Attachment Opposition

Opposition

OPPOSITION submitted by Mobile Satellite Ventures Subsidiary LLC

Opposition

2006-01-13

This document pretains to SES-MOD-20051110-01561 for Modification on a Satellite Earth Station filing.

IBFS_SESMOD2005111001561_476293

REDACTED
FOR PUBLIC INSPECTION                                                        RECEIVED
                                         Before the                           JAN 1 3 2006
                    FEDERAL COMMUNICATIONS commMIssiON      o                         j¢
                                  j
                             Washington, DC 20584      fdon enutgten pmnini *
                                                                C o m u n i c a t o n
In the matter of

Application of Mobile Satellte Ventures        File Nos. SAT—MOD—20051 104—00212
Subsidiary LLC for Modification of License               SAT—MOD—20051 104—0021 1
to Operate an Ancillary Terrestrial                      SES—MOD—20051104—02556
Component




        CoNsoLIDATED OPPOSITION OF INMARSAT VENTURES LIMITED




DianJ. Comell                                 John P. Janka
Vice President, Government Affairs            Elizabeth R. Park
INMARSAT, INC.                                LATHAM & WATKINS LLP
1100 Wilson Boulevard, Suite 1425             555 Eleventh Street, N.W.
Arlington, VA 22209                           Suite 1000
Telephone: (703) 647—4767                     Washington, D.C. 20004
                                              Telephone: (202) 637—2200
                                              Counselfor Inmarsat Ventures Linited

Jonuary 13, 2006


REDACTED
FOR PUBLIC INSPECTION

                               TABLE OF CONTENTS

      Introduction and Summary .
11.   Application ofthe New ATC Rules to MSV‘s Modification Application .
      A..——  Status of L—Band Coordination and Current MSOperations.
      B. The Last Spectrum Coordination Agreement Expired in 1999
      C.     Deficiencies in MSV‘s Showings
             1.      MSV Has Not Identified All Affected L—Band Satellites
             2.      MSV Has Not Identified All Co—Channel L—Band Segments
             3.      MSV Has Not Shown It Will Protect All Co—Channel MSS
                     Systems From Interference ..
1.    Other Issues

      A.     MSV Has Not Demonstrated That TDD—Based Operations Would Produce
             No More Interference Than the ATC Rules Permit
      B.     Increased Co—Channel Reuse Based on Average ATC Terminal Gain .
      €.     Increased ATC Base Station Power.

IV.   Conclusion.


REDACTED
FOR PUBLIC INSPECTION

                                    Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                              Washington, DC 20554

In the matter of

Application of Mobile Satellite Ventures           File Nos. SAT—MOD—20051104—00212
Subsidiary LLC for Modification of License                   SAT—MOD—20051 10400211
to Operate an Ancillary Terrestrial                          SES—MOD—20051104—02556
Component


        CONSOLIDATED OPPOSITION OF INMARSAT VENTURES LIMITED

               Inmarsat Ventures Limited (¢Inmarsat") opposes the above—referenced
applications of Mobile Satellte Ventures Subsidiary LLC (*MSV") to modify is lienses to
operate an ancillary terrestrial component ("ATC®) in the L—Band.
1.     Introduction and Summary
               In order to take advantage of the operational flexibility provided by the new ATC
rules, and to obtain authority to use a number of emerging technical protocols that MSV
currently is not authorized to use for ATC, MSV seeks to modify ts authorizations to provide
ATC over its U.S—licensed satelltes, AMSC—1 and MSV—1, and the Canadian—licensed
MSAT—L." As set forth below, MSV*s Modification Appliation cannot be granted because
MSV has failed to make the demonstrations required by the new ATC rules that are designed to
protectall other L—Band MSS systems from ATC—generated intererence.
               In its Modification Application, MSV seeks both to () take advantage ofthe
relaxation ofvarious technical limits provided by the new ATC rules, and (i) obtain authority to
use various terrestrial protocols beyond the GSM, edma2000 and W—CDMA protocols specified

‘ Applications ofMobile Satellte Ventures Subsidiary LLCfor Modification ofLicense to
  Operate an Ancillary Terrestrial Component, File Nos. SAT—MOD—20051104—00212; SAT—
  MOD—20051 1040021 1; SES—MOD—20051 104—02556 (filed Nov. 4, 2005) (collectively, the
  "Modification Application).


