12-11-08 Narrative.p

ERRATA, ERRATUM OR ADDENDUM submitted by SkyTerra Subsidiary LLC

Corrected Narrative

2008-12-11

This document pretains to SES-AMD-20081210-01590 for Amended Filing on a Satellite Earth Station filing.

IBFS_SESAMD2008121001590_683571

                                BEFORE THE
                     FEDERAL COMMUNICATIONS COMMISSION
                            WASHINGTON, D.C. 20554



In the Matter of                                   )
                                                   )
Mobile Satellite Ventures Subsidiary LLC           )
                                                   )
Application for Minor Modification of Space        ) File No. _______________________
Station License (AMSC-1)                           )
                                                   )
Application for Minor Modification of Space        ) File No. _______________________
Station License (MSV-1)                            )
                                                   )
Application for Minor Modification of Blanket      ) File No. _______________________
License to Operate Mobile Earth Terminals          )
(MSAT-1)                                           )


         AMENDMENT AND REQUEST FOR EXPEDITED CONSIDERATION

       SkyTerra Subsidiary LLC (“SkyTerra”)1 hereby amends its pending modification

applications to its ATC authorization2 and seeks waivers of certain technical rules applicable to

its Ancillary Terrestrial Component (“ATC”) license to reflect the multilateral coordination

agreement executed by and among SkyTerra, SkyTerra (Canada) Inc. (“SkyTerra Canada”),3 and

Inmarsat Global Limited (“Inmarsat”), ITU Region 2 Mobile Satellite Service (“MSS”) L-band




1
      Mobile Satellite Ventures Subsidiary LLC has changed its name to SkyTerra Subsidiary
LLC and has separately filed a letter notifying the Commission.
2
       SkyTerra hereafter refers to these three applications collectively as the “ATC
Modification Application.” See File Nos. SAT-MOD-20051104-00211, SAT-MOD-20051104-
00212, SES-MOD-20051110-01561.
3
       Mobile Satellite Ventures (Canada) Inc. has changed its name to SkyTerra Canada.


operators.4 For the most part, the limits in the existing L-band ATC rules were established to

permit ATC operations to coexist with Inmarsat services in the absence of coordinated operating

parameters, and the need for such rules has now been eliminated by the coordination agreement.

The negotiated operating terms and parameters provide greater flexibility for system deployment,

increased spectrum efficiency in the L band, and vastly improved measures to control and

mitigate interference than strict application of the FCC’s rules. As the Commission has

recognized in the ATC rulemaking and other proceedings, intersystem interference concerns are

best managed through coordination among the affected operators. With respect to those

technical rules designed to protect other services, SkyTerra affirms its commitment to adhere to

those rules and, where applicable, proposes to take extra measures to coordinate with affected

services and reduce the potential for interference.

         By granting this application, SkyTerra will be able to put substantial additional spectrum

capacity to work for United States consumers in both rural and urban areas, providing new and

advanced services and allowing for additional competition in the concentrated wireless industry.

Moreover, SkyTerra’s hybrid MSS/ATC system will provide a reliable, interoperable, and

redundant communications infrastructure, which is critical for national security and during times

of disaster. For these reasons, SkyTerra submits that grant of the waiver requests and

modification of SkyTerra’s ATC license would serve the public interest.

                                            Background

         In February 2003, in response to SkyTerra’s pioneering 2001 application to provide ATC,

the Commission in a unanimous decision issued rules permitting MSS licensees to integrate ATC



4
          Skyterra Communications Inc., the ultimate parent company of SkyTerra, is also a party
    to the coordination agreement.


                                                  2


into their satellite systems.5 In that landmark decision, the Commission hailed the value of ATC,

finding that the expanded authority would promote the efficient use of MSS spectrum,6 allow

MSS providers to offer ubiquitous service by overcoming coverage gaps in densely populated

areas,7 achieve economies of scale that would dramatically reduce the cost of MSS equipment

and service,8 promote public safety and national security,9 and increase competition.10 On

reconsideration in 2005, the Commission again unanimously affirmed those conclusions.11

       Since the Commission’s decisions in its four-year rulemaking proceeding, the benefits of

ATC have been increasingly recognized globally. The European Union has approved its own

form of ATC, referred to as Complimentary Ground Component,12 and the 2007 World




5
       See Flexibility for Delivery of Communications by Mobile Satellite Service Providers in
the 2 GHz Band, the L-Band, and the 1.6/2.4 GHz Bands, 18 FCC Rcd 1962 (2003) (“ATC
Order”).
6
       See id. at ¶¶ 1, 18-22.
7
       See id. at ¶¶ 1, 23.
8
       See id. at ¶ 1.
9
       See id. at ¶¶ 1, 28-29.
10
       See id. at ¶¶ 1, 24, 30-32.
11
       See Flexibility for Delivery of Communications by Mobile Satellite Service Providers in
the 2 GHz Band, the L-Band, and the 1.6/2.4 GHz Bands, Memorandum Opinion and Order and
Second Order on Reconsideration, 20 FCC Rcd 4616, at ¶ 9 (2005) (“ATC Reconsideration
Order”).
12
       ECC Decision of 1 December 2006 on the designation of the bands 1980-2010 MHz and
2170-2200 MHz for use by systems in the Mobile-Satellite Service including those supplemented
by a Complementary Ground Component (CGC) (ECC/DEC/(06)09).


