Attachment 20150323172044.pdf

20150323172044.pdf

DECISION submitted by IB-FCC

Waiver Grant

2015-03-23

This document pretains to SES-MSC-20150122-00035 for Miscellaneous on a Satellite Earth Station filing.

IBFS_SESMSC2015012200035_1081031

                                    Inmarsat Mobile Networks, Inc.
                               IBFS File No. SES—MSC—20150122—00035
                                          MaReh &3, 2015
The request of Inmarsat Mobile Networks, Inc. (Inmarsat), IBFS File No. SES—MSC—20150122—00035, to
modify a waiver of Section 25.131(j) of the Commission‘s rules, 47 C.F.R. § 25.131(j), IS GRANTED.
Accordingly, unlicensed Radionavigation—Satellite Service (RNSS) terminals may receive transmissions
over L1 and L5 GPS frequencies (1573.42—1577.42 MHz and 1166.45—1186.45 MHz, respectively) from
the Wide Area Augmentation System (WAAS) transmitter on the U.K.—authorized Inmarsat 4F3 satellite
at the 98° W.L. orbital location. See Inmarsat Hawaii Inc., Stamp Grant, IBFS File No. SES—MSC—
20100415—00483 (granted July 13, 2010) (waiving Section 25.131(j) to permit unlicensed WAAS
reception from Inmarsat 4F3 at 97.65° W.L.). This action is based upon the following findings and
conclusions:

1.      The FCC has previously received and favorably reviewed required information (see, e.g., 47
C.F.R. § 25.114(d)(14)) concerning the debris mitigation plans for the Inmarsat 4F3 satellite. See IBFS
File No. SES—MFS—20080228—00207, Exhibit D.                                      .

2.       The FCC has previously received and favorably reviewed, in connection with requests involving
different frequency bands, required information with respect to legal, technical, and policy aspects of
access by the Inmarsat 4F3 satellite to the U.S. market. The findings and conclusions that formed the
basis of that prior review are equally applicable to this request. See IBFS File Nos. SES—MFS—20080228—
00207, SES—AFS—20080410—00448, and SES—AFS—20080915—01200; see also IBFS File Nos. SES—MFS—
20100204—00162 and SES—MFS—20141003—00786 (market access related to WAAS transmissions).

3.      The RNSS signals offered by this non—U.S. licensed satellite are provided pursuant to a contract
with the Federal Aviation Administration (FAA) for use in connection with the FAA‘s Wide Area
Augmentation System, and will further the FAA‘s goals of improving the functionality and reliability of
the Global Positioning System.

4.      The waiver is granted in connection with operations of an RNSS system that is compatible with
other U.S. Government and U.S. non—Federal radiocommunication systems. The Inmarsat 4F3 WAAS
operations have completed ITU coordination with U.S. systems.




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                                     Before the
                      FEDERAL COMMUNICATIONS COMMISSION
                               Washington, D.C. 20554

                                                                     SES—MSC—20150122—00035
In the Matter of                                   ;     Inmarsat Mobile Networks, Inc.

Inmarsat Mobile Networks, Inc., Waiver of          )
Section 25.131(j) of the Commission‘s Rules        )
with Respect to Inmarsat—4 F3 at 98° W.L.          )
                                                   )
                                   PETITION FOR WAIVER

       The Commuission has granted market access for the Inmarsat—4 F3 satellite ("I4F3") for a

satellite located nominally at 98° W.L. and operating under the authority of the United

Kingdom.‘ Based in part on the grant of market access, the Commission also granted, at

Inmarsat‘s request, a waiver of Section 25.131(j) of the Commission‘s rules to facilitate the

ability of Global Positioning System ("GPS") terminal users to receive from IMF3 certain GPS—

related data generated by the Federal Aviation Administration‘s ("FAA") Wide Area

Augmentation System ("WAAS") over "L1" and "L5" GPS frequencies (1573.42—1577.42 MHz

and 1166.45—1186.45 MHz, respectively)."

