Attachment grant

grant

ORDER submitted by FCC,IB

grant

2005-07-07

This document pretains to SAT-MOD-20050301-00054 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2005030100054_440453

WILMER CUTLER PICKERING HALE moDORR« Zoes®mso )—Ooosy agos ¢"~ womneronncanr Secretary liew Federal Communications Commission Q 445 Twelfth Street, S.W. Washington, D.C. 10554 \ RE: Globalstar LLC Requestfor Authority To Implement an Ancillary Terrestrial Component for the Globalstar above 1 GHz, of Big LEO, Mobile Satelite Service (MSS) System (Call Sign ES2115); Globalstar USA LLC Application for Modification of Blanket License Authorization for Mobile Earth Station Terminals (Call Sign E970381) —— FCC File Nos. SAT—MOD—20050301—00054 and SES—MOD—20050301—00261 Dear Ms. Dotch: This leteris written on behalf of Globalstar LLC and Globalstar USA, LLC (collectively "Globalstar®),to request modification of the ex partestatus of tproceedings concering the above—referenced applications from "restrieted" to "permit—but—disclose.""" We also ask that the Commission expedite action on this request. On March 1, 2005, Globalstar fled the above—referenced companion applications ("ATC Applications*) seeking authority to implement an Ancillary Terrestrl Component ("ATC") for the Globalstar Above 1 GHz, or "Big LEO," Mobile Satellite Service (‘MSS®)system. On April 15,2005, the International Bureau announced by public notice that the ATC Applications had been accepted for fling and providing interested parties with 30—days in which to file comments" ® See 47 CFR. § 1.1200(a)(the Commission has the discretion to modify the ex parte status of proceedings "where the public interest so requires"). 2 See "Policy Branch Information — Satelite Space Station Applications Accepted for Filing, Report No. SAT:00284, Public Norice (rl. April 15, 2005); Satellite Communications Services —— Satelite Radio Applications Accepted for Filing, Report No. SES—00704, Public Notice (rel. April 15, 2005) (collectively "Public Notices"). usiocssiama

On May 16, 2005, the Wireless Communications Association International, In. ("WCA") and the Society of Broadcast Engineers (‘SBE") filed comments® and an informal objection® requesting that the Commission hold Globalstar‘s ATC Applications in absyance pending Commission action on the petitions for reconsideration filed by WCA and others of the Commission‘s Report and Order in TB Dockets 02—364 and 00—258® Altematively, WCA requests that the Commission condition the grant of the ATC Applications on the outcome ofthe pending petitions for reconsideration of the Reallocarion Order. On May 26, 2005, Globalstar filed a reply to the WCA and SBE filings, arguing that WCA and SBE have fuiled to provide any legitimate reason why the Commission‘s grant of Globalstar‘s ATC Applications should be delayed or subject to any condition other than Globalstar‘sfull compliance with all elevant Commission rules.® These pleadings remain pending. Accordingly, pursuant to section 1.1208 ofthe Commission‘s rules," the expartestatus of these proceedings is ‘restricted." Generally, the Commission‘s use of "permit—but—disclose" procedures is appropriate where such status allows the Commission "to engage in discussions for the purpose of obtaining information deemed essental"to, and "to resolve expeditiously the issues raised" in a proceeding.®" Given the importance to Globalstar and its customers of an expeditious grant of Globalstar‘s ATC Applications, Globalstar believes that the public interest would be served by applying the "permit—but—disclose" procedures in this case. In addition, WCA and SBE have attempted tolink Globalstar‘sATC Applications with issues raised before the Commission in ts pending reconsideration of the Reallocation Order. Although, as Globalstar has argued in its Opposition to WCA and SBE‘ filings, there is no justifiation for delaying Commission action on the ATC Applications pending the outcome of 4 See Comments of the Wireless Communications Association International, Inc., FCC File Nos. SAT—MOD—20050301—00054 and SES—MOD—20050301—00261 (May 16, 2005). 9 See Informal Objection of the Society of Broadcast Engineers,Inc., FCC File Nos. SAT— MOD—20050301—00054 and SES—MOD—20050301—00261 (May 16, 2005). * See In the Matter of the Review of the Spectrum Sharing Plan Among Non—Geostationary Satelite Orbit Mobile Satellte Service Systems in the 1.6/2.4 GH Bands; Amendment of Part 2 of the Commission‘s Rules o Allocate Spectrum Below 3 GHz for Mobile and Fixed Services To Support the Introduction of New Advanced Wireless Services, including Third Generation Wireless Systems, Report and Order, Fourth Report and Order, and Further Notice of Proposed Rulemaking, 19 FCC Red 13356 (2004) ("Reallocation Order®). 9 See Reply of Globalstar LLC and Globalstar USA, LLC tothe Comments of the Wireless Communications Association International, Inc., FCC File Nos. SAT—MOD—20050301—00054 and SES—MOD—20050301—00261 (May 26, 2005). 7. Seed7 CER§1.1208. i ® See Bechive Telephone, Inc.v. The Bell Operating Companies, 12 FCC Red 17930,4 26 (997). uswocssuaa