 REDACTED
 FOR PUBLIC INSPECTION

in MSV‘s current ATC authorization. Specifically, MSV seeks authority to also provide
Frequency Division Duplex (FDD) and Time Division Duplex (TDD) based ATC, using
Orthogonal Frequency Division Multiplexed (OFDM) and Orthogonal Frequency Division
Multiple Access (OFDMA) packet data protocols, such as WiMAX.
                Unfortunately, MSV has failed to make the factual showings that are
preconditions to obtaining modified ATC authority to use these new technologies. Specifically,
in order to ensure that MSV‘s ATC operations do not cause interference to other L—Band MSS
systems, the new ATC rules require that MSV: (} identify all other L—Band MSS setellites
operating at orbital locations visible from any part ofthe United States, (1)identify the band
segments used by those satelltes on which MSV wishes to provide ATC, and, most importantly,
(ii) demonstrate the level ofinterference that MSV*s MSS system is entiled to generate in each
such band segment used by each such L—Band satellte (Le, the level ointerference that the
other MSS system has accepted as not adversely affecting its operations).
               First, MSV has not even attempted to identify the L—Band satelltes operating in
the portions ofthe orbital are that are visible from any part ofthe United States..Inmarsat alone
has seven such spacecraft in operation in those parts of the are." By Inmarsat‘s account, there are
at least ten other such satellites, operated by five entities(and using portions ofthe L—Band in
which MSV desires to provide ATC). This demonstration is the predicate for the second
required showing.
             Second, MSV overstates by a factor ofmore than nine times the amount of spectrum
that it uses on an "exclusive"(non—co—channel) basis. By Inmarsat‘s calculation, almost all of
the L—Band spectrum that MSV claims it may use also is used by other L—Band systems at orbital



* Inmarsat intends to deorbit one of these seven satellites as soon as possible.


REDACTED
FOR PUBLIC INSPECTION

Tocations that can "see" all or part ofthe United States. Thus, more than 90% of MSV‘s

proposed ATC spectrum is subject to rules that constrain MSV‘s ATC deployment in those band
segments, compared to MSV‘s claim that only approximately 21% is subject to such rules. This
showing, which MSV has failed to make, is the starting point for te third required showing.
               Third, MSV has failed to establish the necessary interference protection criteria

that apply to the "shared" portions ofthe L—Band that MSV seeks to use for ATC, which also are
used by other MSS operators at orbital locations visible from parts of the United States. And

MSV certainly has not proposed interference criteri that would adequately ensure that MSV‘s

ATC deployment does not cause more than the maximum level ofinterference permitted by the
new ATC rules.

               Finally, MSV has not adequately substantiated its proposed use ofTDD
technology. TDD technology results in a band being used in both directions, and therefore raises

two new interference dymamics not addressed by the new ATC rules: (}) nterference from the
ATC transmitting base stations into the sidelobes of MSS satellite beams serving areas outside of

the United States; and (1) overload/intermodulation interference from the ATC mobile terminals
operating in the proximity of mobile MSS earth terminal receivers in the United States. The new
ATC rules permit the use ofa "non—forward—band" mode ofoperation, such as TDD, as long as
the applicant demonstrates that TDD will produce no greater potential interference than the level
otherwise permitted by the ATC rules. MSV has not made that showing.
               For these reasons, MSV‘s ATC Modification Application cannot be granted
unless and until MSV makes the required demonstrations that will ensure, under the terms of the

new ATC rules, that all orher L—Band MSS systems, including the newly—launched Inmarsat—4


REDACTED
FOR PUBLIC INSPECTION

spacceraft, are protected from ATC:generated interference. Other aspects ofMSV‘s
modification request, that do not present these fundamental problems, are addressed below.

11.    Application of the New ATC Rules to MSV‘s Modification Application
               In the 2005 ATC Order, the Commission adopted a framework for authorizing

ATC operations that is based on () the extent to which other MSS systems in certain parts of the
orbital arc use the same band segments that are proposed for ATC, and (i) the interference
protection criteria that apply to MSS use ofthose band segments." Under these rules, different
band segments proposed for ATC can be subject to different technical imits. Specifically, the
rules provide four different categories of imits:
       * Category 1: In spectrum that is "coordinated for the exclusive use of an MSS
         Applicant within the land area ofthe U.S., where there is no other L—Band MSS
         satellite making use ofthat band segment within the visible portion ofthe
         geostationary are as seen from the ATC coverage area," the main limits on ATC
         deployment are the emission limitations specified in the Commission‘s rules.*
       * Category 2: In band segments coordinated for shared use between the ATC applicant
         and another MSS operator,and where the agreement existed prior to Pebruary 10,
         2005, and permits a level ofinterference of6% AT/T or greater, ATC operations may
         increase system noise to the other system by up to an additional 1% ATT.
       * Category 3: In band segments coordinated for shared use between the ATC applicant
         and another MSS operator, and where the agreement existed prior to February 10,
         2005, and permits a level of nterference of less than 6% AT/T, the Applicant‘s
         combined MSS and ATC operations may not increase system noise to the other
           system over 6% ATT.®


* See Flexibiliyfor Delivery ofCommunications by Mobile Satellite Service Providers in the 2
  GHBand, the L—Band, and the 1.6/2.4 GHz Bands, Memorandum Opinion and Order and
  Second Order on Reconsideration, 20 FCC Red 4616, Appendix B, § 25.253 (2008) 2005
  ATC Order®). Certain aspects of this decision are subject to Inmarsat‘s Petition for
  Reconsideration. Any modified ATC authority provided under the 2005 ATC Order should be
  conditioned upon the outcome of the pending Petition for Reconsideration.
147 CBR. 5252530000
5 1d. at § 25.253@)G).
* 1d. t § 25.253(@)0).


