Attachment Response

Response

RESPONSE TO REPLY COMMENTS submitted by SkyWave Mobile Communications, Corp.

Response

2006-02-17

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

IBFS_SESSTA2005122201788_485525

STEPTOE &JOHNSON«@ atrorneys at taw Alted M. Mamit 130 Connecticu Avenve. NY zorsmeaos Washingron. DC 20036705 amaniet@septoccom Ter2024293000 Faczora203002 steproccom February 17, 2006 connisinn py nanp peurvery lneieliemrniennt Ms. Marlene H. Dortch RECEIVED Secretary Federal Communications Commission Fes 2 2 2006 445 12th Street, S.W. Washington, D.C. 20554 Satelte Dvision Intomational Buroau Res Sky Wave Mobile Communications, Corp. SkyWave Mobile Communications, Inc. File Nos, SES—STA—20051222—01788, ITC—STA—20060121—00028 Dear Ms. Dortch: On behalf of SkyWave Mobile Communications, Corp. and Sky Wave Mobile Communications,Inc. (collectively "SkyWae") thisletteis being submitted in response to condition 3 of the above—referenced special temporary authorizations ("STAs") issued by the International Bureau ("the Bureau). SkyWave‘s STAs are limited to the Inmarsat D+ service, This service is a non—voice, packet—data service with message sizes limited to 84 bits in the "return"(terminal—to—satellite) direction and 2000 bits in the "forward" (satelite—to—terminal) direction. The maximum data rate is 128 bits per second. Since the Inmarsat D+ service is confined to small messages at a low data rate, this service uses very litle spectrum. On the Inmarsat 4F2, SkyWave uses only one "forward" 2.5 kHz channel and six "return"2.5 kHz channels Inmarsat D+ is used for tracking and monitoring applications. SkyWave‘s customers encompass a wide range of U.S. customers, including the U.S. military, Federal Government, Federal law enforeement and private sector end—users. The Inmarsat D+ serviceis used bythese entites 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(e.2.. energy facilities) to ensure that they are functioning properly. Distuption of the servicecould jeopardize the success ofcrtical lawenforcement and homeland security applications of the Inmarsat D+ service and endanger the security and safe operation of assets held by SkyWave‘s private sector clients. wasimeton + new vork + rwornix +. tos anories + tonpon + srussELS

Mariene H. Dortch February17, 2006 Page 2 Condition 3 of the STAs requires SkyWave to submit to the Bureau by February 17, 2006 a report containing two items:(1) an analysis of "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" disputed spectrum‘ be terminated (we refer to this reporting obligation as the "Inmarsat Operations Analysis®); and (2) a list of end users that operate in the disputed spectrum under the STA and a list ofend users that operate under the STA in frequencies other than the disputed spectrum, but who would still be potentially affected ifaccess to the disputed spectrum were terminated (we refer to this reporting obligation as "SkyWave Customer Information®) With respect to the Inmarsat Operations Analysis, concurrently with this submission, SkyWave understands that Inmarsat is submitting to the Commission a report which addresses the Bureau‘s inquiries as to the effect thatterminating access tothe disputed spectrum would have on existing Inmarsat operations. With respect to the SkyWave Customer Information, SkyWave advises the Bureau that the Inmarsat D+ service on the Inmarsat 4F2 satelie is not using any of the disputed spectrum. To the extent that Inmarsats access to the disputed spectrum were terminated, however, Inmarsat would need to reevaluate its entire frequency plan, and decide which services would get less spectrum. It is not possible to reduce the spectrum SkyWave uses for the D+ service without compromising the reliability and effectiveness ofthe service. Sincethere is only one forward channel, ifi is eliminated, the service cannot function. Ifa retur channel used by SkyWaveis eliminated, it would significantly increase the eall—blockage probabilty equally for all of SkyWave‘s U.S. customers using the Inmarsat 4F2. As a result, messages from the Inmarsat D+ METs may never reach their intended destination. This would compromise the ability of SkyWave‘s customers to accurately track or monitor assets orto receive eritical messages about the condition of sensitive facilies. This service degradation could compromise applications for the military, homeland security and law enforeement agencies, and other users of the service. If Inmarsat were to conclude thatit was necessary to reduce the number of dedicated channels for the Inmarsat D+ service, his loss of channels would affectall of SkyWave‘s customers operating in the United States. As SkyWave previously disclosed to the Bureau in its STA requests, SkyWave‘s Inmarsat D+ U.S. military and government customers include the Department of Defense Counter—Narcoterrorism TechnologyProgram Office, the Naval Surface Warfare Centre, Department of ! Sky Waveuses the neutral term, "disputed spectrum,"in discussing certain bandwidth segments made available for Inmarsats use "as part ofthe Revised 1999 Spectrum Sharing Arrangement (October 4, 1999), or later as bilateral arrangements between Inmarsat and MSV and Inmarsat and MSV Canada," which are now the subject of a dispute with MSV and MSV Canada. See STA at File No. SES—STA—20051222—01788 at Condition 3 (Jan. 18, 2006).

Marlene H. Dortch February 17, 2006 Page3 Homeland Security and the DEA. SkyWave‘sprivate sector customers include Teletouch, Optec and Global Secure Cargo, which use the Inmarsat D service to track and monitor sensitive assets (e.2., trucks and shipping containers) and facilities (eg., energyfaciites) throughout the country.* Please contact the undersigned if you would like to discuss this submission or would like additional information on all or part of SkyWave‘s U.S. customer base (even though none ofthe Inmarsat D+ service is in the disputed spectrum). Respectfully submitted, LOXE Alfred M. Mamlet Mare A. Paul Counsel for StyWave Mobile Communications Corp and SkyWave Mobile Communications, Inc ce(by hand delivery): Roderick Porter (Intemnational Bureau) Robert Nelson (International Bureau) Gardner Foster(Intemational Bureau) James Ball (International Bureau) Andrea Kelly (International Bureau) Cassandra Thomas (International Bureau) Howard Gribof® (International Bureau) Scott Kotler (International Bureau) Karl Kensinger (International Bureau) Fem Jarmulnck (Intemational Burcau) Stephen Duall (International Bureau) John Martin (International Bureau) JoAnn Elcblad (Intemational Bureau) BruceJacobs (Counsel for MSV)— by fist class mail * See Declaration of Ani Tourian at4 5—8 (Attachment B of the STA Request in File No. SES— STA—20051222—01788) (incorporated herein by reference).


Document Created: 2006-03-02 13:04:19
Document Modified: 2006-03-02 13:04:19
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