                                                3


Radiocommunication Conference officially acknowledged the global benefits of the deployment

of integrated MSS/ATC systems.13

       L-band ATC Rules. The Commission in its ATC rulemaking adopted “a flexible set of

technical rules that would prevent harmful interference while permitting the rapid and

economically efficient development of ATC.” ATC Reconsideration Order, at ¶ 37; see also

ATC Order, at ¶¶ 103-206. In the L band, the Commission adopted specific rules to protect

Inmarsat satellites from potential uplink interference that might be caused by user terminals on

SkyTerra’s network and to protect Inmarsat’s mobile terminals from potential interference

caused by ATC base stations.14 The Commission also imposed other technical requirements to

protect non-MSS services, such as Radionavigation Satellite Service (“RNSS”) or Global

Positioning System (“GPS”), Search-and-Rescue Satellite (“SARSAT”) Service, and Mobile

Aeronautical Telemetry (“MAT”).15

       SkyTerra’s ATC Authorization and Pending Modification Application. On November 8,

2004, the International Bureau granted the first-ever ATC authorization to SkyTerra.16 SkyTerra



13
        Meeting of Working Party 4B, Sept. 24-Oct. 1, 2008, Working Document Towards a
Preliminary Draft New Report or Recommendation on Network Architectures, Applications and
Performance for Integrated Systems Operating within the Mobile-Satellite Service in the 1-3
GHz Bands (Working Party 4B, Annex 12 to Document 4B/51-E) (Oct. 22, 2008), available at
http://www.itu.int/md/R07-WP4B-C-0051/en; see also Int’l Telecomm. Union, Final Acts –
WRC-07, at 531 (2007) (Recommendation 206), available at
http://www.aph.gov.au/house/committee/JSCT/16september2008/treaties/radio_text.pdf.
14
       ATC Order, at ¶ 131.
15
       See, e.g., 47 C.F.R. § 25.216, § 25.253(c).
16
       See Mobile Satellite Ventures Subsidiary LLC Application for Minor Modifications of
Space Station License for AMSC-1; Minor Amendment to Application for Authority to Launch
and Operate a Next-Generation Replacement MSS Satellite, Application for Minor Modification
of Blanket License for Authority to Operate Mobile Earth Terminals with MSAT-1, 19 FCC Rcd
22144, at ¶¶ 18-26 (2004) (“SkyTerra ATC Decision”).

                                                4


still requires the following waivers of, or variances from, the Commission’s rules that were

granted pursuant to that application:

              •   authority to use a link-margin booster in conjunction with ATC terminals used
                  with current generation satellites (id. at ¶¶ 19-21, 95(g)-(h)); and
              •   authority to initiate ATC services without constructing a new satellite of the same
                  design as the current generation in-orbit satellites (id. at ¶¶ 22-25).

The approval SkyTerra requests here will effectively supersede two already-approved waivers:

              •   authority to deploy ATC capable of supporting CDMA and GSM air interface
                  protocols (SkyTerra ATC Decision, at ¶¶ 85-91, 95(i)); and
              •   authority to increase co-channel reuse to the extent SkyTerra submits test data
                  demonstrating that the spatially-averaged antenna gain of its ATC terminals is
                  less than 0 dBi in the direction of co-channel satellites (id. at ¶¶ 52-56, 95(f)).

          On February 25, 2005, the Commission released a decision providing additional

flexibility for L-band MSS operators to reuse their coordinated spectrum.17 SkyTerra

subsequently filed the captioned applications to modify its ATC license, seeking authorization

consistent with the 2005 ATC Reconsideration Order and other relevant relaxations including

TDD authority.18

          Multilateral Coordination Agreement. Following years of negotiations and months of

careful technical collaboration, Inmarsat, SkyTerra, and SkyTerra Canada on December 20, 2007



17
            See ATC Reconsideration Order, at ¶¶ 37-51 (authorizing additional uplink flexibility);
     id. at ¶¶ 53-65 (authorizing additional downlink flexibility); see also 47 C.F.R. § 25.253(a)
     (codifying additional uplink flexibility); 47 C.F.R. § 25.253(d), (e) (codifying additional
     downlink flexibility). This application is based on these modified rules as well as the other,
     current rules.
18
          See ATC Modification Application, at 7-8. The application sought waivers of certain
     operating values specified in 47 C.F.R. § 25.253 and clarification that SkyTerra is permitted to
     deploy ATC base station antennas with less than five degrees of down-tilt. SkyTerra no longer
     seeks to deploy TDD in the 1.5 GHz portion of the L band. See ATC Modification Application,
     Technical Appendix, at 3.


