Attachment Deere comments secy

This document pretains to SAT-ASG-20010302-00017 for Assignment on a Satellite Space Stations filing.

IBFS_SATASG2001030200017_935365

RECEIVED Before the MAY —7 2001 FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 T i o In re Applications of N/ N/ NN NT NT NT NNN N NNN NNN N NY Motient Services Inc. and 1Nsstssccc_. 7@ TMI Communications and Co., LP MAY 082001 SES—ASG—20010116—00097 for Authority to Assign Their Earth Station, Cateliite Engineering Branch Space Station, 214, Special Temporary, and SES—ASG—200101 16—-00@%;@;3’;;%?0%; azgaau Pending Authorizations to Mobile Satellite Ventures Subsidiary LLC; SES—ASG—20010116—00099 and to Modify Their Earth Station and Space Station Authorizations as well as Their STAs and Pending Applications to permit MSV Sub to Use Canadian—Licensed Facilities; and to Launch and Operate a Next—Generation Mobile Satellite System. To: Chief, International Bureau COMMENTS OF DEERE & COMPANY Deere & Company ("Deere"), by its undersigned counsel and pursuant to Sections 1.45 and 25.154 of the Commussion‘s rules, hereby files these comments to the Partial Petition to Deny of Inmarsat Ventures plc ("Inmarsat"). In reply, Deere presents additional reasons for Deere‘s opposition to the grant of the captioned merger and license modification applications of Motient Services, Inc. ("Motient‘") and TMI Communications and Co., LP ("TMI," and, collectively with Motient, "TMI/Motient"). Deere previously detailed its views on the adverse impact of a grant of the proposed merger on competition in the satellite services market, particularly in the absence of

the ability to access Inmarsat‘s international mobile satellite service ("MSS") space segment for non—core services.‘ In its Petition, Inmarsat raises its technical concerns about the adverse impact on L—band MSS of implementation of the TMI/Motient proposal for their terrestrial use of the L— band frequencies licensed for MSS only. Deere files these Comments in support of Inmarsat‘s Petition. 1. PROTECTION OF TMI/MOTIENT‘S PRIVATE INTERESTS IS NOT THE COMMISSION‘S ROLE. Motient unblushingly requests an unlimited waiver of the Commussion‘s Rules for modification of TMI/Motient‘s licenses so that spectrum currently licensed for MSS may instead be used by them on an exclusive basis to provide terrestrial service. This attempt to provide commercial mobile radio service ("CMRS") through the back door and without competition from other auction bidders or payment of spectrum fees,2 is, of course, a proposal that would benefit TMI/Motient alone. In yet another example of its anti—competitive, monopolistic behavior, Motient demonstrates that it believes that it has an inalienable right to do, and to force the Commission to do, whatever Motient wants, regardless of whether that is consistent with the Commission‘s Rules or the terms of Motient‘s spectrum license and allocation, and regardless of whether that is in the public interest. Whatever Motient may believe, however, protection of Motient‘s financial viability and private interests at all costs and on Motient‘s terms is not the Commission‘s mission." ‘See Petition to Deny ofDeere & Company, filed on April 18, 2001. *See, for example, Comments of the Cellular Telecommunications and Internet Association, filed April 18, 2001; Comments ofAT&T Wireless Services, Inc. filed April 18, 2001; Opposition of Verizon Wireless, filed April 18, 2001; Opposition ofSprint Corporation, filed April 18, 2001; Petition to Deny in Part ofARINC, filed April 18, 2001. Chairman Powell has long indicated his strong preference for letting the market sort out winners and losers. In 1998 he said: "We should not dare to pick technology winners or losers, whether consciously or unconsciously." (Commissioner Michael K. Powell, "Technology and Regulatory 2

