Attachment STA grant

This document pretains to SES-STA-20051222-01788 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2005122201788_476611

E030055 SESSTA-2005122201188 18200500297: SkyWave Mobile Communications, Corp. Approved by OMB 3060-0678 APPLICATION FOR EARTH STATION SPECIAL TEMPORARY AUTHORITY APPLICANT TNFORMATIONEnter a description of this application to identify it on the main menu: 60 Day STA for E030055 to Allow Transition of Inmarsat D+ Service to New Inmarsat 4F2 Satellite 1. Applicant Name: SkyWave Mobile Phone Number: 6 138364844 Communications, Corp. I DBA Name: Street: 30 Edgewater Street Suite 110 Fax Number: E-Mail: 6 138361088 ani.tourian@skywave.com Ottawa I City: Country: State: Zipcode: Attention: Ms.Ani Tourian 1

SkyWave Communications, Inc. IBFS File No. SES-STA-20051222-01788 The request of SkyWave Mobile Communications, Corp. (SkyWave) for special temporary authority (STA) IS GRANTED. Accordingly, SkyWave is authorized from January 18,2006 to March 19,2006 td continue operations on the Inmarsat 4F2 satellite using mobile earth terminals (METs) previously authorized under call sign E030055 to communicate with the Inmarsat 3F4 satellite in accordance with the terms, conditions, and technical specifications set forth in the Commission’s rules and this document. 1. Neither the aggregate uplink EIRF’ densities in the direction of any other L-band satellite serving the United States, nor the downlink EIRP densities at any geographical point within the United States, shall be increased as a result of continuance on the Inmarsat 4F2 satellite of operations previously authorized on the Inmarsat 3F4 satellite. 2. Operations on the Inmarsat 4F2 satellite shall be on an unprotected basis. SkyWave shall not claim protection from, and is required to accept interference from, other lawfully operating satellites or radiocommunication systems. 3. No later than February 17,2006 a report must be submitted addressing whether, given the increased capacity of the Inmarsat 4F2 satellite relative to the Inmarsat 3F4 satellite, there would be any discontinuance of, or degradation of the reliability of, existing operations should access to the “loaned” spectrum be terminated. In the event that the report asserts that such discontinuation or degradation may occur, the report must include a detailed, quantitative explanation of the basis of this assertion. Any such explanation must also include a list of the end-users, including any U.S. government end-users, using METs that may operate in the “loaned” spectrum under this STA, a point of contact (name and telephone number) for each such end-user, and the number of METs associated with each such end-user. Any such explanation, to the extent that it claims that termination of operations on the “loaned” spectrum would degrade service on other frequencies, musfi include a list of the potentially affected end-users, including any U.S. government end-users, using METs operating under this STA, a point of contact (name and telephone number) for each such end- user, and the number of METs associated with each such end-user. Should the U.S. government users not authorize disclosure of frequencies or services used on the “loaned” spectrum, the report must include a point of contact (name and telephone number) for the associated end-user who can verify the government’s use. For purposes of this condition, “loaned” spectrum is defined as those bandwidth segments that were loaned to Inmarsat by MSV and MSV Canada, either as part of the Revised 1999 Spectrum Sharing Arrangement (October 4, 1999), or later as bilateral arrangements between Inmarsat and MSV and Inmarsat and MSV Canada. 4. Any action taken or expense incurred as a result of operations pursuant to this special temporary authority is solely at SkyWave’s own risk. 5 . The grant of this STA is not based on a finding that Inmarsat’s L-band operations are consistent with operation on a non-interference basis. 6. The grant of this STA is without prejudice to any future determination that the Commission may make as to whether Inmarsat’s L-band operations are consistent with operation on a non-interference basis. 7. This STA may be terminated or modified at the International Bureau’s discretion, without a hearing, if conditions warrant. 1