                                                     5


reached a multilateral coordination agreement that allows increased and more efficient use of the

L-band spectrum resource among the satellite systems licensed by the United Kingdom, the

United States, and Canada, respectively. This cooperative agreement defines mutually

acceptable technical and operating rules for all parties, including final agreement on all terms

necessary for SkyTerra to proceed with ATC deployment as proposed in this application. The

agreement also provides certainty in other matters that are crucial to long-term planning by all

parties. These matters include a highly-flexible approach to accommodating a variety of possible

deployments while maintaining acceptable interference levels, a phased process for

implementation, a mechanism for further optimization through additional coordination, and

procedures to ensure compliance.

                                            Discussion

       The instant application amends SkyTerra’s pending ATC Modification Application to

reflect the multilateral coordination agreement executed by and among SkyTerra, SkyTerra

Canada, and Inmarsat. The coordination agreement eliminates the need to comply with certain

ATC technical rules that were established to apply in the absence of such an agreement.19 Some



19
        See infra note 41. SkyTerra will continue to comply with the out-of-band emission limits
to protect RNSS/GPS as reflected in the SkyTerra ATC Decision, at ¶ 95; specifically:

       (c) [SkyTerra] shall ensure that the EIRP density of emissions from its ATC
           base stations do not exceed -100 dBW/MHz EIRP in the 1559-1610 MHz
           band, averaged over any two-millisecond interval, and that the EIRP of
           discrete ATC base-station emissions of less than 700 Hz bandwidth do not
           exceed -110 dBW in that band, averaged over any two-millisecond
           interval. These EIRP limits apply to ATC base stations that employ either
           Time Division Multiple Access (TDMA) or Code Division Multiple
           Access (CDMA) and apply to the total EIRP within any ATC base-station
           sector. [SkyTerra] shall also ensure that all mobile terminals accessing its
           ATC network restrict the EIRP density of emissions in the 1559-1605
           MHz band to -90 dBW/MHz or less averaged over two-millisecond
           interval, restrict the EIRP of discrete emissions of less than 700 Hz

                                                 6


of the agreed-upon coordination parameters can be implemented without FCC action because the

applicable FCC rules permit operators to supersede those rules via coordination. Pursuant to

Sections 25.149(a)(2) and 25.253(a)(4), SkyTerra’s ATC operations will at all times be limited to

the frequency assignments authorized and internationally coordinated for its MSS system.20

Pursuant to the Commission’s ATC rules, the coordination agreement automatically supersedes

the specified uplink limits.21 Similarly, the parties’ agreement satisfies the requirement for

SkyTerra to give notice to and seek coordination with Inmarsat regarding ATC base station

locations, pursuant to Section 25.253(h).



           bandwidth to -100 dBW in that band averaged over any two-millisecond
           interval, restrict the EIRP density of emissions in the 1605-1610 MHz
           band to a level determined by linear interpolation from -90 dBW/MHz at
           1605 MHz to -66 dBW/MHz at 1610 MHz, averaged over any two-
           millisecond interval, and restrict the EIRP of discrete emissions of less
           than 700 Hz bandwidth in the 1605-1610 MHz band to a level determined
           by linear interpolation, from -100 dBW at 1605 MHz to -76 dBW at 1610
           MHz, averaged over any two-millisecond interval. Further, [SkyTerra]
           shall ensure that all new mobile terminals placed in service more than five
           years after it commences ATC operation restrict the EIRP density of
           emissions in the 1605-1610 MHz band to a level determined by linear
           interpolation from -95 dBW/MHz at 1605 MHz to -71 dBW/MHz at 1610
           MHz, averaged over any two-millisecond interval, and restrict the EIRP of
           discrete emissions of less than 700 Hz bandwidth to a level determined by
           linear interpolation from -105 dBW at 1605 MHz to -81 dBW at 1610
           MHz, averaged over any two-millisecond interval.

       (d) [SkyTerra] shall ensure that test results demonstrating compliance with the
           foregoing limits on emissions in the 1559-1610 MHz band are included in
           any application for equipment authorization pursuant to 47 C.F.R. Part 2
           and § 25.149(c) for mobile terminals that would be used to communicate
           via [SkyTerra’s] ATC network.
20
      ATC deployments will be pursuant to the spectrum plan coordinated in the multilateral
agreement rather than the spectrum segments identified in SkyTerra’s pending application.
21
       Subsections 25.253(a)(2) and (3) each provide, in relevant part, “[a]ny future
coordination agreement between the parties governing ATC operation[s] will supersede this
paragraph.”

