Attachment opposition

opposition

OPPOSITION submitted by Globalstar, Inc.

opposition

2006-12-19

This document pretains to SAT-MOD-20061206-00144 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2006120600144_540437

WILMERHALE FILED/ACCEPTED DEC 1 9 2006 William T. Lake Federal Communications Commission +1 202 se3 6725 (t) Office of the Secretary +1 202 se3 6363 (h) william.lake@wilmerhale.com December 19, 2006 Ms. Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 Re: TMI Communications and Company, Limited Partnership —— Request for Selected Assignment of 2 GHz Mobile Satellite Service Operating Frequencies, FCC File Nos. SAT—MOD—20021114—00237 and SAT—MOD—20061206—00144 Dear Ms. Dortch: Globalstar, Inc. ("Globalstar") submits this opposition for the record in the above— captioned proceeding in which TMI Communications and Company, Limited Partnership requests, on behalf of itself and TerreStar Networks, Inc. (collectively "TMU/TerreStar"), that the Commission approve specific operating frequencies for the proposed TMI/TerreStar 2 GHz Mobile Satellite Service ("MSS") system.‘ As the Commission and TMUTerreStar are aware, Globalstar was one of the original 2 GHz MSS licensees and continues vigorously to challenge the Commission‘s cancellation of its 2 GHz authorization as unlawful and inconsistent with Commission precedent.=" In addition, Globalstar and others have challenged as severely flawed on factual, policy, and legal grounds the Commission‘s decision to reserve all of the 2 GHz MSS spectrum to TM/TerreStar and ICO ¥ See TMI Communications and Company, Limited Partnership —— Request for Selected Assignment of 2 GHz Mobile Satellite Service Operating Frequencies, FCC File Nos. SAT— MOD—20021114—00237 and SAT—MOD—20061206—00144 (filed December 6, 2006) ("Frequency Assignment Request"). Globalstar is simultancously filing a notice of its intent to participate in this proceeding. See Globalstar, Inc., Notice of Intent To Participate, FCC File Nos. SAT—MOD— 20021114—00237 and SAT—MOD—20061206—00144(filed Dec. 19, 2006). 2 See Globalstar, Petition for Reconsideration, File Nos. SAT—LOA—19970926— 00 151/52/53/54/56, et al. (filed July 26, 2004); Supplement to Petition for Reconsideration, File Nos. SAT—LOA—19970926—00151/52/53/54/56, et al. (filed Aug. 26, 2005). Wilmer Cutler Pickering Hale and Dorr uir, 1875 Pennsylvania Avenue NW, Washington, DC 20006 Baltimore Beijing Berlin Boston Brussels London Munich New York Northern Virginia Oxford Palo Alto Waltham Washington US1DOCS 5988423v1

WILMERHALE December 19, 2006 Page 2 Satellite Services ("ICO").4 All of these proceedings remain pending today. As a result, there is simply no truth to TMI/TerreStar‘s assertion in its Frec;uency Assignment Request that "[t)oday, the band plan for the 2 GHz MSS has been finalized."" Any action by the Commission to designate specific frequencies within the 2 GHz MSS spectrum for TMUTerreStar and ICO alone would be premature before these proceedings are resolved. Globalstar reiterates that, if given the opportunity, it stands ready, willing, and financially able to construct and launch a robust and viable 2 GHz MSS system pursuant to milestones consistent with those that the Commission has adopted for TM/TerreStar.®" Globalstar currently serves over 250,000 subscribers in 120 countries. A significant number of Globalstar‘s customers are first responders and other public safety officials who have come to rely on Globalstar‘s services on a day—to—day basis and during times of emergency when terrestrial wireline and wireless networks fail. These subscribers, who are rapidly growing in number, offer perhaps the most compelling justification for the Commission to reconsider its cancellation of Globalstar‘s 2 GHz license and reservation of all of the 2 GHz spectrum for two foreign— licensed entities with little or no MSS business experience. Globalstar is an existing provider with a proven track record of providing effective MSS services that meet the needs of the public safety community at the federal, state, and local level. On December 4, 2006, Globalstar announced the signing of a contract with Alcatel Alenia Space for the design, manufacture, and delivery of Globalstar‘s second—generation constellation, to be composed of 48 low earth orbit satellites." This second generation LEO constellation will ensure that Globalstar‘s services will reach all but the polar regions of the earth‘s surface and will enable Globalstar to offer superior call quality and service features to its ¥ See Petition of Globalstar for Reconsideration filed in IB Docket Nos. 05—220 and 05—221 (Jan. 9, 2006); Consolidated Petition for Reconsideration of Inmarsat Ventures Limited and Inmarsat Global Limited filed in IB Docket Nos. 05—220 and 05—221 (Jan. 9, 2006). The Commission expressly conditioned that decision on the outcome of Globalstar‘s petition for reconsideration of the cancellation ofits 2 GHz license. See Order, Use ofReturned Spectrum in the 2 GHz Mobile Satellite Service Frequency Bands, 20 FCC Red 19696 (2005) at 4 63. 4 See TMTerreStar Frequency Assignment Request at Exhibit 2, page 3. 4 See Globalstar LLC Ex Parte Notice in TB Docket Nos. 05—220 & 05—221 (filed Sept. 19, 2005). & See Globalstar Press Release, "Globalstar, Inc. Signs Contract with Alcatel Alenia Space for Second—Generation LEO Satellite Constellation" (Dec. 4, 2006). USIDOCS 5988423v1

