Attachment opposition

opposition

OPPOSITION submitted by Globalstar, Inc.

opposition

2006-12-19

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

IBFS_SATMOD2002111400237_540435

                                                                                                                     WILMERHALE
                                                                          FILED/ACCEPTED
                                                                                 DEC 1 9 2006                                 William T. Lake
                                                                         Federal Communications Commission                    +1 202 se3 6725 (t)
                                                                                 Office of the Secretary                      +1 202 se3 6363 (h)
                                                                                                                     william.lake@wilmerhale.com



                                                            December 19, 2006


Ms. Marlene H. Dortch
Secretary
Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554

            Re:        TMI Communications and Company, Limited Partnership —— Request for Selected
                       Assignment of 2 GHz Mobile Satellite Service Operating Frequencies, FCC File
                       Nos. SAT—MOD—20021114—00237 and SAT—MOD—20061206—00144

Dear Ms. Dortch:

       Globalstar, Inc. ("Globalstar") submits this opposition for the record in the above—
captioned proceeding in which TMI Communications and Company, Limited Partnership
requests, on behalf of itself and TerreStar Networks, Inc. (collectively "TMU/TerreStar"), that the
Commission approve specific operating frequencies for the proposed TMI/TerreStar 2 GHz
Mobile Satellite Service ("MSS") system.‘

       As the Commission and TMUTerreStar are aware, Globalstar was one of the original 2
GHz MSS licensees and continues vigorously to challenge the Commission‘s cancellation of its
2 GHz authorization as unlawful and inconsistent with Commission precedent.=" In addition,
Globalstar and others have challenged as severely flawed on factual, policy, and legal grounds
the Commission‘s decision to reserve all of the 2 GHz MSS spectrum to TM/TerreStar and ICO


¥     See TMI Communications and Company, Limited Partnership —— Request for Selected
Assignment of 2 GHz Mobile Satellite Service Operating Frequencies, FCC File Nos. SAT—
MOD—20021114—00237 and SAT—MOD—20061206—00144 (filed December 6, 2006) ("Frequency
Assignment Request"). Globalstar is simultancously filing a notice of its intent to participate in
this proceeding. See Globalstar, Inc., Notice of Intent To Participate, FCC File Nos. SAT—MOD—
20021114—00237 and SAT—MOD—20061206—00144(filed Dec. 19, 2006).

2           See Globalstar, Petition for Reconsideration, File Nos. SAT—LOA—19970926—
00 151/52/53/54/56, et al. (filed July 26, 2004); Supplement to Petition for Reconsideration, File
Nos. SAT—LOA—19970926—00151/52/53/54/56, et al. (filed Aug. 26, 2005).




            Wilmer Cutler Pickering Hale and Dorr uir, 1875 Pennsylvania Avenue NW, Washington, DC 20006
Baltimore   Beijing   Berlin   Boston   Brussels   London    Munich   New York   Northern Virginia    Oxford   Palo Alto   Waltham   Washington



US1DOCS 5988423v1


                                                                                   WILMERHALE
December 19, 2006
Page 2


Satellite Services ("ICO").4 All of these proceedings remain pending today. As a result, there is
simply no truth to TMI/TerreStar‘s assertion in its Frec;uency Assignment Request that "[t)oday,
the band plan for the 2 GHz MSS has been finalized."" Any action by the Commission to
designate specific frequencies within the 2 GHz MSS spectrum for TMUTerreStar and ICO alone
would be premature before these proceedings are resolved.

        Globalstar reiterates that, if given the opportunity, it stands ready, willing, and financially
able to construct and launch a robust and viable 2 GHz MSS system pursuant to milestones
consistent with those that the Commission has adopted for TM/TerreStar.®" Globalstar currently
serves over 250,000 subscribers in 120 countries. A significant number of Globalstar‘s
customers are first responders and other public safety officials who have come to rely on
Globalstar‘s services on a day—to—day basis and during times of emergency when terrestrial
wireline and wireless networks fail. These subscribers, who are rapidly growing in number,
offer perhaps the most compelling justification for the Commission to reconsider its cancellation
of Globalstar‘s 2 GHz license and reservation of all of the 2 GHz spectrum for two foreign—
licensed entities with little or no MSS business experience. Globalstar is an existing provider
with a proven track record of providing effective MSS services that meet the needs of the public
safety community at the federal, state, and local level.

         On December 4, 2006, Globalstar announced the signing of a contract with Alcatel
Alenia Space for the design, manufacture, and delivery of Globalstar‘s second—generation
constellation, to be composed of 48 low earth orbit satellites." This second generation LEO
constellation will ensure that Globalstar‘s services will reach all but the polar regions of the
earth‘s surface and will enable Globalstar to offer superior call quality and service features to its


¥        See Petition of Globalstar for Reconsideration filed in IB Docket Nos. 05—220 and 05—221
(Jan. 9, 2006); Consolidated Petition for Reconsideration of Inmarsat Ventures Limited and
Inmarsat Global Limited filed in IB Docket Nos. 05—220 and 05—221 (Jan. 9, 2006). The
Commission expressly conditioned that decision on the outcome of Globalstar‘s petition for
reconsideration of the cancellation ofits 2 GHz license. See Order, Use ofReturned Spectrum in
the 2 GHz Mobile Satellite Service Frequency Bands, 20 FCC Red 19696 (2005) at 4 63.