       14F3‘s station keeping box originally was centered at 97.65° W.L. As a result of

coordination related to its feeder links, its station—keeping box has since been modified so the

spacecraft is now centered at 98.0° W.L. The Commission has modified the ISAT List to reflect

the operation of I4F3 at 98° W.L. (with no station—keeping offset) in the L band (1525—1559




1      Inmarsat Hawaii, Inc., File Nos. SES—MEFS—20080228—00207, SES—AFS—20080410—
       00448, SES—AFS—20080915—01200 (granted Dec. 18, 2008).
       See Inmarsat Hawaii Inc., Petition for Waiver of Section 25.131(j) of the Commission‘s
       Rules, File No. SES—MSC—20100415—00483 (granted July 13, 2010).


MHz, 1626.5—1660.5 MHz).® In addition, Inmarsat hés been granted authority to modify its

gateway earth station in Paumalu, Hawaii (call signs EO80059) to specify I4F3 located at 98°

W.L. as a point of communication, including for the receipt of GPS data in the L1 and LS GPS

frequencies.*

       By this submission, and to the extent necessary, Inmarsat requests that the previously

granted waiver relating to WAAS operations from I4F3 be modified to reflect the 98° W.L.

location, or in the alternative, that a new grant of waiver be issued. The public interest rationale

previously provided remains fully relevant because the same satellite and nominal orbital

location are being utilized. Inmarsat therefore respectfully incorporates by reference its previous

petition for waiver, which is attached as Exhibit 1 for the Commission‘s convenience."

                                                  Respectfully submitted,



                                                              /s/

Christopher J. Murphy                              John P. Janka
Inmarsat Mobile Networks, Inc.                     Elizabeth R. Park
1101 Connecticut Avenue, N.W.                      LATHAM & WATKINS LLP
Suite 1200                                         555 Eleventh Street, NW.
Washington, D.C. 20036                             Suite 1000
Telephone: (202) 248—5158                          Washington, D.C. 20004
                                                   Telephone: (202) 637—2200



January 22, 2015




3      See File No. SAT—PPL—20141003—00106 (granted Jan. 8, 2015).
*      See File No. SES—MFS—20141003—00786 (granted Jan. 13, 2015). The Commuission also
       granted special temporary authority for this gateway terminals to communicate with I4F3
       at 98.0° W.L. See File No. SES—STA—20141013—00798 (granted Dec. 10, 2014).
5      47 C.F.R. § 1.3.


EXHIBIT 1


                                                                           flls SES—hsc—20100415—0049%
                                                                           Call Sign________Grant Date                                                    i3 201 6
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  (9) DAYTIME TELEPHONE NUMBER (Include area codep                                        {10) COUNTRY CODE (if not in U.S.A.)                                       a             @@\

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  {E1}PAYER (FRN)                                              +                          (12) PCC USE ONLY

  0017460478
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                COMPLETE SECTION BELOW FOR EACH SERVICE, IF MORE BOXES ARE NERDED, USE CONTINUATION S1IEET
 (13) APPMCANT NAME


 (14) STREET ADDRESS LINE NO.1


 (IS) STREET ADDRESS LINE NO, 2

 (16) CHTY                                                                                                   {17) 8747E        {18) 21P CODE


 (19) DAYTIME TELEPHONE NUMD CR linclude srea code}                                      (20) COUNTRY CODE tifnot in U.5.A.J


                                                           ECC REGISTRATION NUMBER (FRN) REQUIRED
 {21) APPLICANT (FRM)                                                                     (22) FCC USE ONLY


                         COSIPLETE SECTION C FOR EACHSERYICE, IF MORE BOXES ARE NESDED, USX CONTINUATION SHEET
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$175.90                                                                                    $175.00
 {28A) FCC CODE1                                                                    (29A) FCC CODE 2


 (238)CALL SIGNIOTHER D                             (218)PAYMENT TYPE CODE                                        {238) QUANTTY


 (26B) FEE DUE FOR(PTC)                             (278) TOTAL FEE                                                   FCC USE ONLY


(23B)FCC CODEL                                                                     (29B)FCCCODE 2


                                                                     SECTION D—CERTIFICATION
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                                 Attachment to Grant
                       IBFS File Nos. SES—MSC—20100415—00483
                                     July 13, 2010

The request of Inmarsat Hawaii Inc. (Inmarsat) for a waiver of section 25.131(J) of the
Commuission‘s rules, to permit radionavigation satellite service (RNSS) terminals to
receive transmissions over L1 and L5 GPS frequencies (1573.42—1577.42 MHz and
1166.45—1186.45 MHz, respectively) from the Wide Area Augmentation System
transmitter on the U.K. authorized Inmarsat 4F3 satellite, without obtaining a U.S.
license, IS GRANTED. This action is based upon the following findings and
conclusions:

    1. The FCC has previously received and favorably reviewed required information
       (see, e.g., 47 C.F.R. § 25.114(d)(14)) concerning the debris mitigation plans for
        the Inmarsat 4F3 satellite. See File NQ SES—MFS—20080228—00207, Exhibit D.

