Attachment LIGHTSQUARED - Build

LIGHTSQUARED - Build

PUBLIC NOTICE

Public Notice

2012-10-10

This document pretains to SES-MOD-20121001-00889 for Modification on a Satellite Earth Station filing.

IBFS_SESMOD2012100100889_971040

PUBLIC NOTICE Federal Communications Commission News Media Information 202 / 418-0500 445 12th St., S.W. Internet: http://www.fcc.gov TTY: 1-888-835-5322 Washington, D.C. 20554 Report No. SPB-244 DA 12-1604 October 10, 2012 FEDERAL COMMUNICATIONS COMMISSION INVITES COMMENT ON LIGHTSQUARED REQUEST FOR RELIEF FROM BUILD-OUT CONDITIONS IB Docket No. 12-296 Comments/Petitions to Deny Due: November 9, 2012 Oppositions Due: November 19, 2012 Replies Due: November 28, 2012 This Public Notice seeks comment on the request by LightSquared Subsidiary LLC and One Dot Six Corp. (referred to collectively in this Notice as “LightSquared”) that the Federal Communications Commission (“Commission”) declare that the build-out milestones in the Harbinger Transfer Order1 no longer apply.2 In March 2010, as part of the Commission’s approval of the acquisition of SkyTerra Communications, Inc. and its subsidiaries and affiliates (“SkyTerra”) by investment funds managed by Harbinger Capital Partners (“Harbinger”), the Commission adopted a set of conditions, including one that required SkyTerra (which Harbinger renamed LightSquared after the acquisition) to meet stringent build-out and coverage milestones for a network to provide mobile broadband services to the public. 3 Another condition requires LightSquared to provide terrestrial coverage to at least 100 million people in the United States by December 31, 2012. 4 Additional milestones require LightSquared to provide terrestrial coverage to at least 145 million people in the United States by December 31, 2013, and to at least 260 million people in the United States by December 31, 2015. 5 1 SkyTerra Communications, Inc., Transferor and Harbinger Capital Partners Funds, Transferee, Memorandum Opinion and Order and Declaratory Ruling, IB Docket No. 08-184, 25 FCC Rcd 3059 (2010) (“Harbinger Transfer Order”). 2 Letter from Jeffrey J. Carlisle, Executive Vice President, Regulatory Affairs and Public Policy, LightSquared Inc., to Marlene H. Dortch, Secretary, FCC, dated September 24, 2012 at 1 (“September 24 Letter”) (filed as an attachment to pending requests). 3 Harbinger Transfer Order at ¶ 72 and Attachment 2. 4 Harbinger Transfer Order at Attachment 2, ¶ 5. 5 Id.

LightSquared requests a declaration that these milestone conditions no longer apply in light of events that have transpired since the release of the Harbinger Transfer Order. LightSquared argues that its ability to provide terrestrial coverage has been constrained by the need to resolve interference concerns relating to the operations of Global Positioning System (GPS) satellite services in adjacent frequency bands. In particular, LightSquared states that its ability to provide terrestrial coverage using an Ancillary Terrestrial Component (“ATC”) has been rendered uncertain by the Commission’s proposal in February 2012 to suspend indefinitely or revoke all of the ATC authorizations on which LightSquared’s terrestrial network relies. 6 LightSquared asks for a declaration from the Commission that the build-out milestones in the Harbinger Transfer Order no longer apply, and that LightSquared is relieved of those conditions until the status of LightSquared’s ATC authorizations is clarified. 7 LightSquared’s request is submitted as part of the following applications (collectively, the “Applications”): File Number Call Sign/Lease ID SAT-MOD-20120927-00158 AMSC-1 SAT-MOD-20120927-00159 S2358 SES-MOD-20121001-00888 E930367 SES-MOD-20121001-00889 E980179 SES-MOD-20121001-00890 E100051 SES-MOD-20121001-00891 E930124 SES-MOD-20121001-00892 E080031 SES-MOD-20121001-00893 E080030 ITC-MOD-20120927-00246 0005424201 L000007295 0005424221 WQMN726 0005424280 WQHL596 0166-EX-ML-2012 WF2XSA PROCEDURAL MATTERS This proceeding shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission’s ex parte rules. 8 Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, 6 September 24 Letter at 3. This proposal is currently pending before the Commission. See also Public Notice: International Bureau Invites Comment on NTIA Letter Regarding LightSquared Conditional Waiver, IB Docket No. 11-109, DA 12-214 (rel. February 15, 2012). 7 September 24 Letter at 3. 8 47 C.F.R. §§ 1.1200 et seq. The Commission, or Bureau staff pursuant to delegated authority, may adopt modified ex parte procedures in particular proceedings “where the public interest so requires.” 47 C.F.R. § 1.1200(a). We find that designating this proceeding as permit-but-disclose will serve the public interest by allowing for broader participation and ensuring that the Commission benefits from a comprehensive record. 2

