Attachment Comment

Comment

COMMENT submitted by National Public Radio, Inc.(NPR)

Comment

2006-04-24

This document pretains to SES-LFS-20051123-01634 for License to use Foreign Satellite (earth) on a Satellite Earth Station filing.

IBFS_SESLFS2005112301634_497609

RECEIVED s« . «.ORIGINAL MSV NOV 2 7 2006 ferii Mobile Satellte Ventures i> Sateite Diston IntornationalBureau November 22, 2006 Via Hand Delivery FILED/ACCEPTED Ms. Marlene H. Dortch Srroms Nov 22 2006 Federal Communications Commission FodenlConmnestrs Commsoen 445 12th Strees, S.W. sufiey Washington, D.C. 20554 Re: Pending Applications to Operate with an Uncoordinated Inmarsat Satellite File Numbers Attached as Exhibit A Dear Ms. Dortch: To date,the Intemational Bureau ("Bureau") has granted Special Temporary Authority ("STA") for the operation of30,000 Broadband Global Area Network ("BGAN®) terminals in the United States." Mobile Satellite Ventures Subsidiary LLC (MSV") has opposed the grant of applications to operate BGAN terminals due to the potential that their use on uncoordinated Inmarsatsatelltes will cause harmful interference to MSV‘s licensed operations." Recently, it has come to light hat Inmarsat has onl5,547 BGAN subscribers worldwide, the vast majority of which presumably operate outside the United States," This new information helps to demonstrate that: () any absence of interference from BGAN operations to date demonstrates nothing regarding the potentialinterference that will resultif more and more BGAN terminals are operated in the future; and (i) Inmarsatand its distributors have greatly exaggerated the demand for the BGAN service. Since grant of the BGAN $TAs, Inmarsat and itsdistributors have contended that BGAN service has been provided in the United States without interference.". Inmarsat and its distributors, however, have never revealed how many of the 30,000 BGAN terminals authorized ! See, eg., Stratos Communications, Ic., Request for Special Temporary Authority, File No. SES—STA—20060310—00419 (filed March 10, 2006; granted with conditions on May 12, 2006) * See, eg., Mobile Satellite Ventures Subsidiary LLC, Petition to Hold in Abeyance, File No. SES—LRS—20060303—00343, File No. SES—AMD—200603 16—00448 (Call Sign EO60076) (April 14, 2006). * See Exhibit B, ataching excerpts from Inmarsat Group Limited‘s Form 6—K filed with the SEC on November 15, 2006, available at hitps/fwwwsee.gouArchives/edgar/data/1291398/0001 19312506235898/0001 193 125—06.— 235898—index hm * See Inmarsat Ventures Limited, Reply, File No. SES—STA—20061019—01868 (Call Sign £O60179) (November 8, 2006), at 1, 2.

Ms. Marlene H. Dortch November 22, 2006 Page2 bythe Bureau are actually in operation today. In fact, although Inmarsat‘s BGAN service was Iaunched almost a year ago in December 2005," Inmarsat in a November 15, 2006 filing submitted with the U.S. Securities and Exchange Commission ("SEC") reveals that there are only 5,547 BGAN subscribers worldwide today." These terminals are used in 172 countries, with Inmarsat‘s Chinese distribution partner accounting for 12% of BGAN sales, mostly to Chinese media,oil, and gas companies," While MSV is not aware of any publicly available figures on the number of BGAN terminals deployed in the United States (and Inmarsat has failed to provide any such figure in the record), it is safe to assume that only a fraction ofthe 5500 BGAN terminals activated worldwide today are used in the United States. Thus, despite Inmarsat‘s claims, the operation of a handful (if any) BGAN terminals to date demonstrates nothing regarding the potential for interference if more and more BGAN terminals are operated in the future. In fact, if these BGAN terminals have been provided tofrst responders, it is most likely that the terminals are being used only during an emergeney. During these emergencies, interference is likely to those first responders that use MSV‘s service that are responding to the same emergency. To alleviate this isk ofiterference, MSV has urged the Bureau to establish a firm expiration date for the BGAN STAs and provide that nofurther extensions will be granted without Inmarsat having first completed coordination ofits new satellte with other North American L band operators.® If, however, the Bureau continues to renew the BGAN STAs without insisting that Inmarsatfirst complete coordination, there are no reasonable prospectsthat such coordination will ever be successfully completed. This is especiallythe case now that Inmarsat has revealed that only roughly 5500 BGAN terminals have been activated worldwide in the past year.. At this rate, it will be many years before Inmarsat and itsdistributors approach the limit of 30,000 BGAN terminals authorized in the United States pursuant to STA.. Only a firm expiration date for the BGAN STAs will provide Inmarsat with the needed incentive to satisfy its obligation to coordinate ts satelite with other North American L band operators. Not only will successful coordination mitigate the harmfulinterference that would otherwise resultfrom operation of Inmarsat‘s uncoordinated satellte, this coordination should also facilitate rebanding of L band spectrum into more contiguous frequency blocks that will increase efficient use of L band spectrum and maximize the potential for offering broadband services, which Chairman Martin recently explained is the Commission‘s top priorty." * See Inmarsat Announces Launch of BGAN Service (December 7, 2005), available at: hitp:/fabout.inmarsat.com/news/00018831.aspx?language=EN&textonly=False © See supra note 3. " See Communications Daily (November 16, 2006), at 12 (quoting Inmarsat‘s ChiefOperating Officer). * See Mobile Satellite Ventures Subsidiary LLC, Comments, File No. SES—STA—20061019— 01868 (Call Sign EO6O179) (October 24, 2006), at 4—5. * See Remarks of FCC Chairman Kevin J. Martin, Imagining the Digital Healthcare Future in the Rural West, Montana State University — Bozeman (July 7, 2006).

