Attachment clarification

clarification

Ex PARTE PRESENTATION NOTIFICATION LETTER submitted by Mobile Satellite Ventures

clarification

2004-05-11

This document pretains to SAT-LOA-20040210-00015 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2004021000015_372775

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Mobile Sat ell ite Ventures




        Via Hand Delivery
        Ms. Marlene H. Dortch
        Secretary                                             MAY 1 1 2004
        Federal Communications Commission
        445 12th Street, S.W.                                     ?ow-
        Washington, D.C. 20554                              internationelfhreau

                Re:     Written Ex Parte Submission
                        File No. SAT-AMD-20040209-00014 - Mobile Satellite Ventures Subsidiary
                        LLC - “First-in-Line” Application for Planned Ku-band Frequencies at
                        101”W;
                                                              -
                        File No. SAT-LOA-20040210-00015 EchoStar Satellite LLC - “Second-in-
                        Line” Application for Planned Ku-band Frequencies at 101”W

        Dear Ms. Dortch:

                Mobile Satellite Ventures Subsidiary LLC (“MSV”) hereby requests that the International
        Bureau (“Bureau”) clarify that its decision to place on Public Notice the application of EchoStar
        Satellite LLC (“Echostar”) for Planned Ku-band frequencies at 101“W does not prejudice
        MSV’s rights as a prior filed, first-in-line applicant for the same frequencies at the same orbital
        location. Because the two applications are mutually exclusive, MSV is submitting this request
        on the record as an exparte filing.

                On February 9,2004, MSV filed an amendment to its pending application for a
        replacement geostationary (“GSO”) Mobile Satellite Service (“MSS”) satellite at 101“W to
        request an additional 50 MHz of Planned Ku-band feeder link frequencies in each direction that
        it had not previously requested.’ MSV’s application, as amended, now requests all 500 MHz of

         1
          Mobile Satellite Ventures Subsidiary LLC, Amendment, File No. SAT-AMD-20090209-000 14
        (filed February 9,2004). MSV filed its original application for a replacement satellite in July
        1998. See AMSC Subsidiary Corporation, Application, File No. SAT-LOA- 19980702-00066
        (July 2, 1998). To accommodate the greater capacity of its higher-power, replacement satellite,
        the application, as amended in December 2000, requested authority to use an additional 250
        MHz of Planned Ku-band spectrum in each direction for feeder links beyond the 200 MHz in
        each direction for which MSV is already licensed. See Motient Services Inc., Application, SAT-
        AMD-2000 1214-00171 (December 14,2000). Specifically, as amended in December 2000,
        MSV’s replacement application requested the following 450 MHz of Planned Ku-band feeder
        link spectrum in both directions at 101”W: 10.75-10.95 & 11.2-11.45 GHz (downlink) and
         12.75-13.15 & 13.20-13.25 GHz (uplink). The Bureau placed MSV’s amended application on
        Public Notice in March 2001. See Public Notice, Report No. SAT-00066 (March 19,2001). No
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  Mobile Satellite Ventures LP


Ms. Marlene H. Dortch
April 14,2004
Page 2

Planned Ku-band frequencies: 10.70-10.95 & 11.2-11.45 GHz (downlink) and 12.75-13.25 GHz
(uplink).2

           On February 10,2004, one day after MSV filed its amendment, EchoStar filed the above-
captioned application for the following 300 MHz of Planned Ku-band frequencies at 101OW:
10.70-10.75 GHz and 11.2-11.45 GHz (downlink) and 12.75-13.0 GHz & 13.15-13.2 GHz
( ~ p l i n k ) .Thus,
                 ~     Echostar’s application is mutually exclusive with MSV’s prior filed application
as amended.4

       On March 26,2004, the Bureau placed Echostar’s application on Public Notice. See
Report No. SAT-00203 (March 26,2004). Comments on Echostar’s application are due on
April 26,2004. MSV’s first-in-line application as amended on February gth,however, has not
yet been placed on Public Notice.