and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules. The Applications have been found, upon initial review, to be acceptable for filing. The Commission reserves the right to return any application if, upon further examination, it is determined to be defective or not in conformance with the Commission’s rules or policies. Final action on the Applications will not be taken earlier than thirty-one (31) days following the date of this Public Notice. 9 Interested parties must file petitions to deny or comments no later than November 9, 2012. Responses or oppositions to comments and petitions must be filed no later than November 19, 2012. Replies to such pleadings must be filed no later than November 28, 2012. All filings concerning matters referenced in this Public Notice should refer to DA 12-1604, IB Docket No. 12-296, as well as the specific file numbers of the individual applications or other matters to which the filings pertain. To allow the Commission to consider fully all substantive issues regarding the Applications in as timely and efficient a manner as possible, petitioners and commenters should raise all issues in their initial filings. New issues may not be raised in responses or replies. 10 A party or interested person seeking to raise a new issue after the pleading cycle has closed must show good cause why it was not possible for it to have raised the issue previously. Submissions after the pleading cycle has closed that seek to raise new issues based on new facts or newly discovered facts should be filed within 15 days after such facts are discovered. Absent such a showing of good cause, any issues not timely raised may be disregarded by the Commission. 11 Submissions in this matter may be filed electronically (i.e., though ECFS) or by mail.  Electronic Filers: 12 Comments may be filed electronically using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/. In completing the transmittal screen, filers should include their full name, U.S. Postal Service mailing address, and the applicable docket number. Parties also may submit an electronic comment by Internet e-mail.  Paper Filers: Parties who choose to file by paper must file an original and four copies of each filing. 9 See 47 U.S.C. § 309(b). 10 See 47 C.F.R. §1.45(c). 11 See id. 12 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13 FCC Rcd 11322 (1998). 3

Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first- class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission. All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class, Express, and Priority mail should be addressed to 445 12th Street, S.W., Washington, D.C. 20554. One copy of each pleading must be delivered electronically, by e-mail or facsimile, or if delivered as paper copy, by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail (according to the procedures set forth above for paper filings), to the Commission's duplicating contractor, Best Copy and Printing, Inc., at fcc@bcpiweb.com or (202) 488- 5563 (facsimile). Copies of the Applications and any subsequently-filed documents in this matter may be obtained from Best Copy and Printing, Inc., in person at 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554, via telephone at (202) 488-5300, via facsimile at (202) 488-5563, or via e-mail at fcc@bcpiweb.com. The Applications also are available electronically through the Commission’s ECFS, which may be accessed on the Commission’s Internet website at http://www.fcc.gov. People with Disabilities: To request materials in accessible formats (computer diskette, large print, audio recording, and Braille) send an email to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). For further information, contact: International Bureau: Gardner Foster, at Gardner.Foster@fcc.gov or (202) 418-1990; Office of Engineering and Technology: Ronald Repasi, at Ronald.Repasi@fcc.gov or (202) 418-0768; Office of General Counsel: Steven Spaeth, at Steven.Spaeth@fcc.gov or (202) 418-1539; Wireless Telecommunications Bureau: Paul Murray, at Paul.Murray@fcc.gov or (202) 418-0688. Action by the Chief, International Bureau. - FCC- 4


Document Created: 2012-10-15 14:55:17
Document Modified: 2012-10-15 14:55:17
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