Attachment deeresta

This document pretains to SES-STA-20010112-00046 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2001011200046_198211

Federal Communications Commission Washington, DC 20554 International Bureau March 2, 2001 Ms. Helen E. Disenhaus Ms. Ruth Pritchard—Kelly Swidier Berfin Shereif Friedman LLP 3000 K Street NW, Suite 300 Washington, D.C. 20007—51 16 Re: SES—STA—20010112—00046 March 1, 2001 Deas Ms. ~Dis¢nhws and Pritchard—Kelly: This letter coricems your January 12, 2001 request on behalf of Deere & Company {(Deere) for Special Temporary Authority ("STA")to permit Deere‘s Starfire*" receive—only sarth stations to receive communications from the Inmarsat HF2 satellite, pending Commission consideration of Deere‘s application (SES—LIC—20010112—0051) requesting permanent authority. The Degre STA request was placed on public notice on January 18. Motient Services, Inc. (Motient) filed a Petition to Detly. Deere and MarineSat Communications Network, Inc. d/b/a Stratos Communications epposed Motient‘s petition. You orally requested the International Buréau to inform you by January 31 what action would be taken on the STA request in view of outstanding contractual arrangements Deere now has with Matient for receiving satellite services, On that j date,the Buréali orally informed you that it would not grant the STA, This letter constitutes a formal deniat of your request, The Commission‘s rules provide for grant of STAs for operation of earth stations "u*pon a finding thet there are extraordinary circumstances requiring temporary operations in the public interest". 47 C.F.R. 25.120(b). The rules further provide that "convenience to the applicantsuch as marketing considerations of meeting scheduled customer in—service dates, will not be deemed sufficient for this purpose." 47 C.F.R, § 25.120(b). In addition, the Open—Market Réorganization for the Betterment of International Telecommunications Act ("the ORBIT Act") requires that the Commission, in considering applications or requests for use of Inmarsat in the United States, determine whether Inmarsat has been privatized consistent with the ORBIT Act‘s requirements. Pub. L, 106—180; 114 Stat. 48, §601(b)(2000). See also §§ 621, 624. d

The Commission is currently reviewing. Inmarsat‘s privatization pursusnt to the aDR.BlT Act in the contextof several applications filed prior to the Deere application. Deere is now offering services vig Starfire*"! earth stations in the United States using the Motient satellite system, While Deete desires use of Inmarsat insteadof Motient, it has not demonstrated the existence of extraordinaty circumstances justifying a STA, particularly in view of the requiremients of the ORBIT Act, Accordingly, Deere & Company‘s request for special temporary authority is DENIED: Sipgerely, \V’Kw—w & % Thomas S. Tycz — 5 Chief : Satellite and Radiocommunication Division.


Document Created: 2001-03-08 10:52:34
Document Modified: 2001-03-08 10:52:34
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