Attachment 1995Motorola consoli

1995Motorola consoli

PETITION submitted by Motorola

Consolidated Petition for clarification and/or reconsideration

1995-03-02

This document pretains to SAT-L/A-19941116-00074 for Launch Authority on a Satellite Space Stations filing.

IBFS_SATLA1994111600074_1081205

©ECEIVED Before the MAR — 2 1995 FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 FEDERAL COMHUNIEETIONS comulssion OFFICE OF TiE SECRETARY e Ne ue Nur Nt Nusr Nt Ne Nt Nut Nut tut tut Nut Nt tut Nt Ne‘ Nut ut tut In the Matter of the Applications of: TRW INC. File Nos. 20—DSS—P—91(12) CSS—91—015 17—SAT—LA~—95 AT—AMEND—95 LORAL/QUALCOMM PARTNERSHIP, L.P. File Nos. 19—DSS—P—91(48) CSS—91—014 13—SAT—LA—95 14—SAT—AMEND—95 21—SAT—MISC—9§~5——— u: For Authority to Construct, Launch and Operate Low Earth Orbit Satellite Systems to Provide Mobile Satellite Services in the 1610—1626.5/ 2483.5—2500 MHz Bands. CONSOLIDATED PETITION FOR CLARIFICATION AND/OR RECONSIDERATION Motorola Satellite Communications, Inc. ("Motorola"} hereby petitions the Bureau for clarification and/or reconsideration of certain aspects of the Orders and Authorizations issued to TRW Inc. ("TRW") and Loral/Qualcomnm Partnership, L.P. ("LQP") in the above—captioned proceedings. / 1/ See TRW Inc., DA 95—130 (released January 31, 1995), erratum, DA 95—371 (released February 28, 1995); Loral/Qualcomnm Partnership, L.P., DA 95—128 (released January 31, 1995), erratum, DA 95—373 (released February 28, 1995). Motorola believes that the recently released errata to TRW‘s and LQP‘s Authorization Orders adequately address another issue of concern to it regarding the Commission‘s interim band sharing plan. As the Commission is aware, Motorola has petitioned for reconsideration of the decision to impose such a plan on all MSS licensees irrespective of the need to protect GLONASS operations in the United States. In the Matter of the Commission‘s Rules to (continued...)

( These orders grant authority to TRW and LQP to construct, launch and operate mobile satellite systems in a portion of the 1610— 1626.5 MHz and 2483.5—2500 MHz bands on a private carriage basis.* Motorola raises only two relatively minor, although important, issues for the Bureau to reconsider and/or clarify with respect to the TRW and LQP authorization orders. First, as the Bureau is aware, in the rulemaking proceeding on licensing and service rules for the 1.6 and 2.4 GHz MSS bands, the Commission initially proposed an automatic 3.1 MHz reduction to the CDMA side of the service link spectrum in the event that only one CDMA licensee proceeded with the construction and 17 (...continued) Establish Rules and Policies Pertaining to a Mobile Satellite Service in the 1610—1626.5/2483.5—2500 MHz Frequency Bands, 9 FCC Rced. 5936 (1994) ("Big LEO Report & Order‘"). See Petition for Clarification and Partial Reconsideration of Motorola Satellite Communications, Inc. (Nov. 21, 1994). LQP also has requested reconsideration of this aspect of the Big LFEO Report & Order. See Petition for Clarification and Partial Reconsideration of LQP (Nov. 21, 1994). As revised, Motorola understands that all three of the Big LEO Authorization Orders now remain subject to an interim band sharing plan "and revisions, if any, adopted in response to pending petitions to reconsider that plan." See e.g., TRW Erratum, at § 24. Thus, if the Commission were to decide to eliminate this plan on reconsideration of the Bigq LEO Report & Order, none of these authorizations would remain subject to any interim band plan. If Motorola‘s interpretation of these orders, as revised, is incorrect, then it hereby requests further clarification and/or reconsideration. 2/ Motorola has been granted similar authority to construct, launch and operate a mobile satellite system comprised of 66 space stations and 12 in—orbit spares in a portion of the 1610— 1626.5 MHz band on a bidirectional basis. See Motorola Satellite Ccommunications, Inc., DA 95—131 (released January 31, 1995), erratum, DA 95—372 (released February 28, 1995).

