Attachment Comments

Comments

COMMENT submitted by Terrestar Networks

Comments of Terrestar Networks, Inc.

2008-04-04

This document pretains to SES-LIC-20071203-01646 for License on a Satellite Earth Station filing.

IBFS_SESLIC2007120301646_635823

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of Application of ) SES-LIC-20071203-01646 New IC0 Satellite Services G.P. ) SES-AMD-20080118-O0075 FILED4CCEPTED For Authority to Operate Ancillary ) SES-AMD-20080219-00172 Terrestrial Component Facilities APR - 4 2008 ) W WCommuni ~ J cations ~ m m r s s r o n Offfce of the Secretary COMMENTS OF TERRESTAR NETWORKS, INC. In the above-captioned application, New IC0 Satellite Services G.P. (”ICO”) requests authority to operate ancillary terrestrial component (”ATC”)base stations and dual mode mobile satellite service (”MSS)/ATC mobile terminals using 2 GHz MSS frequencies it is authorized to use pursuant to a letter of intent authorization. In connection with the application, IC0 has requested waivers of various ATC technical rules. TerreStar Networks, Inc. (“TerreStar”)hereby comments on ICOs application and waiver requests. Subject to the exceptions described below, TerreStar supports ICO’s filing and notes that many of ICOs waiver requests are substantially similar to waiver requests submitted by TerreStar. This is logical as most of both waiver requests are predicated on relief from technical rules that were designed to protect an aeronautical mobile satellite service that was abandoned. These rules therefore are more restrictive than is necessary given present circumstances and should be waived for both IC0 and TerreStar so that the many public interest benefits of ATC service may be maximized through efficient deployment.

1. Interest of TerreStar TerreStar holds a letter of intent (“LOI”)authorization, originally granted in 2001, to provide MSS in the United States using spectrum in the 2 GHz band via TerreStar-1, a geostationary orbit satellite.’ The LO1 authorization permits the use of 10 MHz of this 2 GHz MSS spectrum in each direction.2 TerreStar Networks (Canada) Inc., which is owned by TerreStar and 4371585 Canada Inc., holds an approval in principle issued by Industry Canada to operate TerreStar-1 in Canada.3 TerreStar also has pending a request for ATC authority? TerreStar has requested waivers of certain ATC technical rules5; as stated above, a number of those waivers are similar to the waivers sought by ICO. 2. General support for I C 0 waiver requests ICO’s ATC waiver requests are premised to a large extent on a change in circumstances since the time that the ATC technical rules were adopted. IC0 relies on the fact that many of the ATC technical limits were developed to protect sensitive receivers on aircraft. The receivers were to be used as part of an aeronautical mobile 1 See Order, DA 07-2028 (Int’l Bur., May 10, 2007); TMl Cornrnuriicatiorzs arid Company, Limited Partnership, Order, 16 FCC Rcd 13808 (Int’l Bur. 2001); T M I Commurzications and Company, Limited Partnership, aiid TerreStar Networks, lnc. Application for Review and Request for Stay, Memorandum Opinion and Order, 19 FCC Rcd 12603 (2004). TerreStar is filing its request for ATC authority as an amendment to its application for a mobile earth terminal blanket license based on the procedures that the Commission has outlined for holders of LO1 authorizations. See Flexibility for D e l i v e q of Communications by M S S Providers, Report and Order, 18 FCC Rcd 1962 at 7 245 (2003). See Use of Returned Spectrum in the 2 GHz Mobile Satellite Sewice Frequency Bands, Order, 20 FCC Rcd 19696 (December 9,2005). 3 See Letter from Michael D. Connolly, Industry Canada, to Steven Nichols, TerreStar Networks (Canada) Inc., File No. 46215-1 (113554 CL) (April 27,2007). See File No. SES-AMD-20070907-01253. 5 See File No. SES-AMD-20070723-00978. 2

satellite (route) service (”AMS(R)S”)in the 2 GHz MSS band that Boeing was planning to provide. Boeing subsequently abandoned its plans and authorization, however, and neither IC0 nor TerreStar has current plans for providing AMS(R)Sservices. As shown in TerreStar’s request for a waiver of ATC technical rules, moreover, even if AMS(R)S service were to be provided in the 2 GHz MSS band, today’s receivers have performance characteristics that are vastly superior to the performance characteristics that were assumed when the Commission adopted technical rules for ATC.6 For all of these reasons, waiver of these ATC rules is warranted.7 3. I C 0 waiver requests TerreStar is continuing to evaluate A small number of the waivers sought by IC0 raise potential interference issues.8 For example, the ATC base station out of band emission limit proposed by IC0 on a waiver basis for Section 25.252(a)(l)of the rules may, in some circumstances, adversely affect communications between TerreStar’s handsets and its satellite.9 TerreStar is continuing to evaluate these issues and whether there are acceptable alternatives to the relief requested by ICO. TerreStar is mindful that many of these issues are related to the fact that I C 0 and TerreStar have chosen to pursue significantly 6 Waiver Request of TerreStar Networks Inc., File No. SESAMD-20070723-00978, at 10-11 (July 23,2007). TerreStar supports ICO’s requests for waiver of Sections 25.252(a)(2),(3), (4), (5), (6), and (8); 25.252(b)(2);and 25.252(~)(4). * These issues are raised by ICOs requests for waiver of Sections 25.252(a)(l),25.252(b)(l),and 25.252(c)(2). 9 In addition, in the case of the proposed waiver of Section 25.252(b)(l), there is a potential for aggregate interference to the receivers on TerreStar’s satellite depending upon KO’s particular implementation of mobile terminals that IC0 proposes to have subject to an output power limit instead of an EIRP limit. In the case of the proposed waiver of Section 25.252(~)(2), TerreStar is exploring whether there is an alternative attenuation standard that might provide more efficient results over the entire band. 3

different markets which has engendered different service suites and underlying technology investments. TerreStar is hopeful that through further analysis and discussions with IC0 the companies can reach creative solutions. Respectfully submitted, By: Douglas-I. Brandon Vice President for Regulatory Affairs TerreStar Networks Inc. 12010 Sunset Hills Road, gthFloor Reston, VA 20191 (703) 483-7800 OF COUNSEL: Joseph A. Godles GOLDBERG, GODLES, WIENER & WRIGHT 1229 Nineteenth Street, N.W. Washington, DC 20036 (202) 429-4900 Counsel for TerreStar Networks, lnc. April 4, 2008 4

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Comments of TerreStar Networks Inc. was sent by first class mail, on the 4th day of April, 2008, to the following: Cheryl A. Tritt Morrison & Foerster, LLP 2000 Pennsylvania Avenue, NW Suite 5500 Washington, DC 20006-1888 ,$&$L&Q Jennifer Tisdale


Document Created: 2008-04-16 12:28:06
Document Modified: 2008-04-16 12:28:06
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