2000).
        347 C.F.R. 9 1.1206; see Flexibility for Delivery of Communications by MSS Providers,
Notice of Proposed Rulemaking, IB Docket No. 01-185, 16 FCC Rcd 15532, T[ 84 (2001);
Flexibility for Delivery of Communications by MSS Providers, Report and Order, IB Docket No.
0 1- 185, 18 FCC Rcd 1962 (2003) (“A TC Order”) (petitions for reconsideration pending).




                                                 2


                               CERTIFICATE OF SERVICE


       I hereby certify that a copy of the foregoing MOTIONTO DESIGNATE    PROCEEDINGS   AS
“PERMIT-BUT-DISCLOSE”      was sent via hand-delivery on this 19thday of November 2003, to the
following:

Jennifer Gilsenan *
International Bureau
Federal Communications Commission
445 1 2 ‘ ~Street, sw
Washington, DC 20554

Howard Griboff *
International Bureau
Federal Communications Commission
445 lYh Street, sw
Washington, DC 20554




Document #: 1364090 v.1



Document Created: 2004-05-12 14:24:32
Document Modified: 2004-05-12 14:24:32

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