Attachment Response

Response

RESPONSE TO REPLY COMMENTS submitted by MSV

Response

2006-01-26

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

IBFS_SESMOD2005111001561_479947

s   IMSV
    m

Mobile Satellite Ventures LP




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                                               January 26, 2006

        Via Hand Delivery
        Ms. Marlene H. Dortch
        Secretary
        Federal Communications Commission
        445 12th Street, S.W.
        Washington, D.C. 20554

               Re:     Response of Mobile Satellites Ventures Subsidiary LLC to
                       Opposition of Inmarsat Ventures Ltd.
                       File No. SAT—MOD—20051104—00212
                       File No. SAT—MOD—20051104—00211
                       File No. SES—MOD—20051110—01561
                       File No. SES—MOD—20051104—02556

        Dear Ms. Dortch:

               Mobile Satellites Ventures Subsidiary LLC ("MSV") hereby files this redacted public
        version of a Response to the Opposition of Inmarsat Ventures Ltd. ("Inmarsat") to MSV‘s
        application to modify its license to operate an Ancillary Terrestrial Component ("ATC") in the L
        band.‘ As discussed herein, certain information provided in the attached Petition should be
        treated as confidential."

        47 C.F.R. § 0.459(b)(1)      ——      Identification of the specific information for which
                                             confidential treatment is sought

             MSV requests confidential treatment of information relating to the Mexico City
        Memorandum of Understanding and the on—going international L band frequency coordination
        process which is confidential to the parties to that coordination, which includes the Commission
        and MSV.‘ When considering other applications to use Inmarsat satellites in the United States,

        ‘ See MSV, Application, File Nos. SAT—MOD—20051104—00212, SAT—MOD—20051104—00211,
        SES—MOD—20051110—01561 (November 4, 2005) ("MSFY ATC Modification Application").
        2 47 C.F.R. § 0.459(b).
        ‘ See Memorandum of Understandingfor the Intersystem Coordination of Certain Geostationary
        Mobile Satellite Systems Operating in the Bands 1525—1544/1545—1559 MHz and 1626.5—
        1646.5/1646.5—1660.5 MHz, Mexico City, Mexico, 18 June 1996.


Ms. Marlene H. Dortch
January 26, 2006
Page 2

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the Commission has acknowledged the confidentiality of this information and has afforded it
confidential treatment."

47 C.F.R. § 0.459(b)(2)       w      Identification of the Commission proceeding in which
                                     the information was submitted or a description of the
                                     circumstances giving rise to the submission

        This information is being filed in MSV‘s Response to Inmarsat‘s Opposition to MSV‘s
application to modify its license to operate an Ancillary Terrestrial Component ("ATC") in the L
band.

47 C.F.R. § 0.459(b)(3)       —=     Explanation of the degree to which the information is
                                      commercial or financial, or contains a trade secret or is
                                     privileged

        As the Commission has acknowledged, the Mexico City Memorandum of Understanding
and related coordination documents are confidential."

47 C.F.R. § 0.459(b)(4)       ——      Explanation of the degree to which the information
                                      concerns a service that is subject to competition

     The information contained herein concerns the market for wireless services, in which
MSV faces competition from other MSS providers as well as from terrestrial wireless operators.

47 C.F.R. § 0.459(b)(5)       =—=     Explanation of how disclosure of the information could
                                      result in substantial competitive harm

        Disclosure of the information for which confidential treatment is sought would result in
violation of the Mexico City Memorandum of Understanding.




* See COMSAT Corporation et. al., Memorandum Opinion, Order and Authorization, 16 FCC
Red 21661, « 111 (2001) ("COMSAT Order") ("The Mexico City Agreement and related
coordination documents, such as minutes of coordination meetings, are considered
confidential.").
° Id.


Ms. Marlene H. Dortch
January 26, 2006
Page 3

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47 C.F.R. § 0.459(b)(6)       ——     Identification of any measures taken by the submitting
                                     party to prevent unauthorized disclosure

       Disclosure to third parties of the information for which confidential treatment is sought
has been strictly pursuant to non—disclosure agreements.

47 C.F.R. § 0.459(b)(7)       ==     Identification of whether the information is available to
                                     the public and the extent of any previous disclosure of
                                     the information to third parties

       The information for which confidential treatment is sought is not publicly available.
Disclosure to third parties of the information for which confidential treatment is sought has been
strictly pursuant to non—disclosure agreements.

47 C.F.R. § 0.459(b)(8)       ==      Justification of the period during which the submitting
                                      party asserts that material should not be available for
                                      public disclosure

        The information for which confidential treatment is sought should remain confidential
indefinitely or until the parties to the Mexico City Memorandum of Understanding agree that it
can be made publicly available.

47 C.F.R. § 0.459(b)(9)       ——      Any other information that the party seeking
                                      confidential treatment believes may be useful in
                                      assessing whether its request for confidentiality should
                                      be granted

N/A.


Ms. Marlene H. Dortch
January 26, 2006
Page 4

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         Please contact the undersigned with any questions.


                                              Very truly yours,




                                              Randy S. Seg


                              PUBLIC COPY (REDACTED)


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

In the matter of




                                             Sune! Nune! Nce Nune! Nn Nunt!
Mobile Satellite Ventures Subsidiary LLC                                      File No.   SAT—MOD—20051104—00212
                                                                              File No.   SAT—MOD—20051104—00211
Application for Modification of License to                                    File No.   SES—MOD—20051110—01561
Operate an Ancillary Terrestrial Component                                    File No.   SES—MOD—20051104—02556




       RESPONSE OF MOBILE SATELLITE VENTURES SUBSIDIARY LLC TO
              OPPOSITION OF INMARSAT VENTURES LIMITED




 Bruce D. Jacobs                                                              Randy S. Segal
 David S. Konczal                                                             Senior Vice President, General Counsel,
 PILLSBURY WINTHROP                                                                  and Secretary
        SHAW PITTMAN LLP                                                      MOBILE SATELLITE VENTURES
 2300 N Street, NW                                                                   SUBSIDIARY LLC
 Washington, DC 20037—1128                                                    10802 Parkridge Boulevard
 (202) 663—8000                                                               Reston, Virginia 20191
                                                                              (703) 390—2700


January 26, 2006


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                                              Summary

       MSV urges the Bureau to reject Inmarsat‘s Petition to Deny and to promptly grant

MSV‘s proposal for a modified Ancillary Terrestrial Component so that the company can

continue its efforts to bring the benefits of an integrated satellite and terrestrial system to the

American public. Inmarsat‘s Petition raises a relatively narrow set of concerns regarding

potential interference, limited to the terms of the existing coordination agreement and to Time

Division Duplex operations. In both cases, the evidence demonstrates that MSV will operate

within the limits established by the rules.

        MSV‘s demonstration of the extent to which the MSS L band spectrum is shared among

the North American system operators is based, as the rules require, on the most recent

coordination agreement, which the Commission has repeatedly confirmed continues to govern

spectrum rights and assignments in the L band. This agreement covers frequencies that are used

exclusively by a given operator and frequencies which, within the region but over different

geographic areas, are shared between operators. Inmarsat‘s challenge notwithstanding, MSV has

accurately described which frequencies are shared and which are not shared. With respect to

those frequencies that MSV or MSV Canada shares with Inmarsat, MSV also has accurately

identified the interference thresholds to which the operators have agreed. The Commission used

the same threshold in the 2003 A4TC Order, a finding that Inmarsat did not challenge.

        As for MSV‘s proposed operations of ATC in TDD mode, MSV has conservatively

estimated the amount of base station antenna discrimination towards co—channel L band

satellites, including those at low elevation angles, thus demonstrating that its TDD—mode base

stations will not interfere with Inmarsat‘s L band satellites. MSV‘s TDD—mode ATC terminals

also will not interfere with L band satellite earth stations, primarily because satellite earth


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stations are not used in urban areas, but also because ATC user terminals radiate only one carrier,

transmit far less power than base stations, and have a duty factor of at most one—half.




                                                 1i


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                                                                 Table of Contents

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L.          MSV Has Accurately Characterized the Extent to Which L Band Spectrum
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II.         TDD—Based ATC Operations Will Produce No More Interference Than
            the ATC RUIGS PEFMMt......02.02.002002s0ss0sssseessererereerssesssersrr es s ies sn es es srveser se v es s en es r es s resresene sn e se rerenes 9

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                                                                                i1


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

In the matter of                                  )
                                                  )
Mobile Satellite Ventures Subsidiary LLC          )   File No.    SAT—MOD—20051104—00212
                                                  )   —File No.   SAT—MOD—20051104—00211
Application for Modification of License to        )   —File No.   SES—MOD—20051110—01561
Operate an Ancillary Terrestrial Component        )   —File No.   SES—MOD—20051104—02556‘

       RESPONSE OF MOBILE SATELLITE VENTURES SUBSIDIARY LLC TO
              OPPOSITION OF INMARSAT VENTURES LIMITED

       Mobile Satellite Ventures Subsidiary LLC ("MSV") hereby files this Response to the

Opposition of Inmarsat Ventures Limited ("Inmarsat") to MSV‘s application to modify its

license to operate an Ancillary Terrestrial Component ("ATC") in the L band." As discussed

herein, MSV has demonstrated that its modified ATC network will produce no more interference

to other L band MSS systems than the rules permit. Accordingly, MSV urges the International

Bureau ("Bureau") to promptly grant this application so that MSV may proceed to bring the

benefits of its integrated satellite—terrestrial network to the American public.

                                            Background

       In February 2003, the Commission issued an order deciding that it is in the public interest

to permit Mobile Satellite Service ("MSS") operators to provide ancillary terrestrial service." On

November 8, 2004, the Bureau granted MSV ‘s application to operate an ATC in the L band



‘ The Bureau initially assigned the file number SES—MOD—20051104—02556 to one of MSVs
applications but later changed this file number to SES—MOD—20051110—0156. MSV is filing this
Response in both files out of an abundance of caution.
> See Inmarsat Ventures Limited, Opposition, File Nos. SAT—MOD—20051104—00212, SAT—
MOD—20051104—00211, SES—MOD—20051104—02556 (January 13, 2006) ("Inmarsat
Opposition").
* See Flexibilityfor Delivery of Communications by MSS Providers, Report and Order, IB
Docket No. 01—185, 18 FCC Red 1962 (February 10, 2003) ("ATC Order").


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using spectrum coordinated for both MSV and Mobile Satellite Ventures (Canada) Inc. ("MSV

Canada"), the Canadian L band MSS licensee." In its decision, the Bureau granted some of

MSV‘s variance and waiver requests with restrictions and deferred the other requests to the

proceeding considering Petitions for Reconsideration of the 2003 4TC Order.

       On February 25, 2005, the Commussion released a decision revising its technical rules for

operation of ATC in the L band." The new rules provide significant additional flexibility for L

band MSS operators to reuse their coordinated spectrum for ATC, including permitting operation

of ATC in Time Division Duplex ("TDD") mode.° On November 4, 2005, MSV filed the above—

captioned applications to modify its ATC license to reflect these new rules.‘

        The new rules recognize two general types of L band frequencies an L band operator

may use over its ATC coverage area: (i) those that have been coordinated for the exclusive use

of the operator and (i1i) those that are shared co—channel with other L band operators. Spectrum

in the L band in North America is shared primarily among five operators: MSV, MSV Canada,

Inmarsat, and Mexican and Russian systems." The five Administrations that license these

systems reached an agreement in 1996 for a framework for future coordination of the L band

spectrum in North America, called the Mexico City Memorandum of Understanding ("Mexico


* See Mobile Satellite Ventures Subsidiary LLC, Order and Authorization, DA 04—3553 (Chief,
International Bureau, November 8, 2004) ("MSY A4TC Decision").
° See Flexibilityfor Delivery of Communications by Mobile Satellite Service Providers, Order on
Reconsideration, IB Docket No. 01—185, FCC 05—30 (February 25, 2005) ("ATC Recon Order").
° See ATC Recon Order ® 37—51 (authorizing additional uplink flexibility); id. [« 53—65
(authorizing additional downlink flexibility); id. «[ 74 (authorizing TDD); see also 47 C.F.R. §
25.253(a) (codifying additional uplink flexibility); 47 C.F.R. § 25.253(d), (e) (codifying
additional downlink flexibility); Note to § 25.149(a)(1) (codifying TDD for L band MSS).
‘ See MSV, Application, File Nos. SAT—MOD—20051104—00212, SAT—MOD—20051104—00211,
SES—MOD—20051110—01561 (November 4, 2005) ("MSY ATC Modification Application").
° The L band spectrum in North America is also shared with Japan‘s MTSAT satellite, but only
in and near the Pacific Ocean.


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City MoU")." Under the Mexico City MoU, the L band operators are each assigned certain

specific frequencies to use on their specific satellites through multi—party operator agreements,

called Spectrum Sharing Arrangements ("SSA"). While a new SSA has not been negotiated

since 1999, the Commission has required L band operators to comply with the 1999 SSA and has

repeatedly confirmed that the 1999 SSA continues to effectively govern L band operations. See

Exhibits A and B.

       With respect to those frequencies coordinated for the exclusive use of an L band operator

over its ATC coverage area, the rules adopted in the 4TC Recon Order permit unlimited

terrestrial reuse for ATC. 47 C.F.R. § 25.253(a)(1). Table 1 of the MSYV 4TC Modification

Application identifies those L band frequencies that have been coordinated exclusively for MSV

and MSV Canada. For those L band frequencies that are shared co—channel and for which a

coordination agreement that existed prior to February 10, 2005 permits a level of interference to

other MSS systems of 6% AT/T or greater, the Commission‘s rules permit ATC to increase the

noise level of the other MSS systems by no more than an additional 1% AT/T. 47 C.F.R.

