Attachment Globalstar-MOO DA 1

Globalstar-MOO DA 1

MEMORANDUM OPINION AND ORDER submitted by IB,FCC

Dismissed by Order

2010-10-06

This document pretains to SES-MFS-20091221-01602 for Modification w/ Foreign Satellite (earth station) on a Satellite Earth Station filing.

IBFS_SESMFS2009122101602_844472

                                   Federal Communications Commission                                DA 10—1933



                                                Before the
                                   Federal Communications Commission
                                          Washington, D.C. 20554


In the matter of                                        )
                                                        )
Globalstar Licensee LLC                                 )        Call Sign $2115
GUSA Licensee LLC                                       )        Call Sign E970381
                                                        )
                                                        )        File No. SAT—STA—20081215—00231
Modification of Authority to Operate a                  )
Mobile Satellite System in the 1.6 GHz                  )
Frequency Band                                          )



                                     Memorandum Opinion and Order

Adopted: October 6, 2010                                             Released: October 6, 2010

By the Chief, Satellite Division, International Bureau:
         1. By this Order, we dismiss, as moot, the request of Globalstar Licensee LLC (Globalstar) for
special temporary authority (STA) to operate at variance from its license in spectrum reassigned to
another licensee.‘ Specifically, Globalstar requests an STA to operate in the 1618.725 — 1621.35 MHz
frequency band — which was reassigned to Iridium Satellite LLC (Iridiuim) in 2008 — in regions served by
three gateway earth stations in Russia. Globalstar terminated operations on this frequency band on
August 9, 2010. Further, Globalstar and the Commission recently entered into a Consent Decree
regarding Globalstar‘s operations in this spectrum." Consequently, there is no need to act on the request
for STA, and we dismiss it as moot.

        2. In October 2008, the Commission issued an Order modifying the licenses held by Globalstar
and Iridium — the two remaining "Big LEO" licensees." The Modification Order implemented the revised
Big LEO band plan adopted by the Commission in November 2007." The revised band plan reassigned
approximately 2.5 megahertz of spectrum from Globalstar‘s system to Iridium‘s system, giving each
system access to approximately nine megahertz of spectrum. The modifications to the Globalstar and
Iridium licenses became effective 60 days after release of the Modification Order. On that date,
Globalstar was required to have terminated operations on the spectrum reassigned to Iridium in the United
States and around the world.



‘ Globalstar Licensee LLC and GUSA Licensee LLC, Request for Waiver and Request for Special Temporary
Authority, File No. SAT—STA—20081215—00231 (filed Dec. 15, 2008) (December 2008 Request).
> Globalstar Licensee LLC and GUSA Licensee LLC, Order and Consent Decree, DA—1807 (Enf. Bur., rel. Oct. 6,
2010) (Consent Decree).
> Globalstar Licensee LLC, GUSA Licensee LLC and Iridium Constellation LLC, Iridium Satellite LLC, Iridium
Carrier Services LLC, Modification of Authority to Operate a Mobile Satellite System in the 1.6 GHz Frequency
Band, Order ofModifications, FCC 08—248, 23 FCC Red 15207 (2008) (Modification Order).
* Spectrum and Service Rules for Ancillary Terrestrial Components in the 1.6/2.4 GHz Big LEO Bands, Review of
the Spectrum Sharing Plan Among Non—Geostationary Satellite Orbit Mobile Satellite Service Systems in the 1.6/2.4
GHz Bands, Second Order on Reconsideration, Second Report and Order, and Notice ofProposed Rulemaking, IB
Docket Nos. 07—253 and 02—364, 22 FCC Red 19733 (2007).                                                   |


                                     Federal Communications Commission                               DA 10—1933



        3. On December 15, 2008, Globalstar filed a request for special temporary authority to allow it
to continue to operate in the reassigned spectrum in regions served by earth stations in Australia, Brazil,
France, Russia, and Turkey." Globalstar later amended its request to limit its operations on the reassigned
spectrum to regions served by the Russian gateway earth stations." Iridium filed a Petition to Deny the
STA request.‘

        4. In a letter filed on August 10, 2010, Globalstar informed the Commission that, as of August
9, 2010, it had terminated operations on the re—assigned spectrum in Russia.‘ In the letter, Globalstar
modified its pending request for special temporary authority to seek authority to ‘operate in the re—assigned
spectrumin regions served by the Russian gateways from December 15, 2008 —— the date it filed its initial
STA request —— to August 9, 2010 —— the date on which it terminated these operations.

        5. Thus, Globalstar‘s request for special temporary authority is a request for retroactive
authority to operate at variance from its license. As previously noted, Globalstar and the Commussion
have reached a consent decree regarding Globalstar‘s operations in spectrum licensed to Iridium."
Globalstaris now operating in compliance with its license. The request for special temporary authority is
therefore moot.

       6. Accordingly IT IS ORDERED that the request of Globalstar Licensee LLC for special
temporary authority to operate in the 1618.725 — 1621.35 MHz frequency band in areas served by
gateways in Russia from December 15, 2008 to August 9, 2010, IBFS File No. SAT—STA—20081215—
00231, is DISMISSED as moot.                                                                          '

                                                       FEDERAL COMMUNICATIONS COMMISSION



                                                       Robert G. Nelson
                                                       Chief, Satellite Division
                                                       International Bureau




° December 2008 Request. In the December 2008 Request, Globalstar also requested a waiver of the revised band
plan. It later withdrew the waiver request. See July 19, 2010 Letter from Samir C. Jain, Counsel to Globalstar
Licensee LLC and GUSA Licensee LLC, to Marlene Dortch, Secretary, Federal Communications Commission. In
addition to the STA/Waiver request, Globalstar filed a Petition for Reconsideration of the Modification Order.
Globalstar Licensee LLC and GUSA Licensee LLC, Petition for Reconsideration (filed Nov. 14, 2008). It recently
withdrew this petition. See August 10, 2010 Letter from L. Barbee Ponder IV, General Counsel & Vice President
Regulatory Affairs, Globalstar Licensee LLC, to Roderick K. Porter, Deputy Chief, International Bureau, Federal
Communications Commission at 2 (August 2010 Letter).
° August 17, 2009 Letter from William F. Adler, Vice President—Legal & Regulatory Affairs, Globalstar Inc., to
Marlene Dortch, Secretary, Federal Communications Commission.
‘ Tridium Satellite LLC, Petition to Deny (filed Jan. 21, 2009).
8 August 2010 Letter at 1.
9
    Consent Decree.



Document Created: 2010-10-08 10:55:55
Document Modified: 2010-10-08 10:55:55

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