       The Commission has explained that under first-come, first-served processing, it will
consider applications for each GSO orbital location one at a time in the order they are filed.5 The
Commission may consider subsequently filed applications, but “only if they are not mutually

party filed a competing application or objected to MSV’s request to operate its replacement
satellite using additional Planned Ku-band spectrum for feeder links.
 Feeder links for GSO MSS satellites are considered “GSO-like” and are therefore considered
on a first-come, first-served basis. 47 C.F.R. 0 25.158(a).
  EchoStar Satellite LLC, Application, File No. SAT-LOA-20040210-00015 (filed February 10,
2004). EchoStar filed a similar application on August 27,2003 which it later amended on
November 26,2003. See Echostar, Application, File No. SAT-LOA-20030827-00179 (filed
August 27,2003); EchoStar, Amendment, File No. SAT-AMD-20031126-00343 (November 26,
2003). On February 9,2004, the Bureau dismissed this application as amended because it was
incomplete and otherwise not in compliance with the Commission’s rules. See Letter from
Thomas S. Tycz, FCC, to David K. Moskowitz, Echostar, File Nos. SAT-LOA-20030827-
00179, SAT-AMD-2003 1126-00343 (February 9,2004). EchoStar has filed a Petition for
Reconsideration of this decision asking the Bureau to reinstate its application nuncpro tunc. See
EchoStar Satellite LLC, Petition for Reconsideration, File Nos. SAT-LOA-20030827-00 179,
SAT-AMD-2003 1126-00343 (March 10,2004). In its Reply to MSV’s Opposition to its Petition
for Reconsideration, EchoStar accepts that if its application is reinstated nuncpro tunc, it will
not assume first-in-line status for the 250 MHz of Planned Ku-band frequencies in each direction
for which MSV originally filed in December 2000 (1 1.2-11.45 GHz band (downlink) and 12.75-
13.00 GHz band (uplink)). See Echostar, Reply, File Nos. SAT-LOA-20030827-00179, SAT-
AMD-2003 1126-00343 (April 5,2004), at 9.
  MSV and EchoStar have begun discussions concerning the potential for sharing of these
fiequencies, but those discussions are incomplete.
 Amendment of the Commission s Space Station Licensing Rules and Policies, First Report and
Order and Further Notice of Proposed Rulemaking, IB Docket No. 02-34, FCC 03-102 (rel. May
19,2003), at 77 108-110 (“SSLR Order”).


Ms. Marlene H. Dortch
April 14,2004
Page 3

exclusive with a previously-filed application.” SSLR Order 7 110. In this case, EchoStar’s
February lothapplication is mutually exclusive with MSV’s February gthapplication, yet the
Bureau has placed Echostar’s second-in-line application on Public Notice prior to MSV’s first-
in-line application.

        MSV asks the Bureau to clarify that its decision to place Echostar’s second-in-line
application on Public Notice does not in any way prejudice MSV’s rights as a prior filed, first-in-
line applicant for the same frequencies at the same orbital location.

                                             Respectfully submitted,




                                             Lon C. Levin
                                             Vice President
                                             MOBILE SATELLITE VENTURES
                                             SUBSIDIARY LLC
                                             10802 Park Ridge Boulevard
                                             Reston, Virginia 20 191
                                             (703) 390-2700

Bruce D. Jacobs
David S. Konczal
SHAW PITTMAN LLP
2300 N Street, NW
Washington, DC 20037-1 128
(202) 663-8000

Counsel for Mobile Satellite Ventures Subsidiary LLC

cc:      Jennifer Gilsenan
         Fern Jarmulnek
         Andrea Kelly
         Roderick Porter
         Cassandra Thomas
         Tom Tycz
         David K. Moskowitz, EchoStar
         Pantelis Michalopoulos, Counsel for EchoStar
Document #: 1393444 v.1



Document Created: 2004-05-11 17:05:34
Document Modified: 2004-05-11 17:05:34

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