25.253(a)(3). In its application, MSV explained that, other than those frequencies coordinated

for the exclusive use of MSV and MSV Canada over MSV‘s ATC coverage area, the remaining

frequencies coordinated for MSV and MSV Canada are shared co—channel only with Inmarsat—3

satellites and at an agreed level of inter—system interference of 58.6% AT/T. See MSYA4TC

Modification Application at 3. Table 2 of MSV‘s application identified the amount of reuse on

shared frequencies by an ATC for each of several candidate protocols without exceeding this 1%

AT/T allotment.



° See Memorandum of Understandingfor the Intersystem Coordination of Certain Geostationary
Mobile Satellite Systems Operating in the Bands 1525—1544/1545—1559 MHz and 1626.5—
1646.5/1646.5—1660.5 MHz, Mexico City, Mexico, 18 June 1996 ("Mexico City MoU").


                                 PUBLIC COPY (REDACTED)


       In addition to identifying the existing sharing environment in the L band, MSV‘s ATC

modification application requested authority to deploy Frequency Division Duplex (FDD) and

TDD—based ATC using Orthogonal Frequency Division Multiplexed (OFDM) and Orthogonal

Frequency Division Multiple Access (OFDMA) packet data protocols (e.g., WiMAX). MSV

also requested that the Bureau affirm the grant of certain waivers from the November 2004 MSY

ATC Decision‘" and also adopt the following additional waivers or clarifications: (i) a waiver of

Section 25.253(d)(8) to deploy base stations with more than 16 dBi of antenna gain;“ (ii) the

flexibility to deploy ATC base station antennas with less than five degrees of down—tilt;"" and

(iii) a waiver of Section 25.253(g)(1) to deploy user devices with a peak EIRP limit exceeding 0

dBW." On January 13, 2006, Inmarsat filed an Opposition to MSV‘s application claiming that

MSV has not made the demonstrations required by the Commission‘s rules with respect to

potential interference to other L band operators. See Inmarsat Opposition.




‘° MSV requested that the Bureau make clear that MSV is still permitted to operate pursuant to
the following previously—granted waivers: (i) authority to deploy ATC capable of supporting
CDMA and GSM air interface protocols (MSY ATC Decision at @ $5—91, 95(i)); (i1) authority to
use a link—margin booster in conjunction with ATC terminals used with current generation
satellites (id. at [« 19—21, 95(g)—(h)); (iii) authority to initiate ATC services without constructing
a new satellite of the same design as the current generation in—orbit satellites (id. at «) 22—25);
and (iv) authority to increase co—channel reuse to the extent MSV submits test data
demonstrating that the spatially—averaged antenna gain of its ATC terminals is less than 0 dBi in
the direction of co—channel satellites (id. at 4 52—56, 95(f)). See MSYATC Modification
Application at 7—8.
‘ Inmarsat does not object to this request, but it does express concern that MSV not be permitted
to use an authorized increase in antenna gain to increase base station EIRP. Inmarsat Opposition
at 17—18. As MSV expressly stated in its application, however, it does not seek to increase base
station EIRP. See MSVATC Modification Application at 8.
 Inmarsat does not object to this request.
} Inmarsat does not object to this request.


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                                              Discussion

L.     MSV HAS ACCURATELY CHARACTERIZED THE EXTENT TO
       WHICH L BAND SPECTRUM IS SHARED

       Inmarsat claims that MSV has mischaracterized the sharing environment in the L band by

allegedly (i) failing to cite an effective coordination agreement that provides MSV and MSV

Canada with exclusive use of any L band frequencies (Inmarsat Opposition at 6—10); (ii)

understating the extent to which Inmarsat shares L band frequencies (id. at 11—12 and Exhibit A);

(iii) failing to identify L band satellites other than the three Inmarsat—3 satellites that share

frequencies with MSV and MSV Canada (id. at 11); and (iv) failing to provide support for

Inmarsat‘s acceptance of an inter—system interference limit of 58.6% AT/T for frequencies it

shares with MSV and MSV Canada (id. at 12—13). As discussed below, Inmarsat is wrong on all

points because MSV has accurately identified the L band frequencies that are coordinated for the

exclusive use of MSV and MSV Canada as well as the coordinated interference limit for

frequencies they share.

       Pursuant to the 1999 SSA, certain L band frequencies are shared with other L band

operators and certain frequencies are coordinated for the exclusive use of an L band operator.

Table 1 of MSV‘s application lists these frequencies for MSV and MSV Canada. While a new

SSA has not been negotiated since 1999, the Commission has required L band operators to

continue to comply with the 1999 SSA."                  REDACTED




" As detailed in Exhibit A, the Commission has authorized earth stations to use a coordinated L
band satellite subject to the condition that operations would be limited to those portions of the L
Band "coordinated for the [applicable L band satellite] in the most recent annual L—Band
operator—to—operator agreement," which refers to the 1999 SSA. See Exhibit A. The
Commission has continued to impose this condition well after 1999, with full knowledge that the
L band operators have not negotiated a new SSA since that time.


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                       REDACTED                                                        15
Inmarsat‘s own actions since 1999 also confirm that L band operators were required to abide by

the spectrum assignments in the 1999 SSA.‘° Moreover, the Commission has repeatedly

confirmed that although a new SSA has not been negotiated since 1999, it continues to

effectively govern the spectrum assignments of L band MSS providers."" In the 2005 4TC

Recon Order, the Commission held that the 1999 SSA is the coordination agreement that

contains the rights of L band operators to their spectrum assignments for purposes of

demonstrating compliance with the ATC rules, referring to the 1999 SSA as the "existing

agreement" and noting that, while "ideally" the L band operators would renegotiate a

coordination agreement every year, this has proven infeasible. A4TC Recon Order " 44 and

nn.110, 114. Inmarsat never asked the Commussion to reconsider this finding.




"    REDACTED

‘°   REDACTED
                                                     , as is the statement it made in its April 2005
securities filing that "the amount of spectrum available to each operator is currently frozen at the
levels agreed in 1999." See Inmarsat Global Ltd., Form F—20 (April 29, 2005), at 10 ("Inmarsat
April 2005 Form F—20°) (available at:
http://www.sec.gov/Archives/edgar/data/ 1291 396/000104746905012474/a2156552z20—f.htm).
‘ See Exhibit B. Despite Inmarsat‘s claim, MSV‘s ATC application is unlike the pending
applications to use the uncoordinated Inmarsat 4F2 satellite in the United States. See Inmarsat
Opposition at 10; see also, e.g., MSV, Petition, File No. SES—LFS—20051123—01634 (January 13,
2006). In the case of Inmarsat 4F2, Inmarsat is proposing to operate an uncoordinated satellite
that is not contemplated by the Mexico City MoU, the 1999 SSA, or any other coordination
agreement. Inmarsat 4F2 is simply a rogue satellite with no internationally recognized rights.
Moreover, in that proceeding, Inmarsat is claiming to have the right to operate on every L band
frequency, to include frequencies that have been coordinated for MSV and MSV Canada under
the 1999 SSA. In such a case, harmful interference is inevitable, and a prior coordination
agreement is essential to avoid this interference. Conversely, MSV is proposing here, until there
is a new coordination agreement, to use for ATC only those L band frequencies coordinated for
MSV and MSV Canada under the 1999 SSA, consistent with the Commission‘s rules.


