Petition to Deny PETITION by Iridium Satellite LLC SES-MFS-20091221-01606 Petition to Deny - 4

Petition to Deny - 4

PETITION submitted by Iridium Satellite LLC

Petition to Deny

2010-04-16

This document pretains to SES-MFS-20091221-01606 for Modification w/ Foreign Satellite (earth station) on a Satellite Earth Station filing.

IBFS_SESMFS2009122101606_811109

Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554

In the Matter of )
)
GLOBALSTAR LICENSEE LLC, GUSA )
LICENSEE LLC, AND GCL LICENSEE LLC )
)
Application for Modification of ) File No. SAT-AMD-20091221-00147
Nongeostationary Mobile Satellite Service )
System License (S2115) To Launch a Second- )
Generation System )
) File Nos. SES-AFS-20091221-01601
Application for Modification of Mobile ) SES-AFS-20091221-01607
Satellite Service Earth Station Licenses and ) SES-MFS-20091221-01602
Mobile Earth Terminal Licenses To Authorize ) SES-MFS-20091221-01603
Communications with Second-Generation ) SES-MFS-20091221-01604
System and To Incorporate Previously-Granted ) SES-MFS-20091221-01605
Ancillary Terrestrial Component Authority ) SES-MFS-20091221-01606
) SES-MFS-20091221-01608
) SES-MFS-20091221-01609
) SES-MFS-20091221-01610
) SES-MFS-20091221-01611
) SES-MFS-20091221-01612
) SES-MFS-20091221-01613
) SES-MFS-20091221-01614
) SES-MFS-20091221-01615
) SES-MFS-20091221-01616
) SES-MFS-20091221-01617
) SES-MFS-20091221-01618
)
)

PETITION TO DENY OF IRIDIUM SATELLITE LLC

Donna Bethea Murphy R. Michael Senkowski
Vice President, Regulatory Engineering Peter D. Shields
Iridium Satellite LLC Jennifer D. Hindin
6701 Democracy Blvd., Suite 500 Wiley Rein LLP
Bethesda, MD 20817 1776 K Street N.W.
(301) 571-6200 Washington, D.C. 20006
(202) 719-7000
April 16, 2010 Counsel to Iridium Satellite LLC

TABLE OF CONTENTS

I. INTRODUCTION AND SUMMARY .................................................................. 3
II. ANY GRANT OF GLOBALSTAR’S APPLICATIONS WOULD NOT
SERVE THE PUBLIC INTEREST IN THE ABSENCE OF
CONDITIONS TO ENSURE GLOBALSTAR’S IMMEDIATE AND
CONTINUING COMPLIANCE WITH THE FCC’S SPECTRUM
ALLOCATION AND LICENSING DECISION. ................................................. 6
A. The Commission Should Impose Conditions Requiring
Globalstar’s Compliance with the MSS Reallocation Order and
Globalstar’s Existing U.S. Satellite License .............................................. 7
B. The Commission Should Condition Globalstar’s Access to Earth
Stations in the U.S. Market on Reciprocal Access for Iridium’s
Mobile Earth Terminals in the French Market Throughout
Iridium’s FCC-Licensed Spectrum ............................................................ 9
C. The Commission Should Protect U.S.-Licensed Space Stations
That Have ITU Priority............................................................................ 12
D. The Conditions Should Be Clear and Effective....................................... 13
III. CONCLUSION.................................................................................................... 14

Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554

In the Matter of )
)
GLOBALSTAR LICENSEE LLC, GUSA
)
LICENSEE LLC, AND GCL LICENSEE LLC
)
Application for Modification of ) File No. SAT-AMD-20091221-00147
Nongeostationary Mobile Satellite Service )
System License (S2115) To Launch a Second- )
Generation System ) File Nos. SES-AFS-20091221-01601
Application for Modification of Mobile ) SES-AFS-20091221-01607
Satellite Service Earth Station Licenses and ) SES-MFS-20091221-01602
Mobile Earth Terminal Licenses To Authorize ) SES-MFS-20091221-01603
Communications with Second-Generation ) SES-MFS-20091221-01604
System and To Incorporate Previously-Granted ) SES-MFS-20091221-01605
Ancillary Terrestrial Component Authority ) SES-MFS-20091221-01606
) SES-MFS-20091221-01608
) SES-MFS-20091221-01609
) SES-MFS-20091221-01610
) SES-MFS-20091221-01611
) SES-MFS-20091221-01612
) SES-MFS-20091221-01613
) SES-MFS-20091221-01614
) SES-MFS-20091221-01615
) SES-MFS-20091221-01616
) SES-MFS-20091221-01617
) SES-MFS-20091221-01618
)
)

PETITION TO DENY OF IRIDIUM SATELLITE LLC

Iridium Satellite LLC (“Iridium”), by its attorneys and pursuant to 47 C.F.R. §

25.154, petitions to deny the Amendment and Application1 filed by Globalstar Licensee

1
Globalstar Licensee LLC, GUSA Licensee LLC, and GCL Licensee LLC,
Application for Modification of Nongeostationary Mobile Satellite Service System
License (S2115) To Launch a Second-Generation System; Application for Modification of
Mobile Satellite Service Earth Station Licenses and Mobile Earth Terminal Licenses To
Authorize Communications with Second-Generation System and To Incorporate
Previously-Granted Ancillary Terrestrial Component Authority, File Nos. SAT-MOD-

LLC, GUSA Licensee LLC, and GCL Licensee LLC (“Globalstar”) in the above-

captioned matters.2 Globalstar’s Amendment and Application withdraws Globalstar’s

pending request for the FCC to license the launch and operation of additional non-

geostationary Big LEO mobile satellite service (“MSS”) satellites and seeks FCC

authority to (1) change the operating parameters of existing U.S. satellites during a

transition period and (2) modify Globalstar’s U.S. gateway earth station and mobile earth

terminal licenses to authorize communications, including ancillary terrestrial component

(“ATC”) services, with French-registered, “second-generation” MSS satellites.

As detailed below, Globalstar has engaged in a concerted pattern of ignoring or

attempting to evade the Commission’s spectrum allocation decisions, the Commission’s

governing spectrum band plan for Big LEO systems, and the Commission’s express

licensing decisions. Absent conditions to ensure that Globalstar will cease ongoing

violations and comply with its obligations prospectively, there is no basis for concluding

that the public interest will be served by grants of its above-captioned applications that

are motivated in large part by its desire to evade U.S. requirements by becoming a

20080904-00165, SAT-AMD-20091221-00147, SES-AFS-20091221-01601, SES-AFS-
20091221-01607, SES-MFS-20091221-01602, SES-MFS-20091221-01603, SES-MFS-
20091221-01604, SES-MFS-20091221-01605, SES-MFS-20091221-01606, SES-MFS-
20091221-01608, SES-MFS-20091221-01609, SES-MFS-20091221-01610, SES-MFS-
20091221-01611, SES-MFS-20091221-01612, SES-MFS-20091221-01613, SES-MFS-
20091221-01614, SES-MFS-20091221-01615, SES-MFS-20091221-01616, SES-MFS-
20091221-01617, SES-MFS-20091221-01618 (filed Dec. 21, 2009) (“Globalstar
Amendment and Application”).
2
On March 17, 2010, the Commission issued a public notice for Globalstar’s earth
station applications, Satellite Radio Communications Applications Accepted for Filing,
Public Notice, Report No. SES-01226 (Mar. 17, 2010), and on March 19, 2010, the
Commission issued a public notice for Globalstar’s space station application, Satellite
Space Applications Accepted for Filing, Public Notice, Report No. SAT-00673 (Mar. 19,
2010). Iridium files this Petition to Deny as a single filing to address the common
substantive issues raised by the above-captioned applications.