                                                 7


       In other cases, the ATC rules appear to require SkyTerra to seek a waiver. Accordingly,

SkyTerra seeks waiver of those rules, as follows:

       •       Section 25.253(b) limits the out-of-channel emissions (“OOCE”) of ATC base
               stations. SkyTerra proposes that the Commission specify that, as determined by
               the parameters and models agreed to in the coordination agreement: (1) the total
               power flux spectral density (PFSD) from BTS22 emissions in the 1.5 GHz band
               that are calculated to be receivable at an AES receiver at an altitude of 100 meters
               or greater from Earth’s surface shall not exceed -187.27 dBW/m2-Hz at a spectral
               offset of 2 MHz from the nominal edge of spectrum used for ATC;23 (2) the total
               PFSD from any single ATC BTS sector within 1300 meters of an airport (as
               defined in the coordination agreement) that are calculated to be receivable at an
               AES receiver, when on the ground on a runway or aircraft stand area of such an
               airport, shall not exceed -181.27 dBW/m2-Hz at a spectral offset of 2 MHz from
               the nominal edge of spectrum used for ATC; and (3) the total PFSD from any
               single ATC BTS sector within 1300 meters of a navigable waterway24 that are
               calculated to be receivable at an MES receiver on such a navigable waterway
               shall not exceed -181.27 dBW/m2-Hz at a spectral offset of 1 MHz from the
               nominal edge of spectrum used for ATC, with compliance determined pursuant to
               the coordination agreement. In cases (2) and (3), the total PFSD from any single
               BTS sector is the sum of all PFSD values associated with all carriers in any single
               ATC BTS sector in the 1.5 GHz frequency band. In addition, the maximum
               calculated OOCE would be -32.4 dBW/MHz PSD at 1 MHz from the nominal
               edge of ATC spectrum and -39.4 dBW/MHz PSD at 2 MHz from the nominal
               edge of ATC spectrum. For BTS installations these OOCE limits are based on a
               maximum EIRP of 42 dBW per sector and an EIRP in any 1 MHz segment of 32
               dBW/MHz regardless of the number of carriers and the bandwidth of each carrier.
               The maximum calculated OOCE would be -51.4 dBW/MHz PSD for microcells


22
        A BTS comprises a standard power base station with a maximum EIRP of 42 dBW per
sector. A microcell is a base station with EIRP between -4 and 10 dBW/MHz, whether deployed
indoors or outdoors. A femtocell is a base station deployed indoors with less than -4 dBW/MHz
EIRP. Aircraft Earth Station (“AES”) interference calculations include microcells and
femtocells by counting as a BTS an equivalent number of such cells that collectively produce the
same level of emissions as a single standard power base station, as shown in the coordination
agreement.
23
        Nominal edge of ATC spectrum means any edge of a contiguous spectrum block
allocated to ATC as defined in the agreement. It is not based on the spectral characteristics of
the ATC carrier.
24
       The definition of “Navigable Waterways,” as specified in the coordination agreement, is
provided in Attachment 1. The listing of U.S. commercial ports continues to be discussed with
the United States Coast Guard (USCG) and may be modified.


                                                 8


              and -55.4 dBW/MHz for femtocells at 2 MHz from the nominal edge of ATC
              spectrum.25 The permitted OOCE for a BTS or outdoor microcell installation
              within 1300 meters of an airport or navigable waterway would be reduced as
              necessary to comply with the reduced power levels specified for such cases in the
              models and tables in the coordination agreement. A BTS or outdoor microcell on
              or within 500 meters of bridges (but not near airports), indoor microcells and
              femtocells would be exempt from these limits.26 BTS and outdoor microcell
              installations on bridges near airports, however, would be subject to more rigorous
              restrictions, as detailed in the coordination agreement and its models and tables.

       •      Sections 25.253(d)(1)-(4) establish limits on ATC base station EIRP. SkyTerra
              plans to have up to two 10 MHz or four 5 MHz bandwidth carriers/sector in a
              BTS sector. However, the coordination agreement allows different emission
              bandwidths to be deployed, in which case, the number of carriers may vary.
              SkyTerra proposes the Commission specify that, consistent with the parameters
              and models agreed to in the coordination agreement, no ATC BTS shall exceed a
              maximum average EIRP of 42 dBW per BTS sector in the 1.5 GHz band and the
              total EIRP in any 1 MHz segment shall not exceed 32 dBW/MHz regardless of
              the number of carriers and the bandwidth of each carrier. Furthermore, the total
              PFD from BTS emissions in the 1.5 GHz band that is calculated to be receivable
              at an AES receiver at an altitude of at least 100 meters from the Earth’s surface
              shall not exceed -26.8 dBW/m2, with compliance determined according to the
              coordination agreement. This limit of -26.8 dBW/m2 is based on Inmarsat
              modifying its aeronautical terminals to increase their resiliency by at least 30 dB,
              so that the overload threshold of such devices is not less than -26.8 dBW/ m2.

       •      Section 25.253(d)(5) establishes PFD limits for base stations in the vicinity of
              airport runways and stand areas. SkyTerra proposes that the Commission specify
              that, consistent with the parameters and models agreed to in the coordination
              agreement, the total PFD from any single ATC BTS sector within 1300 meters of
              an airport that is calculated to be receivable at an AES receiver, when on the
              ground on a runway or aircraft stand area at such airport, shall not exceed -26.8
              dBW/m2, with compliance determined pursuant to the coordination agreement.
              This limit of -26.8 dBW/m2 is based on Inmarsat modifying its aeronautical
              terminals to increase their resiliency by at least 30 dB, so that the overload
              threshold of such devices is not less than -26.8 dBW/m2. In this case and the case
              immediately below (for Sections 25.253(d)(6)-(7)), the total PFD is the sum of all
              PFD values in any single ATC BTS sector in the 1.5 GHz frequency band.


