Motion FINAL.pdf

MOTION submitted by SkyTerra Subsidiary LLC

Motion

2009-08-28

This document pretains to SES-MOD-20090429-00536 for Modification on a Satellite Earth Station filing.

IBFS_SESMOD2009042900536_735888

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Mobile Satellite Ventures Subsidiary LLC ) ) Application for Minor Modification of Space ) File No. SAT-MOD-20090429-00047 Station License (AMSC-1) ) ) Application for Minor Modification of Space ) File No. SAT-MOD-20090429-00046 Station License (MSV-1) ) ) Application for Minor Modification of Blanket ) File No. SES-MOD-20090429-00536 License to Operate Mobile Earth Terminals ) (MSAT-1) ) MOTION TO DESIGNATE PROCEEDINGS AS “PERMIT-BUT-DISCLOSE” SkyTerra Subsidiary LLC (“SkyTerra”) hereby requests that the Commission designate the ex parte status of the above-captioned proceedings as “permit-but-disclose.” Pursuant to the Commission’s rules, “[w]here the public interest so requires in a particular proceeding, the Commission and its staff retain the discretion to modify the applicable ex parte rules by order, letter, or public notice.” 47 C.F.R. § 1.1200(a). The proceedings involve SkyTerra’s applications and associated waiver requests to implement a ground-breaking agreement that will provide SkyTerra the flexibility it needs to deploy its licensed hybrid Mobile Satellite Service (“MSS”) – Ancillary Terrestrial Component (“ATC”) system. The proceedings raise policy issues and involve complex technical analyses regarding the use of L-band spectrum, for which the free exchange of views, particularly with Commission engineers, will be useful in creating a more complete record. SkyTerra has informed all of the parties to this proceeding of its intent to file this motion, and none of the parties stated that it had any objection. Further, changing the ex parte status of this proceeding would be consistent with Commission action in analogous

proceedings involving MSS-ATC systems.1 Based on the foregoing, SkyTerra respectfully requests that the Commission designate the ex parte status of the above-captioned proceedings as “permit-but-disclose.” Respectfully submitted, /s/ Bruce D. Jacobs Tony Lin Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, NW Washington, D.C. 20037 (202) 663-8000 Counsel for SkyTerra Subsidiary LLC August 28, 2009 1 See, e.g., Stamp Grant, File Nos. SES-LIC-20071203-01646, SES-AMD-20080118-00075, SES-AMD-20080219-00172 (granted May 13, 2008) (changing ex parte status of the ATC application of New ICO Satellite Services G.P. to permit-but-disclose in order to “facilitate the resolution of the complex policy issues raised by the application”); Stamp Grant, File Nos. SES- AMD-20070907-01253, SES-AMD-20070723-00978 (granted May 20, 2008) (modifying ex parte status of proceedings involving TerreStar Network Inc.’s request for waiver of various ATC rules to “facilitate resolution of the complex policy issues raised by the application”); Public Notice, SPB-226, DA 08-1217 (May 28, 2008) (stating that the proceeding involving the ATC modification application of Globalstar Licensee LLC would be treated as permit-but- disclose). 2

CERTIFICATE OF SERVICE I, Sylvia A. Davis, a secretary with the law firm of Pillsbury Winthrop Shaw Pittman LLP, hereby certify that on this 28th day of August 2009, I served a true copy of the foregoing by first-class United States mail, postage prepaid, upon the following: Tom Houtman Jennifer D. Hindin Director, Product Development Carl R. Frank SkyWave Mobile Communications, Inc. Colleen King SkyWave Mobile Communications, Corp. Wiley Rein LLP 1145 Innovation Drive, Suite 288 1776 K Street NW Ottawa, Ontario Washington, DC 20006 Canada K2K 3G8 Counsel for Amtech Systems LLC Raul R. Rodriguez Diane J. Cornell David S. Keir Inmarsat, Inc. Lerman Senter PLLC 1101 Connecticut Avenue, N.W. 2000 K Street, NW Suite 1200 Washington, DC 20006-1809 Washington, DC 20036 Counsel for the U.S. GPS Industry Council John P. Janka Latham & Watkins LLP 555 Eleventh Street, NW Suite 1000 Washington, DC 20004-1304 Counsel for Inmarsat, Inc. /s/ Sylvia A. Davis


Document Created: 2009-08-28 16:04:17
Document Modified: 2009-08-28 16:04:17
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