the Reallocation proceeding, exparte presentations in that proceeding are subject to the Commission‘s "permit—but—disclose" procedures. By designating the above—seferenced application proceedings as "permit—but—disclose," Globalstar, WCA, SBE and the Commission staff will be able to discuss the impact of a decision in one proceeding on the other. Finally, the Commission has concluded in the past that ATC licensing proceedings should be granted "permit—but—disclose" status, and to refuse to do so here would prejudice Globalstar by limiting its abilty to engage freely in discussions with the staff concerning the merits and technical aspects ofits ATC Applications Accordingly, Globalstar requests that the exparte status of the pending proceedings relating to he above—referenced applications be modified to "permit—but—disclose," and that action on this request be expedited. Respectfully submitted, lmw—U. lake Williom T. Lake Counselto Globalstar LLC and Globalstar USA LLC 9 See Mobile Satellite Ventures Subsidiary LLC, Application for Minor Modification of Space Station License for AMSC—1; Application for Minor Modification of Blanket License for Authority to Operate Mobile Earth Terminals with MSAT—1, Order and Authorization, 19 FCC Red 22144 (Int! Bur, 2004) at J 8 (Applicants request to convert ATC application proceeding to "permit—but—disclose" status was approved by grant—stamp on December 2, 2003). usivocsiamma

CERTIFICATE OF SERVICE 1, Josh L. Roland, do hereby certify that a copy of the foregoing Letter filed by Globalstar LLC and Globalstar USA LLC was served by hand this 6h® day of July, 2005, on the following parties, unless otherwise noted: Marlene H. Dortch, Secretary Federal Communications Commission 445 12" Seet, SW Room CY—B402 Washington, DC 20554 Kathieen Campbell Intemational Bureau Federal Communications Commission 445 12" Street, SW Room CY—B402 Washington, DC 20554 Paul J. Sinderband® Wilkinson Borker Knauer, LLP 2300 N Street, NW Washington, DC 20037—1128 Chistopher D. Imlay* Booth, Freret, Imlay and Tepper 14356 Cape May Road Silver Spring, MD 20904 Meuies 1 L. Roland +By United States Postal Service, First Class postage prepaid. July 6, 2005 usirocssiama

IBFS File Nos. SAT—MOD—20050301—0054 and SES—MOD—20050301—00261 are adjudicative licensing proceedings and are generallyrestrcted under the Commission‘s ex parte rules. See 47 C.F.R. §§ 1.1202(d) and 1.1208, On July 6, 2005, Globalstar LLC and Globalstar USA, LLC filed a request to designate Files Nos. SAT—MOD—20050301— 0054 and SES—MOD—20050301—00261 as "permit—but—disclose" under the Commission‘s ex parte rules. See Letter from William T. Lake, Wilmer Cutler Pickering Hale and Dore, LLP, Counsel to Globalstar LLC and Globalstar USA LLC to Marlene H. Dortch, Secretary, Federal Communications Commission. The Burcau concludes that the public interest will be served by designating IBFS Files Nos. SAT—MOD—20050301—0054 and SES—MOD—20050301—00261 as "permit—but—disclose"in order to facilitate comment on the issues implicated by the applications. Accordingly, on July 7, 2005, the Satellte Division, Policy Branch granted the request and designated the appliations as "permit— but—disclose." 47 C.F.R. §§ 1.1200(a), 1.1206 and 1.1208, Note 2. This action is without prejudice to any determination regarding the processing of the application.


Document Created: 2005-07-08 11:03:18
Document Modified: 2005-07-08 11:03:18
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