25
        These OOCE limits are based on a maximum EIRP of 10 dBW/MHz for microcells
station and -4 dBW/MHz for femtocells. See note 22, supra.
26
       A microcell or femtocell in or near airports would operate with 0 dBW EIRP or less when
within 50 meters from runways and stand areas and with 6 dBW EIRP or less when at greater
distances than 50 meters from runways and stand areas.


                                                9


           SkyTerra also seeks waiver, to the extent necessary, to permit it to implement,
           consistent with the parameters and models agreed to in the coordination
           agreement, special coordination procedures with Inmarsat in order to provide
           coverage within buildings adjacent to airports, runways and aircraft stand areas
           using microcells and femtocells.27

     •     Sections 25.253(d)(6)-(7) establish PFD limits for base stations in the vicinity of
           navigable waterways. SkyTerra seeks waiver to specify that, consistent with the
           parameters and models agreed to in the coordination agreement, the total PFD
           from any single ATC BTS sector within 1300 meters of a navigable waterway
           that is calculated to be receivable at an MES receiver on such navigable waterway
           shall not exceed -34.6 dBW/m2, with compliance determined pursuant to the
           coordination agreement. This limit of -34.6 dBW/m2 is based on Inmarsat
           replacing or modifying its maritime terminals installed on vessels to increase their
           resiliency by at least 30 dB, so that the overload threshold of such devices is not
           less than -34.6 dBW/m2. SkyTerra also seeks waiver, to the extent necessary, to
           permit it to implement, consistent with the parameters and models agreed to in the
           coordination agreement, special coordination procedures with Inmarsat in order to
           provide coverage of bridges over navigable waterways such that interference to
           vessels is reasonably comparable to blockage otherwise experienced due to their
           passing under the bridge superstructure.

     •     Sections 25.253(d)(8) and (e) require base stations to use left-hand-circular
           polarization antennas with a maximum gain of 16 dBi and overhead gain
           suppression according to a specified table. SkyTerra seeks waiver to permit its
           operation of BTSs, microcells and femtocells with the more precise and flexible
           operating metrics for base station emissions specified in the coordination
           agreement.

     •     Section 25.253(g)(1) limits peak EIRP and out-of-channel-emissions for ATC
           mobile terminals. SkyTerra seeks waiver to permit it to deploy user terminals
           with different EIRP, provided that operation of its MSS/ATC system at all times
           remains compliant with the agreed Delta T/T limits specified in the coordination
           agreement. SkyTerra also seeks waiver of this rule to permit an OOCE limit for
           user terminals of -58 dBW/4kHz per terminal at a 1 MHz offset from the edge of
           the spectrum used for ATC. The maximum power of such devices shall be no
           more than 6 dBW.

     •     Section 25.253(f)(1) requires coordination of ATC base stations that are within 27
           km or radio horizon of SARSAT receivers, whichever is less. To avoid
           interference to SARSAT receivers as a result of operations pursuant to the
           coordination agreement, SkyTerra proposes that every BTS within 80 km or radio


27
     Id.


                                            10


               horizon of a SARSAT receiver, whichever is less, be coordinated with that
               SARSAT receiver. Similarly, every outdoor microcell that is within 45 km or
               radio horizon of a SARSAT receiver, whichever is less, will be coordinated with
               that SARSAT receiver.28 To the extent necessary, SkyTerra seeks waiver of
               Section 25.253(f)(1).29

       •       The FCC’s rules permit the use of air interface protocols other than a standard
               GSM protocol, provided an applicant shows that such operations would produce
               no more interference than a standard GSM network operating in compliance with
               the requirements of Section 25.253.30 SkyTerra’s pending ATC Modification
               Application requested certain flexibility to deploy different air interfaces.31
               SkyTerra now seeks authority to operate with any air interface protocol, as long as
               such operations conform to the agreed parameters in the coordination agreement,
               including at least 6 dB of power control.32 To the extent necessary, SkyTerra
               seeks waiver of any applicable requirement.

       SkyTerra proposes that these new limits be made a condition of the requested waivers.

Equipment certification of SkyTerra’s base stations would include calculation of the OOCE

EIRP level based on the power measured at the output of the transmitter, to ensure consistency

with the new limits. To the extent the BTS equipment is capable of exceeding these OOCE

limits at certain power levels, it is permitted nonetheless to be certified as compliant so long as

the tests demonstrate the power level at which the equipment complies with the OOCE limits and



28
       Indoor microcells and femtocells would not be subject to coordination with SARSAT
receivers.
29
        Section 25.253(f)(2) requires that an MSS/ATC licensee take all practicable steps to
avoid locating base stations within radio line of sight of MAT receivers and coordinate all base
stations that are within radio line of sight. SkyTerra does not seek waiver of this requirement but
acknowledges that its higher power ATC operations, pursuant to the coordination agreement,
must be considered in the coordination of BTS installations with MAT receivers.
30
       See, e.g., SkyTerra ATC Order, at ¶ 85; ATC Reconsideration Order, at ¶ 74.
31
       See ATC Modification Application, Narrative, at 1 and Table 2.
32
        To the extent that SkyTerra deploys an air interface protocol with less than 6 dB of power
control, it should be permitted to do so without further waiver as long as it reduces BTS power
accordingly, as provided in the coordination agreement.


