Attachment request

request

REQUEST submitted by TMI/ TerreStar

request

2006-12-20

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

IBFS_SATMOD2006120600144_546272

December 20, 2006 LRiCINAL Via Hardcopy Delivery FILED/ACCEPTED Marlene H. Dortch pec 2 0 2006 Secretary ns Commission Federal Communications Commission Federal Office thetio Communofica Secretary 445 Twelfth Street, S.W. Washington, D.C. 20554 Re: TMI Communications and Company, Limited Partnership Application for Modification of 2 GHz Mobile Satellite Service Authorization IBFS File No. SAT—MOD—20061206—00144 Dear Ms. Dortch: Transmitted herewith, on behalf of TMI Communications and Company, Limited Partnership and TerreStar Networks, Inc., is a request to modify the ex parte status of the above referenced application from "restricted" to "permit—but—disclose" pursuant to Section 1.200(a) of the Commission‘s rules. Also enclosed is a copy of the filing marked "Stamp and Return," which I would appreciate your stamping and returning to my attention via our messenger. Please direct any questions concerning this filing to the undersigned. Sincerely, /\ A4 3 <sA‘\‘AL Hahfl/n G’O[OH?G)TS‘//(T Gregory\C. Stapke " t Henry Goldberg / (? VINSOGN & ELKINS GOLDBERG GODLES WIENER & 1455 Pennsylvania Avenue, N.W. WRIGHT Washington, D.C. 20004 1229 19TH Street, N.W. Washington, D.C. 20036 Counselfor TMI Communications and Company, Limited Partnership Counselfor TerreStar Networks Inc. Enclosure

Marlene H. Dortch December 20, 2006 Page 2 CC: (via hand delivery and e—mail) Roderick Porter, FCC Jim Ball, FCC Robert Nelson, FCC Cassandra Thomas, FCC Fern Jarmulnek, FCC Steve Spacth, FCC Gardner Foster, FCC Karl Kensinger, FCC Howard Griboff, FCC Cheryl A. Tritt, Morrison & Forester LLP Phuong N. Pham, Morrison & Forester LLP William T. Lake, Wilmer Cutler Pickering Hale and Dotr LLP Josh L. Roland, Wilmer Cutler Pickering Hale and Dorr LLP Nathan Mitchler, Wilmer Cutler Pickering Hale and Dorr LLP Suzanne Hutchings Malloy, New ICO Satellite Services *William F. Adler, Globalstar, Inc. *Via Regular Mail

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) TMI Communications and Company, ) File Nos. SAT—MOD—20061206—00144 Limited Partnership ) ) Application for Modification of 2 GHz Mobile ) Satellite Service Authorization ) To: International Bureau REQUEST TO MODIFY EX PARTE STATUS TMI Communications and Company, Limited Partnership and TerreStar Networks, Inc. (collectively "TMITerreStar"),‘ hereby request that the Bureau modify the ex parte status of the above referenced application from "restricted" to "permit—but—disclose" pursuant to Section 1.1200(a) of Commission Rules, 47 C.FR. §1.1200(a), so that TMUTerreStar and other interested parties may directly communicate with the Commission and its staff, subject to appropriate public disclosure.* Modification of the processing status of this application is warranted because the applicant‘s request for pre—launch selection of 2 GHz MSS operating frequencies presents issues of first impression and may have implications for other current and prospective satellite operators. Indeed, earlier this week, two other parties holding MSS authorizations, New ICO ! TMI holds a Letter of Intent ("LOI") authorization which reserves spectrum in the 2 GHz band for the operation of a Mobile Satellite Service ("MSS") system. TerreStar is the prospective assignee of TMI‘s authorization. See File No. SAT—ASG—20021211—00238. * 47 C.F.R. § 1.1200(a): "Where the public interest so requires, the Commission and its staff retain the discretion to modify the applicable ex parte rules by order, letter, or public notice. . . .". Because applications to modify satellite authorizations are not contained in the list of exempt and permit—but—disclose proceedings, they are considered to be restricted proceedings. See 47 C.F.R. § 1.1208; Amendment of 47 C.F.R. § 1.1200 seq. Concerning Ex Parte Presentations in Commission Proceedings, Report and Order, 12 FCC Red 7348, 7352, 4 13 (1997).

