Attachment comments

comments

SUBMISSION FOR THE RECORD submitted by New ICO Satellite Services

comments

2007-01-17

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

IBFS_SATMOD2006120600144_548366

January 17, 2007 ICO Global Communications (Holdings) Limited 11700 Plaza America Drive Marlene H. Dortch Suite 1010 Secretary Reston, VA 20190 Federal Communications Commission Tel: (703) 964—1400 445 12"" Street, S.W., Room TW—A325 Fax: (703) 964—1401 Washington, D.C. 20554 Re: TMI Communications and Company, Limited Partnership and TerreStar Networks Inc. Modification Application (File No. SAT—MOD—20061206—00144) Dear Ms. Dortch: New ICO Satellite Services G.P. ("ICO") submits these preliminary comments in response to the above—referenced modification application ("Application") of TMI Communications and Company, Limited Partnership and TerreStar Networks Inc. (collectively, "TMI/TerreStar"). In order to spare the Commission an unnecessary expenditure of scarce resources on an issue it has already decided, and in a spirit of industry cooperation, ICO respectfully submits the following proposal to address TMI/TerreStar‘s stated concerns. In its Application, TMI/TerreStar requests that the Commission change its rules to allow TMI/TerreStar to pick certain 2 GHz mobile satellite service ("MSS") frequencies prior to its commencement of operations. The Commission, however, has already ruled that the first 2 GHz MSS operator to commence operations will be the first to select its assigned frequencies ("Selected Assignment").‘ Thus, the Commission already has established the procedure for selecting and assigning 2 GHz MSS frequencies. Based upon publicly available information, including the capital expended to date on our respective satellite programs, ICO believes it will be the first to meet the requirements under that procedure. The primary justification for TMI/TerreStar‘s proposed modification of the Commission‘s rules (and modification of both ICO‘s and TMI/TerreStar‘s 2 GHz MSS authorizations) is that TMI/TerreStar needs regulatory certainty regarding its Selected Assignment in order "to timely complete critical engineering tasks, including clearing incumbent point—to—point microwave radio facilities from the MSS downlink band [and] finalizing the design specifications for radio communication chipsets and handsets."" \ See Establishment ofPolicies and Service Rulesfor the Mobile Satellite Service in the 2 GHz Band, 15 FCC Red 16127 « 16 (2000). > TMI/TerreStar Application, Exh. 2 at 1. de—475305

TMI/TerreStar‘s need to know its exact spectrum assignment is not evident, since the Commission‘s rules have provided sufficient regulatory certainty for ICO to proceed on a more advanced satellite construction schedule and on its terrestrial network. Nonetheless, ICO will agree to provide that certainty by selecting its specific spectrum designation at this time. The Commission should not, however, allow TMI/TerreStar to jump the line based on its alleged need for regulatory certainty rather than its being first to launch and operate its satellite, as provided under the rules. The regulatory certainty that TMI/TerreStar seeks should only be achieved through a mechanism that would not prejudice ICO‘s existing rights. In sum, ICO is fully prepared to cooperate with TMI/TerreStar in its efforts to obtain regulatory certainty, provided that ICO is entitled to choose its Selected Assignment first, consistent with its existing rights under the Commission‘s rules. ICO urges the Commission to refrain from acting upon TMI/TerreStar‘s Application and instead allow an opportunity for ICO and TMI/TerreStar to submit a joint proposal for a modification or waiver of the Selected Assignment procedure. Please direct any questions regarding this submission to the undersigned. Respectfully submitted, Suzanne Hutchings Malloy Senior Regulatory Counsel ce: Robert Nelson Cassandra Thomas Gregory C. Staple (Counsel for TMI) William T. Lake (Counsel for Globalstar) Josh L. Roland (Counsel for Globalstar) Nathan Mitchler (Counsel for Globalstar) de—475305


Document Created: 2007-02-01 12:32:22
Document Modified: 2007-02-01 12:32:22
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