SkyWave Communications, Inc. IBFS File No. SES-STA-20051222-01788 8. SkyWave must notify its customers in writing no later than February 17, 2006 that operations on the Inmarsat 4F2 satellite are pursuant to a 60-day grant of special temporary authority that may be terminated or modified at any time. 9. Authority granted in this STA is without prejudice to the disposition of the underlying modification applications in IBFS File Nos. SES-MFS-20051202-01665, SES-MFS-20051122-01614, SES-MFS- 20051 122-01615, SES-MFS-20051122-01616, SES-MFS-20051122-01617, SES-MFS-20051122- 01618, SES-MFS-20051123-01626, SES-MFS-20051123-01627, SES-MFS-20051123-01629, SES- MFS-20051123-01630, and SES-MFS-20051207-01709. 10. This grant is issued pursuant to Section 0.261 of the Commission’s rules on delegated authority, 47 C.F.R. § 0.261, and is effective immediately. 11. SkyWave is afforded thirty days from the date of release of this action to decline this special temporary authorization as conditioned. Failure to respond within this period will constitute formal acceptance of the special temporary authorization as conditioned. 2

E030055 SESSTA-20051222-01788 18200500297: SkyWave Mobile Communications, Corp. Approved by OMB 3060-0678 I APPLICATION FOR EARTH STATION SPECIAL TEMPORARY AUTHORITY APPLICANT INFORMATTONEnter a description of this application to identify it on the main menu: 60 Day STA for E030055 to Allow Transition of Inmarsat D+ Service to New Inmarsat 4F2 Satellite 1 1. Applicant I Name: SkyWave Mobile Phone Number: 6138364844 Communications, Corp. DBA Name: Fax Number: 6138361088 Street: 30 Edgewater Street Suite 110 E-Mail: ani.tourian@skywave.corn Ottawa City: State: Country: Zipcode: Attention: Ms. Ani Tourian 1

1. Contact Name: Alfred Mamlet Phone Number: 202-429-6205 Company: Steptoe & Johnson, LLP Fax Number: 202-429-3902 Street: 1330 Connecticut Ave., NW E-Mail: amamlet@steptoe.com City: Washington State: DC Country: USA Zipcode: 20036 -1795 Attention: Relationship: Legal Counsel 'If your application is related to an application filed with the Commission, enter either the file number or the IB Submission ID of the related ipplication. Please enter only one.) 3. Reference File Number SESMFS2005 12070 1709 or Submission ID 4a. Is a fee submitted with this application? IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). 0 Governmental Entity 0 Noncommercial educational licensee 0 Other(p1ease explain): lb. Fee Classification CGB - Mobile Satellite Earth Stations i.Type Request Use Prior to Grant 0 Change Station Location 0 Other i. Requested Use Prior Date 0 1/13/2006 1. City 8. Latitude (ddmm ss.s h) 0 0 0.0 2

9. Statc 10. Longitude (ddmm ss.s h) 0 0 0.0 11. Please supply any need attachments. Attachment 1: STA Description Attachment 2: Tourian Declaration Attachment 3: Cert. of Service 12. Description. (If the complete description does not appear in this box, please go to the end of the form to view it in its entirety.) SkyWave Mobile Communications, Corp. ('SkyWave') requests special temporary authority to allow for the transition of the Inmarsat D+ service currently provided by the Inmarsat 3 satellite at 54 W.L. to the new Inmarsat 4F2 satellite at 52.75 W.L. Please see the attached narrative application f o r further detail. 14. Name of Person Signing 15. Title of Person Signing Ani Tourian Vice President of Finance and Administration 3

FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT The public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the required data, and completing and reviewing the collection of information. If you have any comments on this burden estimate, or how we can improve the collection and reduce the burden it causes you, please write to the Federal Communications Commission, AMD-PERM, Paperwork Reduction Project (3060-0678), Washington, DC 20554. We will also accept your comments regarding the Paperwork Reduction Act aspects of this collection via the Internet if you send them to jboley@fcc.gov. PLEASE DO NOT SEND COMPLETED FORMS TO THIS ADDRESS. Remember -You are not required to respond to a collection of information sponsored by the Federal government, and the government may not conduct or sponsor this collection, unless it displays a currently valid OMB control number or if we fail to provide you with this notice. This collection has been assigned an OMB control number of 3060-0678. THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, PUBLIC LAW 104-13, OCTOBER 1,1995,44 U.S.C. SECTION 3507. 4

