ATC Waiver Ex Parte

Ex PARTE PRESENTATION NOTIFICATION LETTER submitted by TerreStar Networks Debtor-in-Possession

Ex Parte

2011-07-18

This document pretains to SES-MOD-20100727-00963 for Modification on a Satellite Earth Station filing.

IBFS_SESMOD2010072700963_906509

2 3 0 0 N S T R E E T, N W SUITE 700 WASHINGTON, DC 20037 TEL 202.783.4141 FAX 202.783.5851 WWW.W BKLAW.COM ADAM D. KRINSKY 202.383.3340 AKRINSKY@W BKLAW.COM July 18, 2011 VIA ELECTRONIC FILING Marlene H. Dortch Secretary Federal Communications Commission 445 Twelfth Street, SW Washington, DC 20554 Re: File No. SES-MOD-20100727-00963 Dear Ms. Dortch: In response to an inquiry from International Bureau staff, the undersigned on behalf of TerreStar Networks Inc., Debtor-in-Possession 1 (“TerreStar”) had a telephone conversation on July 14 with Paul Blais, Chief, Systems Analysis Branch, Satellite Division, International Bureau, regarding TerreStar’s pending application for modification in the above-captioned proceeding. 2 The pending request, filed in July 2010, seeks limited waiver of certain provisions of section 25.252 of the Commission’s rules, identical to waivers the International Bureau granted to New DBSD Satellite Services G.P., Debtor-in-Possession (“DBSD”) in 2009. 3 Section 25.252 contains technical standards for operation of ATC facilities in the 2 GHz MSS band. In response to the inquiry from the International Bureau, TerreStar hereby clarifies the following with respect to the application: 1 On October 19, 2010, TerreStar Networks Inc. and certain of its affiliates (collectively “Debtors”) filed voluntary petitions for relief under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Southern District of New York. See TerreStar Networks Inc., Case No. 10-15446 (SHL) (SDNY Oct. 19, 2010). On July 7, 2011, the Bankruptcy Court approved the sale of the Debtors to Gamma Acquisition L.L.C. (“Gamma”), a wholly-owned subsidiary of Dish Network Corporation. See TerreStar Networks Inc., Case No. 10- 15446 (SHL) (SDNY July 7, 2011). The parties intend to file with the Commission forthwith appropriate applications to seek Commission consent for the proposed transaction. 2 TerreStar Networks Inc., Application for modification of 2 GHz band Mobile Earth Terminal Blanket License (Call Sign E060430), File No. SES-MOD-20100727-00963 (filed July 21, 2010). TerreStar’s wholly-owned subsidiary, TerreStar License Inc., holds a letter of intent authorization to provide MSS, and TerreStar has blanket authority to operate Ancillary Terrestrial Component (“ATC”) base stations and dual-mode MSS-ATC mobile terminals in the 2 GHz band. 3 New ICO Satellite Services G.P., Application for blanket authority to operate Ancillary Terrestrial Component base stations and dual-mode MSS-ATC mobile terminals in the 2 GHz bands, Order and Authorization, 24 FCC Rcd 171 (IB 2009).

Marlene H. Dortch July 18, 2011 Page 2 Section 25.252(c)(2). TerreStar confirms that its request for waiver of the ATC mobile terminal out-of-band emission (“OOBE”) limit in section 25.252(c)(2) pertains only to the upper edge of the 2000-2020 MHz band. Consistent with the waiver granted DBSD, the TerreStar request seeks authority to operate ATC mobile terminals subject to a uniform (43 + 10*log(P) dB) limit on OOBE in frequencies at the upper edge of the band, i.e., above 2020 MHz. Section 25.252(a)(6). TerreStar confirms that it does not seek relief from section 25.252(a)(6), the provision that prohibits ATC base stations from being located within 820 meters of any U.S. government Earth Station facility operating in the 2200-2290 MHz band. Section 25.252(a)(1). TerreStar confirms that it seeks relief from the existing base station EIRP spectral density limit set forth in section 25.252(a)(1) to permit instead a base station transmission power (P), in watts, attenuated by a factor of (43 + 10*log (P) dB) at the band edges, limited to base stations located beyond 133 kilometers from a U.S. government Earth Station facility operating in the 2200-2290 MHz band. This is the same relief the International Bureau granted DBSD and the same OOBE attenuation limit that applies to broadband PCS and AWS-1 base stations. Further, TerreStar recognizes that U.S. government stakeholders seek an operator-to-operator agreement for relief from section 25.252(a)(1) and confirms that it has reached out to appropriate U.S. government interests to re-start discussions towards such an agreement. This letter is submitted to your office pursuant to section 1.1204(a)(10). Please do not hesitate to contact the undersigned in the event you have questions. Respectfully Submitted, /s/ Adam D. Krinsky Adam D. Krinsky cc: Paul Blais Peter Corea, DBSD


Document Created: 2011-07-18 15:59:36
Document Modified: 2011-07-18 15:59:36
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