                                                 11


the certification states that the equipment may not be operated above such level. Microcells,

femtocells and user devices would also undergo standard FCC equipment certification to

demonstrate their compliance with applicable limits.33

       As the ATC network is deployed, SkyTerra will submit periodic certifications to the

Commission indicating its compliance with the rules, including semi-annual reports providing

information on all non-exempt base stations near navigable waterways or airports brought into

service over the prior six months.34 Specifically:

       •       For each market35 the operator will submit a deployment report to the FCC every
               six months after ATC network deployment begins. The report will identify the
               location of new BTS and microcell installations, the cumulative number of such
               installations, the average antenna downtilt; and the average EIRP of a sector.36
               The operator will maintain individual BTS and microcell records.



33
        As noted above, SkyTerra is already required to ensure through the FCC equipment
certification process that its user terminals comply with the applicable OOCE limits for
emissions into the 1559-1610 MHz band. In support of the requested waivers, SkyTerra would
also undertake to ensure, through the equipment certification process, that all user devices
comply with the applicable limits set forth herein.
34
       SkyTerra will notify the Spectrum Management Division of the United States Coast
Guard at least six months prior to operation of ATC base stations in a market that contains
navigable waterways and update that notice to the extent that additional base stations are
deployed in those markets within 1300 meters of a navigable waterway. Such notice will include
predicted contours of interference to Inmarsat terminals which do not meet the resiliency
requirements described previously and, in the case of base stations near bridges, predicted
contours of interference to Inmarsat terminals which do meet the resiliency requirements
described previously. To the extent that the United States Coast Guard has concerns that any of
the ATC base stations near bridges will create interference that will exceed what is reasonably
comparable to blockage otherwise experienced due to a vessel passing under the bridge
superstructure, SkyTerra will coordinate deployment of those base stations with the Coast Guard.
35
      Market is defined as one contiguous geographic area with a radius of no more than 71.4
km with SkyTerra defined center of coverage area.
36
        Average sector EIRP will be calculated from (i) transmitter type (including FCC
certification number); (ii) transmit carrier power setting; (iii) cabling and other losses; (iv)
transmit antenna gain; and (v) number of carriers per ATC BTS sector.


                                                  12


        •       Each semi-annual report will provide specific information regarding all BTS and
                outdoor microcell installations near airports or navigable waterways brought into
                service in the reporting period. The report will include (i) the location of such
                BTS or microcell; (ii) ground distance between the transmit antenna and the
                nearest edge of a navigable waterway, a runway or an aircraft stand area; and (iii)
                the EIRP setting of a sector facing waterways or an airport.37

        •       Each semi-annual report will include information on the coordination of SARSAT
                stations and MAT facilities.

        •       Each semi-annual report will include a specific report regarding all BTS and
                outdoor microcell installations on or near bridges over navigable waterways and
                on bridges near airports brought into service over the prior six months. Reports
                regarding such installations on bridges near airports will include (i) location of the
                station; (ii) distance between the transmit antenna and the nearest edge of a
                runway or an aircraft stand area; and (iii) the EIRP of a sector facing waterways
                or an airport.38

        The Commission may waive its rules “for good cause.”39 Good cause exists when

deviation from a rule requirement would not disserve the rule’s underlying purpose and would

better serve the public interest than strict application of the rule.40 For the most part, the limits in

the existing L-band ATC rules were established to permit ATC operations to co-exist with

Inmarsat services in the absence of coordinated operating parameters.41 The need for such rules,




37
        The EIRP shall be calculated as described in note 36, supra.
38
        Id.
39
        47 C.F.R. § 1.3.
40
      See Northeast Cellular Telephone Co., LP v. FCC, 897 F.2d 1164 (D.C. Cir. 1990) and
WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969).
41
        ATC Order, at ¶ 143 (“We believe we have accurately analyzed the potential for
interference from SkyTerra ATC transmitters to Inmarsat; however, we recognize that both
Inmarsat and SkyTerra reach somewhat different conclusions on the circumstances under which
interference would occur. . . . While we adopt rules to prevent harmful interference, we do not
intend to prohibit L-band MSS operators from agreeing to less restrictive limitations on MSS
ATC. We support and encourage private negotiations among interested parties in the band and
will consider waiver requests of these rules based on negotiated agreements.”).


                                                   13


however, has been eliminated by the coordination agreement. With respect to those technical

rules designed to protect other services, SkyTerra has affirmed its commitment to adhere to those

rules and, where applicable, proposed to take extra measures to coordinate and prevent potential

interference.

