ࡱ> GIFU@ L1bjbj %@O"%4hhh8$Y%"$$$$$$$$&Ra(v$000$%v$v$v$0$v$0$v$*v$$$ 00Th#R$$)%0Y%$(&$:($dd@Hd@($8uv$ !$$ h`$hBefore the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In the Matter of ) ) TELENOR SATELLITE, INC. ) File Nos. SES-STA-20051216-01756 ) SES-STA-20051216-01757 For Special Temporary Authority to ) SES-STA-20051216-01758 Access the Inmarsat 4F2 Satellite ) SES-STA-20051217-01759 To: International Bureau REPLY COMMENTS OF TELENOR SATELLITE, INC. Telenor Satellite, Inc. (Telenor) hereby submits its reply to the comments filed on December 28, 2005 by Mobile Satellite Ventures Subsidiary LLC (MSV) regarding the above-captioned applications. Those applications seek special temporary authority to allow the earth stations at Telenors Southbury, CT teleport (call signs KA312 KA313, WA28 and WB36) to communicate with the Inmarsat 4F2 satellite at 52.75 W.L. beginning on or about January 15, 2006, when Inmarsat is scheduled to migrate existing and evolved services from the Inmarsat 3F4 satellite currently located at 54 W.L. Each of Telenors Southbury earth stations is currently authorized to access the Inmarsat 3F4 (among other satellites), and Telenor has modification applications pending for each of these earth stations to allow communications with Inmarsat 4F2 for the purpose of providing existing and evolved services. Because of MSVs opposition, however, those applications cannot be granted before the scheduled service migration date. Accordingly, STAs are needed to assure continuity of service for Telenors many customers who now receive service via Inmarsat 3F4. As discussed more fully below, those customers include the Office of the President, the U.S. Navy, the U.S. Coast Guard, the U.S. Air Force, the National Guard, the Department of State and the Department of Homeland Security, as well as commercial shipping, fishing and media companies. As stated in our STA requests, Inmarsat has informed Telenor that it is critical to migrate existing and evolved services to Inmarsat 4F2 on or about January 15 because Inmarsat 3F4 needs to be moved to 142 W.L., where it will replace an Inmarsat 2 satellite that is running out of fuel and will be decommissioned shortly. An untimely migration of the existing and evolved services from Inmarsat 3F4 to Inmarsat 4F2 would jeopardize the continuity of the essential services being provided at the 142 W.L. orbital location -- including, among others, services provided to the U.S. Navy and other U.S. government entities. Significantly, the services that are the subject of these STAs will be provided on Inmarsat 4F2 over the same frequencies that are used on Inmarsat 3F4 today. Moreover, they will employ EIRP spectral densities that are no greater than those used today, and will be offered in a manner consistent with the technical operating parameters established in 1992 under which Inmarsat has successfully coexisted with MSV for years without causing harmful interference. MSVs comments state that MSV does not oppose grant of the STAs if, among other things, a more detailed justification is provided. MSV at 1. In part, such a justification would have to come from Inmarsat, and we understand that Inmarsat will in fact be providing additional detail regarding its operational plans in its own reply comments in this proceeding. However, to the extent MSV contends that Telenor has not provided sufficient detail about the services that would be disrupted if the STAs were not granted, that contention is baseless. As stated in our STA applications, the services to be transitioned from Inmarsat 3F4 to Inmarsat 4F2 include Inmarsat B, Inmarsat C, Inmarsat Mini-M and Aero Mini-M, GAN, Aero-H and H+, Aero-I, and Swift. Each of those services is currently used by Telenors customers to meet critical telecommunications needs via Inmarsat 3F4, and each of those services will continue to be needed after the scheduled service migration date. Telenor provides Inmarsat B services to the U.S. Navy and U.S. Coast Guard, as well as to commercial shipping companies, to support communications to and from ships at sea. In addition, Telenor provides Inmarsat B services to the U.S. State Department at American embassies worldwide. Telenor also furnishes Inmarsat B services to the Department of Homeland Security and the National Guard, which use them to support anti-terrorist, disaster recovery and other activities. Telenors Inmarsat C services support GMDSS, the Global Marine Distress and Safety System. These services also aid in tracking fishing fleets in U.S. territorial waters and commercial shipping approaching the U.S. coastline. Telenors Mini-M, Aero-M and GAN services are used by every branch of the U.S. military in support of training and deployment to Iraq, Afghanistan and around the world. These services are also used by the State Department, DHS and the National Guard, as well as by news organizations covering events in Iraq, Afghanistan and elsewhere. Telenors Aero-I service is used by the Air Mobility Command, which is the Air Force component of the U.S. Transportation Command. Telenors Aero-H and H+ services, as well as Swift services, are used aboard U.S. Presidential aircraft, including Air Force One, both