Sky Wave Mobile Communications, Corp. STA Request Attachment A DESCRIPTION OF STA REQUEST By this application, SkyWave Mobile Communications, Corp. ("SkyWave") requests grant by January 13,2006 of special temporary authority ('ISTAI') for sixty (60) days to allow SkyWave to maintain existing services to its currently licensed Inmarsat D+ terminals (call-sign E030055) with the recently launched fourth-generation lnmarsat satellite to be located at 52.75" W.L. ("Inmarsat 4F2"). SkyWave is not asking to offer any new service. SkyWave merely wants to continue to provide the lnmarsat D+ service, which has been licensed for almost two years and is used by the Department of Defense, the Department of Homeland Security, Naval Surface Warfare Centre, the Drug Enforcement Agency ('IDEA'') and important private sector customers. SkyWave recently filed a modification application (File No. SES-MFS- 2005 1207-01709) for call-sign E030055 in order to add the lnmarsat 4F2 as a point of communication. Sky Wave hereby incorporates by reference that modification application and its technical details and material for purposes of this STA request. The SkyWave modification application was placed on public notice on December 2 1, 2005. On December 8, 2005, Mobile Satellite Ventures Subsidiary LLC ("MSV") filed aNotice of Intent to Participate, and in addition, it filed a Motion to designate the proceeding as "permit-but-disclose." See MSV Notice of Intent to Participate (Dec. 8, 2005); Motion to Designate Proceedings As "Permit-But- Disclose" (Dec. 8, 2005). Since January 2004, SkyWave has been licensed by the FCC to provide Inmarsat D+ services domestically in the United States.' As set forth in the attached Declaration of Ani Tourian, Vice President of Finance and Administration for SkyWave, Sky Wave's customers for lnmarsat services encompass a wide range of U.S. customers, including the U.S. military, Federal Government, Federal law enforcement and private sector end-users. See Declaration of Ani Tourian at 115-8 (Attachment B). U S . military users include: Department of Defense Counter-Narcoterrorism Technology Program Office and the Naval Surface Warfare Centre. See Declaration of Ani Tourian at 7 6. Federal Government users include: Department of Homeland Security and the DEA SeeDeclaration of Ani Tourian at 'I[ 7. U.S. private sector customers include: Teletouch, Optec and Global Secure Cargo. SeeDeclaration of Ani Tourian at 7 8. As set forth in File No. SES-MFS-2005 1207-01709, the Inmarsat 4F2 is licensed by the United Kingdom and will be located at the 52.75" W.E. orbital location. It was launched on November 8,2005. As set forth in File No. SES-MFS-20051207-01709, grant of the modification application is in the public interest, is consistent with the ORBIT Act2 and satisfies 1 SeePubkcAbfice,Report No. SES-00573 (rel. Jan. 28,2004). See47 U.S.C. tj 761 etseq,