       The joint technical approach allows the parties to address real-world operating conditions

with a much greater degree of granularity than is otherwise possible through uncoordinated

operations pursuant to the technical criteria specified in the L-band ATC rules. The negotiated

technical criteria are not identical to those reflected in the FCC’s rules. Each party has made

adjustments to its interference models to better reflect interference conditions. Among other

assurances, the parties have agreed to a comprehensive and efficient methodology for

determining compliance through a set of models and calculations developed jointly by the parties

to the agreement. Taken as a whole, the parties’ joint approach to coordination and cooperation

yields greater certainty in and flexibility for system deployment, increased spectrum efficiency,

and vastly improved measures to control and mitigate interference than could be achieved

through strict application of the FCC’s existing rules. Inmarsat is contemporaneously submitting

a letter supporting grant of this application.

       The Commission has acknowledged the substantial public interest benefits of negotiated

resolution of interference issues in cases far less challenging than this.42 Moreover, in the case of

satellite services, the Commission has often insisted that the parties attempt to resolve




42
       See, e.g., In the Matter of Amendment of Parts 1, 21, 73, 74 and 101 of the Commission’s
Rules to Facilitate the Provision of Fixes and Mobile Broadband Access, Educational and Other
Advanced Services in the 2150-2162 and 2500-2690 MHz Bands, 21 FCC Rcd 5606, at ¶¶ 188-
90 (2006) (permitting BRS/EBS licensees to exceed maximum signal strength at the boundary
upon consent of the victim licensee).


                                                 14


differences consensually before it would consider intervening.43 In contrast, denial of these

waivers could lead to unnecessary costs and would limit the amount and quality of service that

could be provided.44 For all of the above reasons, the Commission should grant the requested

waivers.

       To ensure that the proposed waivers of the ATC technical rules are consistent with the

policies underlying those rules, SkyTerra requests that the Commission condition grant of this

authority as follows:45

               (i) the foregoing waivers shall remain in effect for as long as
               SkyTerra has a coordination agreement in place with Inmarsat
               relating to ATC, and (ii) SkyTerra shall be required to operate its
               ATC network in accordance with the coordination agreement it has
               in place with Inmarsat.




43
        See, e.g, 47 C.F.R. § 25.255 (requiring MSS operators to attempt private resolution of
ATC interference complaints before petitioning the FCC for resolution); see also In the matter of
Applications of Satcom Systems, Inc. and TMI Communications and Company, L.P., 14 FCC Rcd
20798, at ¶ 52 (1999) (issues concerning out-of-band emissions should first be addressed by the
parties themselves; if the parties cannot agree to a mutually acceptable solution with respect to
operations, the Commission then will become involved as necessary); Assignment of Orbital
Locations to Space Stations in the Domestic Fixed-Satellite Service, 5 FCC Rcd 179, at ¶ 32
(1990) (Commission will not become involved unless the parties are unable to reach an
agreement. If a coordination agreement between private sector parties cannot be reached after
exhaustive good faith effort, the parties may then request Commission intervention); Orion
Satellite Corp., 5 FCC Rcd 4937, at ¶ 14 (1990) (same).
44
       Cf. In the Matter of Applications of Intelsat LLC For Authority to Operate, and to
Further Construct, Launch, and Operate C-band and Ku-band Satellites that Form a Global
Communications System in Geostationary Orbit, 15 FCC Rcd 15460, at ¶ 60 (2000) (waiving
two-degree spacing rule because satellites had been coordinated and enforcement of rule would
increase interference).
45
        See In re Telesat Canada; Petition for Declaratory Ruling for Inclusion of Anik F3 on the
Permitted Space Station List, 22 FCC Rcd 588 (2007) (waiving application of technical rules as
long as spacecraft operates in accordance with (i) an international trilateral agreement among
Canada, Mexico and the United States, and (ii) current and future coordination agreements with
affected operators).


                                                15


                                           Conclusion

       Agreement by Inmarsat and SkyTerra on a sharing framework for L-band ATC is a

significant development that promises great public interest benefits for consumers, for

businesses, and for public safety and emergency communications. Expedited Commission

approval of this application will allow SkyTerra to proceed with deployment of a robust,

integrated MSS/ATC service so that the public can realize sooner the benefits of this new

service.



                                     SKYTERRA SUBSIDIARY LLC



                                     By:            /s/
                                             Randy Segal
                                             Senior Vice President, General Counsel & Secretary
                                             SkyTerra Subsidiary LLC
                                             10802 Park Ridge Boulevard
                                             Reston, VA 20191
                                             703-390-2700


Bruce D. Jacobs
Tony Lin
John K. Hane
Pillsbury Winthrop Shaw Pittman LLP
2300 N Street, N.W.
Washington, D.C. 20037
202-663-8000
Counsel for SkyTerra Subsidiary LLC

Dated: December 10, 2008




                                                16


                                           Certification

       I, Gustavo Nader, Ph.D, Program Director of SkyTerra Subsidiary LLC, certify that I am

the technically qualified person with overall responsibility for preparation of the information

contained in the foregoing application. I am familiar with the requirements of Part 25 of the

Commission’s rules, and the information contained in the application is true and correct.