                                PUBLIC COPY (REDACTED)

       MSV has accurately identified the band segments that MSV and MSV Canada have

coordinated for their exclusive use under the 1999 SSA over MSV‘s ATC coverage area. While

Inmarsat provides its own assessment of the status of sharing in the L band, its claims regarding

the extent to which it has the right to share spectrum over MSV‘s ATC coverage area are

overstated and completely inconsistent with the 1999 SSA. See Inmarsat Opposition at Exhibit

A. For example, Inmarsat considers frequencies that were loaned by MSV or MSV Canada to

Inmarsat, but subsequently recalled by the lenders, as frequencies coordinated for Inmarsat‘s

either exclusive or shared use. In fact, as MSV demonstrated in Table 1 of its application, these

frequencies should properly be considered as coordinated for either the exclusive or shared use

of MSV and MSV Canada."* Inmarsat also considers additional frequencies that have been

coordinated for MSV and MSV Canada, but that Inmarsat asked MSV and MSV Canada to use

in 2003, as frequencies coordinated for Inmarsat‘s either shared or exclusive use. In fact, MSV

and MSV Canada rejected these requests. Accordingly, consistent with the 1999 SSA, these

frequencies should properly be considered as frequencies coordinated for either the exclusive or

shared use of MSV and MSV Canada.

       MSV has also accurately identified no coordinated L band satellites, other than the three

Inmarsat—3 satellites, that are visible from MSV‘s ATC coverage area and which share

frequencies with MSV or MSV Canada." While Inmarsat claims to operate seven satellites over


* The Bureau has taken action towards terminating Inmarsat‘s illegal use of loaned—but—recalled
frequencies. See STA Grant, File No. SES—STA—20051222—01788 (January 18, 2006), at 4[ 5.
* For this reason, there is no need for MSV to specify a coordinated inter—system interference
limit for frequencies shared with L band satellites other than Inmarsat—3 satellites. Inmarsat
Opposition at 13. Moreover, because MSV has already identified all of the co—channel satellites
of L band MSS operators that could be impacted by its ATC, there is no cause for the Bureau to
place on Public Notice any test data MSV may submit in the future to increase co—channel reuse
based on a demonstration that the spatially—averaged antenna gain of its ATC terminals is less
than 0 dBi in the direction of co—channel satellites. See Inmarsat Opposition at 16—17.


                                PUBLIC COPY (REDACTED)


MSV‘s ATC coverage area, only the three Inmarsat—3 satellites have been coordinated among the

North American L band operators. Accordingly, only these three satellites are entitled to

protection under the Commission‘s ATC rules. In addition, while Inmarsat contends that MSV

has not considered the impact of ATC on advanced satellites such as the Inmarsat—4 satellites,

Inmarsat has failed to coordinate these satellites with other L band operators. In any event, as

MSV explained in its application, it expects to be able to operate ATC without any increase in

interference to the Inmarsat—4 satellites. See MSV ATC Modification Application at 3 n.7.

Inmarsat also claims that a Russian system shares spectrum with MSV over MSV‘s ATC

coverage area. In fact, as specified in the 1999 SSA, MSV and the Russian system have

exclusive rights to certain L band frequencies in either the downlink only or uplink only

direction. MSV operates consistent with this restriction and is confident that its ATC operations

will not result in an increase in interference to the Russian system. Inmarsat also refers to

Region 1 and 3 satellites as operating co—channel with MSV, but these satellites are barely visible

to MSV‘s ATC coverage area near the coast of the continental U.S. and are otherwise only

visible from Alaska and Hawaii, meaning that operation of MSV‘s ATC in the United States will

have at most a negligible impact. Accordingly, those frequencies that are shared by Region 1

and 3 operators should be considered as coordinated for the exclusive use of MSV and MSV

Canada over MSV‘s ATC coverage area.

       With respect to frequencies that MSV and MSV Canada share with Inmarsat over Region

2, MSV has accurately identified the inter—system interference limit of 58.6% AT/T that Inmarsat

has accepted in the course of multilateral coordination. While Inmarsat claims that it has not

accepted this limit, the Commission in the 2003 A4TC Order demonstrated otherwise. 4TC


                                PUBLIC COPY (REDACTED)


Order, Appendix C2, Table 2.1.1.C."° The parameters for the MSV terminals used in the
Commuission‘s analysis are the very same parameters used for the MSV terminals in the

multilateral coordination. The technical analyses in the multilateral coordination were based on

C/I calculations, but the same mobile terminal parameters will produce the same noise increase

level to the same satellite receiver whether the analysis is based on a AT/T or a C/I calculation

methodology. Inmarsat agreed to these terminal parameters in the multilateral coordination

analyses, and it cannot disclaim them now. In fact, Inmarsat never sought reconsideration of the

Commission‘s finding in the 2003 ATC Order. Accordingly, the Commission‘s previous

calculations are an accurate representation of the interference environment that was considered

during the multilateral coordination, which includes Inmarsat‘s acceptance of an inter—system

interference limit of 58.6% AT/T from MSV‘s terminals operating co—channel with Inmarsat

satellites.

IL.      TDD—BASED ATC QOPERATIONS WILL PRODUCE NO MORE
         INTERFERENCE THAN THE ATC RULES PERMIT

         In the 4TC Recon Order, the Commission permitted L band operators to implement ATC

using TDD protocols provided such operations produced no more interference than the rules

permit. 4TC Recon Order ©| 74. While MSV made such a showing in its application, Inmarsat

objects on two grounds, claiming that its satellites and mobile earth terminals ("METs") will be

subject to greater interference. Inmarsat Opposition at 14—16.

         With respect to Inmarsat‘s satellites, as MSV demonstrated in its application, TDD—mode

ATC base stations transmitting on frequencies in the 1.6 GHz band will not interfere with

Inmarsat satellites receiving on the same frequencies. As discussed above in Section I, MSV has

* As the Commission notes in the 4TC Recon Order, even though "the existing coordination
agreement does not specify current AT/T protection levels [], such levels can be calculated using
either ITU—R Appendix 8 (Rev.WRC—03) or the methodology that was presented in" the 4TC
Order. ATC Recon Order n.144


                                PUBLIC COPY (REDACTED)


identified the frequencies Inmarsat shares with MSV and MSV Canada as well as the inter—

system interference limit Inmarsat has agreed to accept for those frequencies. Thus, despite

Inmarsat‘s claims, MSV has not misstated the interference protection criteria used to calculate its

permitted reuse in TDD mode in shared portions of the L band. Inmarsat Opposition at 14.