        The FCC has previously received and favorably reviewed, in connection with
   hJ




        requests involving different frequency bands, required information with respect to
        legal, technical, and policy aspects of access by the Inmarsat 4F3 satellite to the
        U.S. market. The findings and conclusions that formed the basis of that prior
        review are equally applicable to this request. See File Nos. IBFS File Nos. SES—
        MFS—20080228—00207, SES—AFS—20080410—00448 & SES—AFS—20080915—
        01200.

        The RNSS signals offered by this non—U.S. licensed satellite are provided
   td




        pursuant to a contract with the Federal Aviation Administration (FAA) for use in
        connection with the FAA‘s Wide Area Augmentation System, and will further the
        FAA‘s goals of improving the functionality and reliability of the Global
        Positioning System.

        The waiver is granted in connection with operations of an RNSS system that is
        compatible with other U.S. Government and U.S. non—Federal radio—
        communication systems. The Inmarsat 4F3 WAAS operations have completed
        ITU coordination with U.S. systems.

This action has been coordinated with the National Telecommunications and Information
Administration.

                                                  Filk# SES~—lasc—201004f15—00498;
                                                  Call Sign_            Grant Date
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                                         SES—MSC—20100415—00483
                             Inmarsat Hawaii Inc.




                                             .      Before the
                           FEDERAL COMMUNICATIONS COMMISSION
                                    Washington, D.C, 20554


    In the Matter of                                     )
                                                         )
    Inmarsat Hawaii Inc.                                 }
                                                         )
    Petition for Waiver of Section 25.131(j) of the      )
    Commission‘s Rules                                   )


                                         PETITIION FOR WAIVER °

                   Pursuant to Section 1.3 of the Coromission‘s rules,‘ Inmarsat Hawaii Inc.

    (Inmarsat) submits this petition for waiver of Section 25.131(}) of the Commission‘s rules" to

    permit Global Positioning System ("GPS") terrainals to receive transmissions from the Inmarsat

    4F3 ("I4FR3") spacecraft over "L1" and "L5" GPS frequencies (1573.42—1577.42 MHz and

    1166.45—1186.45 MHz, respectively) without obtaining individual licenses to do so, As detailed

below, this request is expressly subject to the Commission having separately granted United

    States "market access"in these frequencies to the I4F3 spacecraft, which operates under the

authority of the United Kingdom.

                  As discussed herein, there is "good cause" for such waiver because:

           (i)    The 14F3 spacecraft is operated under the authority of the United Kingdom, which
                  is a WTO member; thus, the Commission should efsure—as it would in the
                  market access context—that the 14F3 spacecraft is treatedin a manner similar to a
                  U,S.—licensed spacectraft;

          (ii)    The United States will retain necessary authority over the GPS operations at issue
                  by virtue of: (x) existing Commission licenses that are used to uplink data to the
                  14F3 spacecraft before those dataare transmitted from that spacecraft over the
                  "L1" and "L5" GPS frequencies;" and (y) Inmarsat‘s pending application to

I         47 C.F.R. § 1.3.
2         47 CFR. §25131(G).
*         WAAS incorporates redundancy throughout the system and uses two earth station


DC\1288696.1


                    modify the license for its Paumalu, Hawaili gateway earth station (Call Sign
                    E080059) to allow it to receive those transmissions;*
           (ii1)   Grant of a waiver would facilitate the ability of GPS users to receive from
                   Inmarsat spacecraft certain GPS—related data generated by the Federal Aviation
                   Administration‘s ("FAA") Wide Area Augmentation System ("WAAS"), and
                   thereby compute better positional accuracy than they could with standard GPS
                   data alone;

