Attachment ex parte

ex parte

Ex PARTE PRESENTATION NOTIFICATION LETTER submitted by Inmarsat Ventures Limited

ex parte

2006-10-17

This document pretains to SES-AMD-20060804-01310 for Amended Filing on a Satellite Earth Station filing.

IBFS_SESAMD2006080401310_532196

555 Eleventh Street, N.W., Suite 1000 Washington, D.C. 20004—1304 Tel: (202) 637—2200 Fax: (202) 637—2201 " www.lw.com ' FIRM / AFFILIATE OFFICES LATH AM&WAT K l N S LLP ' Brussels New York . Chicago Northern Virginia Frankfurt Orange County Hamburg Paris Hong Kong San Diego London San Francisco Los Angeles Shanghai October 17, 2006 Milan Silicon Valley — . Moscow Singapore Marlene Dortch, Secretary . & £20. Munich New Jersey Tokyo Washington, D.C. Federal Communications Commission 445 12th Street, N.W. Washington, DC 20554 Re: Telenor Satellite, Inc., File No. SES—MFS—20060725—01253; File No. SES—AMD—20060804—01310 Written Ex Parte Submission — Dear Ms. Dortch: Inmarsat files this ex parte submission to correct the record with respect to certain statements made by MSV in its October 3, 2006 Reply in this proceeding, which involves Telenor‘s application to communicate with the Inmarsat—3 satellite ("I—3") at 142° W.L. using only C—Band and GPS frequencies. ' At the outset, Inmarsat is pleased that MSV acknowledges that the current dispute in the L—Band is of no relevance to Telenor‘s application, which does not seek to use L—Band spectrum.‘ While MSV continues to raise L—Band issues in its Reply, these issues have no bearing on Telenor‘s application, and provide no basis to delay or condition grant, as MSV requests. Moreover, MSV ‘s recitation of the history of recent efforts to coordinate Inmarsat‘s and MSV‘s L—Band operations is woefully incomplete," and fails to provide an accurate description of recent coordination efforts. Furthermore, the fact that the parties have been unable to complete coordination does not, as a matter of law, preclude Inmarsat from going > forward with the operation of its satellite business, including the replacement earlier this year of a failing Inmarsat—2 satellite at 142° W.L. with the I—3 satellite that is the subject of Telenor‘s application. Indeed, Commission policy and precedent are clear that that completion of coordination is not a condition precedent to (or a quidpro quo for) issuance of an authorization to provide MSS in the United States." The multi—year stalemate in the L—Band has left Inmarsat \ MSV Reply at 2. * Id. at 3—5. 3 Establishment ofPolicies and Service Rules for MSS in the 2 GHz Band, 15 FCC Red 16127, 16192 [ 148—49 (2000); SatCom Systems, Inc., 14 ECC Red 20798, 20813 «[ 30 (1999); DC\925795.1

Ms. Mariene Dortch October 17, 2006 Page 2 "LATHAMSWATKINS= with no choice but to operate, as MSV recognizes, "at less—than—planned technical parameters,"" to ensure operations on a non—harmful interference basis pending completion of coordination. Inmarsat has successfully operated on a non—harmful interference basis, and intends to continue to do soabsent a new coordination agreement. Furthermore, to avoid any doubt, and contrary to MSV‘s claims," I—3 always was, and remains, an MSS spacecraft that provides valuable L—Band MSS to U.S. government and other users, including service to ships and aircraft in and over the Pacific Ocean Region. That Telenor seeks authority to use only C—Band and GPS spectrum in this particular application does not change the fundamental nature of I—3 as an MSS spacecraft. MSV‘s suggestion that I—3 must comply with FSS station—keeping rules because Telenor‘s application does not seek to use L— Band spectrum, therefore, has no merit whatsoever. Obviously, Inmarsat cannot be required to alter the station—keeping of I—3 based on the spectrum segments used by a single earth station in Santa Paula, California. Because I—3 is, and always has been, an MSS spacecraft, Telenor is not required to seek a waiver of the Commission‘s station—keeping rules that apply to FSS spacecraft. For the foregoing reasons, and as set forth in Inmarsat‘s prior pleading in this proceeding, the Commission should grant Telenor‘s application without delay. Please contact the undersigned if you have any questions regarding this matter. Sincerely yours, John P. Janka Jeffrey A. Marks Amendment ofthe Commission‘.‘s Rules to Establish Rules and Policies Pertaining to MSS in the 1610—1626.5/2483.5—2500 MHz Frequency Bands, 9 FCC Red 5936, 6018 [ 211 (1994) AMSC Sub. Corp., 8 FCC Red 4040, 4043 «[ 17 (1993). Contrary to MSV‘s clalm, MSV Reply at 4, Inmarsat‘s operation of multiple satellites with global beams does not increase Inmarsat‘s demand for global spectrum. Using the same spectrum bands on multiple satellites satisfies Commission policies by leading to more intensive spectrum reuse, and thus more efficient use of spectrum. MSV Reply at 8 (wrongly claiming that "the Inmarsat 3F4 satellite will operate only in the [FSS], not the MSS"). DC\925795.1

CERTIFICATE OF SERVICE I, Jeffrey A. Marks, hereby certify that on this 17th day of October, 2006, I caused to be served a true copy of the foregoing by first class mail, postage pre—paid (or as otherwise _ indicated) upon the following: James Ball* _ Stephen Duall* International Bureau International Bureau Federal Communications Commission Federal Communications Commission 445 12" Street, S.W. . 445 12"" Street, S.W. Washington, DC 20554 Washington, DC 20554 JoAnn Ekblad* Richard Engelman* International Bureau International Bureau Federal Communications Commission Federal Communications Commission 445 12"" Street, S.W. 445 12"" Street, S.W. ~ Washington, DC 20554 Washington, DC 20554 Gardner Foster*® Howard Griboff* International Bureau International Bureau Federal Communications Commission Federal Communications Commission 445 12" Street, S.W. 445 12"" Street, S.W. Washington, DC 20554 Washington, DC 20554 Fern Jarmulnek* Andrea Kelly* _ International Bureau International Bureau Federal Communications Commission Federal Communications Commission 445 12"" Street, S.W. 445 12"" Street, S.W. Washington, DC 20554 Washington, DC 20554 Karl Kensinger* Scott Kotler*® International Bureau International Bureau Federal Communications Commission Federal Communications Commission 445 12"" Street, S.W. 445 12"" Street, S.W. Washington, DC 20554 Washington, DC 20554 John Martin* Robert Nelson* International Bureau International Bureau Federal Communications Commission Federal Communications Commission 445 12"" Street, S.W. 445 12"" Street, S.W. Washington, DC 20554 Washington, DC 20554 DC\I25795.1

Roderick Porter* Cassandra Thomas* International Bureau International Bureau . Federal Communications Commission Federal Communications Commission > 445 12"" Street, S.W. 445 12"" Street, S.W. _ Washington, DC 20554 Washington, DC 20554 Keith H. Fagan Jennifer A. Manner Senior Counsel Vice President, Regulatory Affairs . TELENOR SATELLITE, INC. Mobile Satellite Ventures Subsidiary LLC 1101 Wootton Parkway 10802 Park Ridge Boulevard 10th Floor Reston, Virginia 20191 Rockville, MD 20852 Bruce D. Jacobs David S. Konczal Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, NW. Washington, DC 20037—1128 Counselfor MSV d MA *Via Electronic Mail Je%‘ef W Marks DC\925795.1


Document Created: 2006-10-17 19:37:34
Document Modified: 2006-10-17 19:37:34
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