Attachment comment

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LETTER submitted by ManSat

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2005-11-18

This document pretains to SAT-MOD-20050926-00182 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2005092600182_472362

November 17®, 2005 Ms. Marlene Dortch Secretary Federal Communications Commission 445 12th Street, N.W, Washington, DC 20554 Subject: Comments of ManSat Regarding the Application for Modification of Authority by ICO Satellte Services G.P., SAT—MOD—20050926—00182 Dear Ms. Dortch, On behalfofManSat, I would like to notify the FCC of our concems with respect to the application ofICO Satellte Services G.P. ("ICO®) to modify the orbital location of its GSO 2GH satellitefrom 91° WL to 93° WL. In a previous application, ICO sought to add Ka—band feeder links toits planned satellite‘. Reassignment of the ICO reservation to 93° WL will have a direct impact on ManSat‘s ITU filing for this same orbital position: IOMSAT—8. ManSat‘s concems are limited to ICO‘s choice of orbital positions and it proposed use of Ka—band spectrum at the 93°WIL orbital position. ManSat Ltd has made a series of satllite flings at the TTU with ts partner via the United Kingdom Administration, namely the Office of Communications (OFCOM). We are bringing this matter to your attention to ensure that the Commission is aware of the existence ofManSat‘s IOMSAT—# filing and that this filing enjoys an earlier ITU priority date than the ICO filing. ManSat acknowledges the Commission‘s long—standing policy not to withhold U.8. market access pending coordination between non—U.S.—licensed satellte networks. We seek recognition from the Commission that, should ICO deploy a satelite to this orbital position prior to ManSat‘s deployment of a satellite (meeting FCC requirements for US Market access), that the Commission, following its established practice and recognizing the ITU Date Priority require ICO to enter into a coordination agreement with ManSat and to comply with the provisions of such coordination agreement. At the present time no such coordination agreement has been made between ManSat and ICO with respect to the 93° WL orbital position. ! See: Memorandim Opinion and Order, 1CO Satelite Srvices G.P. Application for Modifcation of2GHtz LOL Authorzation, Pettion for Declatory Rulingor Waiver, 20 FCC Red 9797, DA 05—1804, Rel. May 24,205 TelFux:(0) 1624 661251 E—mail:information@mansatcom Web: ansatcom 1 MenSatLimited Registered mumber in the stof Man: 92219 Regivered Offees: The TowersStrathallan Road, Onchan, ht ofMan, BM3 INY, UK. Directors: Mr.RV. Rernste ), MC Hal, Mr 1. Jarrin, Dr. Don Jayasurize, Mr. C Stot, Mr. W.L.B. Sot

In itsfiling, ICO explains thatit has chosen the requested orbital location because it believes there is greater probability of concluding a coordination agreement at 93° WL than at the original 91° WL slot because there are fewer ITU flings there. 1CO fails to mention, however, that there are existing ITU filings at 93° WL that have date priority ahead of 1CO. On March 27, 2002, ManSat filed a Coordination Request at the ITU for IOMSAT—# at 93° WL through the UK Administration‘s Radiocommunications Agency, predecessor to OFCOM. That Coordination Request was subsequently published by the ITU on July 15, 2003 as CR/C/1047 in IFIC 2498. Later, on January 6, 200 OFCOM submitted to the ITU the Advance Publication filing for ICO—G at 91° WL. Thatfiling was subsequently relocated to 93° WL on June 29, 2005. Its corresponding Coordination Request for 93° WL was physically received at the TTU on June 29, 2005. We also wish to bring to your attention the procedures established by the UK. administration, OFCOM. In early 2005, OFCOM held a public consultation concerning Procedures for Authorisation of Satellite Networks, to determine, infer alia, whether to submit to the TTU filings that are technicallyincompatible with other UK filings. On March 24@, 2005 (and please note this precedes the submission of 93° WIL ICO—G filing to the ITU on behalfof ICO) OFCOM published its conclusions from the public consultation ? stating, in part,that they had decided to submit all valid filings to the ITU, even where there is a technical conflict with existing UK flings and emphasized that OFCOM willstrietly enforcethe filing date priorityofthe earlier UK filings. OFCOM went on to state that UK flings that conflicted with an earlier filing would not be able to proceed unless cither it was possible to secure the agreement ofthe earlier operator or the earlier filing failed to proceed. OFCOM also wrote that later—filed conlicting filings would. in that sense, be provisional and would have to be regarded as such by the operators concerned and their financial backers. ManSat has all intentions of bringing its IOMSAT—8 satellite network into service and has undertaken rigorous commercial measures to that end. Therefore, according to OFCOM‘s stated guidelines, the ICO—G filing at 93° WL should be regarded as provisional in the absence of an agreement with ManSat. In similar circumstances with respect to priority dates, the Commission has conditioned authorizations to serve the U.S. market in a manner that acknowledged the priorities established by the TU process, ensuring the ability to serve the U.S. market from satellte networks launched later but having earlier ITU date priorty. * Proceduresfor Authorisation ofSatlIte Netvorks, Sttement of24 Merch 2003 hatp/ofeonorgudconsultcondocsisatelitenetvorksistatementsarelte pf TelfFux:(10 1624 661251 E—mail:information@@mansatcom Web ManSrLimited Regisered number in theIse of Mn Registered Offees: The Towers Strathallan Road, Onchan, Ide of Man, BM3 INY, UK.

syey 4e In a 2000 decision‘, the Commission imposed conditions when it granted market access to the ANIK FI satellite to be located at 107.3° WL: * 21(b) Telesat Canada‘s operation of ANIK FI must comply with its applicable current and future operational requirements as a result of coordination agreements with other satellite systems. Further,in the 2003 Space Station Licensing Reform Report and Order‘, the Commission clarified itspractice of imposing conditions when granting market access to satellte networks having lower priority dates than other satellite networks not yet Iaunched: * In the event that a non—U.S—licensed satellite operatoris authorized to provide service in the Unites States, and that network is "affected," within the meaning of the ITU‘s intemational Radio Regulations, by a satellite network with lower priority secking access to the U.S. market, we would permit the lower priority network to access the U.. marketifthe higher priority satellite has not been launched. In that case the lower priority satllite would be authorized to access the U.S. market subject to proo f coordination with the higher priority satelite. Absent such a demonstration, the lower priority satellite would be required to cease service to the U.S. market immediately upon launch ofthe higher prionity satellte, or be subject to further conditions designed to address potential harmful interference to a satellite with higher ITU date precedence. ManSat respectfully requests the Commission. in respect ofthe Application for Modification ofAuthority by ICO Satelite Services G.P., SAT—MOD—20050926—00182, that the Commission should subject the authorization to ICO to the condition ofa coordination agreement between ICO and ManSat, rcognizing that ManSat has a satellte filig at 93° WL predating that of ICO. Yours sincerely, Christopher Stott President and C.E.0. * See In the Matter ofTlesat Canada Pettionfor Declartory Ruling ForIncusion ofANIKE! on the Permited Space Staton Lis, DA 00—2835, 421 * Space Station Licensing Reform Order, 18 FCC Red s 108704296 TelFux:(0 1624 661251 E—mail: information@@mansat.com Wet ManSat Limited Regisered number in the se of Man: Rexivtered Offees: The Towers Strathallan Road, Onchan, Ie of Man, L3 INY, U.K. Directors: Mr.RV. Rerusten (USA), M. C Hal, Mr 1. Jurrin, Dr. Don Jayasurize, Mr. C Sto, Mr. W.L.B. Ston


Document Created: 2005-12-13 16:48:47
Document Modified: 2005-12-13 16:48:47
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