WILMERHALE December 19, 2006 Page 3 public safety and other customers. Once launched, these satellites will integrate with and eventually replace Globalstar‘s existing satellite constellation, ensuring that Globalstar‘s services will continue to be available at least through 2025. With a 2 GHz authorization, Globalstar would provide services complementary to its basic voice and data services, as described in its previous pleadings before the Commission." In short, Globalstar has made a compelling showing in support of the reinstatement of its 2 GHz MSS authorization. Its petition for reconsideration of the withdrawal of that authorization has been pending for two and a half years. To proceed now to assign specific frequencies of the contested spectrum to TM/TerreStar and ICO, before resolving whether Globalstar is lawfully entitled to part of the spectrum, would be highly prejudicial and improper. It is vital that the Commission decline to make specific frequency assignments to TM/TerreStar and ICO until it has reconsidered its decision to deny Globalstar access to any part of the 2 GHz MSS spectrum. Sincerely yours, VV\[ A 2R William T. Lake Counsel to Globalstar, Inc. ce: Gregory C. Staple Sam Feder Roderick Porter Cassandra Thomas Fern Jarmulnek Gardner Foster Howard Griboff Steve Spacth Karl Kensinger & See, e.g., Petition of Globalstar for Reconsideration, supra note 3. UsIDOCS 5988423v)

Before the Federal Communications Commission WASHINGTON, D.C. 20554 FILED/ACCEPTED DEC 19 2006 Federa! Communications Commissi on In the Matter of Office of the Secretary w n N N Ni se TMI Communications and Company, Limited FCC File Nos. Partnership—— Request for Selected SAT—MOD—20021114—00237 Assignment of 2 GHz Mobile Satellite SAT—MOD—20061206—00144 Service Operating Frequencies NOTICE OF INTENT TO PARTICIPATE Globalstar, Inc. hereby provides notice of its intent to participate in the above—captioned proceeding, thereby becoming a party as provided in Section 1.1202(d)(1) of the Commission‘s rules, 47 C.F.R. § 1.1202(d)(1). Respectfully submitted, ~1 [ William F. Adler William T. Lake Vice President — Legal and Josh L. Roland Regulatory Affairs Nathan Mitchler Globalstar, Inc. Wilmer Cutler Pickering Hale 461 S. Milpitas Blyd. and Dorr LLP Milpitas, CA 95035 1875 Pennsylvania Ave., NW (408) 933—4401 Washington, D.C. 20006 (202) 663—6000 Counsel to Globalstar, Inc. USIDOCS $979501v1

CERTIEICATE OF SERVICE I, Josh L. Roland, hereby certify that on this ljth day of December, 2006, I caused to be served a true copy of the foregoing "Notice of Intent To Participate" filed on behalf of Globalstar, Inc. upon the following persons via hand delivery (indicated with an asterisk (***")) or first—class, United States mail, postage prepaid: Gregory C. Staple* Gardner Foster Vinson & Elkins International Bureau 1455 Pennsylvania Avenue, N.W. Federal Communications Commission Washington, D.C. 20004 445 12th Street, S.W. Washington, DC 20554 Sam Feder Howard Griboff General Counsel International Bureau Federal Communications Commission Federal Communications Commission 445 12th Street, S.W. 445 12th Street, S.W. Washington, DC 20554 Washington, DC 20554 Roderick Porter Steve Spacth International Bureau International Bureau Federal Communications Commission Federal Communications Commission 445 12th Street, S.W. 445 12th Street, S.W. Washington, DC 20554 Washington, DC 20554 Cassandra Thomas Karl Kensinger International Bureau International Bureau Federal Communications Commission Federal Communications Commission 445 12th Street, S.W. 445 12th Street, S.W. Washington, DC 20554 Washington, DC 20554 Femm Jarmulnek International Bureau Federal Communications Commission 445 12th Street, S.W. Washington, DC 20554 UStDOCS $979501vi


Document Created: 2006-12-20 11:38:12
Document Modified: 2006-12-20 11:38:12
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