the Commission's D!SCU//~tandard.~Absent authority to communicate with the lnmarsat 4F2, SkyWave will not be able to continue to provide the lnmarsat D+ service, licensed under call- sign E030055, to its existing or future customers because the D+ service will be migrated from the third generation Inmarsat satellite currently at 54" W.L. to the lnmarsat 4F2 satellite at 52.75" W.L. lnmarsat is scheduled to migrate these services to the Inmarsat 4F2 on January 15, 2006. SkyWave has been informed by lnmarsat that maintaining this schedule is necessary because the Inmarsat 3 satellite currently at 54" W.L. needs to be moved to 142" W.L. where it will replace a second generation Inmarsat satellite, which is running out of fuel and needs to be decommissioned shortly. This second generation satellite at 142" W.L. is currently providing essential Inmarsat lease services to the U.S. Navy and U.S. Coast Guard. SeeDeclaration of Ani Tourian at fi 4. An untimely migration of the "existing and evolved services" from the third generation Inmarsat satellite to the new Inmarsat 4F2 satellite would jeopardize the continuity of these essential services currently being provided by the second generation satellite at the 142" W.L. orbital location. Since the current the SkyWave modification application was just placed on public notice and MSV has already indicated its intent to participate in this application proceeding, SkyWave believes that it is unlikely that the International Bureau will be able to act on the modification application in advance of the scheduled Januar 15, 2006 migration of the Inmarsat 2 D+ service to the new lnmarsat 4F2 satellite at 52.75" W.L. Accordingly, SkyWave is requesting this STA to ensure that there is no disruption of service to SkyWave existing Inmarsat D+ customers when Inmarsat migrates the services to the new satellite. Grant of this STA request is in the public interest. As set forth above, the lnmarsat services provided by SkyWave are used not only by private industry, but also by the U.S. military and Federal Government. The Inmarsat services are used by these entities to track the location and behavior of assets like trucks or boats or other movable assets, and to monitor the status and condition of facilities to ensure they are functioning properly. SeeDeclaration of Ani Tourian at fil 5-8. Grant of this STA request will ensure that these end-users do not experience any disruption to the lnmarsat services they currently use and rely on. Disruption of these services could jeopardize the success of these critical law enforcement and homeland security applications and endanger the security and safe operation of assets held by SkyWave's private sector clients. See Declaration of Ani Tourian at 79, The lnmarsat D+ service which currently is being provided over the lnmarsat satellite at 54" W.L. can and will be provided over the lnmarsat 4F2 at 52.75" W.L. without adversely affecting the interference environment that exists today with respect to other operating See Amendment of the Commz2sion 2 Pokes to Ahow Non-US:LicemedSpace Stations Pruvz&g Domestic and/nternatzunalSe~zce z h the Unz2edStates, 12 FCC Rcd 24 094 (1 997) ("D!3iCo!r). 4 In all likelihood, SkyWave and MSV will be in the middle of the pleading cycle for the Sky Wave modification application. -2-

L-Band spacecraft. Specifically, (i) the EIRP spectral density of the proposed carriers on the Inmarsat 4F2 will be no greater than the EIRP spectral density of the same services provided today over the Inmarsat satellite at 54" W.L., (ii) the out-of-band emissions from the Inmarsat 4F2 carriers will not exceed the limits of §25.202(f) ( l ) , (2) and (3), and (iii) no greater protection from interference into the Inmarsat 4F2 spacecraft or the Inmarsat mobile earth terminals, beyond the level of protection that exists today, is sought. In sum, during the term of this STA, these services can and will be provided on Inmarsat 4F2 within the technical envelope pursuant to which these services are currently provided on the third generation Inmarsat satellite currently located at 54" W.L. SkyWave understands that grant of this requested STA will be without prejudice to, and will be conditioned on, the Bureau's action on the underlying modification application (File No. SES-MFS-20051207-01709) to modify call-sign E030055 to add the lnmarsat 4F2 as an authorized point of communication. For the reasons set forth above, SkyWave respectfully requests that this STA be granted no later than January 13, 20065 for sixty (60) days. 5 January 13,2006 is the last business day before the planned January 15, 2006 cut-over to the Inmarsat 4F2 satellite of the "existing and evolved'' services. -5-

12/22/2685 12:32 16138361888 SKYWAVE MOBILE PAGE @2/86 PECLARATION OF ANI TOURbiN I, Ani Tourian, hereby deciare as fobllows: 1. T am Vice President of Finance and Administration for SkyWave Mobile Communiations, Corp. ("SkyWave"). 2. SkyWave cwrently holds a license From the FCC to operate Inmarsat I)-t terminals in the United States. As set forth in this license, the Inmarsat D+ terminals are permitted to communicatewith a third generation Inmarsat satellite currently located at 54" W.L. 3. SkyWave recently submitted applications to the FCC to modi@ its license in order to add as a new point of communication, a recently launched fourth generation lnmarsat satellite ("the Inmarsat 4F2v)to be 1ocated at 52.75"W.L. 4. It is my understanding that the Inmarsat 4P2 satellite will replace the third generation b a r s a t satellite located at 5 4 W.L., and this third generation satellitewill be moved by lnmarsat to 142O W,L+,where it will replace a second generation lmaxsat satellite that is being decommissioned. It is my understanding that Inmarsat lease services are cumntly provided over the second generation Imaxsat satellite at 142" W.L. to the U S Navy and Coast Guard. 5. SkyWave provides Imarsat services to a wide range 0fU.S. military, fderal government, and private sector end-usms in the United States. 6. The U S . military uses the lnmlvsat D+ service provided by SkyWave for homeland security and d e f a e . Some of SkyWave's U.S. military customers using the Inmarsat services include: the Department o f D e h s e Counter-Narwtmorism Technology