Moreover, as discussed in the attached Technical Appendix, MSV has conservatively estimated

at 20 dB the amount of base station antenna discrimination towards L band satellites, including

those at low elevation angles. Accordingly, there is no basis for Inmarsat‘s claim that its low

elevation satellites will be impacted by MSV‘s TDD—mode base station operations.

       With respect to Inmarsat‘s MET‘s, TDD—mode ATC terminals transmitting in the 1.5 GHz

band will not interfere with Inmarsat MET‘s receiving in the same band. Inmarsat Opposition at

16. Inmarsat‘s claims of potential interference are completely unsupported and speculative."‘

The Commission has already found that (i) Inmarsat MET‘s are not likely to be used in urban

areas where MSVs ATC terminals will operate"" (4TC Recon Order [ 56); (ii) Inmarsat METs

are less susceptible to interference than Inmarsat has claimed and the Commission had

previously assumed (id. «[ 55); (iii) Inmarsat should be deploying satellite MET‘s that are more

resistant to interference (id.); and (iv) coordination of contiguous frequency assignments will

allow for effective front—end filtering that will make the MET‘s even more resistant to

interference (id. «[ 59). Inmarsat has never refuted any of these Commission findings. Inmarsat

has also indicated that it plans to deploy ATC, which will further reduce the likelihood that an


* The Commission has held that it will not refrain from authorizing new services based on
speculative and unsubstantiated claims of potential interference. See Revision ofPart 15 ofthe
Commission‘s Rules, Memorandum Opinion and Order and Further Notice ofProposed Rule
Making, 18 FCC Red 3857, FCC 03—33 (March 12, 2003), at «[ 135.
* MSV notes that this application requests authority for TDD only for ATC operations. This
application does not seek authority to operate satellite—only terminals or ATC terminals in
satellite mode using a TDD protocol.


                                                 10


                                  PUBLIC COPY (REDACTED)


Inmarsat customer in a densely—populated area will be adversely affected by MSV‘s ATC TDD

terminals."" While Inmarsat attempts to draw an analogy to interference that might be caused by

MSV‘s ATC base stations, this is an inappropriate analogy. Inmarsat Opposition at 16. As

discussed in the attached Technical Appendix, unlike base stations, ATC terminals operating in

TDD mode (i) radiate only one carrier compared to multiple carriers radiated by base stations;

(i1) transmit far less power than base stations; and (iii) have a duty factor of at most one—half (i.e.,

the terminal is transmitting no more than half of the time it is involved in communicating). See

Technical Appendix. All of these factors make overload and intermodulation interference far

less likely with ATC terminals than with ATC base stations.

                                             Conclusion

       MSV urges the Bureau to promptly grant this application so that MSV may proceed to

bring the benefits of its integrated satellite—terrestrial network to the American public.

                                       Respectfully submitted,




 Bruce D. Jacobs                                        Randy S. Segal        ~
 David S. Konczal                                       Senior Vice President, General Counsel,
 PILLSBURY WINTHROP                                            and Secretary
        SHAW PITTMAN LLP                                MOBILE SATELLITE VENTURES
 2300 N Street, NW                                             SUBSIDIARY LLC
 Washington, DC 20037—1128                              10802 Parkridge Boulevard
 (202) 663—8000                                         Reston, Virginia 20191
                                                        (703) 390—2700
Dated: January 26, 2006




* See Press Release, Inmarsat to Seek ATC Licence (February 15, 2005) (available at:
http://about.inmarsat.com/news/00015672.aspx?language=EN&textonly=False).


                                                   11


                                  PUBLIC COPY (REDACTED)


                                       Technical Appendix

L.     Impact of TDD—Mode ATC Base Stations Transmitting in the 1.6 GHz Band on
       Low—Elevation Satellites Receiving in the 1.6 GHz Band

       In its application, MSV provided evidence that the discrimination of an ATC base station
antenna in the direction of an Inmarsat satellite can be conservatively estimated at 20 dB. See
MSYATC Modification Application, Technical Appendix at 6 and Supplement. This was based
on measurements MSV performed to characterize the RF isolation between several L band base
station antennas and its MSAT—2 satellite at 101° W. See id. In its Opposition, Inmarsat claims
that this level of antenna discrimination is overstated with respect to Inmarsat satellites because
the elevation angle to the MSAT—2 satellite was approximately 38° whereas the elevation angle
to various Inmarsat satellites is much lower. See Inmarsat Opposition at 15. As discussed
herein, MSV has conservatively estimated at 20 dB the amount of base station antenna
discrimination towards L band satellites, including those at low elevation angles

       Inmarsat‘s AORE (15.5° W) satellite views the coastal areas of the Eastern United States,
with an elevation angle of approximately 15°. As such, an ATC base station antenna that is
deployed in a coastal area of the Eastern United States will provide discrimination to the AORE
satellite of at least 27 dB. This is a result of the Commission‘s rules which require MSV to use
ATC base stations with an overhead gain suppression of 27 dB over elevation angles from 15° to
55°. See 47 C.F.R. § 25.253(e).

       For areas further inland, the elevation angle between an ATC base station and the AORE
satellite may be less than 15° and the discrimination provided by the ATC base station antenna in
the direction of the AORE satellite may be less than 27 dB. However, as the elevation angle
becomes smaller, the amount of signal blockage increases rapidly, as the Commission recognized
in the 2003 4TC Order. See ATC Order, Appendix C2, Section 1.2.2. In the 2003 4TC Order,
the Commission found the Expected Average Outdoor Blockage for the AORE satellite to be
17.5 dB, while the Expected Average Outdoor Blockage for the AORW (54° W) satellite was
found to be only 3.1 dB. See A4TC Order, Appendix C2, Table 1.2.3.B. Thus, relative to the
AORW satellite, the AORE satellite is afforded 14.4 dB of additional average outdoor blockage
protection. Taking into account (i) the additional signal loss due to the larger slant range
associated with the AORE satellite (1 dB); (i1) the fact that the AORE satellite sees less than half
of MSV‘s ATC coverage area (3 dB); and (iii) the average ATC base station antenna
discrimination in the direction of the AORE satellite (which is conservatively estimated at 3 dB
since a larger concentration of ATC will exist in coastal areas where the elevation angle between
ATC base stations and the AORE satellite will be at a maximum of 15°), the average
discrimination between the ensemble of MSV‘s ATC base stations and Inmarsat‘s AORE
satellite becomes 14.4 + 1 +3 +3 =21.4 dB. This is consistent with the measurement of 20 dB
of average discrimination that was found to exist between an ATC base station antenna and
MSV‘s satellite at 101° W. The parameters associated with Inmarsat‘s POR (178° W) satellite
are similar to those of the AORE (15.5° W) satellite, except that the POR satellite views the
Western coastal areas of the United States. Thus, the analysis presented for the AORE satellite
also applies to the POR satellite. For these reasons, there is no cause for MSV to make further


                                PUBLIC COPY (REDACTED)


measurements with low elevation satellites to confirm the actual base station discrimination
values. Inmarsat Opposition at 15.

