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2008-05-20

This document pretains to SES-AMD-20070907-01253 for Amended Filing on a Satellite Earth Station filing.

IBFS_SESAMD2007090701253_643413

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the matter of ) | ) File No. SES—AMD—20070723—00978 TerreStar Networks Inc. ) File No. SES—AMD—20070907—01253 REPLY Inmarsat Global Limited ("Inmarsat") replies to the Consolidated Response and Opposition ("Opposition") of TerreStar Networks Inc. ("TerreStar"). As Inmarsat explained in its Comments, TerreStar‘s brief description of its ground spare plans does not provide certainty that TerreStar will satisfy the ATC gating requirement that it have a ground spare fully constructed within one year of commencing ATC operations. Moreover, "[g)ranting ATC authority before TerreStar has fully satisfied the ground spare requirement would undermine the fundamental policy rationale for this gating criterion (providing redundancy to ensure continuous service to the public), and would call into question whether TerreStar‘s planned ATC operations are in fact ancillary to its planned MSS service."‘ TerreStar responds by incorporating by reference the information about its ground spare contained in its recent Form 10—K filed with the Securities and Exchange Commission." 393 TerreStar is mistaken that this cross—reference renders "moot‘"" the issues raised in Inmarsat‘s Comments. Commussion policy is clear that the limited information TerreStar provides in its Opposition is not dispositive of whether TerreStar has satisfied the ground spare requirement. Specifically, in developing its ATC licensing frémework, the Commission rejected the ‘ Comments of Inmarsat Global Limited at 4. * Consolidated Response and Opposition of TerreStar Networks Inc. at 4—5. Id. at 5.

suggestion that providing a copy of a construction contract for a spare satellite, or certifying to the scheduled completion date, would be a "conclusive demonstration" of compliance with the ground spare gating criterion." Indeed, the Commission expressly "reserve[d] the right to require additional detail and certainty. ° Consistent with Commission precedent in the milestone context, the Commussion should look beyond the assertions made by TerreStar and carefully review a complete, unredacted copy of the construction contract® in order to make its own conclusions about the adequacy of TerreStar‘s efforts toward satisfying the ground spare gating criterion. Furthermore, the Commission should re\}iew the actual progress made by the manufacturer toward completing construction in a timely fashion (not just information on payments made). In this way, the Commission can confirm whether TerreStar will in fact soon satisfy the ground spare gating criterion. Respectfully submitted, Diane J. Cornell Jokn PUJanka Vice President, Government Affairs Jeffrey A. Marks INMARSAT, INC. LATHAM & WATKINS LLP 1101 Connecticut Avenue, NW 555 Eleventh Street, N.W. Suite 1200 Suite 1000 Washington, DC 20036 Washington, D.C. 20004 Telephone: (202) 248—5155 Telephone: (202) 637—2200 May 20, 2008 Flexibilityfor Delivery of Communications by Mobile Satellite Service Providers in the 2 GHz Band, 20 FCC Red 4616, 4649—50, € 88—90 & n.211 (2005). °_ 1d The version of the contract that TerreStar cross—references is heavily redacted, omitting literally hundreds of pages in the aggregate.

CERTIFICATE OF SERVICE I, Jeffrey A. Marks, hereby certify that on this 20day of May, 2008, I caused to be served a true copy of the foregoing Reply by first class mail, postage prepaid, upon the following: Henry Goldberg Douglas I. Brandon Joseph A. Godles Vice President for Regulatory Affairs Laura A. Stefani TerreStar Networks Inc. Thomas S. Tycz 12010 Sunset Hills Road, 9°" Floor Goldberg, Godles, Wiener & Wright Reston, VA 20191 1229 Nineteenth Street, NW Washington, DC 20036 Counselfor TerreStar Networks Inc. Suzanne Hutchings Malloy Cheryl A. Tritt Peter Corea Morrison & Foerster LLP ICO Global Communications G.P. 2000 Pennsylvania Ave., NW, Suite 5500 815 Connecticut Avenue, NW, Suite 610 Washington DC 20006 Washington, DC 20006 Counselfor ICO Global Communications G.P. Lawrence R. Krevor Regina M. Keeney _ Vice President—Spectrum Charles W. Logan Trey Hanbury Stephen J. Berman Director, Government Affairs Lawler, Metzger, Milkman & Keeney, LLC Sprint Nextel Corporation Washington, DC 20006 2001 Edmond Halley Drive Counselfor Sprint Nextel Corporation Reston, VA 20191 David L. Donovan Marsha J. McBride Bruce Franca Lawrence A. Walke Assoc. for Maximum Service Television, Inc. National Association of Broadcasters 4100 Wisconsin Ave., NW 1771 N Street, NW Washington, DC 20016 Washington, DC 20036 Jonathan D. Blake Brandon D. Almond Covington & Burling LLP 1201 Pennsylvania Ave, NW Washington, DC 20004—2401 Counselfor MSTV and NAB M% (aA Jfre. Marks


Document Created: 2008-05-21 12:09:53
Document Modified: 2008-05-21 12:09:53
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