by government officials and by journalists covering the President. Aero-H and Swift services are also used by the 89th Air Wing to support the Administration, Congress and flag officers of the different services. In addition, these services are used to support the U.S. militarys Commanders in Chief (CINCs) and other classified airborne assets. Disruption of any of these services would be costly, and in many cases service interruption would have an adverse effect on vital national interests. Moreover, grant of these STAs will not prejudice the Bureaus consideration of Telenors underlying modification applications, and will not cause harm to any other party, including MSV. Accordingly, grant of these STAs will serve the public interest, convenience and necessity, and any suggestion that Telenor has not met the requisite public interest standard for STAs is entirely without merit. In addition to seeking more detailed justification, MSV asks that these STAs be subject to numerous conditions, all of which are designed to give MSV a leg up in the ongoing coordination dispute between itself and Inmarsat. MSV at 1-2. Indeed, leg up is putting it mildly; one of the conditions would effectively force Inmarsat to conclude a coordination agreement with MSV by June 30, 2006, while giving MSV no incentive to negotiate reasonably. Clearly, this is unacceptable. The Commission is expected to be an advocate for MSV in the coordination context, but it has repeatedly recognized that it would be a violation of this countrys WTO obligations if that advocacy were to carry over into a licensing proceeding. The conditions that MSV seeks to impose on Inmarsat and its service providers are far more onerous than the ones the Commission imposed on MSV last year when it authorized the launch and operation of two new L-band spacecraft without requiring the completion of a coordination agreement. The only relevant condition imposed then was the requirement to operate on a non-harmful interference basis, and that is the only condition that should apply here. For the foregoing reasons, the Bureau should reject MSVs arguments and grant Telenors STA applications in time to allow the transition of existing and evolved services from Inmarsat 3F4 to Inmarsat 4F2, subject only to the condition that service be provided on a non-harmful interference basis. Respectfully submitted, TELENOR SATELLITE, INC. ___________________________ Keith H. Fagan Its Attorney 1101 Wootton Parkway 10th Floor Rockville, MD 20852 301-838-7860 January 6, 2006 CERTIFICATE OF SERVICE I, Keith H. Fagan, hereby certify that on this 6th day of January 2006, I caused a true copy of the foregoing Reply Comments to be served by first-class mail, postage prepaid, upon the following: Jennifer A. Manner Vice President, Regulatory Affairs Mobile Satellite Ventures Subsidiary LLC 10802 Parkridge Boulevard Reston, VA 20191 Bruce D. Jacobs David S. Konczal Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, NW Washington, DC 20037 Counsel for MSV Alfred M. Mamlet Steptoe & Johnson LLP 1330 Connecticut Avenue, NW Washington, DC 20036 Counsel for Stratos, Skywave and Satamatics John P. Janka Jeffrey A. Marks Latham & Watkins LLP 555 Eleventh Street, NW Suite 1000 Washington, DC 20004 Counsel for Inmarsat Diane J. Cornell Vice President, Government Affairs Inmarsat, Inc. 1100 Wilson Boulevard Suite 1425 Arlington, VA 22209 ______________________________ Keith H. Fagan  MSVs comments, like its prior filings relating to the Inmarsat 4F2, rely in large part on confidential information that has not been provided to Telenor. We previously filed a Motion to Strike in which we pointed out that we simply cannot respond fully to MSVs arguments unless we have access to that confidential information. We have not filed such a motion in this proceeding in order to facilitate expeditious consideration of our STA requests. However, we continue to believe that the Bureau should not rely on any confidential information in reaching its decision in this proceeding.  Those applications have been given File Nos. SES-MFS-20051123-01626, SES-MFS-20051123-01627, SES-MFS-20051123-01629 and SES-MFS-20051123-01630. In this regard, it should be noted that Telenor does not seek to provide new services such as BGAN pursuant to these STAs.  MSVs arguments relating to so-called loaned spectrum are replete with redactions (see MSV at 4-5) and Telenor cannot respond effectively without knowing the full extent of those arguments. However, it is undisputed that MSV would not suffer any harmful interference to its existing operations if Telenor and the other Inmarsat service providers were allowed to provide existing and evolved services on Inmarsat 4F2 pursuant to these STAs using the same frequencies and technical envelope as that employed on Inmarsat 3F4. In contrast, service to existing customers would clearly be disrupted if Inmarsat and its service providers were not allowed to use the same frequencies on Inmarsat 4F2 that they use on Inmarsat 3F4. Accordingly, the Bureau should not grant MSVs request to limit the operation of Inmarsat 4F2 to frequencies that are not in dispute. MSV at 1.     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