           (iv)    The Inmarsat spacecraft would merely serve as a "bent pib e," retransmitting
            |      WAAS data controlled by the FAA, pursuant to a contract with the FAA, and
                   providing greater redundancy for the larger, U.S. government—administrated GPS
                   system;

           (v)     Strict application of the licensing requirement found in Section 25.131(f) would
                   sharply limit the utility ofthese data, while imposing a‘ significant administrative
                   burden on the Commission; and

           (vi)    The Commission already has reviewed the operations of the 14F3 spacecraft, such
                   that grant of the requested waiver would not undermine the purposes for which
                   Section 25.131(J) was adopted.

    Accordingly, Inmarsat respectfully requests that the Commission grant the requested waiver on

an expedited basis.

1.         BACKGROUND

                   Inmarsat‘s WAAS Operations, Inmatrsat operates a global fleet of spacecraft that

provide mobile satellite services, including some of the most advanced commercial

communications satellites now in orbit, Examples of the users that rely on Inmarsat services for

their critical communications needs include: the U.S. military, the FAA, the Department of

Homeland Security (inciuding the Federal Emergency Management Agency (FEMA) afid the

Coast Guard), U.S. Executive Branch officials, the New York City Fire Department, CNN, ABC,




          facilities for each satellite. In this case, the twoearth station facilities are Inmarsat‘s in
          Paumalu, Hawaii and Vizada‘s in Santa Paula, California. See IBFS File No, SES—MOD—
          20091105—01418 (Inmarsat); IBFS File No. SES—MFS—20100119—00089 (Vizada).
*         See IBFS File No. SES—AFS—20100204—00162.


DC\1288696.1


    CBS, National Public Radio, the Red Cross, and nearly every major airline and shipping line

    throughout the world.

                    WAAS, administered by the FAA, provides aqugmentation data containing

    corrections for timing and posifioning errors in the GPS message from GPS and commercial bent

    pipe satellites, These data allow GPS users to compute better positional accuracy than they

— could with standard GPS data alone. The FAA has contracted Inmarsat to: (f) uplink certain

    WAAS data from Inmarsat‘s licensed earth station facility in Paumalu, Hawaii (the "Paumalu

    Gateway") to the I4F3. spacecraft, operated under the authority of the United Kingdom;" and (ii)

    use that spacecraft as—a "bent pips" to retransmit these data to the Earth for reception by GPS

 users in the "L1" and "LS5" GPS frequencies.

                    The GPS users that would receive the FAA—initiated transmissions are not

 customers of or otherwise in privity with Inmarsat, and Inmarsat itself would not control the GPS

 terminals that they operate. Inmarsat is seeking waiver of Section 25,131(j)‘s licensing

 requirement: (i) out of an abundance of caution, to facilitate the implementation of WAAS, and

 ensure that the public is able to realize the benefits of WAAS data; and (if) because Inmarsat is in

 the best position to seek such waiver, given the dispersed nature of GPS users.

                    Section 25.131(}). Since the early 1970s, the Commission generally has required

the licensing of receive—only earth stations communicating with non—U.S. spacecraft.© This

policy is reflected in Section 25.131(}) of the Commission‘s rules, which provides that "receive—




5         As noted above, Vizada is separately Hcensed to uplink similar data from its earth station
          in Santa Paula, California.
6         See Deregulation ofDomestic Receive—Only Satellite Earth Stations, 74 FCC 24 205, 218
          (1979).

DC\1288696.1


     only earth stations operating with non—U,.S. licensed space stations shall file an FCC Fomm 312

     requesting a license or modification to operate such station.""

                    In 2003, the Commission created an exception to this rule to permit unlicensed

     earth stations to receive C— and Ku—band transmissions from spacecrai’t on the Permitted List,°

| Spacecraft on the Permitted List have been approved for "market access" to the United States

     after undergoing a thorough review to ensure their proposed operations are consistent with

     Commission requirements and do not present any trade, national security, law enforcement, or

     other policy issues. The Commission created this exception to the receive—only lHcensing rule

     after finding that: (f) the process ofplacing a spacecraft on the Permitted List would have

    allowed the Commission to conduct a full analysis of the spacecraft serving the unlicensed end

    users, obviating the need to conduct that analysis in an earth Sstation Hcensing context; and (ii) the

    Commission would retain adequate jurisdiction with respect to the operations of the spacecraft.""