SKYWAVE MOBILE PAGE 83186 Program o f f i c e , the Naval Surface Warfare Centre and various other related departments and agencies. 7. The Federal Government uses the Inmarsat r)c senice provided by SkyWave for covert tracking applications. Some of SkyWave’s federal govmment ntmornm of the hmarsat ID+ senvice include: the Drug Enforcement Agency and the Bepartmmt of Homeland security. 8. The private sector, including land transpart, security, and utilities, use the Inmarsat D+ sexvice provided by SkyWave in order to provide asset security and management tools to e~lsuccthat assets are functioning properly, SkyWave’s US.private sector customers of the Imarsat D+ service include: Telctouch, Optec and Global Secure Cargo. 9. SkyWave’s Inmarsat I)+ service ate u s d in law enforcement and homeland security applications relied on by the U.S. govnnment and any disruption ofthc service could jeopanlize the success of thmc critical applications. Further, disruption of SkyWave’s Inmarsat D+ senice: codd endanger the security and safe operation of assets held by SkyWave’s private sector clients. I, Ani Touritin, hereby declare under penalty of perjury under the laws of the United States that the foregoing i s true and correct to the best of my knowledge, information and belief. Ani Tourian Vice President of Finance and Administxition SkyWave Mobile Communications, Corp. Executed on December 20,2005. -2-

CERTIFICATE OF SERVICE I, Brendan Kasper, an attorney with the law firmof Steptoe & Johnson LLP, hereby certify that on this 22nd day of December, 2005, sewed a true copy of the foregoing “STA Request,” by first class mail, postage pre-paid (or as otherwise indicated) upon the following: James Ball* Andrea Kelly* International Bureau Lnternational Bureau Federal Communications Commission Federal Communications Commission a5 12‘~ Street, S.W. Washington, DC 20554 I Cassandra Thomas* Scott Kotler* International Bureau International Bureau Federal Communications Commission 145 I 2‘h Street, S.W. Washington, DC 20554 Karl Kensinger* International Bureau Federal Communications Commission 445 12* Street, S.W. Washington, DC 20554 i Fern JarmuInek* John Martin* i I International Bureau International Bureau j Fedcral Communications Commission Federal Communications Commission ’ 445 121h Street, S.W. 445 IP’Street, S.W. 1 Washington, DC 20554 Washington, DC 20554 1 i j Stephen Dual]* Jennifer A. Manner I International Bureau Federal Communications Commission 445 12IhStreet, S.W. Vice President, Regulatory Affairs Mobile Satellite Ventures Subsidiary LLC 1002 Park Ridge Boulevard Washington, DC 20554 Reston, Virginia 201 91 ! Robert Nelson* Bruce D. Jacobs** i International Bureau David S . Konczaf , Federal Communications Commission Pillsbury Winthrop Shaw Pittman LLP i 445 12” Street, S.W. 2300 N Street, N.W. Washington, DC 20554 Washington, DC 20037- 1 128 1

1 JoAnn Ekblad* i John P. Janka* 1 II j International Bureau 1 Federal Communications Commission ! 445 1 2 ‘ ~ Street, S.W. I Jeffrey A. Marks Latham & Watkins LLP i 555 Eleventh Street. ?I.! ,% Suite’1000 I, I ! 1 Washington, DC 20554 I i Washington, D.C. 20004 I II * by electronic mail ** by Hand Delivery and electronic mail I -2-


Document Created: 2006-01-19 12:16:53
Document Modified: 2006-01-19 12:16:53
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