Attachment submission

submission

SUBMISSION FOR THE RECORD submitted by TMI

submission

2005-08-01

This document pretains to SAT-MOD-20021114-00237 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2002111400237_449586

Vinson&Elkins e Received arao©.tusis musstniamsin Teraessoeree recaceoronnce AUG 1 2 2005 August 1, 200 Marlene H. Dortch Secretary Federal Communications Commission 445 Twelfth Street, S.W. Washington, DC 20554 Re: TMI Communications and Company Limited Partnership File Nos. SAT—LOT—19970926—00161; SAT—AMD—20001 103—60158; SAT—MOD—20021114—00237 Dear Ms. Dortch: Transmitted herewith, on behalf of TMI Communications and Company Limited Partnership (TMD, is a copy ofthe modified approval—in—principalissued by Industry Canada on July 26, 2005 for TMI‘s above referenced 2 GHz MSS system. ‘The modified approval authorizes TMI t use 2 x 7 MHz of spectrum (instead of 2 x 4 MHz) with an additional 2 x 3 MHz available subject to certain conditions. c Please direct any questions regarding this filing to the undersigned. Gregory Staple \eenEkinsLLP Atomnation Astn Sugeg oous Te i otes Buigny, esPernpraca Arone osurete0 Pxem Hevron Lrten Heow NewYoh ToWasnegon Hnstigo, oo aooo oo Talaveeonascn re ons eoe

V&E darm.aus rages bee: Robert Power Zie Rivers Jennifer Manner

Industy Canada Industre Canada 208tn S oua ow Kixtcr Jut26 205 Our File: 46215—1 (35381 RBY Mr. Ted H. Iunacy Vice—President, Finance "TMI Communications and Company, LP 1601 Telesat Court P.0. Box 9826 Ottawa, ON xiosve Dear Mr. Ignacy: I refer to your letter ofJune 30, 2005 requesting a modification to the amount of2 GHz spectrum that is currently assigned to TMI Communications and Company, Limited Partnership (TM) under ts spproval—in—principle issued by Industry Canada on May 6, 2002 and as amended on February 21, 2005. More specifically, you have asked the Department to assign additional spectrum to better reflect tspectrum demands and design characteristics of the proposed 2 GHz satelit system and to reflect recent developments in the United States regarding the reallocation ofavailable 2 GHz spectrum‘. In reviewing your request, the Department has taken into account that its May 2002 approval—in—principle was granted on a non—compstitive basis and that the spectrum assignment was made, consistent with the principles t out in the Department‘s policy on the implementation and authorization of2 GHz mobile satellte services (MSS) Canada‘, and taking nto account the award of spectrum to MSS systems by the Federal Communications Commission (FCC). in October 2003,the Department iniited a public consultation on new spectrum for advanced wireless services n the 2 GHz range (DGTP—007—03). One proposal was to change the mobile satelite frequency allocations to the bands ‘ Referenc FCC June29, 2008 Commision invtes comments consering use ofporions of retumed 2 GHte Mobilestelte servie frquencis 1B Docket No. 08 220 and 1B DocketNo. oszm. * As found in secion 5 ofIduty Canada‘s Spectrm Unlinion Poly, Amendment to the Microwave Spectrum Unlirtion Poliies in the 1—3 GHt Frequency Range (SP13 GHte) Canad#

2000—2020 MHz and 2180—2200 MHz (instead of 1990—2025 MHz and 2160—2200 MEHz). The Department has not yettaken a decision on these proposed allocation changes, but all considerations would indicate thatit would be beneficial to harmonize the Canadian allocations and spectrum designation for mobile satllite services within the North American context. Funhermore, the Depertment intends to be in a positon to accommodate the greatestnumber ofmobile satelite networks so as o offer Canadians choice ofservices and suppliers. The Department reserves the flexibilty t make future allocation and spectrum designation changes which willadvance the public interest The Department has concluded that, while changes to the spectrum allocation are stll being considered, your request for modifications should be accepted to support your plans for developing an advanced Canadian mobile satelite capable ofserving the Canadian market and beyond. With two satelite operstors, which include TML, having definitve plans toimplement mobile satelit services in the near term, the Department supports TMI‘s request to change its assignment ofmobile satelite spectrum from 4 MHz in each direction. plus the conditional 4 MHzin each direction. TMI will be authorized to use 7 MHz in each direction with additional 3 MHz in each direction available on a conditional basis. The conditional spectrum would be available to TMI subject to the final plenning ofthe spectrum for the North American market Attached you will find the conditions applicable to the Department‘s approval of TM‘s2 GHz mobile satelite plan. These conditions consolidate the original conditions affixed to the May 2002 approval in principle with the conditions as amended in February 2005 and by this leter Please note thatin accordance with the Department‘s commitment to fair, open and transparent lieensing processes, this ettr will be posted on our Strategis website. Ifyou have any questions about this letter, please contact Richard Hicbert at(613) 998—4333. Yours sincerely, C. TDok Ask: Jan Skom Director General Radiocomunications and Broadasting Regulatory Branch Artachment1