Ms. Marlene H. Dortch November 22, 2006 Page 3 in the event that the Bureau permits the BGAN STAs to continue without establishing a firm expiration date,the Burea should at least require the STA holders to disclose the number of BGAN terminals that are actuallyin operation using the Inmarsat—4 satellte that is serving the United States. L band operators can use this information to assess the potential aggregate interference to their operations. Moreover, until coordination is completed, the Bureau limit the BGAN terminals authorized under these STAs to those terminals that are issuedshould to "first responders,""" based on swom affidavits provided by the STA holders supporting their claims. Please contact the undersigned with any questions. Very truly yours, &&;:{. Manner ‘* The Bureau should define a "first responder®as a unit of the Federal Government or any entity that would qualify to hold a license under Section 90.523 of the Commission‘s rules. See 47 C.F.R. §90.523 (providing that State or local govemnment entities and certain nongovernmental organizations that provide services, the sole or principal purpose of which is to protect the safety oflife, health, or property, as well as satsfy other critera, may qualify to hold certain licenses).

Exhibit A Pending Applications to Provide BGAN Services with Inmarsat 4F2 Applicant File Number Stratos Communications Inc. SES—LES—20050826—01175 (Call Sign EOS0249) SES—AMD—20050922—01313 (Call Sign EO50249) SES—AMD—20051117—01590 (Call Sign E050249) Telenor Satellite, Inc. SES—LES—20050930—01352 (Call Sign EO50276) SES—AMD—20051 1 11—01564 (Call Sign EO80276) SES—AMD—20060109—00019 (Call Sign EO50276) SES—AMD—20060607—00942 (Call Sign EOS0276) FIMSC US, LLC SES—LFS—20051011—01396 (Call Sign EO50284) SES—AMD—20051118—01602 (Call Sign EO50284) SES—AMD—20060605—00926 (Call Sign EOS0284) MVS USA, Inc. SES—LES—20051 123—01634 (Call Sign EO50348) SES—AMD—20060329—00540 (Call Sign EOS0348) BT Americas Inc. SES—LES—20060303—00343 (Call Sign EO60076) SES—AMD—20060316—00448(Call Sign EO60076) Thrane and Thrane SES—LFS—20060522—00852(Call Sign B060179) Applications for STA to Provide BGAN Services with Inmarsat 4E2 Applicant File Number Stratos Communications Inc. SES—STA—20061103—01946 (Call Sign EO50249) Telenor Satellite, Inc. SES—$TA—20061027—01898 (Cll Sign EOS0276) FIMSC US, LLC SES—$TA—20061006—01820 (Call Sign E050284) MVS USA, Inc. SES—STA—20061106—01955 (Call Sign EOS0348) BT Americas Inc. SES—STA—20061 101—01933 (Call Sign E060076) Thrane and Thrane SES—STA—20061019—01868 (Call Sign E060179)


Document Created: 2006-04-25 14:18:44
Document Modified: 2006-04-25 14:18:44
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