        In general, the interference received by a satellite from a base station comprises two
components: a component due to reflection of power from the ground and a component due to a
side—lobe emission of the base station antenna. The power of the reflection from the ground will
be substantially the same independent of the slant angle. This is a direct consequence of the
random irregularities and contours of the ground. Thus, the power of the reflection will be 20 dB
less (on average) relative to the incident power, independent of the slant angle. However,
relative to the POR and AORE satellites, the reflection will be further attenuated by an additional
14.1 dB, relative to the strength of the reflection reaching the AORW satellite at 54° W, owing to
the additional blockage associated with the low slant angles of the POR and AORE satellites.
Thus, the interference component due to the reflection is negligible for the POR and AORE
satellites.

         Given the above, it may be concluded that for high slant angles, the dominant mechanism
of interference reaching a satellite is from ground reflections, while for low slant angles, the
dominant mechanism is associated with emissions of base station antenna side—lobes. However,
as MSV has demonstrated in its application and herein, an average discrimination of at least 20
dB will exist between the output EIRP of an ATC base station antenna and the power that is
launched towards an Inmarsat satellite independent of the dominant mechanism of interference
(i.e., ground reflection or antenna side—lobe emission). See MSY ATC Modification Application,
Supplement.

IL.      Impact of TDD—Mode ATC Terminals Transmitting in the 1.5 GHz Band on
         Satellite METs Receiving in the 1.5 GHz Band

       Inmarsat‘s argument that ATC terminals operating in TDD mode will increase the risk of
overload/intermodulation interference to Inmarsat MET‘s is unsupported and speculative.
Inmarsat Opposition at 16. As an initial matter, the power radiated by ATC terminals will be
very small compared to the power radiated by ATC base stations and the duty factor of an ATC
terminal will be at most % (i.e., the terminal is transmitting 4 of the time at most). Also, an
ATC terminal will, at any given time, be radiating only one carrier whereas an ATC base station
may be radiating two or more carriers. As such, the potential of an ATC terminal for causing
overload/intermodulation interference to an Inmarsat MET is de minimis. Notwithstanding the
above, any potential for interference is further mitigated by several additional factors that have
previously been recognized by the Commission, including that (i) it is unlikely that MET‘s will be
used in urban areas where ATC operations will occur because MSS signals are often obstructed
by buildings and the environment in general, and there are other more reliable and cheaper
modes of communications that are more likely to be used (4TC Recon Order "[ 56); (i1) Inmarsat
METs are less susceptible to interference than the Commission had previously assumed and it is
clear from testing and knowledge of receiver design that Inmarsat can deploy receivers in the
future that can be less susceptible to interference (id. « 55, 56); and (iii) coordination of
contiguous frequency assignments pursuant to L band coordination negotiations will allow for
more effective front—end filtering to be introduced in satellite MET‘s (id. [ 59).


                               PUBLIC COPY (REDACTED)


                                           Exhibit A

                Commission Decisions Requiring L Band Operators to Operate
                               in Accordance with 1999 SSA

MET Licenses to Access Inmarsat

       COMSAT Corporation et. al., Memorandum Opinion, Order and Authorization, FCC 01—
272, € 115(c)—(d) (2001) (granting application of Stratos, Telenor ({/k/a COMSAT Mobile),
Honeywell, and Deere to operate with Inmarsat):

       "115. IT IS FURTHER ORDERED that the applications listed in Appendix C to operate
       mobile earth terminals to provide domestic and international Mobile Satellite Service via
       the privatized Inmarsat system ARE GRANTED subject to the following conditions:
       *owk k


       * * o%



       c. Operations shall be limited to the portions of the 1525—1559 and 1626.5—1660.5 MHz
       band coordinated for the Inmarsat satellite system in the most recent annual L—Band
       operator—to—operator agreement;

       d. In the absence of a continuing annual L—band operator—to—operator coordination
       agreement, operations of MET‘s in the 1525—1559 and 1626.5—1660.5 MHz bands will be
       on a non—interference basis until a future operator—to—operator agreement is concluded. In
       this instance, each licensee must notify the other four operators in these frequency bands
       that it will be operating on a non—interference basis. Each licensee must notify its
       customers that its operations are on a non—interference basis."

       Richtec Incorporated, Order and Authorization, 18 FCC Red 3295 (Chief, Satellite
Division, International Bureau, March 7, 2003) (granting application to operate D+ terminals
with Inmarsat):

       "17. IT IS FURTHER ORDERED that Richtec‘s mobile earth station operations shall be
       limited to the portions of the 1525—1544 and 1626.5—1645.5 MHz band coordinated for
       the satellite being accessed in the most recent annual L—band operator—to—operator
       agreement. In the absence of a continuing annual L—band operator—to—operator
       coordination agreement, Richtec‘s operation in the 1525—1530 MHz, 1530—1 544 MHz,
       1626.5—1645.5 MHz frequency bands (lower L—bands) will be on a non—interference basis
       until a future operator—to—operator agreement is concluded. Richtec shall not cause
       harmful interference to any other lawfully operating satellite or radio facility and shall
       cease operations upon notification of such interference. Furthermore, Richtec must
       notify all other operators in these frequency bands that it will be operating on a non—
       interference basis. Richtec must also notify its customers in the United States that its
       operations are on a non—interference basis."


                                PUBLIC COPY (REDACTED)




MET Licenses to Access MSV and MSV Canada L Band Satellites

o       Vistar Data Communications, Inc., Order and Authorization, 17 FCC Red 12899 (Deputy
Chief, Satellite Division, International Bureau, July 2, 2002) (granting authority to operate half—
duplex MET‘s with MSV):

       "17. IT IS FURTHER ORDERED that Vistar Data Communications, Inc.‘s MET
       operations shall be limited to the portions of the 1525—1559 and 1626.5—1660.5 MHz
       band coordinated for the satellite being accessed in the most recent annual L—band
       operator—to—operator agreement.

       18. IT IS FURTHER ORDERED that in the absence of a continuing annual operator—to—
       operator coordination agreement, Vistar Data Communications, Inc.‘s operation in the
       1525—1559 and 1626.5—1660.5 MHz band will be on a non—harmful interference basis.
       Consequently, in the absence of a coordination agreement, Vistar Data Communications,
       Inc. shall not cause harmful interference to any other lawfully operating satellite or radio
       facility and shall cease operations upon written notification of such interference.
       Furthermore, Vistar Data Communications, Inc. must notify all other operators in these
       frequency bands that it will be operating on a non—harmful interference basis. Vistar Data
       Communications, Inc. must also notify its customers in the United States that its
       operations are on a non—harmful interference basis."

o      Mobile Satellite Ventures Subsidiary LLC, Memorandum Opinion, Order and
Authorization, 19 FCC Red 4672 (Chief, International Bureau, March 12, 2004) (granting
authority to operate additional half—duplex MET‘s with MSV and MSV Canada satellites):

       "7. IT IS FURTHER ORDERED that Mobile Satellite Ventures Subsidiary LLC‘s MET
       operations shall be limited to 2.0 MHz of spectrum in each direction of the 1626.5—
       1645.5 MHz and 1530—1544 MHz band coordinated for the satellite being accessed in the
       most recent annual L—band operator—to—operator agreement, and that no additional
       spectrum will be requested or used.