. AUTHORIZATION OF TMI/MOTIENT‘S PROPOSED TERRESTRIAL MOBILE SERVICES COULD SEVERELY IMPAIR ALL MSS OPERATIONS AND IS THEREFORE CONTRARY TO THE PUBLIC INTEREST. Deere is an end—user of MSS for a technologically advanced "precision farming‘ application. As such, Deere is greatly concerned that a grant of the proposed merger and waiver could imperil MSS, either directly by effectively re—allocating spectrum necessary for MSS to CMRS use, or indirectly by technical impairment of all MSS service. As set forth in pleadings filed with respect to Deere‘s applications for Inmarsat access," Deere currently has no legally available alternative to use of Motient‘s MSS data transport services for its GreenStar"" precision farming system. Fanatically jealous of protecting its MSS monopoly, Motient has strenuously opposed Deere‘s applications to receive also in the U.S. the Inmarsat MSS feed to which Deere has already subscribed for use in the rest of the Americas." Now, apparently, Motient proposes not only to preclude Deere‘s use of Inmarsat service but also even Deere‘s use of Motient‘s own MSS. Thinking: Albert Einstein‘s Warning," speech before the Legg Mason Investor Workshop, March 13, 1998.) Chairman Powell reiterated his aversion to picking winners in his first press conference upon being nominated as Chairman. See David Rohde, Powel/ Boosts Technology — For Real, NETWORK WORLD, Feb. 12, 2001. *In re Deere & Company Application for Blanket Authority to Operate up to 10,000 Non—Common Carrier, Receive—Only Domestic Mobile Earth Stations in the United States Using Inmarsat II, F2 Satellite, SES—LIC—20010112—00051 ("Deere Application"); In re Application ofDeere & Companyfor Special Temporary Authorityfor Certain Receive—Only Mobile Earth Stations, SES— STA—20010112—00046; denied sub nom. Letter to Deere from Thomas S. Tycz, Chief, Satellite and Radiocommunication Division, International Bureau, dated Mar. 2, 2001 ; Petition for Reconsideration pending ("ST4 Application "). ‘In the Matter ofDeere & Company Application for STA, SES—STA—20010112—00046, Petition to Deny of Motient Services, Inc., filed Jan. 24, 2001; Opposition to Petition for Reconsideration of Motient Services, Inc., filed Apr. 4, 2001. See also In the Matter ofDeere & Company for Authority to Access Inmarsat, SES—LIC—20010112—00051, Petition to Deny of Motient Services, Inc., filed Mar. 9, 2001. See also Letter of Motient Services Inc., requesting denial of authority for Deere and four other applicants to use Inmarsat, filed Mar. 20, 2001. See also In the Matter of Inmarsat Ventures ple Request for Extension of Time, Opposition of Motient Services Inc. filed Apr. 27, 2001. 13.

Use of Motient MSS is currently Deere‘s only option. As Inmarsat has demonstrated,° however, allowing Motient to convert the existing MSS L—band allocation to terrestrial mobile service is likely to lead to such high levels of aggregate interference with and degradation of Motient‘s own MSS signal that transmissions will fail to provide the reliable and uninterrupted dataflows critical to Deere and to the U.S. farmers who rely upon the GreenStar"" precision farming system. Moreover, TMI/Motient‘s claim that it can operate both satellite and terrestrial units without the need for additional spectrum is simply untrue.‘ By introducing additional interference into the band from terrestrial mobile units, TMI/Motient‘s proposed L—band terrestrial service would effectively preclude other operators from using the already limited amount of L—band spectrum available to MSSS Inmarsat has shown that implementation of TMI/Motient‘s terrestrial use proposal would cause harmful co—channel uplink interference adversely affecting all L—band MSS.‘ Moreover, use of TMI/Motient‘s proposed terrestrial terminals not only would °In the Matter ofMotient Services Inc. and TMI Communications & Company, LP Application for Assignment ofLicenses to Mobile Satellite Ventures Subsidiary LLC, SAT—ASG—20010302— 00017, Partial Petition to Deny of Inmarsat Ventures, plc, and Technical Attachment, filed Apr. 18, 2001 [hereafter "Inmarsat Partial Petition to Deny""|. ‘Inmarsat Partial Petition to Deny. ®As this Commission knows, the shortage of available L—band spectrum is chronic and long— standing. Motient itself has repeatedly complained of congestion in the L—band, contending that it has insufficient spectrum to meet its needs. Motient has repeatedly asserted that other MSS operators‘ use of the available capacity is inefficient and should be curtailed. In view of Motient‘s terrestrial use proposal, however, it appears that Motient intended that this suggestion apply to other MSS operators —— not to Motient. Given that there simply is already no spectrum to spare in the L—band for MSS services, much less enough to accommodate also the type of large— scale terrestrial mobile network that Motient envisions, the Commission should deny Motient‘s application. Inmarsat Partial Petition to Deny, Technical Attachment. —4_