                                                                   /s/
                                                             Gustavo Nader, Ph.D
                                                             Program Director
                                                             SkyTerra Subsidiary LLC

       Dated: December 10, 2008


                                           Attachment 1

                                Definition of Navigable Waterways

Navigable Waterways are the following bodies of water or waterways: (a) saltwater bodies of

water located in North America, (b) the Great Lakes and the St. Lawrence Seaway, and (c) the

bodies of water proximate to, or waterways between, those U.S. and Canadian commercial ports

identified in the charts below (each a “Commercial Port”), provided always that in the case of

any river way falling within this sub-paragraph (c), the relevant Navigable Waterway shall be

deemed to exist only from the mouth of the river to the Commercial Port located on that river

and closest to the source of that river.


U.S. commercial ports



        Alpena, MI                   Gary, IN                     New Iberia, LA                      Port of Port Lavaca. Point Comfort,TX

        Anacortes, WA                Grand Haven, MI              New Orleans, LA                     Port of Wilmington, Delaware

        Anchorage, AK                Green Bay, WI                New York, NY and NJ                 Port of Wilmington, NC

        Ashtabula, OH                GUAM                         Nikishka, AK                        Portland, ME

        Baltimore, MD                Gulfport, MS                 Nome, AK                            Portland, OR

        Barbers Point, Oahu, HI      Honolulu, HI                 Norfolk Harbor, VA                  Portsmouth, NH

        Baton Rouge, LA              Houston, TX                  Oakland, CA                         Presque Isle, MI

        Beaumont, TX                 Huron, OH                    Olympia, WA                         Redwood City, CA

        Bellingham,WA                Indiana Harbor, IN           Orange, TX                          Richmond, CA

        Boston, MA                   Jacksonville, FL             Oswego, NY                          San Diego, CA

        Bridgeport, CT               Juneau, AK                   Palm Beach, FL                      San Francisco, CA

        Brownsville, TX              Kalama, WA                   Panama City, FL                     San Juan, PR

        Buffalo, NY                  Ketchikan, AK                Pascagoula, MS                      Sandusky, OH

        Buffington, IN               KIVILINA, AK                 Paulsboro, NJ                       Savannah, GA

        Burns Waterway Harbor, IN    Lake Charles, LA             Philadelphia, PA                    Seattle, WA

        Camden,NJ                    Long Beach, CA               Plaquemines, LA, Port of            Silver Bay, MN

        Charleston, SC               Longview, WA                 Ponce, PR                           South Louisiana, LA, Port of

        Charlevoix, MI               Lorain, OH                   Port Angeles, WA                    ST CLAIR

        Chicago, IL                  Los Angeles, CA              Port Arthur, TX                     St. Bernard Port Chalmette, Louisiana

        Cleveland, OH                Manistee, MI                 Port Canaveral, FL                  St. Croix, Virgin

        Conneaut, OH                 Marblehead, OH               Port Dolomite, MI                   St. John,Virgin

        Coos Bay, OR                 Marcus Hook, PA              Port Everglades, FL                 St. Thomas,Virgin

        Corpus Christi, TX           Marine City, MI              Port Fourchon. LA                   Stoneport, MI

        Detroit, MI                  Marquette, MI                Port Hueneme, CA                    Tacoma, WA

        Drummond Island, MI          Marysville, MI               Port Inland, MI                     Taconite, MN

        Duluth-Superior, MN and WI   Matagorda Ship Channel, TX   Port Manatee Palmetto, FL           Tampa, FL

        Erie, PA                     Miami, FL                    Port of Brunswick, GA               Texas City, TX

        Escanaba, MI                 Milwaukee, WI                Port of Georgetown, SC              The Port of Davisville, RI

        Everett, WA                  Mobile, AL                   Port of Grays Harbor Aberdeen, WA   Toledo, OH

        Fairport Harbor, OH          Monroe, MI                   Port of Humboldt Bay Eureka, CA     Two Harbors, MN

        Freeport, TX                 Muskegon, MI                 Port of Morehead City, NC           Valdez, AK

        Galveston, Texas             New Haven, CT                Port of New Bedford,MA              Vancouver, WA




                                                                       2


Canadian commercial ports

 Belledune             Sehdiac

 Charlottetown         Sept-Iles

 Churchill             St. John

 Corner Brook          St. John’s

 Goderich              Sydney

 Goose Bay             Thunder Bay

 Halifax               Toronto

 Hamilton              Trois Reivieres

 Montreal              Tuktoyaktuk

 Oshawa                Windsor

 Quebec                Vancouver




 Saguenay              Prince Rupert, BC

 Sarnia                Nanaimo, BC

 Sault Ste. Marie




                                           3



Document Created: 2008-12-11 10:54:35
Document Modified: 2008-12-11 10:54:35

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