REDACTED
FOR PUBLIC INSPECTION

        * Category 4: In band segments in which the Applicant has no rights under a
            coordination agreement, he rules prohibit ATC implementation."
                Thus, the critical factual predicates that MSV must establish, as a condition to
receiving modified ATC authority, are () whether there are any other L—Band MSS satelltes at
an orbital location visible from any part ofthe United States, (i) whether there are any band
segments used by those other L—Band systems in which MSV also proposes to provide ATC, and
(i) the level of interference that MSV‘s MSS system is entitled to generate in each such band
segment used by another L—Band satelite.
                MSV alleges that most of the spectrum in which it proposes to provide ATC falls
into Category 1, and that there are virtually no constraints on the extent to which it can provide
ATC in those band segments. MSV alleges that the remainder of ts spectrum fills into Category
3, and that the relevant "AT/T"interference limit that constrains its ATC deployment on those
bands is a 58.6% value that MSV alleges applies with respect to Inmarsat. MSV is wrong on
both counts.
               Right before filing this ATC Modification Application, MSV asserted, in another
context, that [REDACTED]." Thus, there simply is no agreement designating specific band
segments for MSV‘s exclusive use over the land mass ofthe United States. In the absence of
such an agreement, the five parties to the Mexico City MoU have continued to coordinate their



" 14. at § 25.253(@)@).
* Petition of Mobile Satellite Ventures Subsidiary LLC to Hold in Abeyance or to Grant with
  Conditions, Stratos Communications Inc., Application for Tite II! Blanket License to Operate
  Mobile Earth Terminals with Inmarsat 4F2 at 52.75°W, File Nos, SES—LFS—20050826—01 175;
  SES—AMD—20050922—01313; Stratos Communications, Inc. Application for Section 214
  Authorization to Operate Mobile Earth Terminals with Inmarsat 4F2 at 52.75°W, FCC File No.
  ITC—214—20050826—00351, at 4 (filed Oct. 28, 2005) ("October 2005 MSV Petition to Hold In
  Abeyance") (confidential version).


REDACTED
FOR PUBLIC INSPECTION

operations informally and have been operating interference—free." Because Category 1 does not
apply to MSV‘s Modification Application in such circumstances, MSV is wrong that there are no

limits on its proposed ATC operations in certain band segments.
               Moreoer, by Inmarsat‘s calculations, almostall ofthe L—Band spectrum that

MSV claims the right to use on an "exclusive basis® actually is used by other L—Band systems at

orbital locations that can "see" the United States. Thus, more than 90% of MSV‘s proposed

ATC spectrum is subject t rules that constrain MSV‘s ATC deployment in those band segments.

               Furthermore, Inmarsat has never agreed to accept the level ofinterference from

MSV‘s co—channel operations that MSV asserts is relevant for ascertaining the limits on MSV‘s

ATC deployment that apply to L—Band frequencies that might fall into Category 2 or 3. Nor does
MSV otherwise establish that the 58.6% ATT interference limit it cites is the appropriate level

ofco—channel interference for MSV to generate into other MSS spacecraft operating at orbital
Tocations that are visible from the United States.

               Below, Inmarsat provides background on the current state of the L—Band, and then

addresses in further detail the deficiencies in MSV‘s showings.

       A.      Status of L—Band Coordination and Current MSS Operations

               As a general matter, use of the L—Band by certain satellte networks of the United

States, the United Kingdom, Canada, Russia and Mexico, is governed by the 1996 Mexico City

Memorandum of Understanding (the "Mexico City MoU® or ©1996 MoU®). The 1996 MoU

does not assign specific frequencies to any L—Band operator,or any satellte network, but rather
provides that frequeney assignments are to be made through mutually negotiated coordination

* See, e.g, Mobile Satelite Ventures Subsidiary LLC, DA 05—1492, at 1 34 (rel. May 23, 2005)
  ("MSV 101° Order"); Mobile Satellite Ventures Subsidiary LLC, DA 05—50, at1 23 (rel. Jan.
   10, 2005) ("MSY63.5° Order"); Kitcomm Satellie Communications Lid., 19 FCC Red 6069 4
  9 (2004) ("Kitcomm")


REDACTED
FOR PUBLIC INSPECTION

agreements, of limited duration, and based on actual usage and short term projections of need by

each system."" The Commission has confirmed that under the 1996 MoU, [REDACTEDJ—"" In
practice, there have been four operating agreements, assigning specific frequencies to specific
operators to be used in specific geographic regions, each one expiring at the end of the calendar
year that it governed.
               As the Commission has recognized on several occasions, the last such operating

agreement expired by its own terms on December 31, 1999 and therefore is no longer effective.""
In another context, MSV itself asserted just a few weeks before filing these very ATC
Modification Applications, that [REDACTED]."" This is consistent with the interpretation
MSV*s predecessor, AMSC, had in 1999 "[REDACTEDJ.""* Because the 1999 Operating
Agreement has expired, there is no specific assignment of L—Band frequencies to any of the L—
Band systems whose spectrum rights derive from the Mexico City MoU.
               The Commission has repeatedly acknowledged that while there has been no L—
Band spectrum coordination agreement in existence since 1999, "the five parties have continued


