Attachment ex parte

ex parte

Ex PARTE PRESENTATION NOTIFICATION LETTER submitted by GlobalStar

ex parte

2004-06-07

This document pretains to SAT-LOA-19970926-00151 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA1997092600151_396247

1001 Pennsylvania Avenue, NW, Washington, DC 20004-2595 p202 624-2500 . f202 628-5116 EX PARTE OR U T E FILED William D. Wallace (202) 624-2807 wwallace@crowell.com May 28,2004 Ms. Marlene H. Dortch Secretary RECEIVED Federal Communications Commission Jbit 445 Twelfth Street, SW 7 2o04 Washington, DC 20554 ~-- RE: IB Docket No. 02-364 IBFS Application File Numbers: SAT-LOA-19970926-00151-154 SAT-LOA-19970926-00156 SAT-AMD-20011103-0154 EX PARTE NOTICE SAT-MOD-20020717-00116-119 SAT-MOD-20020717-00107-110 SAT-MOD-20020722-00112 Call Signs S232O/S2321/S2322/S2323/S2324 Dear Ms. Dortch: On May 27, 2004, Tony Navarra, President of Globalstar LLC, James Lynch of Thermo Capital Partners, L.L.C., Thomas Gutierrez of Lukas Nace Gutierrez & Sachs, Chartered, and the undersigned participated in a meeting with Sheryl Wilkerson, Legal Advisor to Chairman Michael K. Powell. Bethany Smocer, an intern in Chairman Powell’s office also attended. As described on the enclosed outline, we discussed Globalstar’s positions on the issues raised in the Big LEO L-band rulemaking (IB Docket No. 02-364), and we also explained why Globalstar, L.P.’s Emergency Application for Review of the Crowell & Moring LLP a www.crowell.com li Washington = Irvine London E Brussels

Ms. Marlene H. Dortch May 28,2004 Page 2 of 3 International Bureau’s Memorandum Opinion and Order, DA 03-328 (released Jan. 30, 2003), should be granted and Globalstar’s 2 GHz MSS licenses reinstated.1 Globalstar has emerged from financial restructuring and has initiated a variety of new projects to improve and expand service to the public. These products include broadband services to public safety and government organizations. Access to sufficient spectrum to provide these services is critical to Globalstar and its customers in the U.S. In short, Globalstar is using its assigned spectrum to provide innovative new services in the United States and globally, thereby fulfilling the Commission’s expectations for Big LEO MSS. The record in IB Docket 02-364 has demonstrated that Globalstar is using Big LEO CDMA spectrum fully, and that Iridium does not need additional spectrum at this time to meet its capacity requirements. Moreover, because the CDMA lower band segment is more encumbered with interservice sharing constraints than the TDMA segment, it is essential that Globalstar should have access to spectrum above 1616 MHz, particularly for aviation services. As Globalstar has explained in its filings in this docket, given the current use of Big LEO spectrum, the record establishes that there is no reason for the Commission to change the existing Big LEO spectrum assignments or to take spectrum away from Big LEO MSS. Re-allocating spectrum to another service would adversely affect the business of Globalstar and the services available to unserved a n d underserved populations globally and to various public safety and government customers that use MSS for critical infrastructure needs. We also noted that Globalstar believes that TDMA and CDMA systems can develop spectrum-sharing strategies through coordination. To the extent that the Commission is considering imposing new rules on Big LEO MSS systems, Globalstar urged the Commission to give the parties time to react to and comment on the proposals and how they would affect their services and system operations before final rules are adopted. Our presentation also covered Globalstar, L.P.’s arguments in its Emergency Application for Review of the International Bureau’s order canceling the 2 GHz MSS licenses because Globalstar’s satellite construction contract reflected changes 1 The International Bureau granted Globalstar, L.P.’s request to change the ex parte status of the 2 GHz MSS license pleadings to permit-but-disclose on November 19, 2003. Globalstar LLC is the successor to Globalstar, L.P. Crowell & Moring LLP E www.crowell.com I Washington s Irvine E London I Brussels

Ms. Marlene H. Dortch May 28,2004 Page 3 of 3 to certain future milestones for which contemporaneous requests for extensions had been filed. The 2 GHz MSS licenses are important to future developments in MSS, particularly for services that demand greater bandwidth, and there is no other MSS spectrum likely to be available in the immediate future. Our legal arguments are summarized on the enclosed presentation. In its pleadings, Globalstar has explained that the International Bureau did not correctly evaluate Globalstar’s request for extension of certain future milestones, that Globalstar met its first milestone by entering into a non-contingent construction contract, and that the Bureau erred by canceling the license for the domestic geostationary satellite for which no request for milestone extension was filed. Moreover, the Bureau applied a new policy on milestone compliance retroactively to Globalstar, contrary to well-settled principles of administrative due process, and did not consider the impact of Globalstar, L.P.’s bankruptcy on whether the 2 GHz MSS licenses should be canceled. For the reasons outlined by Globalstar in its pleadings, the Bureau’s decision should be vacated and the 2 GHz MSS licenses reinstated. Pursuant Section 1.1206@)(2),this ex parte notice and the enclosure have been filed electronically in IB Docket 02-364. Also, two copies are being provided by hand for the application file numbers listed above. Respectfully submitted, - 0 William D. Wallace Enclosure cc: Sheryl Wilkerson Crowetl & Moring LLP e www.crowe1l.com I Washington I r v i n e = London Brussels

