Attachment MSV ATC

MSV ATC

LETTER submitted by MSV

MSV ATC

2005-12-22

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

IBFS_SESMOD2005111001561_480610

C
Pillsbury
Winthrop
Shaw
Pittmanu

                                        December 19, 2005

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

            Re:     Application of Mobile Satellite Ventures Subsidiary LLC for
                    Modification of License to Operate an Ancillary Terrestrial
                    Component
                    File No. SAT—MOD—20051104—00212
                    File No. SAT—MOD—20051104—00211
                    File No. SES—MOD—20051104—02556

     Dear Ms. Dortch:

            Mobile Satellite Ventures Subsidiary LLC ("MSV"), by its undersigned counsel,
     hereby responds to the December 14, 2005 letter submitted by Inmarsat Ventures Ltd.
     ("Inmarsat") asking the Commission to formally consolidate the above—referenced
     applications in a single proceeding and to issue yet another Public Notice establishing
     January 13, 2006 as the deadline for Petitions.‘ The public interest is best served by the
     rapid processing of MSV‘s applications, to better provide the regulatory stability that is
     critical to the deployment ofits innovative technology. Nonetheless, MSV will not
     object if Inmarsat submits a consolidated response to the applications by the January 13,
     2006 deadline for comments on the third of the applications. MSV does object, however,
     to any additional public notice or any extension of the existing deadlines past January 13,
     2006 because of the unnecessary prejudice and delay that will result.

            On November 4, 2005, MSV filed electronically via the International Bureau
     Filing System ("IBFS") the above—referenced applications for authority to modify its
     license to operate an ancillary terrestrial component ("ATC") in the L band." Consistent
     with its original application for an ATC license, MSV filed three separate but

     ‘ See Letter from John P. Janka, Counsel for Inmarsat, to Ms. Marlene H. Dortch, FCC,
     File Nos. SAT—MOD—20051104—00212, SAT—MOD—20051104—00211, SES—MOD—
     20051110—01561 (December 14, 2005) ("Inmarsat Letter").
     * See Application of Mobile Satellite Ventures Subsidiary LLC, File Nos. SAT—MOD—
     20051104—00212, SAT—MOD—20051104—00211, SES—MOD—20051104—02556 (November
     4, 2005) ("Application").


Ms. Marlene H. Dortch
December 19, 2005
Page 2

substantively identical applications: (i) a minor modification of its license to operate
ATC in conjunction with AMSC—1; (i1i) a minor modification of its license to operate
ATC in conjunction with MSV—1; and (iii) a minor modification of its license to operate
ATC in conjunction with MSAT—1 and its replacement, licensed by Industry Canada.
The first two applications are processed as space station applications; the last is processed
as an earth station application.

       Consistent with its normal practice of issuing separate Public Notices for space
station and earth station applications, the International Bureau placed the two space
station applications on Public Notice on December 7, 2005, with a deadline for
Comments or Petitions of January 6, 2006, and released a second Public Notice
pertaining to the earth station application on December 14, 2005, with a deadline for
Comments or Petitions of January 13, 2006." Inmarsat asks that the Bureau formally
consolidate all three proceedings and establish January 13, 2006 as the deadline for
Petitions with respect to all three applications. Inmarsat Letter at 1.

        The least prejudicial and most administratively efficient result would be for
Inmarsat to file its Petition with respect to all three applications on January 6, 2006.
Inmarsat cannot argue that it has not had sufficient time to review the applications.
Because the applications were electronically filed, they were immediately available to the
public for review on November 4, 2005. Indeed, Inmarsat‘s counsel contacted MSV‘s
counsel regarding the applications on November 15, 2005, so it apparently will have had
access to the applications for at least 52 days prior to the January 6, 2006 filing deadline.

       Nonetheless, MSV will not object if Inmarsat were to seek a waiver of Section
25.154(a)(2) and file its Comments or Petition with respect to all three applications on
January 13, 2006." The Bureau, however, should not formally consolidate these
applications and issue yet a third Public Notice on the same applications. The
applications have already been subject to two Public Notices. Consolidating these
applications and issuing yet a third Public Notice would be unreasonably prejudicial to
MSV by creating yet additional process on applications that have already been subject to
more than one Public Notice.




*‘ See Public Notice, Report No. SAT—00333 (December 7, 2005); See Public Notice,
Report No. SES—00775 (December 14, 2005).
* The 30—day period for filing Petitions to Deny is a Commission rule, not a statutory
requirement, and, as such, can be waived by the Bureau upon a showing of good cause.
See 47 C.F.R. § 25.154(a)(2).


Ms. Marlene H. Dortch
December 19, 2005
Page 3

         Please contact the undersigned with any questions regarding this matter.

                                              Very truly yours,




                                            D MLZ_
                                              Bruce D. Jacobs
                                              David S. Konczal




CC.      Roderick Porter
         Cassandra Thomas
         Robert Nelson
         Andrea Kelly
         Scott Kotler
         Diane J. Cornell
         John P. Janka



Document Created: 2006-01-04 09:23:26
Document Modified: 2006-01-04 09:23:26

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