Attachment GE reply.pdf

GE reply.pdf

REPLY submitted by GE American Communications

reply

1997-09-30

This document pretains to SAT-LOA-19960904-00111 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA1996090400111_1159012

RECEIVED SEP 3 0 1997 Before the FEDERALo%mw FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of — No NN N NNN N/ N/ 0C1 1 6 199 Application of MOTOROLA SATELLITE SYSTEMS, INC. File Nos. 157°SAT—P/LA—96 (72) & 29—SAT—AMEND—97 For Authority to Construct, Launch and Operate a Non—Geostationary Orbit Satellite System in the Fixed—Satellite Service REPLY OF GE AMERICAN COMMUNICATIONS, INC. GE American Communications, Inc. (°GE Americom"), by its attorneys and pursuant to Section 25.154 of the Commission‘s rules, 47 C.F.R. § 25.154, hereby submits this reply regarding the above—captioned application of Motorola Satellite Systems, Inc. ("Motorola") for the M—Star non—geostationary satellite system ("M—Star Application"). In its Petition to Deny, GE Americom demonstrated that grant of the M—Star Application could preclude efficient use of the 40 GHz band for fixed satellite services. Motorola asserted in its application that sharing between its proposed system and geostationary FSS operations in the 40 GHz band would be theoretically possible, but only if the number of geostationary and nongeostationary licensees was limited. M—Star Application at 70. GE Americom observed that the filing window for FSS applications in the 40 GHz band remained open, making it premature to make assumptions about how many qualified applicants would

request authority for FSS operations in the band. GE Americom Petition to Deny at 3. Subsequent events have borne out GE Americom‘s concerns that demand for FSS spectrum in the 40 GHz band would be high. GE Americom itself filed for a global geostationary satellite system to operate in the 40 GHz band prior to closing of the filing window. Hughes and TRW had previously filed applications. Recent press reports indicate that additional applications were filgd last week by Hughes for two new systems, as well as by Loral, Orbital Sciences Corp., Lockheed Martin, and Teledesic. In its response to Petitions to Deny, Motorola briefly acknowledged GE Americom‘s concern that resolution of sharing issues would depend heavily on the number of applications filed for the 40 GHz band, and agreed that further discussions will be needed after the filing window closes. Motorola Consolidated Opposition at 20 n.47. However, Motorola made no suggestions rggarding how its sharing proposal could be enhanced to accommodate multiple NGSO and GSO systems. Thus, the Commission is left with no record to support Motorola‘s claim that authorization of the M—Star system would be consistent with efficient use of the 40 GHz band. Specifically, Motorola has not refuted GE Americom‘s demonstration that authorization of geostationary systems in the 40 GHz band will permit greater re—use of spectrum and the licensing of multiple competitors. GE Americom Petition at 3. GE Americom recognizes that Motorola is seeking to

develop appropriate sharing procedures to allow M—Star to co—exist with geostationary systems. We will cooperate fully in the development of such procedures. However, Motorola has not demonstrated that its proposals to date are feasible. Absent a showing that M—Star can successfully share with multiple competing FSS systems, Motorola‘s application for the M—Star system should be denied. Respectfully submitted, GE AMERICAN COMMUNICATIONS, INC. By: Philip V. Otero Peter A. Rohrbach Senior Vice President and Karis A. Hastings General Counsel Hogan & Hartson LL.P. GE American Communications, Inc. 555 Thirteenth Street, N.W. Four Research Way Washington, D.C. 20004 Princeton, NJ 08540 (202) 637—5600 September 30, 1997

CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Reply of GE American Communications, Inc. were served by hand delivery this 30th day of September, 1997 to: Regina Keeney Mr. Harold Ng Chief, International Bureau Engineering Advisor, Satellite and Federal Communications Commission Radiocommunications Division 2000 M Street, N.W., Room 830 International Bureau Washington, D.C. 20554 Federal Communications Commission 2000 M Street, NNW., Room 801 Ruth Milkman Washington, D.C. 20554 Deputy Chief, International Bureau Federal Communications Commission Virginia Marshall 2000 M Street, N.W., Room 821 Attorney Advisor Washington, D.C. 20554 International Bureau — Satellite Federal Communications Commission Thomas S. Tycz 2000 M Street, NW., Room 515 Chief, Satellite and Washington, D.C. 20554 Radiocommunications Division International Bureau Kathleen Campbell Federal Communications Commission Satellite and Radiocommunications 2000 M Street, NW., Room 520 Division Washington, D.C. 20554 Federal Communications Commission 2000 M Street, N.W., Room 593 Fern Jarmulnek Washington, D.C. 20554 Chief, Satellite Policy Branch Satellite and Radiocommunications Division International Bureau Federal Communications Commission 2000 M Street, NW., Room 518 Washington, D.C. 20554

and by first class mail, postage prepaid to: Michael D. Kennedy Philip L. Malet Barry Lambergman Pantelis Michalopoulos Motorola, Inc. Brent H. Weingardt 1350 I Street, NW., Suite 400 1330 Connecticut Avenue, N.W. Washington, D.C. 20005 Washington, D.C. 20036 /K/befu é11o Kthy Bates


Document Created: 2016-11-16 17:47:27
Document Modified: 2016-11-16 17:47:27
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC