Attachment motion

This document pretains to SAT-MOD-20061109-00137 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2006110900137_535603

Before the Federal Communications Commission F"_ED/ACCEPTED Washington, D.C. ZOSS‘RGC GiVed NOV 1 4 2006 NOV 1 5 In the matter of ) 1 & 20086 Federal Communications Commission Office of the Secretary ) Policy . Branch New ICO Satellite Services G.P. ) File No. SAT—MONEFébera®meqq37 (S2651) MOTION TO DESIGNATE PROCEEDING AS "PERMIT—BUT—DISCLOSE*" Inmarsat Global Limited ("Inmarsat") requests that the Commission designate this proceeding, involving the consideration of New ICO Satellite Services G.P.‘s ("ICO‘s") modification application, as "permit—but—disclose" under the Commission‘s rules governing ex parte communications.‘ Because this proceeding involves an application for authority under Title III of the Communications Act, this proceeding currently is considered "restricted" under the Commission‘s ex parte rules. ICO‘s modification application represents the latest development in the Commission‘s administration of the 2 GHz Band over the last few years. First, on May 24, 2005, the Commission granted a modification of ICO‘s 2 GHz Band license, permitting ICO to operate a single geostationary satellite instead ofits originally authorized non—geostationary—orbit constellation." That proceeding, which the Commission designated as permit—but—disclose," set the milestones that are at issue in the current proceeding. Second, on December 9, 2005, the 47 C.F.R. § 1.1200 et seq. Inmarsat also has filed a notification of its intent to participate in this proceeding. * ICO Satellite Services G.P., 20 FCC Red 9797 (2005). _ ICO Satellite Services G.P., 20 FCC Red 8246 (2005).

Commission increased ICO‘s spectrum assignment in the 2 GHz Band from 8 MHz to 20 MHz.* Moreover, as a direct result of that proceeding, the Commission dismissed Inmarsat‘s application for authority to provide service to the United States in the 2 GHz Band." These were highly contested proceedings, all of which the Commission designated as "permit—but—disclose,"" and for which petitions for reconsideration (including one filed by Inmarsat) are pending.‘ The ex parte rules provide that "[w)here the public interest so requires in a particular proceeding, the Commission and its staff retain the discretion to modify the applicable ex parte rules by order, letter or public notice. * A change in the status of this proceeding to permit—but—disclose clearly is warranted. It would serve the public interest to designate the above—captioned proceeding as permit—but—disclose in order to harmonize this proceeding‘s ex parte status with the status of the earlier related proceedings in this matter. In addition, and as in the earlier 2 GHz Band proceedings, permit—but—disclose status here would facilitate discussion with Commission staff to address complex technical, legal, and policy issues raised in this proceeding. * Use ofReturned Spectrum in the 2 GHz Mobile Satellite Service Frequency Bands, 20 FCC Red 19696 (2005). The remaining half of the 2 GHz Band was assigned to TMI Communications and Company Limited Partnership. * Inmarsat Global Limited, 20 FCC Red 19409 (2005). ° Commission Invites Comments Concerning Use ofPortions ofReturned 2 GHz Mobile Satellite Service Frequencies, IB Docket No. 05—220, FCC 05—133 (rel. June 29, 2005); Commission Invites Comments Concerning Use ofPortions ofReturned 2 GHz Mobile Satellite Service Frequencies, IB Docket No. 05—221, FCC 05—134 (rel. June 29, 2005); Policy Branch Information, Actions Taken, Rep. No. SAT—00324, DA 05—2670 (rel. Oct. 7, 2005). " See Consolidated Petition for Reconsideration, Inmarsat Ventures Limited and Inmarsat Global Limited, IB Docket Nos. 05—220, 05—221, et al. (filed Jan. 9, 2006); Petition for Reconsideration, Globalstar LLC, IB Docket Nos. 05—220, 05—221 (filed Jan. 9, 2006). 8 47 C.FR. § 1.1200(2).

For the foregoing reasons, Inmarsat respectfully requests that the Commission designate the ex parte status of this proceeding as "permit—but—disclose." Respectfully submitted, Diane J. Cornell yA. MA JoHn P. [fanka Vice President, Government Affairs Jeffrey A. Marks INMARSAT, INC. LATHAM & WATKINS LLP 1100 Wilson Blyvd, Suite 1425 555 Eleventh Street, N.W. Arlington, VA 22209 Suite 1000 Telephone: (7O03) 647 4767 Washington, D.C. 20004 Telephone: (202) 637—2200 November 14, 2006

CERTIFICATE OF SERVICE I, Jeffrey A. Marks, hereby certify that on this 14°" day of November, 2006, I caused to be served a true copy of the foregoing by first class mail, postage prepaid, and electronic mail upon the following: Cheryl A. Tritt Suzanne Hutchings Malloy Morrison & Foerster LLP ICO Global Communications 2000 Pennsylvania Ave., NW 815 Connecticut Avenue, NW Suite 5500 Suite 610 Washington DC 20006 Washington, DC 20006 (202) 887—1500 (202) 330—4005 lu led AA— Jeffr{y AlMarks


Document Created: 2006-11-15 11:38:46
Document Modified: 2006-11-15 11:38:46
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