degrade co—channel uplink reuse, but also would block downlinks to MSS terminals in adjacent frequency bands by overloading the sensitive receiving amplifiers of such terminals. 10 TMI/Motient‘s terrestrial use of the L—band MSS spectrum therefore not only would impair Motient‘s own MSS, but also would seriously reduce the total availability of spectrum for all MSS operators. Thus, even if Deere is, despite Motient‘s vociferous objections, at last authorized to use the international Inmarsat MSS, the current high reliability and utility of the Inmarsat service could by then have been compromised by TMI/Motient‘s terrestrial operations. In view of the substantial harm that would be inflicted upon all existing L—band operators and their customers thereby, there can be no justification for transforming the current MSS spectrum allocation into spectrum for Motient‘s exclusive terrestrial use. The net result of implementation of TMI/Motient‘s proposals would be to deny end—users the MSS they now use and rely upon for critical applications. Those suffering from this service impairment could include even the public safety users that have submitted Motient—template based letters of support for the proposed TMI/Motient merger‘‘ in the expectation that its approval by the FCC would promote the continuation of the Motient MSS. Causing interference to an existing service, particularly when public safety users are involved, is clearly inimicable to the public iriterest.12 Given that TMI/Motient‘s proposed ‘‘Inmarsat has noted that its service to Latin America could well be impaired by implementation of Motient‘s proposal for terrestrial use of the L—band MSS frequencies. Inmarsat Partial Petition to Deny, page 8. Deere‘s GreenStar"‘ service is offered throughout the Americas, as well as throughout the world, so the international adverse consequences of implementation of the Motient proposal are also of great concern to Deere. ‘In the Matter ofMotient Services Inc. and TMI Communications & Company, LP Application for Assignment ofLicenses to Mobile Satellite Ventures Subsidiary LLC, SAT—ASG—20010302— 00017, Comments of the City of Miami, filed Apr. 4, 2001; Comments of Montrose County, Colorado, filed Apr. 10, 2001; and Comments of the Dept. of Social and Health Services, State of Washington, filed Mar. 29, 2001. 2 See, e. g., Service Rules for the 746—764 and 776—794 MHz Bands, and Revisions to Part 27 of . the Commission‘s Rules, Second Report and Order, 15 FCC Red. 5299, at paras. 16, 22 (2000). 25

terrestrial use of the L—band MSS frequencies would jeopardize the quality and availability not only of Motient‘s own domestic MSS but also of the international MSS provided by Inmarsat and others, there is no justification for allowing terrestrial use by TMI/Motient of scarce L—band frequencies allocated only for MSS. III. TMI/MOTIENT®S TERRESTRIAL OPERATIONS COULD BLOCK RECEPTION OF GPS SIGNALS THAT ARE ESSENTIAL TO MILLIONS OF USERS, INCLUDING DEERE‘S GREENSTAR*Y SYSTEM FARMER CUSTOMERS. In addition, as described by Inmarsat, * the level of transmitted power from Motient‘s terrestrial base stations may be sufficient to block reception of the satellite navigation signals in the adjacent Global Positioning System ("GPS") band by overloading the sensitive receiving amplifiers of the GPS terminals. Deere‘s GreenStar"" system uses data transmitted over the L— band to refine the less precise positioning data widely available from the GPS service, and thus GPS data is a fundamental input of the GreenStar"" system. Blockage of the GPS signal would have a substantial adverse effect on Deere and its farmer customers in the U.S. and possibly other parts of the world —— as well as on miflions of other users dependent on applications that rely on the GPS service. Such impairment of GPS service, even absent the other technical harm that would result, in itself warrants rejection of TMI/Motient‘s proposed terrestrial use of the L—band spectrum. CONCLUSION Not for the first time, Motient calls on this Commiussion to ignore its governing laws and established regulations to accord preferential treatment to Motient. As this Commission has found, however, "the Commission‘s statutory responsibility is to protect competition, not "Inmarsat Partial Petition to Deny at 10 & 12. —6—

competitors.""* Ensuring Motient‘s financial viability is insufficient justification for allowing Motient to make extensive (and exclusive) terrestrial use of MSS L—band frequencies that could seriously impair both MSS and GPS service. Deere therefore urges the Commussion to deny forthwith TMI/Motient‘s applications to modify their authorizations to permit their offering of terrestrial services using the L—band frequencies assigned to Motient only for MSS. Respectfully submitted, DEERE & COMPANY 5J q / // v ~ . )/\/VV{__—~" «_ Cl L Helen E. Disénhaus Eliot J. Greenwald Grace R. Chiu Its Attorneys SWIDLER BERLIN SHEREFF FRIEDMAN, LLP 3000 K Street, NW, Suite 300 Washington, D.C. 20007—5116 (202) 424—7500 May 7, 2001 #376152 v.2 "In re Application for Transfer of Control ofALASCOM, Inc. from Pacific Telecom, Inc. to AT&T Corporation, 11 FCC Red 732, 758 56 (1995). 17.

Uag £5GUu w k U Jat C D Ta 4Oz q yre y se n kc en it ce a VERIFICATION OF WILLIAM PETER WILLIAMS I, William Peter Williams, do hereby verify and state: I am Director, Marketing for NavCom Technology Inc. ("NavCom"), a wholly owned subsidiary of Deere & Company. My business address is 123 West Torrance Boulevard, Suite 101, Redondo Beach, CA 90277 I hold a Bachelor of Science in electrical engineering and a Doctorate in Electronic Engineering, both from the University of Nottingham, England. 1 have reviewed the attached "Comments of Deere & Company" and hereby verify that the factual statements contained thereinare true and correct. 1 verify under penalty of perjury that the foregoing is true and correct. Executed on May 7, 2001. SbA flls Mlaze,

CERTIFICATE OF SERVICE 1, Phyllis W. Perry, hereby certify that on this 7"" Day of May 2001, 1 caused a copy of the foregoing Comments of Deere & Company to be sent served on the following by U.S. Mail or hand delivery to the attached list of recipients. _\ h LLL{ Phyllis w. Perry

John Coles Satellite Policy Branch Michael K. Powell, Chairman Satellite & Radiocommunication Division Federal Communications Commission International Bureau 445 12" Street, S.W. Federal Communications Commission Washington, D.C. 20554 445 Twelfth Street, S.W. Washington. D.C. 20554 Susan Ness, Commussioner Harold W. Furchtgott—Roth, Commissioner Federal Communications Commussion International Bureau 455 12"" Street, S.W. Federal Communications Commission Washington, D.C. 20554 445 Twelfth Street, S.W. Washington, D.C. 20554 James L. Ball Gloria Tristani, Commissioner International Bureau Federal Communications Commuission Federal Communications Commission 445 12"" Street, S.W. 445 Twelfth Street, S.W. Washington, D.C. 20554 Washington, D.C. 20554 Tom Tycz John I. Riffer Chief Officer of General Counsel Satellite & Radiocommunication Division Federal Communications Commission International Bureau 445 12"" Street, S.W. Federal Communications Commission Washington, D. C. 20554 445 Twelfth Street, S.W. Washington, D.C. 20554 Rebecca Arbogast Kelly Cameron Chief Robert Galbreath Telecommunication Division Power Goldstein Frazer & Murphy, L.L.P. International Bureau 1001 Pennsylvania Avenue, N.W. Federal Communications Commission 6"" Floor Washington, D.C. 20004 445 12"" Street, S.W. Washington, D. C. 20554

Karl Kensinger Claudia Fox Special Advisor Policy and Facilities Branch Satellite & Radiocommunication Division Telecommunications Division International Bureau Federal Communications Commission Federal Communications Commission 445 12"" Street, S.W. 445 12"" Street, S.W. Washington, D.C. 20554 Washington, D.C. 20554 Ronald Repasi Sylvia Lam Chief Satellite Engineering Branch Satellite Engineering Branch Satellite & Radiocommunication Division Satellite & Radiocommunication Division International Bureau International Bureau Federal Communications Commission Federal Communications Commission 445 12"" Street, S.W. 445 12"" Street, S.W. Washington, D.C. 20554 Washington, D.C. 20554 Magalie Roman Salas Terrence Reideler Secretary International Bureau Federal Communications Commission Federal Communications Commission 445 12"" Street, S.W. 445 12" Street, S.W. Washington, D.C. 20554 Washington, D.C. 20554 Lon C. Levin Bruce D. Jacobs Vice President and Regulatory Counsel David S. Konczal Motient Services Inc. and Mobile Satellite ShawPittman Ventures Subsidiary LLC 2300 N Street, NW. 10802 Parkridge Boulevard Washington, DC 20037 Reston, VA 20191 International Transcription Services, Inc. 455 12"" Street, SW Room CY—B402 Washington, D.C. 20554