 Although the policies underlying the Permitted List apply with equal force here, L—band

 spacecraft are not able to be included on the Permitted List,

 L.        A WAIVER OF SECTION 25,131(J) WOULD SERVE THE PUBLIC INTEREST,
           CONVENIENCE, AND NECESSITY

                   For the reasons provided below, granting a waiver of Section 25.131(f) to permit

 end users to receive WAAS transmissions from the I4F3 spacecraft, without obtaining a receive—

only license, would serve the public interest, convenience and necessity, The Commission may




10         47 CFR §25.131(G).
8          The Cominission permitted the registration of C—band earth stations for interference
           protection purposes,
9          See Amendment ofthe Commission‘s Space Station Licensing Rules and Policies, Second
           Report and Order, 18 FCC Red 12507, at f] 20—22 (2003).
                                                     4
DCY238696.1


     waive its rules for "good cause shown.""" More specifically, the Commission may exercise its

 discrétion to waive a rule where special circumstances warrant a deviation from the general rule

 and such deviation will serve the public interest, or where the particular facts make strict

 compliance inconsistent with the public interest.‘‘ The Commission 1‘nay grant a waiver of its

 rules in a particular case if the reliefrequested would not undermine the policy objective of the

 rule in question and would otherwise serve t}}e public interes t." In addition, the Commission

 may fake into account considerations ofhardéhip, equity, or more effective implementation of

 overall policy on an individual i:asis.13

                  There is "good cause"to waive Section 25.131(j) in this case. As discussed

above, Inmérsat seeks such waiver to allow GPS users—including consumers, businesses, and

government users—to receive WAAS data from the I4F3 spacecraft, and thereby compute better

positional accuracy than they could with standard GPS data alone. At the same time, because

opsrations would be receive—only in nature, and coordinated as part of the U.S. GPS system, they

would not pose any risk of harmful interference into licensed (or unlicensed) operations.

                  Notably, the I4F3 spacecraft is operated under the au{hority of the United

Kingdom, which is a WTO member., At a minimum, then, the Comm?'ssion should give careful

consideration to the instant request for waiver, and ensure—as it would in the market access

context—that the I4F3 spacecraft is treated in a manner similar to a U.S.—licensed spacecraft."*


©         47 CBPR §1.3.                                                              .
11        Northeast Cellular Telephone Co. v. FCC, 897 F24 1164, 1166 (D.C. Cir. 1990); WFAIT
          Radio v. FCC, 418 B.2d 1153 (D.C. Cit. 1969).                 *
12        See WAIT Radio, 418 F24 at 1157.
13        Id.
14        See Amendment ofthe Commission‘s Regulatory Policies to Allow Non—U.S, Licensed
          Space Stations to Provide Domestic and International Satellite Service in the United
          States, Report and Order, 12 FCC Red 24094, at 4 21—22 (1997) (noting that "all WTO

                                                   5
DC\L283696.1


                Moreover, the I4F3 spacecraft would serve a quasi—governmental function for the

 U.S. government. The spacecraft would transmit WAAS data generated by the FAA, pursuant to

 a contract with the FAA, as part of the larger.U.S, GPS system administered by the U.S. Air

 Force, Thus, special cireummstances warrant a deviation from the genéral rule.

                Significantly, the United States will retain necessary authority over the WAAS

 transmissions at issue, by virtue of: (x) existing Commission licenses that are used to uplink the

data transmittedover the "L1" and "L5" GPS frequencies; and (y) Inmarsat‘s pending

application for separate authority to operate a fixed earth station that would receive the "L1" and

"L5" GPS frequencies, Grant of the requested waiver will not undermine the authority held by

the Commission by virtue of these licenses,

                In addition, the particular facts in this case make the strict enforcement of Section

25.131(§) inconsistent with the public interest, Notably, millions ofportable navigation devices

("PNDs®") capablé of receiving WAAS data from the I4F3 spacecraft E;m sold in the U.S. each

year—a figure that does not account for the millions ofunits already in use,"" These units are

manufactured by numerous companies, in a wide variety of configurations. Licensing these

terminals on an individual basis, or even through a series ofblanket licenses, would be highly

impractical; any attempt to do so would sharply limit the utility ofWAAS and fhe accuracy of

GPS, while imposing an enormous (and unnecessary) administrative burden on the Commission.