2

French-authorized satellite system. Accordingly, the Commission should either deny the

applications or grant them subject to stringent and enforceable compliance conditions.

I. INTRODUCTION AND SUMMARY

In 2008, after protracted rulemaking proceedings, Iridium received from the FCC

expanded exclusive spectrum rights and some additional shared spectrum rights in L-

band spectrum previously licensed only to Globalstar.3 Globalstar first sought judicial

review of the Commission’s reallocation decision and then attempted to forestall or limit

any modification of its and Iridium’s licenses. Both attempts failed. The U.S. Court of

Appeals rejected Globalstar’s challenge to the rulemaking decision, and over one year

ago, the Commission rejected Globalstar’s license protest efforts.4 In modifying

Globalstar’s and Iridium’s licenses, the Commission refused to set aside the reallocation

decision or to limit the reallocation to spectrum uses to and from the United States only.5

Rather than comply with the Commission’s legally effective actions and the

express provisions of its modified MSS license, Globalstar continued to use the spectrum

reallocated exclusively to Iridium while simultaneously seeking special temporary

3
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 of Proposed Rulemaking, 22
FCC Rcd 19733, ¶ 1 (2007) (“MSS Reallocation Order”).
4
Globalstar, Inc. v. FCC, 564 F.3d 476 (D.C. Cir. 2009); Globalstar Licensee
LLC, Call Sign S2115, Modification of Authority to Operate a Mobile Satellite Service
System in the 1.6 GHz Frequency Band, Order of Modifications, 23 FCC Rcd 15207
(2008) (“October 15th Modification Order”) (modifying Globalstar’s license despite
Globalstar’s objections).
5
See October 15th Modification Order.

3

authority (“STA”) and a waiver to do so.6 Although the International Bureau expressly

informed Globalstar of its obligations to comply with the reallocation decision pending

any action on the STA and waiver request,7 Globalstar ignored the warning. To this day

(nearly a year and a half after the license modification became effective), Globalstar

appears to have operated in clear, knowing, and willful violation of its license terms, the

Commission’s reallocation decision, and the International Bureau’s directive.

Globalstar now seeks to end run the reallocation decision by transitioning from a

U.S.-registered satellite system to a French-registered satellite system. Globalstar seeks

authority to begin its “next generation” operations using a 32-satellite constellation

consisting of “24 new satellites and [] 8 satellites launched in 2007.”8 The 8 satellites

launched in 2007 are licensed by the Commission to serve as in-orbit spares for

Globalstar’s first generation system.9 The 24 new satellites, which “are functionally

identical to those that comprise Globalstar’s first-generation constellation,”10 would be

licensed exclusively by France. Exactly how this mix of U.S.-registered and French-

6
See Globalstar Licensee LLC and GUSA Licensee LLC – Request for Waiver and
Request for Special Temporary Authority, FCC File No. SAT-STA-20081215-00231
(filed Dec. 15, 2008) (requesting waiver of the October 15th Modification Order to use
its channels 8 and 9 outside the U.S.); Letter from William Adler, Globalstar, Inc. to
Marlene H. Dortch, FCC (filed Aug. 17, 2009) (narrowing the waiver request to three
gateways in Russia).
7
Letter from Roderick K. Porter, FCC, to William T. Lake, Counsel to Globalstar
LLC, Call Sign S2115 (filed Dec. 17, 2008).
8
Globalstar Amendment and Application at 9.
9
Id. at 4.
10
Id. at 5.

