Attachment Grant

This document pretains to SES-MOD-20060124-00090 for Modification on a Satellite Earth Station filing.

IBFS_SESMOD2006012400090_502926

Federal Communications Commission ba o6—1179 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of GeoL.ogic Solutions, Inc. File No. SES—MOD—20060124—00090 Application for Modification to Extend Term Call Sign: E900081 of Earth Station Authorization ORDER AND AUTHORIZATION Adopted: May 31, 2006 Released: May31, 2006 By the Chief, Satellite Division, Intemational Bureau: + INTRODUCTION 1 In this Order, we grant GeoL.ogic Solutions, Inc.‘s (GeoL.ogic) request! to extend the term of its authorization to operate 50,100 half‘duplex mobile earth terminals (METs) in the lower L—band, using the AMSC—1 and MSAT—1 satellites, for an additional four years through July 2, 2010. At the same time, we grant GeoL.ogic an accompanying waiver of footnote US315 to the U.S. Table of Frequency Allocations (Table of Allocations) and of section 25.136(d)" of the Commission‘s rules.. Grant of this extension will permit GeoLogic to continue to provide mobile satellite service (MSS) to its customers in the United States while it transitions to METs capable of full compliance with the Commission‘s standards for realtime priority and preemptive access thatare designed to ensure the integrity of maritime safety communications. 1. BACKGROUND 2. GeoLogic® is currently authorized to operate up to 50,100° half duplex METs in ‘ GeoLogic Appleation for Modifcation of Satlite Earth Sution, TBFS File No. SES—MOD—20060124—00090 (Geotogie Applicaon) jaror® 2s 000 * GeoLogie‘s MET icenses were formerly hld by Mobile Satelte VentresSubsidiay, LLC (MSV). GeoLogic is the successor entiytothe tansporation division of Acther Systems, Ic. (Acther, an eniy that distibuted hlf duplex METs using the Earthand space segment leensed o MSV. On December 5, 2005,the Commisiongranted the appliation of MSV and GeoL.oni foassignment of MSV‘s MET lcensest GeoLogic. See Mobile Stelite Ventures Subsidiry, LC Application for Consent to Assignment, IBFS File, No. SES—ASG—20050820.01187 (ranted December 5, 2005see also Stelite Communication Services Iformation, Actions Taken, Public Notce, Report No. SES—00773 (rel. December7, 2005) In 1998, the Commissionreleased two orders collecively authorizing MSV to operate 15,100 METs in th lover L—band in halfduplex mode,_ See AMSC Subsidiary Corporaton, Order and Authorization, 10 FCC Red 10458 (1999) see also dMSC Subsidlary Corporation, Order on Reconsidention, 11 FCC Red 5827 (1995). In 1996, the Commision granted MSV‘s request o acquie an additonal18,000 halfduplex METfrom RockvellInterational (contimed..

Federal Communications Commission pa o6—1179 the lower L—band, using the AMSC—1 and MSAT—1° satelites._ In our last order extending the term ofthis authorization for two years, the Commission also acknowledged that the half—duplex METs did not comply with the requirement that MSS safety systems may not interfere with maritime mobile—satellite service distress and safety communications that also operate in the lower L—band. These real—time priority and preemptive access requirements are found in footnote US315 to the Table of Allocations® and Section 25.136(d) of the Commission‘s rules. Based on MSV‘s showing that the integrity of maritime safety and distress signals could be maintained with the appropriate restraints on ts half duplex transmissions, however, we granted a limited extension of the authorization for two years and a waiver of the requirements US315. At that time, we stated that the limited two year term would encourage manufacturersto continue to develop and deploy new technology capable of full compliance with US315." 3. On January 24, 2006, GeoL.ogic filed an application to extend the license term for its 50,100 halfduplex METs for four additional years, until July 2, 2010, and a corresponding waiver of US315 to the Table of Allocations for four additional years." GeoLogic maintains that allowing it to operate for an additional four years, until July 2, 2010, will not increase the Hikelihood of possible harmful interference with maritime safely systems operating in the lower L—band." According to GeoLogic, neither GeoL.ogic, nor its predecessor, Acther, has received any indication that their operations in the lower L—band have interfered with marine broadcasts, since the Commission first granted it a waiver of US315 in 1995..° Finally, GeoL.ogic maintains antinied om previous page) Corontion. As a result ofthis grant, MSV was authorized to operte 33,100 halfduplex METs in thelower L~ band.. See MSV Request for Modifiation of Blanket License, IBFS File No. 179—DSE—MPL—97. In 2002,the Satelite Division of the Inerational Bureau (the Diviion) granted MSV egularauthoriy for a term of wo years to operatethe 23,100 halfduplex mobile earth terminals, that it was then operitng on a temporary basisin the lower L—band.. In addtion, the Division declined MSV‘s request to operate an additional 3600 METs in theL~ band.. See Mobile Satelite Ventres Subsidiry, LLC to Modify Blanket License Authorizationto Operate up to addiional 36900 Mobile Earth Terminals in the L—Band and Request for Special Temporary Authoriy, Memorandum Opinion and Order, 17 ECC Red 12894 (2002), In the 2004 MSF Reconsideration Order, the Division grated MSV authoriy to operte an addiional 17000 halfduplex METs in the lower Lband via he AMSC:1 satlit, fora ermof o years. See Mobile Stelite Ventures Subsidiny, LLC Applicaion to Modify Blanket License Authorzation to Operate Up to an Addivonal 26900 Mobile Earth Terminals in the L—Band and Request fr Special Temporary Authoriy, Memorandim Opinion, Order and Authorization, 19 FCC Red 4672 (2004) (MS Reconsideration Order. As noted above, in 2005,the authorzation was transfezed to GeoLoglc ‘Thus, as of2005, Geo.ogic had authoritto perate 50,100 METs in the lover L—band " See Mobile Stelite Ventires Subsidiry, LLC, Applicationsfor Modifiation of Licensesto Pernit Mobile Earth Terminals Fixed Barth Staions to Communicate Using Either the AMSC—1 or MSAT—1 Satlites, Order and Auborizatin, 16 BCC 20934 (2001) * Foomote US31S to Section 2.106 of the Commision‘s riles imposes the following requirements on MSG operations in thelower L—band: in thfequency bands 1930—1544 Mitzand 1626.5—1645.5 Mitz maritime moble sateite disess and safety communications, et, GMDSS, stall have prionty access with rea.time preemptve capablity in the mobilesatelite srvice. Communicationsof mobilestelit ystem sttions t participatig in the GMDSS shall operte on a secondry basis to ditress and safty communications of statins operting in the GMDSS._ Accountshal be taken of the priority ofsafet—relited communications in the mobile stelit sevice." «rcrR 5210. " See MSY Reconsideraton Ordeat 4674 " GeoLogic Application, Mtachment B at 4—5 *1 ° GeoLogie Appliation, Atachment B at 5.

Federal Communications Commission pa cc1179 that grant of ts application will allowit to continue to serve its customers as it transitions to full duplex METs, which will fully comply with the real—time and priority access requirements of US315."" Geologic‘s application was placed on public notice on February 1, 2006. ". Other than a letter filedby the National Telecommunications Information Administration (NTIA) endorsing the extension request, subject to certain conditions, " no comments were filed. un DISCUSSION 4. In this Order, we conclude that, subject to the conditions set forth herein, grant of the four—year license extension and accompanying waiver request sought by GeoL.ogic will serve the public interest. As explained below, the preemptive capability of GeoLogic‘s halfduplex terminals has significantly improved. since the last renewal of its license. Thus, grant of GeoLogic‘s request will permit it to continue to provide a valuable service while at the same time ensuring that the public interest purpose of the maritime safety systems precmptive access requirement is served. 5.. Pursuant to Section 2.102 of the Commissions: rules, the assignment, authorization, and use of frequencies and bands of frequencies between 9 kHz and 275 GHz shall be in accordance with the Table of Allocations."* As noted above, in connection with its extension request, GeoLogic seeks a waiver of the priority and preemption requirements of feotmote US315 of the Table of Allocations.". These requirements are also incorporated by reference in Section 25.136(d) of the Commission‘s rules."®. Section 1.3 of the Commission‘s ules authorizes the Commission to waive its rules for "good cause shown.""" Waiver is appropriate only if special circumstances warrant a deviation from the general rule and such deviation would better serve the public interest than would strict adherence to the general rule." Generally, the Commission may grant a waiver ofits rules in a particular case only if the relief requested would not undermine the policy objective of the rule in question and would otherwise "" Geotogie Applicaton, Attachment B at 7. In this applcation, Geol.ogic does not seek, and we do not grant, authoriztion foruse ofll duplex METs. Thi ordeis limted o an extension ofthe erm fr theexsing50,100 haledupleMET. © saellte Communication Services Infrmation, Stelite Radio Applications Accepted forFling, Public Norice, Report No. SES—00790(relFebmwary 1, 2006) ® See Letter fom Jim Vorkies, Acting Program Manager, Spectrum Plan, NTIA, to Robert G, Nelson, Chict Satlfte Division, Iitemational Bureau, Federal Communications Commission, dated Febrmary 28, 2006 (VZHA Approval Lete) 5* 47 CER. § 2.102(). Cerain exeeptions ar specifed in Setion2.102,none ofwhichare atissue hrein "* As noted above, US3IS provides thit MSS systems not paricipating in the GMDSS may notinerfere with martime mobile—steit servic distessand safety communicationsthat also operate in e lower L—band. " Section25.136(4)also provides that"Any mobileerth station (MES)associated with the Mobile Satlite Service openting in the 1530—1544 Mite and 10265—1645.5 MHz bands stull have the following minimum set of capsblltesto ensure compllance wth Footote SS.153A and the prionty and realtme preemption requirements imposed by Foomore US31S." 47 CBR.§ 25.1300) 7 See Section 13 of the Commission‘s mles, 47 CRR §13. See also WATT Radio v. FCG, 418 R2d 1183 (D.C. Cir 1969)(WAFT Radio); Nonteast Cellalar Tel. o. v. ECC $97 F2d 1166 (D.C. Ce,1990) (Northeast Celldar) " See Northeast Celtuor, 897 F.2d at 166.

Federal Communications Commission pa oc—1179 serve the public interest."In considering a request for non—conforming spectrum uses, the Commission has indicated that it would generally grant such waivers "when there is little potential for interference into any service authorized under the Table of Allocations and when the non—conforming operator accepts any interference from authorized services.""" 6. NTIA supports the grant of GeoLogic‘s request for a four—year extension of its Hicense term to operate 50,100 half—duplex METs, subject to certain conditions."". Specifically, NTIA requests that the following conditions apply to GeoL.ogic‘s half—duplex terminals:(1) the spectrum used by the METs must be limited to the 2.0 megaherts of spectrum that MSV has coordinated for its satellite and no additional spectrum will be requested or used, (2) no more than the already authorized 50,100 half:duplex METs will be used, (3) the authorization will expire in four years but no later than the end of the useful Tife of AMSC—1 and MSAT—1 satelltes, and (4) the METs will be capable of preemption for maritime safety systems within no more than 10.34 seconds."" 7. At this ime, GeoLogic‘s halfduplex terminals do not fully comply with the real— time priority and preemptive access requirements of US315 and the provisions of Section 25.136(d). However, due to a new protocol, the MAP protocol, introduced by GeoLogic in 2005,"" as well as increasing reliance on terrestrial networks," GeoLogic has made significant improvements in preemption times."". According to GeoLogic, approximately 80 percent of ts satellite messages are short messages (e,g., less than 240 characters/2 data packets) sent over signaling channels, which further reduces the amount of time where preemption may be required."". Furthermore, to the extent that preemption is required, GeoL.ogic maintains that the average preemption time for METs using the new protocol introduced in June of 2005 is 3.56 seconds."". GeoLogic states that this is nearly 6.5 seconds faster than the shortest preemption capabiliies of GeoLogic‘s METs in 2004." GeoLogic also indicates that the average ® See NAITRedio 418 R2d at 1157 ® Pugro—Chance, Inc, Applieationfor Blanket Authority to Constrect and Operate a Privte Network of Receive Only Mobile Earth Stions, Order and Audorizaion, 10 ECC Red 2860 (paa. 2) (1995) (authoricing non— conforming mobilesitelite sevicein the C:band), See also Motorols Satefte Communications,Inc, Applation for Modification of Licens, Order and Authorization, 11 ECC Red 13952, 13956 (pan. 11) (1996) (suthoriing service t Aixed ferminals in bandsallocated to the mobilesatelite service. " NTApproval Lener. "m " The 2005 MAP protocal i "a software and registation process hat enablesthe use of thesignalig channelfr short outbound data messages o be delivered fster than would be possible using Standard C protocol."_.See Leter from Tom Davidson, Counselfor GeoL.ogic Solutions, In. to Marlene . Dortch, Secrctuy, ECC (May 23, 2006, "* GeoLogle indicatestat in halfduplex METS with a GPRS modul, more than $0% of all message traffc sransmited by these METS is ransmited terestiall. Geologic Appliaion, Atachment B at 8 "GeoLogie Applicatin, AtachmentB at $7 * Geologic Applicaton, Atachment B at6. " Geologic Applieaton, Atachment B at6 * GeoLogic sttesthat approvimately 19000 o its carent genenation METs areusing the new protocoland that GeoLogic expects o unarade virtallyall ots 36000 curenty deployed METs bytheend of thesecond quartr of 206. See GeoLagic Applicaionat 7. In the 2004 MSY Reconsideraion Order, we stted that most ofthespectrum (continued.. a

Federal Communications Commission wA dé—1179 preemption time for all of GeoL.ogic‘s METS, regardless of the protocal used, is 4.9 seconds. Finally, GeoLogic indicates that the maximum amount oftime necessary for preemption ofall of its METS is 10.34 seconds."" 8. Based upon the record before us, we find it unlikely that the preemptive capabilty of GeoLogic‘s halfduplex terminals will adversely affect maritime saféty. Moreover, given GeoLogic‘s showing that it has significantly increased the speed of its preemptive access capabilities since 2004, coupled with the fact that GeoL.ogic is not secking to operate additional METs or new frequencies; we find that a waiver of US315 and Section 25.136(d) for four additional years is warranted. According to GeoLogic, it expects that its full duplex METs, which will be fully compliant with US315, and for which authority to operate will be separately sought, will be commercially available by the end of 2006.. Thus, grant of this waiver will allowGeoLogic to continuing to serve its customers while allowing it the time necessary to transition to full duplex METs. 9. This limited license term will allow GeoLogic to continue to serve customers, including the United States Government, which uses GeoLogic‘s METs for public safety and homeland security functions,"" pending its transition to full duplex METs that are fully compliant with US315 and Section 25.136(d). Limiting the term to four years, however,is consistent with our concem that the terminals do not meet the realtime priority and preemptive access guidelines, and such METs should be authorized only for a temporary period and requests for waivers of US315 and 25.136(d) be evaluated on a case—by—case basis. 10. Finally, we will require that the spectrum used in connection with the METs authorized herein be limited to the 2.0 megaherte of the spectrum that MSV has already coordinated. for its system." In addition, Geologic‘s METs must comply with the Commission‘s requirements for out—of—band emissions for mobile terminals operating in the L~ band. 1. ORDERING CLAUSES 11. Accordingly, IT 18 ORDERED that,the application o GeoLogic Solutions, Inc. to extend the license term of its Earth Station authorization, E900081, is GRANTED and that GeoLogic Solutions, Inc. 1 AUTHORIZED to operate 50,100 METs on a non—common carrier basis in the 1626.5—1645.5 MHz and 1530—1544 MHz frequency bands through the AMSC—1 satellte at 101° W.L.and the MSAT—1 satellite at 106.5° W.L. to provide mobile satellteservice (..contimed from previous page) used by MSV‘s hlfdaples "MET canbe madl available withi essthan 12 seconds and allof t in no more than 4 seconds." AASY Reconsideraion Order 19 PCC Red at 4624 " See Leter om Tom Davidson, Counsel for GeoLogic Solutions,In. to Marene . DortchSecretay, FCC (May 22,2006). See also Geologic Applicaion, Atchment B at6, foomote 16. "® See Geotogle Appllcation, Mtachment B at 7—11. We agree with GeoLoglc, thatthe contimed use ofis crrent generationohalfduplex METs for anadditinal for year term willfrthr the effcient use ofstelite resources pending it transiton o ull duplex METs " See Geologi Applicaton, Atachment B at9. "" See NTH ApprovalLever ® sear onR 525216

Federal Communications Commission pa oe—1179 in the United States for a term of four years, or untilthe end of the useful life of the satellites, whichever is sooner, in accordance with the technical specifications set forth in its application and its Radio Station Authorization, and consistent with the Commission‘s rules, subject to the conditions set forth below 12 IT 18 FURTHER ORDERED that, GeoLogic Solutions, Inc. is GRANTED a waiver of the real—time priority and preemptive access requirements of Footnote US315 to Section 2.106 and Section 25.136(d) of the Commission‘s rules, 47 C.F.R. §§ 2.106, 25.136(4), and ITU Radio Regulation 5.353A, for the term of the license. 13. IT IS FURTHER ORDERED that, GeoLogic Solutions, Inc.‘s MET operations shall be limited to the 2.0 megahertz of spectrum in each direction of the 1626.5—1645.5 MHz and 1530—1544 MHz band coordinated for the satellite(s) being accessed in the most recent annual L—band operator—to—operator agreement, and that no additional spectrum will be requested or used. 14. IT IS FURTHER ORDERED that, GeoLogic Solutions, Inc.‘s operation of its 50,100 METs is on a secondary basis to safety and distress communications of thase stations operating in the Global Maritime Distress Satellte Service. 15. IT 18 FURTHER ORDERED that, GeoLogic Solutions, Inc.‘s MET operations shall meet the real—time priority and preemptive access limits set forth in its application, IBFS File No. SES—MOD—20060124—00090, including the requirement that all METs will be capable of preemption for maritime safety systems within no more than 10.34 seconds 16. IT 18 FURTHER ORDERED that, GeoLogic Solutions, Inc. be afforded thirty days to decline this authorization. Failure to respond within this period will constitute formal acceptance ofthe authorization. 17 This Order is issued pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, and is effective upon release. FEDERAL COMMUNICATIONS COMMISSION J2yrintiien, Robert G. Nelson Chicf, Satellite Division International Bureau


Document Created: 2006-05-31 15:40:45
Document Modified: 2006-05-31 15:40:45
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