Attachment motion

motion

MOTION submitted by Globalstar

motion

2005-08-26

This document pretains to SAT-LOA-19970926-00154 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA1997092600154_452892

en RECEIVED FEDERAL COMMUNICATIONS COMMISSION wtas Washington, DC 20554 2005 FadealConmuniatens Comnisin In the Matter of OferolSecminy File Nos: GLOBALSTAR LLC th/a GLOBALSTAR, LP. 183/184/185/186—SAT—PLA—97 182—5AT—P/ILA—97(64) For Modification of License for a Mobile TBFS File Nos. Satellte Service System in the 2 GHz Band SAT—LOA—19970926—00151—15¢ SAT—LOA—19970926—00156 For Waiver and Modification of SAT—AMD—20001103—00154 Implementation Milestones for SAT—MOD—20020717—00116—119 2 GHz MSS System SAT—MOD—20020722—00107—110 SAT—MOD—ZDOZOHZRHMVed Call Signs $2320021/2223/24 To: The Commission AUG 3 0 2005 Inc r brue Bureau MOTION FOR LEA VE TO SUPPLEMENT PENDING PETITION FOR RECONSIDERATION Purstant to 47 C.ER. § 1.106(D, Globalstar LLC ("Globalstar") hereby fles this request for leave to file the accompanying supplement to its pending petition for reconsideration in the above—captioned proceeding."" As set forth below and in the accompanying supplement, Globalstar believes that the Commission‘s consideration of the information set forth in the supplement — which details significant changed circumstances that have occurred in the months during which the petition for reconsideration has been pending — is vital if the Commission is to have before it a complete and accurate record." » lobal, Ptiton for Reconsideration, ile Nos. SAT—LOA—19970926—0015V/S2!53!94!96, t al. (hled July 26,2000 # To thextent tht Globalstar‘spertion foreconsideation might e viewed asakin toa pending lcense appliation Globalsa submit the information containe in the supplement in orderto ensire thcontiuing accuricy and completeress of that application, as requred by section 1.65 of he Commisson‘s iles, 47 CR. § 1es

On July 26, 2004, Globalstar filed a petiion for reconsideration ofthe Commission‘s decision not to reverse the International Bureau‘s cancellation of Globalstar‘s 2 GHz mobile satellte service ("MSS") authorizationIn the thirteen months that have passed since that petition was filed, significant changes have occurred with respect to Globalstar‘s ownership, the increased availability of financing for the MSS industry, and acceptable design of new MSS systems. First,on April 15, 2004 the Globalstar system fully emerged from bankruptey proceedings as Thermo Capitol Partners, L C.C. (‘Thermo"), through its affilites, completed the aequisition ofthe operations and assets of Globalstar, L.P. for an investment of $43 million. Thermo‘s investment has allowed Globalstar to "re—launch" ts services with an invigorated marketing and sales effort and to expand its existing MSS system:®‘ As a consequence, Globalstar now enjoys positive cash flow and can intemally finance expansion of its business. Second, as illustrated by the recent announcement of ICO Global Communications (Holdings) Limited,the financial markets have made clear theirincreased confidence in — and willingness to fund — the future of MSS services in the 2 GHz band." Globalstar now fully expects to secure the capital necessary to design and deploy its proposed 2 GHz system. Finally, experience in the MSS marketplace since Globalstar filed its petition for reconsideration makes clear that market conditions do not support new non—geostationary orbit ("NGSO®) MSS constellations. New NGSO systems are too expensive in light of the revenue # Memorandam Opinion and Order, Application of Globaltar 1.P, Por ModicationofLicense for a MobilSarliteServie Systin th2 GHis Band, 18 FCC Red 1249 (2003) # Since Apri2004 Globalstar has acquired gateway and other assets ofan unaffilated Globalstar service provide in Venenuel, has constructeda gteway in Forida and started constraction of another in Alaska, has enteredimo a new S140 milion use terminl development and production contact with QUALCOMM, and has begun negotiations with lnunch services provides o Inch ts eighspare satelftes. £ See ICO Nort America Closes Sale of3650 Milion of Convetible Senior Sccured Notes, PressRelease, Aug.15,2005, vailable t hupolwnco.comfpr2 tm

these systems are capable of generating, and geostationary orbit (°GSO") MSS systems present a more efficient and effective means of delivering services in the 2 GHz MSS band®‘ Moreover, since the mid—1990s, technological developments in both the space and ground segments make it possible for geostationary satellites to meet the needs of MSS subscribers. Accordingly, Globalstar has changed its system design from the original hybrid NGSO/GSO system to a GSO system. Granting Globalstar‘s motion for leave to file a supplement to the pending petition for reconsideration will not cause harm to any party. Granting the motion will fumish the Commission with a more complete and accurate record on which to base its action on Globalstar‘s pending petition for reconsideration. #=— The Commissionrecently granted theappliction of 1CO Satelte Services G.P.to modlify ts reservation of spectrum for a NGSO system to a peostitionary system. See Memorandim Opinion and Order ICO Sarellte Servics G.P. Applicationfor Modiffcationof2 iz LO! Authorization, Fle No. SAT—MOD—20050110.00004, DA 05—1504 (rel. May24,2005). Skytiridge L LC. which in July 2005 received an uthorizaion to consrueta NGSO system,surendered ts lcense only one month lter. See Publc Notice, Report No. SAT—00314, DA No. 05—2327, Aug. 19, 2005. Seealso The Boeing Compary, Order and Authorization DA 03—2073 (rl. Je 24, 2003), wherein the Commission granted Bocing‘s appleation to modify ts proposed 2 GHtz system from a 16satelite NGSO configuration o a single GSO satelit. Bocing subsequenty surrendered ts icense.

Conclusion ‘The Commision should grant Globalstar leave to file the accompanying supplement. Respectfully submitted, Richard S. Roberts William T. Lake William F. Adler Wilmer Cutler Pickering Hale Globalstar LLC and Dorr LLP 461 Milpitas Blvd. 2445 M Street, N.W. Milpitas, California 95035 Washington, D.C. 20037 (408) 933—4401 (202) 6e3—6000 August 26, 2005

CERTIFICATE OF SERVICE 1, Nathan T. Mitchler, hereby cerify that I have on this 26th day of August, 200 eaused to be served true and correct copies ofthe foregoing "Motion for Leave to Supplement Pending Petition for Reconsideration"upon the following persons via hand delivery (marked with an asterisk (*)) or via United States mail, first—class postage prepaid: Marlene Dortch * Kathryn A. Zechem Secretary L. Andrew Tollin Federal Communications Commission Wilkinson Barker Knauer, LLP 445 12th Street, SW 2300 N Street, NW, Suite 700 Washington, DC 20554 Washington, DC 20037 (202) resar1 Douglas I. Brandon J. R. Carbonell AT&T Wireless Services, Inc. Carol L. Tacker 1150 Connecticut Avenue, NW David G. Richards Washington, DC 20036 Cingular Wireless LLC (202) 223—0222 5565 Glenridge Connector Suite 1700 Atlante, GA 30342 (404) 236—5543


Document Created: 2005-08-30 15:56:43
Document Modified: 2005-08-30 15:56:43
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