GLOBALSTAR LLC May 2004

Globalstar LLC 9r Successor to Globalstar, L.P., and LIQ Licensee, Inc. Now holds space station, earth station and Section 214 authorizations associated with Globalstar “Big LEO” MSS system Also successor to Globalstar, L.P.’s rights to the 2 GHz MSS licenses cancelled by International Bureau in January 2003 2

Globalstar LLC Emerged from restructuring April 15 Initiating system improvements, new products, expansion of services - Florida gateway, Alaska gateway - Plan for launch of spare satellites - New government, industrial applications - Enhanced data, encryption for DOD services - Acquisition of Central American operations 3

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Big LEO L-Band Sharing (IB Docket No. 02-364) Currently, Globalstar uses CDMA spectrum: - 1610-1621.35 MHz uplink - 2483.5-2500 MHz downlink - 1.23 MHz channels (9 at L-bandl13 at S- band) Iridium uses TDMA spectrum: - 1621.35-1626.5 MHz - For bidirectional links - 41.67 kHz spacing 5

Big LEO L-Band Sharing (IB Docket No. 02-364) Globalstar designed and built system to use asymmetric spectrum assignment Globalstar accommodated other services: - to protect GLONASWGPS in L-band - to protect Radio-Astronomy in L-band - to share with Industrial-Scientific-Medical devices in S-band - to protect terrestrial fixed services in S-band 6

Big LEO L-Band Sharing (IB Docket No. 02-364) CDMA systems were assigned more spectrum in part due to restrictions on use of lower L-band - 1610.6-1613.8 MHz: Radio-Astronomy - Below 1610 MHz: GPSIGLONASS - 1610-1616 MHz: FAA/RTCA regulations require channels above I616 MHz for aviation products 7

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Big LEO L-Band Sharing (IB Docket No. 02-364) Globalstar has demonstrated that it is fully using the assigned CDMA spectrum - Loss of L-band or S-band spectrum in the U.S. will severely curtail Globalstar’s ability to provide service to both private and government users, and to implement ATC Globalstar has demonstrated that Iridium does not need more spectrum at this time - Iridium cannot discriminate spectrum use geographically No other commercial terrestrial service sought to be licensed in this band (sharing with ISM, BAS, FS) - Globalstar is using the spectrum now; a new entrant cwould require years to implement 9

Big LEO L-Band Sharing (IB Docket No. 02-364) The record in this docket does not support any change to the existing band plan or diminution in the amount of spectrum available to the Big LEO service There are voluntary, cooperative methods of addressing temporary, geographically isolated capacity shortages, if needed 10

Emergency Application for Review and Request for Stay 2 GHz MSS (File Nos. SAT-LOA4 9970926- 00151-154/56 etc.)

2 GHz MSS Application for Review (File Nos. SAT-LOA-I 9970926-00151-154/56 etc.) 0 Globalstar, L.P., was licensed for NGSO constellation and 4 GSO satellites 0 Entered into non-contingent contract with Space Systems/Loral by first milestone 0 Requested extension of future milestones for NGSO constellation and 3 GSOs 0 Planned to put spectrum into use on existing milestone schedule with U.S. GSO 12

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2 GHz MSS Application for Review (File Nos. SAT-LOA-I 9970926-00151-154/56 etc.) t ,e IB ignored the construction schedule for the GSO satellite serving U.S. (operational on existing milestone schedule) IB ignored policy permitting filing non-contingent contract reflecting changes with application for Iicense modifications IB ignored precedent granting opportunities to cure contracts (in more extreme factual circumstances) 14

2 GHz MSS Application for Review (File Nos. SAT-LOA-I 9970926-00151-154/56 etc.) IB violated GLP's rights to administrative due process by articulating and applying a new policy retroactiveIy IB refused to give meaningful consideration to facts and circumstances for extension IB refused to consider impact on bankruptcy law on canceling licenses 15

2 GHz MSS Application for Review (File Nos. SAT-LOA-I 9970926-00151-154/56 etc.) I & % %b w9 2 GHz spectrum represents the only opportunity for expansion of Globalstar system and services Only two MSS systems are providing voice and data to handheld terminals No other spectrum pending for allocation to MSS Globalstar has proven MSS works and offers valuable services to government, public safety and private users in remote areas and in areas where there is no wireline/ceIlular infrastructure r 16

2 GHz MSS Application for Review (File Nos. SAT-LOA-I 9970926-00151-154/56 etc.) * L k L FCC should reinstate the U.S. GSO license for which no milestone extension request was filed, so no basis for cancellation FCC should vacate IB decision and reinstate all 2 GHz MSS licenses FCC should provide Globalstar with an opportunity to re-start its contract with SSL on an appropriate milestone schedule give loss of 1.5 years of schedule 17


Document Created: 2004-06-08 15:10:41
Document Modified: 2004-06-08 15:10:41
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