Satellite Services G.P. ("ICO") and Globalstar Inc. ("Globalstar") notified the Commission of their intent to participate in this docket." In view of the foregoing and the other reasons stated below, TMI/TerreStar submit that the public interest would be best served if the Commission has the benefit of ex parte presentations so that its staff can discuss and obtain any further information necessary to act promptly on TMI‘s request, which is time—sensitive.* A. Background The docket at issue here involves a December 5, 2006 application by TMI asking the Bureau promptly to approve a Selected Assignment of 2 GHz MSS operating frequencies for the TMUTerreStar satellite by either (a) modifying the conditions on the current authorization or (b) if necessary, waiving the Commission‘s policies to the extent they now preclude grant of a Selected Assignment before the TMV/TerreStar 2 GHz satellite is launched and brought into service. As explained in the application, the original year 2000 rationale for postponing a 2 GHz licensee‘s Selected Assignment has been overtaken by events. Since 2005, the available 40 GHz of 2 GHz MSS spectrum has been allocated to just two entities — TMI and ICO — which will share the spectrum equally. And, given the long lead time required for critical radio—engineering tasks necessary for implementing an MSS system (e.g., manufacture of mobile terminals; clearance of incumbent licensees; coordinating an Ancillary Terrestrial Component ("ATC")), it 3 See New ICO Satellite Services G.P. "Notice of Intent To Participate," dated December 18, 2006; and Globalstar Inc. "Notice of Intent To Participate," dated December 18, 2006, in re File No. SAT—MOD—20061206— 00144. * See e.g., Public Notice, "Comment Sought on Mediacom Communications Corporation‘s Emergency Retransmission Consent Complaint; Establishment of ‘Permit—But—Disclose‘ Ex Parte Procedures," DA—06—2274, (Media Bureau, November 8, 2006). See also Public Notice, Satellite Policy Branch Information, Rep. No. SAT— 00125 (Int‘l Bur October 30, 2002) [granting requests to modify various satellite modification applications].

is essential that TM/TerreStar know the precise frequencies they will primarily use as early as possible. Otherwise, the provision of much needed new service to public safety and other users may be delayed. Designation of the 2 x 10 MHz bands requested by TM/TerreStar would, of course, also permit simultaneous designation of the reciprocal 2 x 10 MHz frequency bands for ICO, which is the only other authorized 2 GHz MSS operator. B. Discussion Under Section 1.1200(a) of its Rules, the Commission is authorized to modify the ex parte status of a proceeding "[where the public interest so requires. * This standard is met here for several reasons. First, as noted, the application raises novel issues which were not fully anticipated by the FCC‘s original 2 GHz MSS service rules. Given that those rules and the frequency selection timetable were the product of an open public rulemaking process,6 it is appropriate that any request to modify or vary application of that regime also be subject to similar ex parte rules. Second, Bureau action on TMI‘s request for a Selected Assignment raises public interest issues beyond the immediate application. In particular, the practical rationale that TMI has advanced for pre—selection of MSS operating frequencies may have implications for future MSS and satellite dockets where frequency sharing is involved. Bureau action on this application will also unavoidably impact ICO. Third, as detailed therein, the application raises a variety of detailed engineering issues. These include the scope of and timetable for band clearance facing 2 GHz MSS licensees; the 5 47 CFR. § 1.1200(a). 6 See The Establishment ofPolicies and Service Rulesfor the Mobile Satellite Service in the 2 GHz Band, IB Docket No. 98—81, 14 FCC Red 4843 (1999).