®PCC Halls Historic Agreement on International Satellte Coordination, Report No. IN 96—16
 (re. Jun. 25, 1996) (‘Spectrum allocations to individual operators will be reviewed annually on
 the basis of actual usage and short—term projections of future need.")
‘"See [REDACTED].
‘"See Comsat Corporation db/a Comsat Mobile Communications, et al., 16 FCC Red 21661, 4 6
 (2001) (‘No operator—to—operator agreement has been in effect since year—end 1999") ("Comear
 Order", SatCom Systems, Inc.,14 FCC Red 20798, 4 34 (1999) ("SatCom Order")
 (recognizing that without a new operating agreement,the 1999 Agreement would expire atthe
 end ofthe year; "The operator—to—operator agreement expires on December 31 each year."); see
 also MSY 101° Order at § 34; MSV 63.5° Order at § 23; Kitcomm at19.
"October 2005 MSV Petition to Hold In Absyance at 4 (confidential version).
"[REDACTED}; see also Letter to Magalie Roman Salas, FCC, from Lon C. Levin, Vie
 President and Regulatory Counsel for American Mobile (Oct. 19, 1999)(cited in SarCom
 Order, 14 FCC Red at n.87); see also AMSC Subs. Corp. v. FCC, 216 F3d 1154, 1159—1160
 (D.C. Cir. 2000) (recognizing AMSC‘s statement that the last coordination agreement expired
 on December 31, 1999).


REDACTED
FOR PUBLIC INSPECTION

to coordinate their operations informally and have been operating interference—fiee.""" The
Commission also has recognized that all operators have equal rights o all channels in the band."*
               In the case of satellite operations, the Commission has not required successful
negotiation of an intemational coordination agreement as a prerequiste to commencing or
continuing service in the L—Band."""In the absence of a currently effective L—Band coordination
agreement,the Commission has a clear policy to promote new L—Band services, provided that
new operations are conducted on a non—harmful iterference basis. As the Commission has
recognized, L—Band operators have informally coordinated their MSS systems in the absence of a
coordination agreement designating specific band segments for the use ofspecific operators and
have operated free from harmful interference since1999."" Just last year,the Commission
authorized MSV to operate two next—generation L—Band spacecraft whose operations had not yet
been coordinated, acknowledging that no coordination agreement was in place, but simply
requiring that MSV operate on a non—harmful intererence basis.""
               Recently, a number of Inmarsat‘s distributors have filed applications secking to
utllze the recently—launched Inmarsat—4 spaceeraft at 53° W.L. to both i) support the continued
provision of services that have been provided for years over the Inmarsat—3 spacecraft that has
successfully co—existed with MSV since the 1999 Operating Agreement expired, and (i) allow
the provision of new and innovative MSS broadband services. Even though Inmarsat has


"MSV 101° Order at § 34; MSV 63.5° Order t § 23; Kitcomm at 1 9 (2004).
"See 2005 ATC Order at n.91.
‘"See, e,g, Comsat Order; MSV 101° Order at 1 34; MSY 63.5° Order at1 23.
"MSV 101° Order at 134; MSV 63.5° Order at 1 23.
"MSV 101° Order at 1 34; MSV 63.5° Order t 123; see also OuterLink, Inc., Applicationfor a
  Blanket Authorization to Operate 20,000 Mobile Earth Terminals in the 1530—1559 MFz and
  1638.5—1642 MHz Prequency Bands (E980203), 17 FCC Red 12757, 4 7 (2002).


REDACTED
FOR PUBLIC INSPECTION

committed to operating the Inmarsat—4 spacecraft in a monner that will not adversely affect the
basis under which MSV currently uses the L—Band on its MSS spacecraft, MSV has urged that
the Commission not authorize Inmarsat—to provide service to the United States in the absence
of a new coordination agreement"
        B.     The Last Spectrum Coordination Agreement Expired in 1999
               The Commission‘s ATC rules expressly provide: "In a band segment in which
the [ATC] Applicant has no rights under a coordination agreement, the Applicant may not
implement ATC in that band.""" Thus, it is incumbent on MSV to demonstrate the basis on
which it claims rights to use particular spectrum segments under a coordination agreement, the
terms and conditions under which those rights were established, and the extent those rights stll
exist. MSV, however, does not even indicate the basis on which it asserts that various band
segments are coordinated for its exclusive use, or ts shared use."" As noted above, the last
coordination agreement that Inmarsat entered into with MSV, assigning specific band segments
to specific operators, expired over six years ago.
               In Inmarsat‘s view, the absence since December 31, 1999 of an operators‘
agreement under the Mexico City MoU, need not,under the Commission‘s ATC rules, be a
barrier to MSV providing ATC. In faet, it should no more be a barrier to MSV being able to
obtain an ATC authorization under the Commission‘s new rules than it should be a barrier to
Inmarsat obtaining authority to use its new Inmarsat—4 satellte to serve the United States.
However, applying the logic MSV has articulated in opposing the applications t use the


*See, e., October 2005 MSV Petition to Hold In Abeyance at 1 (public copy; redacted).
"47 C.RR. $252530)0).
""See Modification Application at3, n. 6.