Thomas J. Sugrue, Chief Herbert Zeiler Wireless Telecommunications Bureau Wireless Telecommunications Bureau Federal Communications Commission Federal Communications Commission 445 12"" Street, S.W. 445 12"" Street. S.W. Washington. D.C. 20554 Washington. D.C. 20554 Lawrence H. Williams Cheryl A. Tritt Suzanne Hutchings Charles Kennedy New ICO Global Communications Morrison & Foerster LLP (Holdings) Ltd. 2000 Pennsylvania Avenue, N.W. 1730 Rhode Island Avenue. N.W. Suite 5500 Suite 1000 Washington. D.C. Washington, D.C. 20036 Michael F. Altschul Mary Ellen Warlow Senior Vice President, General Counsel Acting Deputy Assistant Attorney General Cellular Telecommunications Criminal Division & Internet Association DEPARTMENT OF JUSTICE 1250 Connecticut Avenue, NW 950 Pennsylvania Avenue, NW Suite 800 Washington, D.C. 20530 Washington, D.C. 20036 Cassandra Thomas Gregory C. Staple Satellite and Radiocommunication Division Vinson & Elkins L.L.P. International Bureau 1455 Pennsylvania Avenue, NW Federal Communications Commission Washington, DC 20004—1008 445 12"" Street, S.W. Washington, D.C. 20554 Fern Jarmulnek Jennifer Gilsenan Senior Legal Advisor Satellite and Radiocommunication Division Satellite and Radiocommunication Division International Bureau International Bureau Federal Communications Commission Federal Communications Commission 445 12" Street, S.W. 445 12"" Street, S.W. Washington, D.C. 20554 Washington, D.C. 20554

J.R. Carbonell Luisa L. Lancetti Carol L. Tacker Jay C. Keithley David G. Richards Roger C. Sherman Cingular Wireless LLC Sprint Corporation 5565 Glenridge Connector 401 9°" Street, NW. Suite 400 Suite 1700 Washington, D.C. 20004 Atlanta, GA 30342 John L. Bartlett John C. Smith, Esq. Wiley, Rein & Fielding Aeronautical Radio, Inc. 1776 K Street, NW. 2551 Riva Road Washington, D.C. 20006—2304 Annapolis, MD 21401 Howard J. Symons Douglas I. Brandon Sara F. Leibman David P. Wye Catherine Carroll AT & T Wireless Services, Inc. Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. 1150 Connecticut Avenue, N.W. 701 Pennsylvania Avenue, N.W. Fourth Floor Suite 900 Washington, D.C. 20036 Washington, D.C. 20004 Kathleen O ‘Brien Ham, Deputy Bureau Chief Jim Schlichting, Deputy Bureau Chief Wireless Telecommunications Bureau Wireless Telecommunications Bureau Federal Communications Commussion Federal Communications Commission 445 12"" Street, S.W. 445 12"" Street, S.W. Washington, D.C. 20554 Washington, D.C. 20554 John T. Scott, III Anna M. Gomez, Deputy Chief Vice President and Deputy International Bureau General Counsel — Regulatory Law Federal Communications Commission Verizon Wireless 445 12"" Street, S.W. 1300 1 Street, N.W., Suite 400 W Washington, D.C. 20554 Washington, D.C. 20005

Donald C. Brittingham Julius P. Knapp, Chief Director —— Spectrum Policy Policy and Rules Division Verizon Wireless Office of Engineering and Technology 1300 I Street, NW., Suite 400W Federal Communications Commission Washington, D. C. 20005 445 12"" Street, S.W. Washington, D.C. 20554 Tara K. Giunta, Esq. Timothy J. Logue Space & Telecommunications Analyst Courdert Brothers 1627 | Street, N.W. Washington, D.C. 20006


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Document Modified: 2012-01-13 15:29:19
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