       8. IT IS FURTHER ORDERED that, in the absence of a continuing annual operator—to—
       operator coordination agreement, Mobile Satellite Ventures Subsidiary LLC‘s operation
       in the 1626.5—1645.5 MHz and 1530—1544 MHz band will be on a non—harmful
       interference basis. Consequently, in the absence of a coordination agreement, Mobile
       Satellite Ventures Subsidiary LLC shall not cause harmful interference to any other
       lawfully operating satellite or radio facility and shall cease operations upon written
       notification of such interference. Furthermore, Mobile Satellite Ventures Subsidiary LLC
       must notify all other operators in these frequency bands that it will be operating on a non—
       harmful interference basis. MSV, Inc. must also notify its customers in the United States
       that its operations are on a non—harmful interference basis."


                                PUBLIC COPY (REDACTED)



       Mobile Satellite Ventures Subsidiary LLC, Memorandum Opinion and Order, 17 FCC
Red 12894 (Deputy Chief, Satellite Division, International Bureau, July 2, 2002) (granting
authority to operate additional half—duplex METs with MSV):

       "9. IT IS FURTHER ORDERED that Mobile Satellite Ventures Subsidiary LLC‘s MET
       operations shall be limited to the portions of the 1525—1559 and 1626.5—1660.5 MHz
       band coordinated for the satellite being accessed in the most recent annual L—band
       operator—to—operator agreement.

       10. IT IS FURTHER ORDERED that, in the absence of a continuing annual operator—to—
       operator coordination agreement, Mobile Satellite Ventures Subsidiary LLC‘s operation
       in the 1525—1559 and 1626.5—1660.5 MHz band will be on a non—harmful interference
       basis. Consequently, in the absence of a coordination agreement, Mobile Satellite
       Ventures Subsidiary LLC shall not cause harmful interference to any other lawfully
       operating satellite or radio facility and shall cease operations upon written notification of
       such interference. Furthermore, Mobile Satellite Ventures Subsidiary LLC must notify
       all other operators in these frequency bands that it will be operating on a non—harmful
       interference basis. MSV, Inc. must also notify its customers in the United States that its
       operations are on a non—harmful interference basis."

        National Systems & Research Co., Order and Authorization, 17 FCC Red 12011 (Deputy
Chief, Satellite Division, International Bureau, June 28, 2002) (granting authority to operate
MET‘s with MSV):

       "11. IT IS FURTHER ORDERED that National Systems & Research Co.‘s MET
       operations shall be limited to the portions of the 1525—1559 and 1626.5—1660.5 MHz
       band coordination for the satellite being accessed in the most recent annual L—band
       operator—to—operator agreement.

       12. IT IS FURTHER ORDERED that in the absence of a continuing annual operator—to—
       operator coordination agreement, National Systems & Research Co.‘s operation in the
       1525—1530 MHz, 1530—1544 MHz, 1626.5—1645.5 MHz frequency bands (lower L—band)
       and the 1545—1559 MHz and 1646.5—1660.5 MHz (upper L—band) frequency bands will
       be on a non—interference basis until a future operator—to—operator agreement is concluded.
       National Systems & Research Co. shall not cause harmful interference to any other
       lawfully operating satellite or radio facility and shall cease operations upon written
       notification of such interference. Furthermore, National Systems & Research Co. must
       notify all other operators in these frequency bands that it will be operating on a non—
       interference basis. National Systems & Research Co. must also notify its customers in
       the United States that its operations are on a non—harmful interference basis."


                               PUBLIC COPY (REDACTED)


       Infosat Communications, Inc., Order and Authorization, 17 FCC Red 1610 (January 25,
2002) (granting authority to operate MET‘s with MSV Canada satellite):

       14. IT IS FURTHER ORDERED that Infosat Communications, Inc. IS AUTHORIZED
       to operate in the 1525—1 530 MHz, 1530—1 544 MHz, and 1626.5—1645.5 MHz frequency
       bands (lower L—band) subject to the following conditions:

       * ow *



       b. Operations shall be limited to the portions of the lower L—band coordinated for TMI
       satellite network in the most recent annual L—band operator—to—operator agreement;

       15. IT IS FURTHER ORDERED that in the absence of a continuing annual L—band
       operator—to—operator coordination agreement, Infosat‘s operations of MET‘s in the 1530—
       1559 and 1631.5—1660 MHz band will be on a non—harmful interference basis until a
       future operator—to—operator agreement is concluded. Infosat Communications, Inc. shall
       not cause harmful interference to any other lawfully operating satellite or radio facility
       and shall cease operations upon notification of such interference. Furthermore, Infosat
       Communications, Inc. must notify all other operators in these frequency bands that it will
       be operating on a non—harmful interference basis. Infosat Communications, Inc. must
       also notify its customers in the United States that its operations are on a non—harmful
       interference basis."

        TMI Communications and Company, L.P., Order and Authorization, 15 FCC Red 18117
(Chief, Satellite and Radiocommunication Division, September 25, 2000) (granting authority to
operate METs with TM1I):

       "8.    Accordingly, IT IS ORDERED that Application File No.SES—LIC—19990318—
       00435 IS GRANTED and TMI Communications and Company, L.P. IS AUTHORIZED
       to operate up to 100,000 full—duplex tracking and asset management data services mobile
       earth terminals through the Canadian licensed MSAT—1 space station in portions of the
       1545—1558.5 and 1646.5—1660 MHz band coordinated for the TMI satellite network in the
       most recent annual L—band operator—to—operator coordination agreement, in accordance
       with the technical specifications set forth in its application and its Radio Station
       Authorization, and consistent with the Commission‘s rules.

       9.     IT IS FURTHER ORDERED that in the absence of an annual operator—to—
       operator coordination agreement, TMI‘s operation in the 1545—1558.5 and 1646.5—1660
       MHz band will be on a non—interference basis. Consequently, in the absence of a
       coordination agreement, TMI shall not cause harmful interference to any other lawfully
       operating satellite or radio facility and shall immediately cease operations upon
       notification of such interference. Furthermore, TMI must notify the other four space
       station operators in these frequency bands that it will be operating on a non—interference
       basis. TMI must also notify its customers in the United States that TMI‘s operations are
       on a non—interference basis."