REDACTED
FOR PUBLIC INSPECTION

Inmarsat—4 satellite for United States service,"" the provisions of47 C.F.R. § 25.253(2)(4) should
lead to immediate dismissal ofMSV‘s ATC Modification Application.
               As a conceptual matter, and notwithstanding the strictterms of 47 C.E.R. §
25.253(a)(4), ATC should be allowed in the L—Band as long its provision in any given band
seament does not adversely affect the L—Band MSS spacecraft that are using those same band
segments, o the more advanced L—Band MSS spacecraft that are being placed into service or are
expected to be launched in the near future. Thus, Inmarsat believes that the Commission can
consider MSV‘s modification application, but only at such time as: (i) MSV fully addresses the
extent to which Inmarsat and other MSS operators are using, on a co—channel basis, the portions
ofthe L—Band in which MSV wishes to provide ATC, and (i) MSV identifies objective and
appropriate criteria pursuant to which co—channel protection will be afforded to all MSS systems
using, at orbital locations visible from any part ofthe United States, any of the band segments in
which MSV wishes to provide ATC.
       C._     Deficiencies in MSV‘s Showings
               As noted above, to determine the ATC reuse limitations that apply to MSV, MSV
must first identify () all other L—Band MSS satellites operating at orbital locations visible from
the United States, and (1) the band segments used by those satellites on which MSV wishes to
provide ATC. Next, MSV must demonstrate the level of interference that MSV‘s MSS system is
entitled to generate in each such band segment used by each such L—Band satellite. MSV has



"‘See, eg, October 2005 MSV Petition to Hold In Abeyance; Comments of Mobile Satellte
 Ventures Subsidiary LLC to Telenor Satelite,Inc. Request for Special Temporary Authority,
 File No. SES—TA—20051216—01756, Stzatos Communications, Inc. Request for Special
 Temporary Authority, File No. SES—$TA—20051216—01760 et al, SkyWave Mobile
 Communications, Corp., Request for Special Temporary Authority, File No. SES—STA—
 20051222—01788, Satamaties, Inc. Request for Special Temporary Authority, File No. SES—
 STA—20051223—01790 (filed Dec. 28, 2005).

                                                10


REDACTED
FOR PUBLIC INSPECTION

failed to make the requisite showings, and Inmarsatdisagrees with much ofthe limited data that
MSV has provided.
               1.   MSV Has Not Identified All Affected L—Band Satellites
               MSV has failed toidentify all L—Band satelltes currently operating within the
portion of the geostationary are with a view of any part of the United States. Inmarsat alone has

seven such spacecraft, one of which is planned to be deorbited as soon as possible. Nor has
MSV identified the similarly situated spacecraft of other MSS operators. By Inmarsat‘s
calculation, there are at least ten such other spacecraft operated by five operators. To Inmarsat‘s
knowledge, each of those spacecraft uses a portion ofthe L—Band that MSV seeks to use for
ATC.
               2.     MSV Has Not Identified All Co—Channel L—Band Segments
               Table 1 of the Modification Application, which MSV filed on a confidental basis
Hists the band segments in which MSV seeks to operate ATC and identifies such bands as either
shared ("co—channel") or not shared ("non—co—channel") with other MSS satellites visible to the
United States. That table appears to address only the co—channel uses being made by Inmarsat‘s
MSS spacecraft, and it is not accurate even in that regard.
               Table I—1 of Exhibit A to this Opposition, filed under the Commission‘s
confidentiality proceduzes, " lists the L—Band frequencies currently used by Inmarsat on certain
of ts MSS systems operating in the portion of the geostationary are with a view ofthe United
States. Exhibit A also () provides information of which Inmarsat is aware about certain




""Inmarsat submits Table I—1 of Exhibit A subject to a request for confidentil treatment. The
 table contains information relating to the 1996 MoU, the spectrum currently used by each L~
 Band MSS provider, matters of international spectrum coordination, and other information of
 which the parties maintain confidentiality as a matter of course.


                                                11


REDACTED
FOR PUBLIC INSPECTION

similarly situated MSS spacecraft operated by other MSS providers, and (i) identiies the
inaccuracies that Inmarsat has identified in Table 1 of MSV‘s Modification Application.""
               By insccurately reflecting co—channel uses ofthe L—Band by other MSS systems
operating in the portion ofthe geostationary are with a view ofthe United States, MSV
overstates by a factor of more than nine times the amount of spectrum that it uses on an

Sexclusive" (non—co—channel) basis. Thus, MSV is simply wrong about many ofthe spectrum
bands in which it claims to be entitl to unlimited ATC use under Section 25.253(a)(1) ofthe
ATC rules.
               3.     MSV Has Not Shown It Will Protect All Co—Channel MSS Systems
                      From Interference
               In bands that MSV shares with other MSS systems on a co—channel basis, the

ATC rules constrain MSV‘s ATC deployment to levels consistent with the interference limits

that MSV has already coordinated to protect those other MSS systems. MSV does not identify

the coordination agreements to which it is a party that allow the derivation ofthe 58.6% ATT

interference limit that MSV assertsis applicable in all frequency bands it shares with other MSS

systems on a co—channel basis."" More important, Inmarsat has not agreed to acceptthis level of
interference from MSV‘s co—channel operations. Similarly, MSV has failed to provide any
information about the appropriate interference limits that apply with respect to the other MSS


®"Inmarsat‘s analsis is based on the assumption, consistent with the service areas of the MSV
  spacecraft, hat ATC authority is sought in all 50 states, Puerto Rico, and the U.S. Virgin
  Islands.
* Other than briefly citing to certain technical parameters assumed by the Commission in its
 February 2003 ATC Order, MSV does not reference any coordination agreement as the basis
 for this value. See Modification Application at 3. Nor is the genesis of that value apparent
 from the February 2003 ATC Order. See Flexibilityfor Delivery ofCommunications by MSS
 Providers in the 2 GHz Band, the L—Rand, and the 1.6/2.4 GHe Rands, Report and Order, 18
 FCC Red 1962, Appendix C2, Table 2.1.1.C. (2003) (‘Pebruary 2003 ATC Order®).