implementation of its system.* The Commission ultimately chose "to defer any decision with respect to the 3.1 MHz between 1618.25 and 1621.35 MHz" based upon a belief that the various portions of the 1.6 GHz MSS band may not prove to be equivalent due to interservice sharing requirements and potential foreign system coordination concerns.*‘ The Commission, however, did not rule out the possibility of reassigning this 3.1 MHz of spectrum in the future in light of "the circumstances that have developed at that time."*" In order to quarantee that any future modifications to its band sharing plan can be made in an efficient and effective manner, the authorizations of each of the CDMA licensees must be expressly conditioned upon the potential loss of the use of 3.1 MHz of spectrum between 1618.25 and 1621.35 MHz.Y Second, each of these authorizations must also be conditioned upon the milestone dates specified in the Big LEO Report & Order for initiating construction, completing construction and initiating operation of the respective satellite 3/ See Notice of Proposed Rulemaking, 9 FCC Red. 1094, 1112 T{ 33—34 (1994) . 4/ gee Big LEO Report & Order, at «C 55. 2 ta. &/ This condition should not place any undue burden on either TRW or LQOP since the system designs of both licensees contemplate the channelization of their service link spectrum into 2.5 MHz and 1.25 MHz CDMA channels, respectively. A loss of 3.1 MHz of uplink spectrum would result in the loss of 3 channels for LQP and 1 channel for TRW; however, each of these systems would obtain a resulting benefit in overall system capacity by not having to share its spectrum on a co—frequency basis with any other system operator.

systens. Indeed, the Commission contemplated that such implementation milestones would become a condition of each authorization." It appears that the Bureau inadvertently failed to include these milestones in all of the authorizations. Accordingly, Motorola requests that the Bureau expressly subject the TRW and LQP system authorizations to the following conditions: IT IS FURTHER ORDERED that this authorization is conditioned upon the requirement that [LQP/TRW] construct its satellite system in such a manner as to allow for any possible reduction in the amount of operational spectrum available for its use in the United States as contemplated by In the Matter of Amendment of the Commission‘s Rules to Establish Rules and Policies Pertaining to a Mobile Satellite Service in the 1610— 1626.5/2483.5—2500 MHz Frequency Bands, 9 FCC Rcd. 5936, € 55 (1994); IT IS FURTHER ORDERED that this authorization is conditioned upon the satisfactory completion of the following implementation milestones: Years from Unconditional Milestone Grant of this Authorization Begin Construction of First Two Satellites 1 Year Begin Construction of Remaining Satellites 3 Years Complete Construction of First Two Satellites 4 Years Entire Authorized Systenm Operational 6 Years The failure to meet any one of these milestones shall result in this authorization being declared null and void. U gSee Big LEO Report & Order, at { 189.

Respectfully submitted, MOTOROLA SATELLITE COoMMUNICATIONS, INC. Michael D. Kennedy (R4Z.s PhilipL. Malet. Vice President and Director, Alfred M. Mamlet Regqgulatory Relations Pantelis Michalopoulos Barry Lambergman Manager, Satellite STEPTOE & JOHNSON Regulatory Affairs 1330 Connecticut Ave., N.W. MOTOROLA INC. Washington, D.C. 20036 Ssuite 400 (202) 429—6239 1350 I Street, N.W. Washington, D.C. 20005 (202) 371—6900 Its Attorneys Date: March 2, 1995