4        See TMTerreStar Frequency Assignment Request at Exhibit 2, page 3.

4        See Globalstar LLC Ex Parte Notice in TB Docket Nos. 05—220 & 05—221 (filed Sept. 19,
2005).
&      See Globalstar Press Release, "Globalstar, Inc. Signs Contract with Alcatel Alenia Space
for Second—Generation LEO Satellite Constellation" (Dec. 4, 2006).




USIDOCS 5988423v1


                                                                                 WILMERHALE
December 19, 2006
Page 3


public safety and other customers. Once launched, these satellites will integrate with and
eventually replace Globalstar‘s existing satellite constellation, ensuring that Globalstar‘s services
will continue to be available at least through 2025. With a 2 GHz authorization, Globalstar
would provide services complementary to its basic voice and data services, as described in its
previous pleadings before the Commission."

        In short, Globalstar has made a compelling showing in support of the reinstatement of its
2 GHz MSS authorization. Its petition for reconsideration of the withdrawal of that authorization
has been pending for two and a half years. To proceed now to assign specific frequencies of the
contested spectrum to TM/TerreStar and ICO, before resolving whether Globalstar is lawfully
entitled to part of the spectrum, would be highly prejudicial and improper. It is vital that the
Commission decline to make specific frequency assignments to TM/TerreStar and ICO until it
has reconsidered its decision to deny Globalstar access to any part of the 2 GHz MSS spectrum.


                                                       Sincerely yours,


                                                           VV\[ A               2R

                                                       William T. Lake
                                                       Counsel to Globalstar, Inc.




ce:      Gregory C. Staple
         Sam Feder
         Roderick Porter
         Cassandra Thomas
         Fern Jarmulnek
         Gardner Foster
         Howard Griboff
         Steve Spacth
         Karl Kensinger




&        See, e.g., Petition of Globalstar for Reconsideration, supra note 3.




UsIDOCS 5988423v)


                                              Before the
                              Federal Communications Commission
                                  WASHINGTON, D.C. 20554                              FILED/ACCEPTED
                                                                                            DEC 19 2006
                                                                                    Federa! Communications Commissi
                                                                                                                    on
In the Matter of                                                                           Office of the Secretary




                                                  w n N N Ni se
TMI Communications and Company, Limited                           FCC File Nos.
Partnership—— Request for Selected                                SAT—MOD—20021114—00237
Assignment of 2 GHz Mobile Satellite                              SAT—MOD—20061206—00144
Service Operating Frequencies




                            NOTICE OF INTENT TO PARTICIPATE

         Globalstar, Inc. hereby provides notice of its intent to participate in the above—captioned

proceeding, thereby becoming a party as provided in Section 1.1202(d)(1) of the Commission‘s

rules, 47 C.F.R. § 1.1202(d)(1).


                                                                  Respectfully submitted,


                                                                             ~1
                                                                                [
    William F. Adler                                              William T. Lake
    Vice President — Legal and                                    Josh L. Roland
    Regulatory Affairs                                            Nathan Mitchler
    Globalstar, Inc.                                              Wilmer Cutler Pickering Hale
    461 S. Milpitas Blyd.                                          and Dorr LLP
    Milpitas, CA 95035                                            1875 Pennsylvania Ave., NW
    (408) 933—4401                                                Washington, D.C. 20006
                                                                  (202) 663—6000
                                                                  Counsel to Globalstar, Inc.




USIDOCS $979501v1


                                 CERTIEICATE OF SERVICE

       I, Josh L. Roland, hereby certify that on this ljth day of December, 2006, I caused to be
served a true copy of the foregoing "Notice of Intent To Participate" filed on behalf of
Globalstar, Inc. upon the following persons via hand delivery (indicated with an asterisk (***"))
or first—class, United States mail, postage prepaid:

Gregory C. Staple*                                     Gardner Foster
Vinson & Elkins                                        International Bureau
1455 Pennsylvania Avenue, N.W.                         Federal Communications Commission
Washington, D.C. 20004                                 445 12th Street, S.W.
                                                       Washington, DC 20554

Sam Feder                                              Howard Griboff
General Counsel                                        International Bureau
Federal Communications Commission                      Federal Communications Commission
445 12th Street, S.W.                                  445 12th Street, S.W.
Washington, DC 20554                                   Washington, DC 20554

Roderick Porter                                        Steve Spacth
International Bureau                                   International Bureau
Federal Communications Commission                      Federal Communications Commission
445 12th Street, S.W.                                  445 12th Street, S.W.
Washington, DC 20554                                   Washington, DC 20554

Cassandra Thomas                                       Karl Kensinger
International Bureau                                   International Bureau
Federal Communications Commission                      Federal Communications Commission
445 12th Street, S.W.                                  445 12th Street, S.W.
Washington, DC 20554                                   Washington, DC 20554

Femm Jarmulnek
International Bureau
Federal Communications Commission
445 12th Street, S.W.
Washington, DC 20554




UStDOCS $979501vi



Document Created: 2006-12-20 11:38:12
Document Modified: 2006-12-20 11:38:12

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