                                               12


REDACTED
FOR PUBLIC INSPECTION

systems, operating at orbital locations that are visible from the United States, that use one or
more ofthe band segments that MSV proposes for ATC.
                  Nor does MSV‘s proposed interference limit take into account the advanced
designs of new spot beam satelltes, such as Inmarsat—4 and MSV‘s own next—generation satellite

that will be launched in as few as three years,"‘ which use multiple small spot beams, rather than

the larger area—coverage beams, and which can provide service to smaller,lighter,and less
expensive MSS user terminals than ever before. These new designs, which reflect a natural
evolution in spacecraft design, provide much higher power, are much more spectrally efficient,
support many new and innovative MSS services, and thereby enable MSS providers to better
meet the requirements of the public.
IHL.        Other Issues
            A.    MSV Has Not Demonstrated That TDD—Based Operations Would Produce
                  No More Interference Than the ATC Rules Permit

                  Inmarsat understands the desize of MSV to retain an option to implement an ATC
system that uses a Time Division Duplex (TDD)transmission scheme. However, TDD
technology results in a band being used in both directions, and therefore introduces two new
interference signal paths, as noted by MSV:
       (©         Interference from the ATC transmitting base stations into the sidelobes of MSS
                  satellte beams serving areas outside ofthe United States; and

   (0)            Overload/intermodulation interference from the ATC mobile terminals operating
                  in the proximity of MSS mobile earth terminal receivers in the United States.

                  The ATC rules allow such non—forward—band ATC uses as long as the applicant
demonstrates that "the use ofa non—forward—band mode ofoperation in such a system
*‘ Press Release, Bocing Announces Largest Satellte Contract in Nine Years with Mobile
 Satellite Ventures (Jan. 11, 2006) (available at
 wwwbocing.com/news/releases/2006/{q1/060111d_orhtml).

                                                 13


REDACTED
FOR PUBLIC INSPECTION

architecture will cause no greater interference to other MSS systems in the L—Band than the rules
permit.""" MSV, however, has not shown how TDD would produce no greater interference than
the ATC rules permit.
               First, as explained above, MSV has failed to establish the necessary interference
protection criteria that apply to the "shared" portions ofthe L—Band which MSV secks to use for
ATC, which also are used by other MSS operators at orbital locations visible from the United
States. And MSV certainly has not proposed interference criteria that would adequately ensure
that MSV‘s ATC deployment does not cause more than the maximum level ofinterference
permited by the new ATC rules. Thus, MSV has not established the requisite technical
"baseline" against which the impact ofa TDD scheme can be assessed.
               Regarding the firstinterference path identified above, MSV has not accurately
calculated the discrimination of the ATC base station antenna in the direction of the Inmarsat

satelltes. As an initial matter, MSV‘s assertion that the discrimination of the ATC base station

antenna in the direction of the Inmarsat satelltes is 20 dB is based only on MSV measurements
using the MSAT—2 satellt."" The elevation to this satellte from the test locations is
approximately 38°, whereas the elevation to the various Inmarsat satellites from the ATC service
area will be significantly lower than this. For example, for the Inmarsat AORE satelite at
15.5°W and the POR satellte at 178°W, the elevation angle is between 0° and approximately 15°
from CONUS, and for the Inmarsat AORW satellite at 54/53°W,° the majority of CONUS sees
the satelliteat an elevation angle in the range 10° to 35%, This will result n less discrimination



"* 2005 ATC Order at 74.
®* See Modification Application, Technical Appendix, Supplement at 12.
 An Inmarsat—3 satellte currently located at 54° W.L.is scheduled to be replaced by an
 Inmarsat—4 spacecraft in late January, 2006.

                                                 14


REDACTED
FOR PUBLIC INSPECTION

than 20 dB, due to the direct signal path to the satellite being closer to the main beam ofthe base
station antenna, as well as greater reflection from the ground atthe lower slant angles. Based on
data provided by MSV in Figure 1 of its Supplement to the Technical Appendix, the sidelobe
Hevels would be approximately 20 dB higher for 15° elevation angle, and this would impact both
the direct and ground reflected signal paths. Hence, MSV‘s own data show that, rather than the
20 dB measured by MSV towards the higher elevation MSAT—2 satellte, there may be no
discrimination at all towards the low elevation satelltes.
               Thus, MSV has not adequately identified the appropriate ATC base station re—use
factor for MSV‘s TDD operation, in uplink band segments shared with Inmarsat. Because this is
such a critical aspect of the TDD system design, further measurements should be taken with low
elevation satellitesin order to confirm the actual base station discrimination values.
               Regarding the second interference path described above, MSV has not adequately
addressed the increased risk ofoverload/intermodulation interference to Inmarsat‘s MSS mobile
earth terminal receivers operating in the vicinity ofATC mobile terminals. Previously, when
MSV was proposing only to use MSS frequencies for ts ATC system co—directionally with the
MSS allocation, this type ofinterference would have occurred only in the vicinity offixed ATC
base stations. Thus, the Commission concluded that the likelihood ofan Inmarsat mobile
terminal actually experiencing overload interference was not great, because the likelihood of an
Inmarsat mobile terminal operating in the vicinity of an ATC base station was low."" Moreover,
the Commission decided to require ATC operators to notify affected MSS operators of any ATC




*‘ 2005 ATC Order at 1 56.