ATA 22 TMI Communications and Company, Limited Partnership (TMI) Conditions to Obtzin Authority to Operate a 2 GHz Space Station to Provide Mobile Satellite Services in Canada 1. Eligibility TMI shall conform on an ongoing basis with Canadian eligibiity requirements as se out for a radiocommunication canier in section 10(Z)othe Radiocommunicarion Regulations. A Licence Transferability This approval and any consequent licences issued to TMI may not be transferred or assigned without full eview ofthe application by the Department and authorization ofthe Minister. For clarification, and without limiting the generality ofthe foregoing. "transfer"includes any leasing. sub—leasing or other disposition ofth rights and obligations of the liences, and also includes any change which would have a materil effect on the ownership or control in fact of TML: a. Laws, Regulations, and Other Obligations TMZis subject t and must comply with the ITU Radio Regulations, the Canadian Radiocommunication Act, Radiocommunication Regulations, and spectrum and radio policies pertaining to its authorized radio frequency bands and satellite orbital position. 4. Coverage of Canada TM! shall make fair and reasonable effors o provide MSS service to all regions ofCanada within the coverage contour as described in ts application. s. Benefits to Public Insttutions "TML shall direct a minimum oftwo percent ofte gross adjusted revenes from the lifetime operation ofthis satellite, including any revenue derived from the advanced sale or lease of satelite capacity, at providing service to public insittions. TMI and Industry Canada shall work jointlyto develop the terms and conitions for access to this service by public institutions. Gross adjusted revenue is defined as total revene lessintercarier payments, bad debts, thid party commissions, and goods and services taxes collected. Page 1 of 5

6. Implementation Mitestones TM] shall meet the following implementation milestones by the respective dates set out in the following table: Table of Implementation Milestones Milestone Date 1| Submission ofdesign specifications to Department for June 15, 2002 approval 2. Signature ofcontract for the construction ofthe first of July 15, 2002 two satellites 3 Placement ofthe satelite into is assigned orbita November 30, 2007 position 64 Submission of Final Design Specifications Priorto entering into a contract forthe procurement of ts satelite, TME must demonstrate t the Department that the stellite design 1) will meet the coverage and capacity set out in its application of May 17, 2001, 2) will comply with all technical and operational requirements as set out in Articles 21 and 22 ofthe ITU Radio Regulations, 3) willindicate what sub—bands will \be used for the feederlinks tobe located in Canade, and thatthe use offder link spectrum will be implemented in accordance with the provisions and procedures ofAppendix 30B ofthe U Radio Regulations. To this end, TMI shall submit, by the Milestone 1 date above, tdesign specifiations for the new satelite to the Depertment for approval. 62— Signatureof Contract Within 15 days offinalsignature ofthe Milestone 2 contract, TMI must provide evidence satisfactory to the Department that TMI is bound to a contractual agreement with a satelite manufacturer for the construction ofthe proposed satelte. 7 Capacity to Mect the Needs ofUsers and Service Providers in Canada TM! shall operate the satelite as a Canadion radiocommunication carier and shall offer diecily or through re—sellers the sateliteservices or capacity on a non—discriminatory basis in Canada. Page2 of 5

8. Assigned Spectrum for Service to Subscriber Stations TM! willbe authorized 10 MHz in each ofthe two bands (2000—2020 MHz and 2180—2200 MHz)for service to subscriber stations. This 10 MHwill consist of 7 MHz in each direction, with an additional 3 MHz in each direction availsble on the condition that it does not constrain the entry ofaanother MSS operator into the Canadien market. The Department will retain full fexibilityto adjust TM‘s assignment of2 GHz service band spectrum in order to harmonize the assignment with other MSS assignments and with allocations for other services (ex., trrestrial mobile services) in the North American market TM!‘s specific MSS assignment in these bands will be determined in consulttion with the Department. After the assignment has beon determined, TMI may request that the Department initiate notifeation for the potential displacement of fixed systems in Canada in accordance with condition 9 below o. Displacement of Fixed Stations Should displacement offixed stations operating in the assigned service band spectrum be required to accommodate the offering of mobile satellite serviees, TMT and Industry Canada shall work jointly o effect such displacement in accordance with the Department‘s spectrum transition policy to faciltate the introduction of MSS in the bands 1990—2025 MHz and 2165—2200 MHz." 10. Use of Feeder Link Spectrum Feeder ink earth stations shall be coordinated with terestralfixed services and be implemented in accordance with the Canadian Table ofFrequency Allocations and any relevant spectrum utilization policis. "TM! shall endeavour to minimize the amount of feeder link spectrum needed to implement its satelite, and shall coordinat its use offeeder ink spectrum with Mobile Satellite Ventures (Caneda) Inc which operates a satllite using the samefeeder link spectrum at 106.5°W. Use of the feeder link spectrum shall e implemented in accordance with the provisions of Appendix $30B ofthe ITU Redio Regulations for the 107.3°W orbital position: 11. Use of Telemetry, Telecommand and Control Spectrum TM! shall coordinate the use of spectrum fortelemetry, telecommand and control operations with Telesat Canada which operates a satelite using the same fixed satlliteservice spectrum at 107.3°w. ‘ Not that decision has not t been aken on harmonizing the mobilesatelitspectrum with e U:S. per document pate—a0.0s * Thispoliciset ouin seion .0 ofIndusty Canada‘s Spectram Uiilaton Poly (SP 1—4 GHsAmendment o MerowaveSpectrum UiliationPoiie inthe —3 GHzFrequercy Renge Page3 of 5

