Attachment letter

This document pretains to SAT-MOD-20031118-00333 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2003111800333_416909

RECEIVED Junuary 31, 2005 Ms. Marlene Dortch gartuny JAN 3 1 2005 Federal Communications Commission 445 TwelBh Steet NW * K. Washingion, DC 20554 Subject ATC Ruling IB Docke01—185 Application of Mobil Satelite Ventures Subsidiary LLC ike No Sat—Mon—20081118—00833 Hile No sa—AniD—20031118—00382 Fike No ss—Mop—z00s1118—01879 This leteris submited by MSV Canad Inc. CMSV Canada®) in connection withthe sbove— referenced proceedings. MSV Canada is the owner and operator ofthe MSAT—1 satelft located at 106.5 West Longitude. MSV Canada operatesthis satllte pursuant t a space sation authorizationissued by Industry Canada, theregulitory authoriy in Canada responsibl forissuing spectrum lcenses and developing Canada‘s radio spectrum poliies. "The contrlling sharcholder ofMSV Canadais TMI Communications and Company, Limited Parinrship ("TMI®), a Canadian imited Habily partnership thais wholly owned by BCB Ic. a Canadian corporiion. In addition to ts ownershp interet in MSV Canado, TMLisalso a major levincr M MBS LS, the pmont commes seApplicant ie shoneaniojarned procedng. Mobile Satelite Ventures Subsidiay LLC (CMSV®) As the Commission is aware, MSV Canade, lik ts counterpar in the Unted Stites, has applied to Industry Canadaforthe authorty toIsunch and operatea next generation mobile satellte system (CMSV—2") in the 107.3 WL orbtal postion which, in addition to providing a varety of MSS—hased services will als besupported by fll itegrated Ancillary Terrestrial Component (CATC®). Since the next generation soteites of MSV and MSV Canada willbe used to provide MSS services on both sides ofthe Canada/S border, MSV Canada has direct interest in the outeome ofthe above—referenced proceedings MSV Canada i n receiptofaleter,dated 20 December 2004, which was submited to the Commission by he Office ofCommunications (*Ofom") in the United Kingdom. In its leter, Ofeam states thatiti conceened about Issues relted t thoperation ofAncillry Terestial Component (ATCin thL—band, which are currenty under consideration by the FCC®, Specifiall, thletersttes that: "Ofeom is concermed, fistl that the recent Order and Authoristionfor MSV to deploy ATC in L—band allows signiicant inereases n the level of interference that may be eceived by the Tnmarsatsystem,and secondly about proposalsfor ven more dramatic relaxationsto theestalished ATC limit in MSV‘spending Pettion for Reconsidertion:" Without specifically identifyingwhich aspects ofthe Commission‘s recent Order and Authorization raiseinterference concems for Oftom (and without providing any specific moiite Sateit ventures (Ganada) nc ‘eo1 mssGour, Oraem. onare Ki 5o+

eation for those concerms), Ofzom then requests thatthe Commission reconside the decision toallow MSV relaxationsof the ATC protetion limits®that were establshed in the BCC‘s 2003 ATC Report and Order. In the view of MSV Canada,this s a highly unusual equest. To the best ofMSV Canada‘s knowledgs, Ofcom has not commissioned any studes which wouldjustif th iterference concemmsthat are referenced in ts leter t the Commission, nohasitconducted any procecding, investigations oris ued any rulings in the feasiblty ofATC operations i the L—band. Ofcom alleges that unacceptable interference will exist without itself having conducted an independent investigation int the mater In the view of MSV Canada, thi is what makes Ofcon‘s leter of20 December 2004 so unusval: It appears tht Ofcom has conducted an investgation ito the operation of ATC systems in the L~ band without ever having notiied interested parties that it was planningto doso and without ever allowing interested patiesto participate in a public proceeding reating t thisinvestiation. "These actions stand in stark contrast tthose ofthe FCC and Indusry Canada, both ofwhich have carried out open and transparent regulatory proceedings where intrest parties were given the opportunity to comment onvitually all spects ofL—band ATC operations, including technical interference issues. Industry Canada‘s findings are contained in a decision entied Spectum and Licensing Policy to Permit Ancillary Terrestral Mobil Services as Part ofMobile—Sateite Service Offerings (he *ATC Decision‘)." This decsion was rendered by Industry Canada aftea full and thorough public consulation whichimvolved, among otherthings, a independent echnical sudy that was commissioned by Industy Canada that is publicly avalable on ts website. The ATC Decision established protetionlimit for ATC operations in Canada which are more elaxed, n cetain key instances,than those esablished by the FCC is 2003 ATC Report and Order. MSV Canada believesthat trecords ofthe FCC and Industry Canada proceedings provide a sound basi for the Commission to provide frther exibilty for ATC systems in the United Stats. Purthermore,since MSS operators can be negatvely impacted by asymmetrics in the regulatory regimes of different countries, MSV Canada believes that itis in the bestinterest ofall MSS systems for rules to be harmonized acrossjurisdistions t the extent possble. MSV Canada, therefore,urges the Commission to adopt the ATC limits requested by MSV in ts Pesion for Reconsideation. oC Yous very trily, Robert Power Viee—President, Requbtory Matters Mobile Satelite Ventures (Canada) Inc. Industy Canada,Specrum andLicening Policto Prmit Ancllary Terretia MobleServces s PartofMobileSetelte Service Oferings May 2004


Document Created: 2005-02-09 16:33:00
Document Modified: 2005-02-09 16:33:00
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