need for efficient planning and advance coordination of ATC facilities; and the advance specification of mobile earth terminal chip sets for MSS vendors. Ex parte submissions on these and related technical matters can be expected to clarify the merits of the application as well as providing the Commission‘s staff with a full opportunity to expeditiously discuss and resolve any questions they may have. Finally, there is ample precedent for de—restricting satellite modification applications. In fact, the Bureau itself has done so frequently in order to develop a complete record and better understand the detailed engineering issues typically involved in such applications."‘ Moreover, so far as the 2 GHz MSS is concerned, the Bureau elected to process the original application of TMI and those of all other applicants on a "permit—but—disclose" basis." More recently, in 2005, the Bureau also applied a "permit—but—disclose" ex parte regime in considering the TMTerreStar request to finalize the 2 GHz MSS band plan." It is only logical, therefore, for the Bureau to follow a like ex parte course with respect to the instant application. ? See e.g., Public Notice, Satellite Communications Services" Rep. No. SES—00590, March 25, 2004 [modifying ex parte status of DIRECTV Enterprises LLC blanket earth station application]. Public Notice, Rep. No. SAT—00125 (Oct. 30, 2002) [modifying ex parte status for ICO and Lockheed Martin Satellite application proceedings]; Public Notice, "International Bureau Satellite Policy Branch Information: Echo Star Satellite Company Application for Authority to Make Minor Modifications to Direct Broadcast Satellite Authorization, Launch and Operational Authority," Rep. No. SPB—159, DA 00—1630, (July 21, 2000). 8 Public Notice, "Applications and Letters of Intent Filed By Nine Parties to Launch and Operate Systems to Provide Mobile Satellite Service in the 2 GHz Band," Rep. No. SPB—132 (Int‘l Bur., July 28, 1998). ° Public Notice, "Commission Invites Comments Concerning Use of Portions Of Returned 2 GHz Mobile Satellite Service Frequencies," IB Dok. No. 05—220, FCC 05—133 (June 29, 2000).

C. Conclusion For all of the reasons stated above, the Bureau should promptly change the ex parte status of TMI‘s application to "permit—but—disclose" so as to facilitate the full, efficient and timely consideration of any issues the application may present. The undersigned are authorized to state that ICO does not object to grant of this Request; Globalstar has advised TMTerreStar that it consents to the requested modification of the application‘s ex parte status. Respectfully Submitted, Aan, Aoyk Gregory C€. Sta}fle d 1 VINSON & ELKINS GOLDBERG GODLES WIENER & 1455 Pennsylvania Avenue, N.W. WRIGHT Washington, D.C. 20004 1229 19TH Street, N.W. (202) 639—6500 Washington, D.C. 20036 (202) 429—4900 Counselfor TMI Communications and Company, Limited Partnership Counselfor TerreStar Networks Inc. December 20, 2006

CERTIFICATE OF SERVICE I, Patricia A. Gibson, hereby certify that on this 20th day of December, 2006, copies of the foregoing "Request" were hand served on the following unless other wise noted: Roderick Porter Gardner Foster Deputy Bureau Chief Legal Advisor, Satellite Division International Bureau International Bureau Federal Communications Commission Federal Communications Commission 445 12th Street, SW, Room 6C:752 445 12th Street, SW, Room 6C477 Washington, DC 20554 Washington, DC 20554 Jim Ball Karl Kensinger Chief, Policy Division Associate Division Chief International Bureau Satellite Division Federal Communications Commission International Bureau 445 12th Street, SW, Room 7A760 Federal Communications Commission Washington, DC 20554 445 12th Street, SW, Room 6A663 Washington, DC 20554 Robert Nelson Chief, Satellite Division Howard Griboff International Bureau Assistant Division Chief, Policy Division Federal Communications Commission International Bureau 445 12th Street, SW, Room 6A665 Federal Communications Commission Washington, DC 20554 445 12th Street, SW, Room 7A662 Washington, DC 20554 Cassandra Thomas Deputy Chief, Satellite Division Steven Spaeth International Bureau Assistant Division Chief Federal Communications Commission Satellite Division 445 12th Street, SW, Room 6A666 International Bureau Washington, DC 20554 Federal Communications Commission 445 12th Street, SW, Room 6C407 Fern Jarmulnek Washington, DC 20554 Deputy Chief, Satellite Division International Bureau Cheryl A. Tritt Federal Communications Commission Phuong N. Pham 445 12th Street, SW, Room 6A760 Morrison & Forester LLP Washington, DC 20554 2000 Pennsylvania Ave., NW, Ste. 5500 Washington, D.C. 20006 (Counsel to New ICO)

Suzanne Hutchings Malloy Senior Regulatory Counsel New ICO Satellite Services 815 Connecticut Avenue, N.W., Ste. 610 Washington, D.C. 20006 *William F. Adler Vice President — Legal & Regulatory Affairs Globalstar, Inc. 461 S. Milpitas Blvd. Milpitas, CA 95035 William T. Lake Josh L. Roland Nathan Mitchler Wilmer Cutler Pickering Hale and Dorr LLP 1875 Pennsylvania Ave., N.W. Washington, D.C. 20006 (Counsel to Globalstar Inc.) * Via Regular Mail hi KHien x/ Patricia A. Gibson DC 640822v.1


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Document Modified: 2019-04-14 19:55:17
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