12. International Coordination of Satellite The satellite must be coordinated intemationally prior to commencement ofoperation, and be notified to the TU. To this end, TMI must participate at ts own expense in the coordination of the satelite network with the satelit and terestril networks ofother countries; provide the Department in form acceptable to the ITU with all stellite coordination, notification, due diligence and all other information required by the ITU to implement this stellite;and ensure that the satelite conforms with any arrangements and agreements undertaken by Canada with respect to the coordination oft satelite. 13. Lawful Interception TMZ shall provide and maintain lawful interception capabiltes as suthorized by law. The requirements for lawul interception capabilites are provided in the Solicitor General publication entitled Enforcement Standardsfor Lavfil Inerception ofTelecommunications. These standards may be periodically amended following consaltstion with the Solicitor General ofCanada and the Hicensees. You may request the Miniser to forbear from enforcing certain assistance capabilty requirements for a limited period. The Minister, following consultation with the Solicitor General ofCanada, may exercise his power to forbear from enforcing a requirement orrequirements where in the opinion ofthe Minister,the requirement(sis (ere) not reasonably achievable. Forbesrance requests must include specific details and dates when compliance to requirement(s)can be expected. 14. Requirement to Hold Licences Prior to commensement ofoperation ofthe satellite and the provision ofmobile satellite service in Canada, TMI shall obtain all necessary radio authorizations from the Department. To this end, TMIshall submit the administrative icensing information, set out in Annex B of Client Procedures Circular 2—6—02 (CPC:2—6—02), Licensing ofSpace Stations in Services other than the Amateur Satellite Service and the Broadcasting Satellie Service in Planned Rands, t Teast 90 days in advance ofthe anticipated launch date ofthe satelite. Additionally,all oeder link and telemetry, telecommand and control earth stations communicating with the satelite must be licensed prior to operation pursuant to Client Procedures Circular2—6—01 (CPC:2—6—01), Procedurefor the Submission ofApplications to License Fixed Earth Stations and to Approve the Use ofForeign Fixed—Satelite Service (PSS) Satelites in Canada. 1s. Reporting TMI must submit a detailed annual reportto Industry Canada. This annual report must include: — an update indicating progress made in all areas respecting thislicence; — an update indicating continued compliance with all licence conditions; — an update on any coordination negotiations undertaken pursuent to conditions 10, 11 Page 4 of 5

and 12; — an update on activites related to the provision ofcapacityto public insttutions in accordance with condition 5; — copies ofany existing annual report for TMI‘sfiscal year with respect to this authorization and — a current listing ofall satelite capacity being made available through this approval and consequent authorizations, the capacity ssigned to Canadian service providers and others, including the parties to which i is assigned, and any unused capocity including the terms of ts availability. These annual reportsareto be augmented with sem—annual interim reports providing an update on all aspects of the design, procurement, construction, coordination and launch ofthe satelite untilthe satelite has been put ito service._The first interim report is due June 30, 2002, and the first annual reportis due April 30, 2003. These reports are to be submitted, in writing, to the Director,Space and Intemational Regultory Activities, Radiocommunication and Broadcasting Regulatory Branch. 16. Traffic Reports TMI must submit atrafic report forthe atelite at the commencement ofoperations and every three months thereatter,indicating the channel eapaciy ofeach assigned feeder link transmit and receive frequency in terms oft number ofteephone channels carried on each frequency, or telephone channel equivalencies as determined by application of section 58 of he Radiocommunication Regulations including all supporting information used to make this determination.. These reports are o be submitted, in witing, to the Manager, Authorization Policy, Space and Intemational Regulatory Activites, Radiocommunication and Broadcasting Regulatory Branch. i7 Payment of Licence Fees TMZ must pay the applicable annual radio authorization fees within 15 days of acceptance in orbit of the satelite from the manufacturer, and on or before March 31 of each year thereatter." ? Such fees ae exiablshedasapproprite by applicaton ofhe Rediocommunication Repaleion and the initer of Hnduny‘afr ordr. NatceNo. DGRB—009—39 — RadioAuthoricaion FeesforMobil Stelze Srvces UsingRadio Spectrum dbove 1 Giiz. Page S of 5


Document Created: 2005-08-12 14:42:17
Document Modified: 2005-08-12 14:42:17
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