        Members must provide [Most—Favored—Nation] treatment to like services and service
        suppliers of all other WTO Members" and that the U.S. has undertaken "specific
        commitments with respect to market access and national treatment."); see also id. at [
        173 {subjecting non—U.8. satellite operators to the same rules as U,S satellite operators
        with respect to operations in the U.S, market).
15      See, e.g., PND Sales to Hit Wall at 48M by 2015, CEOUTLOOK (Feb. 12, 2010), available
        at http://ceoutlook.com/pnd—sales—to—hit—wall—at—48m—by—201 5/.

                                                 6
DC\288696.1


                 Finally, grant ofthe requested waiver would not undermine the purposes for

 which Section 25.131(}) was adopted. In creating the "Permitted List" exception to Section

 25.131(}) in 2003, the Commission recognized that Section 25.131(j) is intended to: (1) provide

 the Commission with a vehicle through which it may conduct a legal, technical and policy

 analysis of a non—U.S. satellite before allowing it to serve the U.S. market; and (ii) facilitate the

 Commission‘s at;ility to assert jurisdiction for enforcement purposes. In this case, the

 Commission already has granted market access for the I4F3 spacecraft, and in the course of

doing so conducted a thorough market access analysis of that spacecraft." " In addition, the

Commission has placed the 14F3 spacecraft on the ISAT List, which is functionally similar to the

Permitted List, and thereby concluded that this spacecraft meets the requirements set forth in

Section 25.137 of the Commission‘s rules with respect to its L—band operations..”
                As noted above, Inmarsat holds Commission authority ‘to uplink WAAS data to

the 14F3 spacecraft from the Paumalu Gateway, and the Cormmmission is reviewing Inmarsat‘s

application to modify the Paumalu Gateway to permit it to receive WAAS data from that

spacecraft over the same "L1" and "L5" frequencies that are the subject of this waiver request,

Therefore, the Commission has had and will have ampie opportunity to review the partiéulars of

Inmarsat‘s WAAS operations, and sufficient ability to ensure that those operations are consistent

with the Commission‘s mules.




16       See IBFS File No. SES—AFS—20080410—00448.
17      See Public Notice: Satellite Communications Services Information Re: Actions Taken,
        Report No. SES—01097 (IB Dec. 24, 2008); mmarsat, Inc, Request to Streamiline
        Licensing ofL—band Mobile—Satellite Service Terminals Using Inmarsat Satellites as
        Points ofCommunication, Order, 23 FCC Red 15268 (2008). See also 47 C.F.R.§
        25.137.


DC\1288696.1


 III,     CONCLUSION
               For the reasons set forth herein, Inmarsat respectfully requests that the

 Commission waive Section 25.131(}) of the Commission‘s rules to permit GPS terminals to

receive transmissions from the I4F3 spacecraft over "L1" and "L5" GPS frequencies (1573.42—

 1577.42 MHz and 1166.45—1186,45 MHz, respectively) without obtaining individual licenses to

do so. As detailed above, this request is expressly subject to the Commission having separately

granted United States "market access" in these frequencies to the I4F3 spacecraft, which operates

under the authority of the United Kingdom.



                                                  Respectfully submitted,



Diane Comell
                                                    fBul Lf—
                                                  Jgan P. Janka ." ~
Director                                            arrett S. Taubman
Inmarsat Hawaii Inc.                              LATHAM & WATKNS LLP
1101 Connecticut Avenue, N.W.                     555 Eleventh Street, N.W.
Suite 1200                                        Suite 1000
Washington, D.C. 20036                            Washington, D.C. 20004
Telephone: (202) 248—5155                         (202)637—2200

Christopher J, Murphy                             Counselfor Inmarsdat Hawaii Inc.
Senior Director, Government Affairs
Inmarsat, Inc.
1101 Connecticut Avenue, N.W.
Suite 1200
Washington, D.C. 20036
Telephone: (202) 248—5158




DCM288696.1



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Document Modified: 2019-04-14 02:16:37

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