Attachment MSV response

This document pretains to SES-MFS-20060725-01253 for Modification w/ Foreign Satellite (earth station) on a Satellite Earth Station filing.

IBFS_SESMFS2006072501253_529514

oommmmmmemen Beomme mss on on eooie> Ir i C mm sed & Rvm hm EJ AnBs me cxmemee SiimosSenmmeam Mobile Satellite Ventures LP September 18, 2006 Via Hand Delivery Ms. Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 Re: Telenor Satellite, Inc. Amendment to Application File No. SES—AMD—20060713—01148 Dear Ms. Dortch: Mobile Satellite Ventures Subsidiary LLC ("MSV*") hereby responds to the September 7th letter filed by Inmarsat Ventures Ltd. ("Inmarsat") in the above—referenced proceeding in which Telenor Satellite Inc. ("Telenor") amends its pending application to operate earlier— generation L band mobile terminals in the United States with the Inmarsat 4F2 satellite at 52.75°W as well as with the Inmarsat 3F2 satellite at 15.5°W and the Inmarsat 3F3 satellite at 178.1°E.‘ MSV previously explained that the Telenor amendment reveals that both the Inmarsat 3F2 and 3F3 satellites operate with +0.1° East—West station keeping, yet Telenor has not sought a waiver of the rule requiring satellites to comply with £+0.05° East—West station keeping.2 In its letter, Inmarsat contends that there is no rule requiring Mobile Satellite Service ("MSS") satellites to comply with +0.05° East—West station keeping. Inmarsat Letter at 1. In fact, however, the Bureau held the opposite when it required MSV to satisfy the standard for a waiver in applying to operate an MSS satellite with +0.1° East—West station keeping." MSV has sought \ See Letter from Inmarsat Ventures Ltd. to Ms. Marlene H. Dortch, FCC, File No. SES—AMD— 20060713—01148 (September 7, 2006) ("Inmarsat Letter‘®). > See Letter from Jennifer A. Manner, Mobile Satellite Ventures Subsidiary LLC, to Ms. Marlene H. Dortch, FCC, File No. SES—AMD—20060713—01148 (August 22, 2006) ("MSY Letter"). 3 See Mobile Satellite Ventures Subsidiary LLC, Order and Authorization, DA 05—1492 (May 23, 2005), at 21 ("MSVY—1 Order"‘). In its letter, Inmarsat claims that the Commission in the Orbital Debris Mitigation Order has "reserved discretion to impose a condition on station—keeping tolerance on a case—by—case basis," and that the Bureau did so in acting on MSV‘s application. Inmarsat Letter at 1 (citing Orbital Debris Mitigation Order, 19 FCC Red 11567, 11587 47 (2004)). The Commussion did no such thing in the Orbital Debris Mitigation Order. The paragraph Inmarsat cites refers exclusively to non—geostationary satellites. Orbital Debris Mitigation Order [ 47 ("We retain discretion in any specific case, based upon any concerns arising in the licensing process, to include any needed conditions concerning the tolerance within which an NGSO spacecraft maintains its orbit.") (emphasis added).

Ms. Marlene H. Dortch September 18, 2006 Page 2 reconsideration of this decision, asking the Bureau to clarify that the rule requiring satellites to operate with +0.05° East—West station keeping does not apply to MSS satellites." MSV‘s concern here is only that the Bureau apply this rule consistently. Thus, to the extent the Bureau authorizes the Inmarsat 3F2 and 3F3 satellites for service in the United States with +0.1° East— West station keeping without requiring Telenor to seek a waiver, the Bureau must afford similar treatment to other MSS satellites proposing to serve the U.S. market, such as MSVs satellite. Conversely, if the Bureau on reconsideration of the MSV—I Order upholds its decision that MSS satellites are required to comply with +0.05° East—West station keeping, the Telenor application must be dismissed for failing to seek a waiver of this rule." Please contact the undersigned with any questions. Very truly yours, % /z“:m( ennifer A. Manner Of counsel: Bruce D. Jacobs David S. Konczal PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, NW Washington, DC 20037—1128 (202) 663—8000 * See MSV, Petition for Clarification and Partial Reconsideration, File Nos. SAT—LOA— 19980702—00066 et al (June 22, 2005). * See Letter from Thomas S. Tycz, FCC, to John K. Hane, Pegasus Development Corporation, DA 03—3665 (November 19, 2003) (dismissing application for failing to seek waiver of Commission‘s East—West station keeping rule).

CERTIFICATE OF SERVICE I, Sylvia A. Davis, a secretary with the law firm of Pillsbury Winthrop Shaw Pittman LLP, hereby certify that on this 18th day of September 2006, I served a true copy of the foregoing by first—class United States mail, postage prepaid, upon the following: Keith H. Fagan Diane J. Cornell Telenor Satellite, Inc. Vice President, Government Affairs 1101 Wootton Parkway Inmarsat, Inc. 10 Floor 1100 Wilson Blvd, Suite 1425 Rockville, MD 20852 Arlington, VA 22209 John P. Janka Jeffrey A. Marks Latham & Watkins LLP 555 Eleventh Street, NW. Suite 1000 Washington, DC 20004 &/}Aurc _[?. JLo Sylvia A. Davis


Document Created: 2006-09-18 19:29:31
Document Modified: 2006-09-18 19:29:31
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