Attachment letter

letter

LETTER submitted by MSV

letter

2005-12-19

This document pretains to SAT-MOD-20051104-00211 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2005110400211_476136

C Pillsbury DUPLICATE Winthrop Shaw Pittman.. December 19, 2005 RECEIVED Via Hand Delivery DEC 1 9 2005 Ms. Marlene H. Dortch Secretary recenCommuncaton Comniason Federal Communications Commission Onesot entay 445 12th Street, S.W. Washington, D.C. 20554 Re: Application of Mobile Satellite Ventures Subsidiary LLC for Modification of License to Operate an Ancillary Terrestrial Component File No. SAT—MOD—20051104—00212 File No. SAT—MOD—20051104—00211 File No. SES—MOD—20051104—02556 Dear Ms. Dortch: Mobile Satellite Ventures Subsidiary LLC (*MSV"),by its undersigned counsel, hereby responds to the December 14, 200Iter submitted by Inmarsat Ventures Ltd. ("Inmarsat") asking the Commission to formally consolidate the above—referenced applications in single proceeding and to issue yet another Public Notice establishing January 13, 2006 as the deadline for Petitions." ‘The public interest is best served by the rapid processing ofMSV‘s applications, to better provide the regulatory stability that is critical to the deployment of itsinnovative technology. Nonetheless, MSV will not objectif Inmarsat submits a consolidated response to the applications by the January 13, 2006 deadline for comments on the third of the applications. MSV does object, however, to any additional public notice or any extension of the existing deadlines past January 13, 2006 because ofthe unnecessary prejudice and delay that will result. On November 4, 2005, MSV filed electronically via the Intemational Bureau Filing System (‘IBFS") the above—referenced applications for authority to modify ts Hicense to operate an ancillary terrestrial component (*ATC") in the L band. Consistent with ts original application for an ATC license, MSV fled three separate but ‘ See Letter from John P. Janka, Counsel for Inmarsat, o Ms. Marlene H. Dortch, FCC, File Nos. SAT—MOD—20051 104—00212, SAT—MOD—20051 104—0021 1, SES—MOD— 20051 110—01561 (December 14, 2008) ("Anmarsat Lerter®). * See Application of Mobile Satellte Ventures Subsidiary LLC, File Nos. SAT—MOD— 20051 104—00212, SAT—MOD—20051 104—0021 1, SES—MOD—20051 104—02556 (November 4, 2005) ("Application).

Ms. Marlene H. Dortch December 19, 2005 Page2 substantively identical applications: (1) a minor modification of its license to operate ATC in conjunction with AMSC—1; (i) a minor modification of its license to operate ATC in conjunction with MSV—1; and (ii) a minor modification of itslicense to operate ATC in conjunction with MSAT—1 and its replacement, lcensed by Industry Canada. The first two applications are processed as space station applications; the last is processed as an earth station application. Consistent with ts normal practice ofissuing separate Public Notices for space station and earth station applications, the International Bureau placed the two space station applications on Public Notice on December 7, 2005, with a deadline for Comments or Petitions of January 6, 2006, and released a second Public Notice pertaining to the earth station appliation on December 14, 2005, with a deadline for Comments or Petitions of January 13, 2006." Inmarsatasks that the Burea formally consolidate all three proceedings and establish January 13, 2006 as the deadline for Petitions with respect to all three applications. Inmarsat Letter at 1. ‘The least prejudicial and most administratively efficient result would be for Inmarsatt fil ts Petition with respect t all tiree applications on January 6, 2006. Inmarsat eannot argue that it has not had sufficient time to review the applications. Because the applications were electronicallyfiled, they were immediately available to the public for review on November 4, 2005. Indeed, Inmarsat‘s counsel contacted MSV‘s counsel regarding the applications on November 15, 2005, so it apparently will have had access to the applications for at least 52 days prior tothe January 6, 2006 filing deadline. Nonctheless, MSV will not objectif Inmarsat were to seek a waiver of Section 25.154(a)(2) and fileits Comments or Petition with respect t all three applications on January 13, 2006." The Bureau, however, should not formally consolidate these applications and issue yet a third Public Notice on the same applications. The applications have already been subject to two Public Notices. Consolidating these applications and issuing yet third Public Notice would be unreasonably prejudicial to MSV by creating yet additional process on applications that have already been subject to more than one Public Notice. * See Public Notice, Report No. SAT—00333 (December 7, 2005); See Public Notice, Report No. SES—00775 (December 14, 2005). *‘The 30—day period for filing Petitions to Deny is a Commission rule, not a statutory requirement, and, as such, can be waived by the Bureau upon a showing of goodcause. See 47 CER. § 25.154@0).

Ms. Marlene H. Dortch December 19, 2005 Pages Please contact the undersigned with any questions regarding this matter. Very truly yours, 4—ALZ— Bruce D. Jacobs David S. Konczal ces Roderick Porter Cassandra Thomas Robert Nelson Andrea Kelly Scott Kotler Diane J. Comell John P. Janka


Document Created: 2005-12-30 11:16:02
Document Modified: 2005-12-30 11:16:02
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