4

registered satellites will work is uncertain. Indeed, the plan seems on its face to run afoul

of the Commission’s policy against dual licensing.11

As the Commission sorts out the complicated uncertainties created by

Globalstar’s proposal, it should take all necessary actions to maintain the effectiveness of

its orders. Iridium submits this petition to deny because grant of the applications cannot

be found to serve the public interest unless and until the FCC’s spectrum reallocation and

licensing decisions are recognized and enforced. Indeed, compliance conditions are

essential because the goal of the applications is to evade compliance by Globalstar

becoming licensed solely by France in the future. To the extent the Commission grants

Globalstar’s earth and space station applications, such grant should include conditions

that:

• Ensure compliance with the MSS Reallocation Order and the terms of
Globalstar’s U.S. license for all of its current and future in-orbit space stations;

• Ensure France grants Iridium authorization to allow mobile earth stations in
France to access Iridium’s satellites using the full range of L-band spectrum
allocated to Iridium by the Commission;

• Commit the Commission to granting Iridium reciprocity and access to operate
internationally in the 1610-1617.775 MHz L-band spectrum currently allocated to
Globalstar in the event that France grants Globalstar the authority to operate its

11
The Commission does not license space stations that are licensed by another
administration. See generally Amendment of the Commission’s Regulatory Policies To
Allow Non-U.S. Licensed Space Stations To Provide Domestic and International Satellite
Service in the United States and Amendment of Section 25.131 of the Commission’s Rules
To Eliminate the Licensing Requirement for Certain International Receive-only Earth
Stations, Report and Order, 12 FCC Rcd 24094, ¶¶ 183, 187-188 (1997) (“Disco II
Order”); Amendment of the Commission's Regulatory Policies to Allow Non-U.S.
Licensed Space Stations to Provide Domestic and International Satellite Service in the
United States, Notice of Proposed Rulemaking, 11 FCC Rcd 18178, ¶¶ 13-14 (1996)
(“WTO Implementation NPRM”). As the Commission has explained, dual licensing of
space stations is “redundant,” “time-consuming,” and “wasteful,” WTO Implementation
NPRM ¶ 14, and “would raise issues of national comity” and “issues regarding
international coordination responsibilities.” Disco II Order ¶ 188.

5

“second-generation” MSS satellites internationally in the spectrum allocated
exclusively to Iridium by the Commission; and

• Ensure that Globalstar’s space stations licensed by France coordinate with U.S.-
licensed space stations having higher ITU priority.12

II. ANY GRANT OF GLOBALSTAR’S APPLICATIONS WOULD NOT
SERVE THE PUBLIC INTEREST IN THE ABSENCE OF CONDITIONS
TO ENSURE GLOBALSTAR’S IMMEDIATE AND CONTINUING
COMPLIANCE WITH THE FCC’S SPECTRUM ALLOCATION AND
LICENSING DECISION.

A clear purpose of Globalstar’s applications is to evade and negate the global

effect of the FCC’s reallocation and licensing decisions by becoming a French-registered

system. Globalstar has conceded as much. One of the business reasons Globalstar

identified in support of its decision to have France, rather than the United States, license

its future satellites is that the U.S. space station license would not provide “enough global

L-band capacity.”13 Globalstar’s unhappiness with U.S. spectrum allocation and

licensing policies, however, does not mean that Globalstar should be permitted to ignore

the U.S. spectrum authority derived from decisions registered through the ITU

coordination process.

The Commission should take appropriate steps to protect its authority and the

effectiveness of its orders. The FCC can and should continue to make efforts to ensure

that the U.S. retains priority for its ITU registrations over any later in time filings by a

different country. And to the extent the Commission grants Globalstar’s applications, it

should impose the conditions described below.

12
Iridium’s specific proposed draft conditions are discussed below and appended as
Attachment A.
13
Globalstar Amendment and Application at 6 (citing October 15th Modification
Order).

6

A. The Commission Should Impose Conditions Requiring Globalstar’s
Compliance with the MSS Reallocation Order and Globalstar’s
Existing U.S. Satellite License.

Given Globalstar’s continuing disregard for the Commission’s authority,14 the

FCC should, as a prerequisite to and condition of any grant, require Globalstar to operate

in full compliance with its existing U.S. satellite license—including ceasing to operate all

currently in-orbit satellites on spectrum in the 1618.725-1621.35 MHz band outside the

United States. The FCC should also include reporting and monitoring requirements to

ensure that Globalstar fully complies with this condition. Only by doing so can the

Commission finally give effect to the public interest findings that underlay its

reallocation of spectrum to Iridium and, importantly, demonstrate that licensees cannot

flout its rules with impunity.

As the applicant for a license modification, Globalstar bears the burden of

demonstrating that granting its applications would serve the public interest.15 It is

difficult to imagine how Globalstar can meet that burden where, absent conditions,

violations of the Commission’s rules would certainly continue upon grant. Globalstar’s

public interest narrative makes no mention of coming into compliance with the spectrum

14
See Globalstar Licensee LLC, GUSA Licensee LLC, and GCL Licensee LLC,
Application for Modification of License for Operation of Ancillary Terrestrial
Component Facilities; Application for Modification of Nongeostationary Mobile Satellite
Service System License (S2115) To Launch a Second-Generation System; Application for
Modification of Mobile Satellite Service Earth Station Licenses and Mobile Earth
Terminal Licenses To Authorize Communications with Second-Generation System and To
Incorporate Previously-Granted Ancillary Terrestrial Component Authority, File Nos.
SAT-MOD-20080516-00106, SAT-MOD-20080904-00165, SAT-AMD-20091221-
00147, Motion to Hold Globalstar Applications in Abeyance (filed Dec. 31, 2009)
(“Iridium Motion to Hold in Abeyance”) (outlining Globalstar’s numerous violations).
15
See 47 U.S.C. §§ 308(a), (b), 309(a), (e); 47 C.F.R. § 25.117 (2009).

7

limits or technical requirements of its existing U.S. space station license.16 To the

contrary, Globalstar concedes that grant of its pending waiver request would be necessary

to condone its current use of the spectrum between 1618.725 and 1621.35 MHz in Russia

and foreshadows that “at some point in the future once its second-generation ground

network becomes operational, Globalstar may require the ability to operate above

1618.725 MHz from one or more additional gateways outside the United States.”17

Globalstar also acknowledges that it lacks FCC authority for “ongoing modifications to

the operations of its U.S.-licensed satellites.”18 These and other Globalstar violations of

FCC requirements are documented in the “Motion to Hold Globalstar Applications in

Abeyance” filed on December 31, 2009 by Iridium.19

The Commission has ample authority to condition a grant of Globalstar’s

application on compliance with its existing U.S. licensee obligations—including

operating satellites only on their assigned spectrum and in approved orbital planes. The

Communications Act gives the Commission broad authority to grant applications for

license modifications subject to any conditions necessary to the public interest.20

Consistent with that authority, the Commission has often imposed conditions when

16
See Globalstar Amendment and Application at 24-33.
17
Id. at 11, n.17.
18
Id. at 12.
19
See Iridium Motion to Hold in Abeyance, supra note 14.
20
See, e.g., 47 U.S.C. §§ 4(i), 303(r) (“[T]he Commission from time to time, as
public convenience, interest, or necessity requires shall— . . . prescribe such restrictions
and conditions, not inconsistent with law, as may be necessary to carry out the provisions
of this Act.”); see also id. § 316(a)(1) (authorizing the Commission to modify any license
“if in the judgment of the Commission such action will promote the public interest,
convenience, and necessity”).

8

granting applications in order to promote the public interest.21 Here, conditions designed

to stop Globalstar from violating its U.S. satellite license obligations and to ensure

continuing compliance would plainly serve the public interest.

B. The Commission Should Condition Globalstar’s Access to Earth
Stations in the U.S. Market on Reciprocal Access for Iridium’s Mobile
Earth Terminals in the French Market Throughout Iridium’s FCC-
Licensed Spectrum.

Although the Commission presumes that satellites licensed by World Trade

Organization (“WTO”) member nations should be allowed to enter the U.S. market, that

presumption may be rebutted where there is a risk to competition.22 The Commission has

expressly reserved the right to condition or deny applications for market access, even

those by applicants licensed in WTO member nations, in cases where existing safeguards

would not prevent “anticompetitive harm in the U.S. market for satellite services” or “in

the exceptional case in which grant [of the application] would pose a very high risk to

competition.”23

The unique circumstances presented here provide ample risk of competitive harm

for the FCC to condition Globalstar’s U.S. market access on reciprocity from France for

Iridium. The French regulatory authorities have a history of denying Iridium equitable

21
See, e.g., TMI Communications and Company, Limited Partnership and TerreStar
Networks Inc. Application for Review and Request for Stay; TMI Communications and
Company, Limited Partnership, Application for Modification of 2 GHz LOI
Authorization; TMI Communications and Company, Limited Partnership, and Terrestar
Networks, Inc. Request to Assign Spectrum Reservation, Memorandum Opinion and
Order, 19 FCC Rcd 12603, ¶¶ 42-47 (2004) (conditionally granting a request for
modification of certain satellite license milestones, subject to strict conditions that the
Commission found would increase the commitment to complete the system and thus
protect the public interest).
22
Disco II Order ¶¶ 39-41.
23
See id. ¶ 41.

9

access to spectrum in France. For example, since 2004, when Iridium first demonstrated

increased congestion over its network, the French regulatory authorities have denied

Iridium access to any additional portion of the L-band, including the portion of the band

that the Commission has reallocated from Globalstar to Iridium. The French regulatory

authorities have gone so far as to require Iridium to prove that its system would not cause

interference into “CDMA networks” (Globalstar) even on spectrum that is licensed by the

by the relevant ITU registering administration (the United States) exclusively to TDMA

networks (Iridium). Indeed, it is Iridium’s understanding that France supported the ECC

Decision that would allow MSS licensees, in particular Globalstar, to operate on the

entire L-band, subject to operator-to-operator coordination, instead of endorsing the

spectrum division approved by the FCC.

Globalstar’s efforts to register its next-generation satellites with France will only

exacerbate Iridium’s competitive disadvantage in France and other European countries.

The past activities of the French regulatory authorities already pose legal and practical

barriers that limit Iridium’s ability to compete effectively in France and, to the extent that

they influence the market access decisions of other Administrations, in Europe more

broadly. If Globalstar is able to secure from the French government a license to use the

7.775 MHz of spectrum that the FCC has assigned to Iridium’s exclusive use, Iridium

could permanently lose access to some or all of that spectrum in France (and elsewhere),

subjecting it to a further competitive disadvantage.

Finally, Globalstar’s pattern and practice of ignoring FCC orders and rules poses

an additional threat to competition in the U.S. market and internationally. In determining

whether granting U.S. market access to a non-U.S. licensed space station would harm

10

competition, the Commission has specifically noted a “concern[] with the impact of

granting an authorization to an applicant that is unlikely to abide by the Commission’s

rules and policies.”24 In particular, “[t]he past behavior of an applicant may indicate that

it would fail to comply with the Commission’s rules and, as a result, could damage

competition in the U.S. market and otherwise negatively impact the public interest.”25

Globalstar’s past behavior clearly indicates that it would fail to comply with the

Commission’s rules26 and, thus, granting Globalstar’s application poses a very high risk

to competition.

For all these reasons, the Commission should condition authority for U.S.

gateway and mobile earth stations to access Globalstar’s non-U.S.-licensed, “second-

generation” satellites on a reciprocal grant of authority by France to Iridium. In fact,

given that France will be well-positioned to influence decisions made by Administrations

throughout Europe, the Commission should also consider conditioning market access on

reciprocal grants of authority throughout the European Union. Imposing a reciprocity

condition would be an appropriate response to the competitive concerns presented by

Globalstar’s application. Indeed, the Commission is already familiar with and employs a

reciprocity test to ensure competition when considering market access for satellites

licensed by non-WTO member countries. Section 25.137 of the Commission’s rules

expressly requires that “[e]arth station applicants … requesting authority to operate with

a non-U.S. licensed space station to serve the United States must … demonstrat[e] that

24
Disco II Order ¶ 42.
25
Id. (adding, “We find that such conduct demonstrates that an entity is likely to
evade our rules and thus may pose a very high risk to competition.”).
26
See Iridium Motion to Hold in Abeyance, supra note 14.

11

U.S. licensed satellite systems have effective competitive opportunities to provide

analogous services in … [t]he country in which the non-U.S. licensed space station is

licensed.”27 Globalstar’s statement that reciprocal competitive opportunities need not

exist where the proposed non-U.S. licensing country is, as here, a WTO member does not

undermine the Commission’s authority to require reciprocity to address the very high risk

to competition presented in this case.28

C. The Commission Should Protect U.S.-Licensed Space Stations That
Have ITU Priority.

Up to this point, the Iridium and Globalstar systems have been U.S.-licensed, and

coordination has been governed by the Commission’s rules and policies for coordination

between U.S. operators. If Globalstar operates a system that is licensed by France,

however, these rules and policies would no longer apply. Rather, coordination would be

subject to ITU procedures under which systems that lack date priority are required to

coordinate with systems that have date priority.

The U.S. has ITU date priority over France in the 1610-1626.5 MHz band.

Accordingly, the Commission should not grant U.S. landing rights for Globalstar’s space

stations licensed by France until Globalstar has coordinated with any operators licensed

by the FCC on Globalstar’s frequencies.

27
47 C.F.R. § 25.137.
28
Globalstar Amendment and Application at 20-21.

12

D. The Conditions Should Be Clear and Effective

In light of the foregoing, the Commission should impose the following conditions

on any grant of Globalstar’s applications29:

Globalstar’s authorization shall automatically terminate in the event any of
the following three conditions are not met by the specified date:

1. Within 30 days of the effective date of this Order, Globalstar files
a certification that (a) all currently in-orbit satellites and earth stations do
not operate on spectrum in the 1618.725-1621.35 MHz band, including
outside the United States, and (b) all current and future in-orbit satellites
and earth stations will not operate in the future, absent Commission
authorization, on spectrum in the 1618.725-1621.35 MHz band, including
outside the United States.

2. Within one year of the effective date of this Order, (a) Globalstar
submits information sufficient to demonstrate authorization by the
Republic of France [and all members of the European Union] for Iridium
Satellite LLC to use all of its FCC-licensed spectrum and (b) the
Commission determines that grant of United States market access to
Globalstar satisfies the effective competitive opportunities (ECO-Sat)
standard such that any very high risk to competition is mitigated.

3. Within three months of the effective date of this Order and every
six months thereafter, Globalstar submits information sufficient to
demonstrate its compliance with its FCC space station and earth station
authorizations, as conditioned herein.

In addition, the Commission should include conditions requiring that Globalstar’s space

stations licensed by France be coordinated with U.S.-licensed space stations with higher

ITU priority and addressing the possibility that Globalstar nevertheless succeeds in

receiving authority through France to operate in Iridium’s spectrum internationally.30 To

protect the effectiveness of its order allocating that spectrum to Iridium’s exclusive use

29
These conditions are also set forth in Attachment A.
30
Globalstar expects to receive a French authorization to operate “throughout the
entire portion of the L-band spectrum allocated for Code Division Multiple Access
(“CDMA”) MSS operations throughout the rest of the world, subject to national
licensing.” Globalstar Amendment and Application at 6, n.11.

13

internationally, the Commission should commit to granting Iridium reciprocity and

access to operate internationally in the L-band spectrum currently allocated to Globalstar

at 1610-1617.775 MHz:

4. If France grants Globalstar the authority to operate its “second-
generation” constellation internationally in the spectrum allocated
exclusively to Iridium by the Commission, the Commission will grant
Iridium reciprocity and access to operate internationally in the 1610-
1617.775 MHz L-band spectrum currently allocated to Globalstar.

III. CONCLUSION

For the foregoing reasons, Iridium respectfully petitions to deny and seeks

conditions on any grant of Globalstar’s Amendment and Application.

Respectfully submitted,

/s/ Jennifer D. Hindin
Donna Bethea Murphy R. Michael Senkowski
Vice President, Regulatory Engineering Peter D. Shields
Iridium Satellite LLC Jennifer D. Hindin
6701 Democracy Blvd., Suite 500 Wiley Rein LLP
Bethesda, MD 20817 1776 K Street N.W.
(301) 571-6200 Washington, D.C. 20006
(202) 719-7000

April 16, 2010 Counsel to Iridium Satellite LLC

14

ATTACHMENT A

Proposed License Conditions on Grant of Globalstar’s
Application for Modification of its Satellite and Earth Station Licenses

Globalstar’s authorization shall automatically terminate in the event any of the first three
conditions below are not met by the specified date:

1. Within 30 days of the effective date of this Order, Globalstar files a certification
that (a) all currently in-orbit satellites and earth stations do not operate on spectrum in the
1618.725-1621.35 MHz band, including outside the United States; and (b) all current and
future in-orbit satellites and earth stations will not operate in the future, absent
Commission authorization, on spectrum in the 1618.725-1621.35 MHz band, including
outside the United States.

2. Within one year of the effective date of this Order, (a) Globalstar submits
information sufficient to demonstrate authorization by the Republic of France [and all
members of the European Union] for Iridium Satellite LLC to use all of its FCC-licensed
spectrum and (b) the Commission determines that grant of United States market access to
Globalstar satisfies the effective competitive opportunities (ECO-Sat) standard such that
any very high risk to competition is mitigated.

3. Within three months of the effective date of this Order and every six months
thereafter, Globalstar submits information sufficient to demonstrate its compliance with
its FCC space station and earth station authorizations, as conditioned herein.

4. If France grants Globalstar the authority to operate its “second-generation”
constellation internationally in the spectrum allocated exclusively to Iridium by the
Commission, the Commission will grant Iridium reciprocity and access to operate
internationally in the 1610-1617.775 MHz L-band spectrum currently allocated to
Globalstar.

15

AFFIDAVIT OF DONNA BETHEA-MURPHY

I, Donna Bethea-Murphy, am the Vice President of Regulatory Engineering for

Iridium Satellite LLC (“Iridium”). I hereby declare under penalty of perjury that I am

qualified to speak on behalf of Iridium and that I have reviewed the preceding Opposition

submitted on behalf of Iridium, and the factual statements therein are complete and

accurate to the best of my knowledge, information, and belief.

__/s/ Donna Bethea Murphy___

Donna Bethea Murphy
Vice President – Regulatory Engineering
Iridium Satellite LLC

CERTIFICATE OF SERVICE

I hereby certify that on April 16, 2010 I caused a true and correct copy of the

foregoing to be served by first-class mail, unless noted otherwise, on the following:

William F. Adler
Vice President – Legal and Regulatory
Affairs
Globalstar, Inc.
461 S. Milpitas Blvd.
Milpitas, CA 95035

Samir C. Jain*
Josh L. Roland*
Wilmer Cutler Pickering Hale and Dorr LLP
1875 Pennsylvania Ave N.W.
Washington, D.C. 20006
Counsel to Globalstar Inc.
samir.jain@wilmerhale.com
josh.roland@wilmerhale.com

Best Copy and Printing, Inc.**
fcc@bcpiweb.com

* By electronic mail
** By electronic mail only
_/s/ Jennifer D. Hindin___
Jennifer D. Hindin

Document Created: 2010-04-16 18:22:17
Document Modified: 2010-04-16 18:22:17

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