sERVICE LIST I, Philip L. Malet, hereby certify that the foregoing Petition was served by first—class mail, postage prepaid, this 2nd day of March, 1995, on the following persons: * Chairman Reed E. Hundt Federal Communications Commission Room 814 1919 M Street, N.W. Washington, D.C. 20554 * Commissioner James H. Quello Federal, Communications Commission Room 802 1919 M Street, N.W. Washington, D.C. 20554 * Commissioner Andrew C. Barrett Federal Communications Commission Room 826 1919 M Street, N.W. Washington, D.C. 20554 * Commissioner Rachelle B. Chong Federal Communications Commission 1919 M Street, N.W. Washington, D.C. 20554 * Commissioner Susan Ness Federal Communications Commission 1919 M Street, N.W. Washington, D.C. 20554 * Karen Brinkmann Special Assistant Office of the Chairman Federal Communications Commission Room 814 1919 M Street, N.W. Washington, D.C. 20554 * Scott Blake Harris Chief, International Bureau Federal Communications Commission Room 658 1919 M Street, N.W. Washington, D.C. 20554

Thomas TyCcZ Chief, Satellite and Radiocommunication Division — International Bureau Stop Code 0800B Federal Communications Commission 2000 M Street, N.W. Washington, D.C. 20554 Cecily C. Holiday Deputy Chief, Satellite and Radiocommunication Division International Bureau Stop Code O800B Federal Communications Commission 2000 M Street, N.W. Washington, D.C. 20554 Fern J. Jarmulnek Chief, Satellite Radio Branch International Bureau Stop Code O800B Federal Communications Commission 2000 M Street, N.W. Washington, D.C. 20554 Karl Kensinger Satellite Radio Branch International Bureau Stop Code 0800B Federal Communications Commission 2000 M Street, N.W. Washington, D.C. 20554 William Kennard General Counsel Federal Communications Commission Room 614 1919 M Street, N.W. Washington, D.C. 20554 Bruce D. Jacobs, Esquire Glenn S. Richards, Esquire Fisher Wayland Cooper Leader & Zaragoza L.L.P. 2001 Pennsylvania Ave., N.W. Suite 400 Washington, D.C. 20006—1851 (Counsel for AMSC)

Lon C. Levin Vice President American Mobile Satellite Corp. 10802 Parkridge Blvda. Reston, VA 22091 Robert A. Mazer, Esquire Rosenman & Colin 1300 19th Street, N.W. Suite 200 Washington, DC 20036 (Counsel for Constellation) Leslie Taylor, Esquire Leslie Taylor Associates 6800 Carlynn Court Bethesda, MD 20817—4302 (Counsel for Loral Qualcomnm) John T. Scott, III, Esquire William Wallace, Esquire Crowell & Moring 1001 Pennsylvania Ave., N.W. Washington, D.C. 20004—2505 (Counsel for Loral Qualcomm) Dale Gallimore, Esquire Counsel Loral Qualcomm 7375 Executive Place, Suite 101 Seabrook, MD 20706 Norman P. Leventhal, Esquire Raul R. Rodriqguez, Esquire Stephen D. Baruch, Esquire Leventhal, Senter & Lerman 2000 K Street, N.W. Suite 600 Washington, D.C. 20006—1809 (Counsel for TRW Inc.) Jill Stern, Esquire Norman J. Fry, Esquire Shaw, Pittman, Potts & Trowbridge 2300 N Street, N.W. Second Floor Washington, D.C. 20037 (Counsel for Ellipsat)

Gerald Hellman Vice President, Policy & International Programs Mobile Communications Holdings, Inc. 1120 19th Street, N.W. Washington, D.C. 20036 Gary Epstein, Esquire John P. Janka, Esquire Latham & Watkins 1001 Pennsylvania Ave., N.W. Washington, D.C. 20004 (Counsel for Hughes) Walter H. Sonnenfeldt, Esquire 4904 Ertter Drive Rockville, Md. 20852 (Counsel for Video/Phone) John S. Hannon, Esquire Nancy J. Thompson, Esquire COMSAT Mobile Communications 22300 COMSAT Drive Clarksburg, MD 20871 Cb Delivery by hand.


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