Attachment Sprint Notice

Sprint Notice

LETTER submitted by Sprint Nextel

Request to deny MSS licensees of TerreStar and ICO

2008-06-19

This document pretains to SES-LIC-20061206-02100 for License on a Satellite Earth Station filing.

IBFS_SESLIC2006120602100_648925

June 19, 2008 Notice of Ex Parte Presentation Ms. Marlene H. Dortch, Secretary Federal Communications Commission The Portals 445 Twelfth Street, S.W. Washington, D.C. 20554 Re: Application of TerreStar Networks Inc. for Blanket Authority for Ancillary Terrestrial Component Base Stations and Mobile Terminals for 2 GHz Mobile Satellite Service, File Nos. SES—LIC—20061206—02100, SES—AMD— 20070723—00978, SES—AMD—20070907—01253, and SES—AMD— 20080229—00217 Application of New ICO Satellite Services G.P. for Blanket Authority for Ancillary Terrestrial Component Base Stations and Mobile Terminals for 2 GHz Mobile Satellite Service, File Nos. SES—LIC—20071203—01646, SES— AMD—20080118—00075, and SES—AMD—20080219—00172 Dear Ms. Dortch: On behalf of Sprint Nextel Corporation, Richard Engelman and Trey Hanbury met yesterday with Frank Peace, Scott Kotler, William Bell, and Sankar Persaud of the International Bureau. Consistent with its written submissions, Sprint Nextel explained that the Commission should deny the ATC applications of TerreStar Networks Inc. (TerreStar) and New ICO Satellite Services G.P. (ICO) because these MSS licensees cannot provide nationwide commercial MSS unless the nation‘s BAS licensees are relocated. Both Sprint Nextel and 2 GHz MSS licensees have independent obligations to relocate the 2 GHz BAS incumbents. In the absence of any MSS effort to clear their own spectrum, Sprint Nextel has incurred hundreds of millions of dollars to fund the BAS relocation. TerreStar and ICO cannot obtain ATC authority unless they demonstrate that they will offer commercial MSS, and these licensees cannot offer MSS until they show that they will either relocate BAS themselves or pay their fair share of the relocation costs. TerreStar and ICO do not dispute that the Commission‘s gating criteria require, among other things, that 2 GHz MSS ATC applicants demonstrate their systems will be capable of providing service to all 50 states, Puerto Rico, and the U.S. Virgin Islands. Improving Public Safety Communications in the 800 MHz Band; Consolidating the 800 and 900 MHz Industrial/Land Transportation and Business Pool Channels, WT Docket No. O02—55, Memorandum Opinion and Order and Further Notice of Proposed Rulemaking, FCC 08—73, 2008 FCC LEXIS 1896, €51 (rel. March 5, 2008) (BAS

Page 2 June 19, 2008 Extension Order), 47 C.F.R. §25.149(b). TerreStar and ICO also do not dispute that they have done nothing to clear BAS licensees from the spectrum that they must use to provide nationwide MSS. Unless TerreStar and ICO relocate BAS or certify that they will reimburse Sprint Nextel for their fair share of the cost of doing so, the MSS licensees have failed to satisfy the minimum criteria necessary to receive ATC authority and their ATC applications must be denied. No good cause exists to waive the requirement that MSS licensees must offer nationwide MSS before receiving ATC authority. Sprint Nextel‘s efforts will greatly benefit TerreStar and ICO by clearing BAS systems from the spectrum block that the FCC has assigned to these MSS licensees. Under longstanding FCC policies, Sprint Nextel is entitled to be reimbursed by TerreStar and ICO for the pro rata share of the costs of clearing eligible BAS systems. Recognizing that MSS licensees will benefit greatly from Sprint Nextel‘s efforts, the FCC has stated that its "traditional cost—sharing principles are applicable to the 1990—2025 MHz band." BAS Extension Order «[ 15. Under these principles, Sprint Nextel, "as the first entrant, is entitled to seek pro rata reimbursement of eligible clearing costs from subsequent entrants, including MSS licensees." /improving Public Safety Communications in the 800 MHz Band, Memorandum Opinion and Order, 20 FCC Red. 16015, f 111 (2005). The Commission has designated the above—referenced proceedings as "permit— but—disclose" for purposes of the Commission‘s rules governing ex parte communications. See Public Notice, Report No. SES—01037, at 78 (May 28, 2008); Order, Policy Branch, File No. SES—LIC—20071203—01646 (May 22, 2008). Please associate this submission with the comments that Sprint Nextel filed in these proceedings. Sincerely, z//_ Trey Hanbury, Esq. Director, Sprint Nextel Corporation cCc (by email): Frank Peace Scott Kotler William Bell Sankar Persaud

Page 3 June 19, 2008 Certificate of Service 1, Claudia Del Casino, hereby certify that on this 19th day of June, 2008, I caused true and correct copies of the foregoing letter to be mailed by first class U.S. mail, postage prepaid, to: Cheryl A. Tritt Joseph A. Godles Morrison & Foerster Goldberg, Godles, Wiener & Wright 2000 Pennsylvania Ave. NW, Suite 500 1229 19th Street NW Washington, DC 20006 Washington, DC 20036 Suzanne Hutchings Malloy Douglas |. Brandon Peter Corea Vice President for Regulatory Affairs New ICO Satellite Services G.P. TerreStar Networks Inc. 815 Connecticut Avenue NW, Suite 12010 Sunset Hills Road, 9th Floor 610 Reston, VA 20191 Washington, DC 20006 Claudia Del Casino


Document Created: 2008-06-19 14:21:46
Document Modified: 2008-06-19 14:21:46
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