                              PUBLIC COPY (REDACTED)


o      SatCom Systems, Inc., Order and Authorization, 14 FCC Red 20798 (November 30,
1999) (granting authority to operate MET‘s with MSV Canada satellite):

      "63. Accordingly, IT IS ORDERED that Application File Number 647—DSE—P/L—98;
      IBFS File Number SES—LIC—19980310—00272E9808159 IS GRANTED and SatCom
      Systems, Inc. IS AUTHORIZED to operate up to 25,000 mobile earth terminals through
      the Canadian licensed MSAT—1 space station in the portions of the 1545—1558.5 and
      1646.5—1660 MHz band coordinated for the TMI satellite network in the most recent
      annual L—band operator—to—operator coordination agreement, to the extent indicated
      herein, in accordance with the technical specifications set forth in its application and its
      Radio Station Authorization, and consistent with the Commission‘s rules. In the absence
      of a continuing annual L—band operator—to—operator coordination agreement, SatCom‘s
      operation in the 1545—1558.5 and 1546.5—1660 MHz bands will be on a non—interference
      basis until a future operator—to—operator agreement is concluded. In this instance, SatCom
      must notify the other four operators in these frequency bands that it will be operating on a
      non—interference basis. SatCom must also notify its customers that SatCom‘s operations
      are on a non—interference basis.

      64. IT IS FURTHER ORDERED that Application File Number 730—DSE—P/L—98; IBFS
      File No. SES—LIC—19980330—00339£E980179 IS GRANTED and TMI Communications
      and Company, L.P. IS AUTHORIZED to operate up to 100,000 mobile earth terminals
      through the Canadian licensed MSAT—1 space station in the portions of the 1545—1558.5
      and 1646.5—1660 MHz band coordinated for the TMI satellite network in the most recent
      annual L—band operator—to—operator coordination agreement, to the extent indicated
      herein, in accordance with the technical specifications set forth in its application and its
      Radio Station Authorization, and consistent with the Commission‘s rules. In the absence
      of a continuing annual operator—to—operator coordination agreement, TMI‘s operation in
      the 1545—1558.5 and 1646.5—1660 MHz band will be on a non—interference basis until a
      future operator—to—operator agreement is concluded. In this instance, TMI must notify the
      other four operators in the these frequency bands that it will be operating on a non—
      interference basis. TMI must also notify its customers in the United States that TMI‘s
      operations are on a non—interference basis.


                                PUBLIC COPY (REDACTED)


                                            Exhibit B

      Commission Statements Acknowledging that L Band Operators Are Limited to
             Frequencies Coordinated For Their Systems in the 1999 SSA

       Flexibilityfor Delivery of Communications by MSS Providers, Report and Order, IB
Docket No. 01—185, 18 FCC Red 1962 (February 10, 2003) ("ATC Order").

       "The parties to the MoU last revised spectrum assignments in 1999 and, pending further
       negotiations, continue to operate under those assignments today." («] 92)

       "Although annual meetings were to have taken place under the terms of the Mexico City
       MoU, these meetings have not occurred since the parties last agreed to a complex
       spectrum—sharing arrangement in London in 1999; therefore, the parties continue to
       operate under the 1999 assignments pending further negotiations." (n. 144)

       Mobile Satellite Ventures Subsidiary LLC, Order and Authorization, DA 04—3553 (Int‘l
Bur. 2004):

       "The parties to the MOU last revised the spectrum assignments in 1999 and, pending
       further negotiations, continue to operate with those assignments today." (n.8)

       Flexibilityfor Delivery of Communications by MSS Providers, Memorandum Opinion
and Order and Second Order and ATC Reconsideration Order, IB Docket Nos. 01—185, FCC 05—
30 (February 25, 2005) ("ATC Reconsideration Order"‘):

       "These negotiations have not occurred since 1999, and the 1999 coordination agreement
       remains in effect." («] 38)

       "The current coordination agreement under which Inmarsat and MSV share L—band
       spectrum was finalized in 1999. Ideally, the L—band MSS operators should renegotiate
       their coordination agreement every year. Indeed, changes to the existing coordination
       agreement could help avoid some of the potential interference issues that could arise from
       deployment of MSS/ATC. At the same time, however, we acknowledge that it could take
       a great deal of time and effort to conduct further coordination negotiations. For this
       reason, in the case ofany L—bandfrequency that is currently the subject ofa coordination
       agreement and is shared between an MSS operator and an MSS/ATC operator, we will
       permit an MSS/ATC to cause a small increase in interference to another MSS operator‘s
       system above the coordinated interference level when the coordinated interference level
       is already greater than 6% AT/T. This measure accounts for the reality that MSS is
       currently operating in the L—band, and that it may be necessary and appropriate to allow a
       slightly higher level of interference than currently coordinated levels allow in order to
       permit ATC to begin operations. When L—band MSS operators enter into a new
       coordination agreement, this additional interference allowance will no longer apply, and
       MSS/ATC operators will be required to operate its ATC within the limits coordinated by
       the parties." («] 44) (emphasis added)


                                     Technical Certification

        1, Dr. Peter D. Karabinis, Senior Vice President and Chief Technical Officer of Mobile
Satellite Ventures Subsidiary LLC, certify under penalty of perjury that:

       I am the technically qualified person with overall respons'ibility for the technical
information contained in this Response. I am familiar waith   the Commission‘s rules, and the
information contained in the Response is true and e@ 0 the best ofmy knowledge and belief.




                                                      Dated: January 26, 2006


                                PUBLIC COPY (REDACTED)


                                CERTIFICATE OF SERVICE

         I, Sylvia A. Davis, a secretary with the law firm of Pillsbury Winthrop Shaw Pittman
LLP, hereby certify that on this 26°" day of January 2006, served a true copy of the foregoing by
first—class United States mail, postage prepaid, upon the following:


Roderick Porter*                                  Gardner Foster*®
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

Richard Engelman*                                 John Martin*
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

Robert Nelson*                                    Cassandra Thomas*
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

Karl Kensinger*                                   Fern Jarmulnek*
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

Andrea Kelly*                                     Howard Griboff*
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

Scott Kotler*®                                    Sean O‘More*
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

Kathyrn Medley*                                   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


                                PUBLIC COPY (REDACTED)



Diane J. Cornell                           John P. Janka
Vice President, Government Affairs         Elizabeth R. Park
Inmarsat, Inc.                             Latham & Watkins LLP
1100 Wilson Blvd, Suite 1425               555 Eleventh Street, NW.
Arlington, VA 2220                         Suite 1000
                                           Washington, DC 20004

                                              4          4                 /,
                                              /1     /       o*    3       /   7
                                            / ///   //       Cz   4
                                                                  f    / [z        _
                                           L [L{B4 /L             /7   7 !f‘[(—e-—‘~—..~,“
                                                                       7
                                           Sylvia A. Davis

*By electronic mail



Document Created: 2006-01-27 15:55:54
Document Modified: 2006-01-27 15:55:54

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