                                                15


REDACTED
FOR PUBLIC INSPECTION

base stations that could pose intermodulation problems, so the parties could seck a mutually

acceptable solution.""

                With the introduction ofTDD operation by MSV‘s proposed ATC system, the
possible locations where such interference may occur would increase dramatically, and these
"no—£0" areas would constantly changeas a resultofthe mobility ofthe ATC mobile terminal.
And it is not clear how intermodulation problems successfully could be resolved in such a
scenario. For these reasons, MSV has not met its burden to demonstrate that TDD—based ATC
operations would produce no greater interference than the ATC rules permit
        B.     Increased Co—Channel Reuse Based on Average ATC Terminal Gain
               MSV *veserves the right," at a future date, to provide test data demonstrating that
the spatially averaged gain of ts ATC terminals in directions associated with co—channel
sutellites of other MSS operators is less than 0 dBi. MSV seeks to do this so that it may attempt
to justify more intensive re—use of certain band segments for ATC.""
               Inmarsat does not object,in principle, with this concept. In such a case, however,
it is important that all co—channel satellites of other MSS operators be accurately identified, and
that such test data provide the spatially averaged gain in the direction of all such co—channel
sutellites. Otherise, all satellite networks that share, on a co—channel basis, any of the band
segments that MSV uses for ATC may not adequately be protected to the interference protection
values specified in the ATC Rules.
               For these reasons, Inmarsat urges the Commission to place any such test data that

MSV may submit on public noticeto allow all nterested parties an opportunity to comment.


""1d. ar 59.
* See Modification Application t 8, Technical Appendix at 1, 2.

                                                 16


REDACTED
FOR PUBLIC INSPECTION

MSV has not accurately identiied in its application all such co—channel uses that existtoday,
and, absent public notice and comment, the Commission may not otherwise become aware ofall
such other uses.
        C._    Increased ATC Base Station Power
               MSV seeks a waiver to allow it to deploy base stations with more than the
prescribed level of antenna gain,as long as the base station EIRP does not exceed prescribed
Himits. In other words, MSV appears to seek flexibility to trade off lower input power into an
anterna for the ability to use a higher gain anterna. Footnote 19 to MSV‘s Technical Appendix,
however, notes that in certain areas where MSV may face difficulty acquiring ATC base station
sites, the onlvisble solution for providing contiguous, uninterrupted ATC service in those areas
may be to increase base station EIRP by increasing antenna gain."* Actually increasing base
station EIRP in this manner does not appear to be the intent ofthe waiver that MSV seeks, and
MSV should clarify that it is not actually seeking to increase base station EIRP. To the extent
that MSV does seek authority to increase base station EIRP, by, for example, increasing the
power transmitted into the base station antenna, the Commission should require MSV to make an
appropriate prior technical showing to justify such higher EIRP levels. Doing so would be
necessary to ensure that co—channel, as well as adjacent channel, MSS operations are adequately
protected.




* Modifiation Application, Technical Annex at 10 n.19.

                                               17


REDACTED
FOR PUBLIC INSPECTION

IV.    Conclusion
               MSV has failed to make the demonstrations required by the new ATC rules,
which are designed to protect other L—Band MSS systems from ATC—generated interference.
The Commission should not grant MSV‘s Modification Application unless and until MSV makes
the required demonstrations that will ensure that all orher L—Band MSS systems are protected
from ATC—generated interference.
                                                   Respectfully submitted,


Diane J. Comell
Vice President, Government Affairs
INMARSAT, INC.                                       A
1100 Wilson Boulevard, Suite 1425                  555 Eleventh Street, N.W.
Arlington, VA 22209                                Suite 1000
Telephone: (703) 647—4767                          Washington, D.C. 20004
                                                   Telephone: (202) 637—2200
                                                   Counselfor Inmarsat Ventures Limited

January 13, 2006




                                              18


 REDACTED
 FOR PUBLIC INSPECTION

                                           EXHIBIT A


                                 Identification of Shared Bands

Table 1—1 attached hereto summarizes the current uses of each band segment in the L—Band
uplink frequency range by Inmarsat, MSV, and other L—Band operators authorized by the
Administrations of Mexico, Russia, Tapan, Australia, and Indonesia. As demonstrated by the
table, MSV overstates the amount of spectrum on Table 1 ofthe Modification Appliation that is
not shared on a co—channel basis with L—Band satellites operating in the geostationary are visible
to the ATC service area that MSV proposes to serve.
The L—Band uplink frequencies are shown as a series of contiguous band segments in each row
of the table. The downlink frequencies used by each operator are assumed to match its uplink
frequencies, except in a very small number of cases where an operator is operating only in the
uplink orin the downlink direction.
The cross—hatches in the columns of the table indicate certain cases where an operator is making
use of a band segment in one or more beams of its satellite network. The table includes uses by
the following L—Band satelites, which are some of the L—Band stellites that are visible to the
ATC service area:

      Inmarsat—3 satellites: POR (178°W), AORW (54°W) and AORE (15.5°W)"
      MSV satelites:   U.S.lcensed (101°W) and Canadian licensed (106.5°W)
      Mexican satellte: 113°W
      Russian satellites: 170°W, 14°W, 140°E, 128°E and 145°E
      Japanese satellite: MT—SAT (140°E)
      Australion satellites: AUSSAT (156°E and 160°E)
      Indonesion satellite: AceS (123°E)
A small number of eross—hatches with a gray shaded background indicate [REDACTEDJ.
The spectrum segments being used by MSV (both United States and Canadian networks) are
categorized as "NCC" (non—co—channel)or "Shared" in the right hand columns of the table. A
band segment is "Shared"ifthe segmentis being used on a co—channel basis by MSV and
another satellite visible to the ATC service area. On the other hand, a band segment is "NCC" if
the segment is used by MSV and is not used by any other satelite visible to the ATC service
area.
The column entiled "Actual MSV Spectrum Availability" indicates the category ofthe band
segment used by MSV based on current operations ofthe L—Band operators. The column entitled
"Claimed MSV Spectrum Availability" indicates the category ofthe band segment asserted by
MSV in Table 1 of its Modification Application.

* Inmarsat—4 is being brought into service at 53° W.L. later this month.


REDACTED
FOR PUBLIC INSPECTION

The amount of spectrum in each of the two categories appears as a summation at     bottom of
the "Actual MSV Spectrum Availability® and "Claimed MSV Spectrum Availabil          columns.
According to MSV, there is [REDACTED] MHz in the "NCC"category and only
[REDACTED] MHz in the "Shared" category. However, Inmarsat‘s analysis demonstrates that
the "NCC" band segments consist of [REDACTED] MHz, and the "Shared" category consists
of [REDACTED] MHz. Therefore, under the ATC rules, MSV‘s proposed ATC system is
subject to interference limits in a much larger proportion ofthe spectrum than MSV indicated in
its Modification Application.


REDACTED
FOR PUBLIC INSPECTION

                        TABLE L

                        [REDACTED]


                     ENGINEERING INFORMATION CERTIEICATION

         Ihereby certify that I am the technically qualiied person responsible for reviewing the
engineering information contained in the foregoing submission, thatI am familiar with Part 25 of
the Commission‘srules, that I have either prepared or reviewed the engineering information
submittd in thispleading, and that it is complete and accurate to the best of my knowledge and

beliet




                                               Peulad fs
                                             Richard J. Bamett, PhD, BSc
                                             Telecomm Strategies,Inc.
                                             6404 Highland Drive
                                             Chevy Chase, Maryland 20815
                                             (301) ese—2969

Dated: January 13, 2006


                                CERTIFICATE OF SERVICE


        1, Olivia D. Freeman, hereby certify that on this 13° day of January 2006, served a true
 copy of the foregoing Consolidated Opposition of Inmarsat Ventures Limited by first class mail,
 postage pre—paid (or as otherwise indicated) upon the following:

Roderick Porter®                                 Andrea Kelly*
International Bureau                             International Bureau
Federal Communications Commission                Federal Communications Commission
445 12° Street, SW                               445 12° Street, SW
Washington, DC 20554                             Washington, DC 20554

Cassandra Thomas*                                Robert Nelson®
International Bureau                             International Bureau
Federal Communications Commission                Federal Communications Commission
445 12° Street, SW                               445 12" Street, SW
Washington, DC 20554                             Washington, DC 20554

Scott Kotler®                                    William Bell*
International Bureau                             International Bureau
Federal Communications Commission                Federal Communications Commission
445 12" Street, S.W.                             445 12" Street, S.W.
Washington, DC 20554                             Washington, DC 20554

Bruce D. Jacobs                                  Jennifer A. Manner
David S. Konezal                                 Vice President, Regulatory Affairs
Pillsbary Winthrop Shaw Pittman LLP              Mobile Satellite Ventures Subsidiary LLC
2300 N Street, N.W.                              10802 Parkridge Boulevard
Washington, DC 20037—1128                        Reston, Virginia 20191

Howard Griboft®                                  Karl Kessinger®
International Bureau                             Interational Bureau
Federal Communications Commission                Federal Communications Commission
445 12th Street, S.W.                            445 12" Strect, S.W.
Washington, DC 20554                             Washington, DC 20554
Kathryn Medley®                                  Sean O‘More*
Intemnational Bureau                             International Bureau
Federal Communications Commission                Federal Communications Commission
445 12® Street, S.W.                            445 12" Strect, S.W.
Washington, DC 20554                             Washington, DC 20554


Gardner Foster®
Intemational Bureau
Federal Communications Commission
445 12" Street, SW.
Washington, DC 20554




 *by E—mail



Document Created: 2006-01-18 14:51:35
Document Modified: 2006-01-18 14:51:35

© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC