Attachment GRANT

This document pretains to SES-STA-20060310-00419 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2006031000419_499889

                                                                                                              Approved by OMB
                                                                                                                     3060—0678

                             APPLICATION FOR EARTH STATION SPECIAL TEMPORARY AUTHORITY



APPLICANT INFORMATIONEnter a description of this application to identify it on the main menu:
 Request for Special Temporary Authority (STA) to operate up to 5,000 BGAN Mobile Earth Terminals with Inmarsat‘s fourth—
generation satellite (Inmarsat 4F2).
 1. Applicant


            Name:        Stratos Communications, Inc.     Phone Number:                301—214—8800

            DBA Name:                                     Fax Number:                  301—214—8801
            Street:      6901 Rockledge Drive Suite 900   E—Mail:


            City:        Bethesda                         State:                       MD
            Country:     USA                              Zipcode:                     20817       —
            Attention:   Legal Department




                                                          =bpu0
                                                                     _




    International Rure


                                     Stratos Communications, Inc.
                               IBFS File No. SES—STA—20060310—00419

The request of Stratos Communications, Inc. (Stratos) for special temporary authority (STA) IS
GRANTED. Accordingly, Stratos is authorized for a period of 60 days, ending July 11, 2006, to operate
up to 5,000 Broadband Global Area Network (BGAN) mobile earth terminals (MET‘s) using the Inmarsat
4F2, in accordance with the terms, conditions, and technical specifications set forth in the Commission‘s
rules and this document.

1.   Neither the aggregate uplink EIRP 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, above the levels previously authorized in connection with operations using the
     Inmarsat 3F4 satellite, as a result of the operations authorized by this STA.

     Operations on the Inmarsat 4F2 satellite shall be on an unprotected basis. Stratos shall not claim
     protection from, and is required to accept interference from, other lawfully operating satellites or
     radiocommunication systems.

     Operations are permitted on those frequencies previously used for authorized U.S. MET operations on
     the Inmarsat 3F4 satellite, except that operations are not permitted on certain frequencies, made
     available to Inmarsat by MSV USA and MSV Canada as part of the operator—to—operator coordination
     process, the use of whichis currently an issue pending in connection with Stratos‘s request for regular
     authority.

     Adequate guard bands shall be provided between the band edges of the carriers used by Stratos and
     the band edges of MSV*‘s operations in order to preclude the possibility of unacceptable interference
     to MSV*‘s operations.

     Any action taken or expense incurred as a result of operations pursuant to this special temporary
     authority is solely at Stratos‘s own risk.

     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.

     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.

     This STA may be terminated or modified at the International Bureau‘s discretion, without a hearing, if
     conditions warrant.

     Stratos must notify each customer, in writing and prior to initiation of service, that BGAN operations
     on the Inmarsat 4F2 satellite are pursuant to a grant of special temporary authority that may be
     terminated or modified at any time.

10. Authority granted in this STA is without prejudice to the disposition of any related applications for
    regular authority.

11. 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.


                                    Stratos Communications, Inc.
                              IBFS File No. SES—STA—20060310—00419

12. Stratos 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. Contact


             Name:         Alfred Mamlet                       Phone Number:                        202—429—6205
             Company:      Steptoe & Johnson LLP               Fax Number:                          202—429—3902
             Street:       1330 Connecticut Ave. N.W.          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
application. Please enter only one.)
 3. Reference File Number SESLFS2005082601175 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).
«y Governmental Entity       g*3 Noncommercial educational licensee
y Other(please explain):

4b. Fee Classification    CGB — Mobile Satellite Earth Stations

5. Type Request


 g&y Use Prior to Grant                           «y Change Station Location                        @4 Other



6. Requested Use Prior Date
      04/17/2006

7. City                                                                   8. Latitude
                                                                          (dd mm ss.s h)    0   0   0.0


9. State                                                                   10. Longitude
                                                                           (dd mm ss.s h)    0   0    0.0
11. Please supply any need attachments.
Attachment 1: Description                         Attachment 2: COS                                  Attachment 3:


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.)
     Request for Special Temporary Authority (STA)                          to operate up to 5,000 BGAN Mobile Earth
     Terminals with Inmarsat‘s fourth—generation satellite(Inmarsat 4F2) .




13. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is               Yes        e No
subject to a denial of Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti—Drug Act
of 1988, 21 U.S.C. Section 862, because of a conviction for possession or distribution of a controlled substance.
See 47 CFR 1.2002(b) for the meaning of "party to the application" for these purposes.


14. Name of Person Signing                                                 15. Title of Person Signing
   Paul Kugelman                                                              Assistant Secretary

           WILLEFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT
                   (U.S. Code, Title 18, Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION
                    (U.S. Code, Title 47, Section 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503).


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1, 1995, 44 U.S.C. SECTION 3507.


                                                                     Stratos Communications, Inc.
                                                                                      STA Request
                                                                                     Attachment A

                             DESCRIPTION OF STA REQUEST


               Pursuant to Section 25.120 of the Commussion‘s rules, 47 C.F.R. § 25.120, Stratos

Communications, Inc. ("Stratos") seeks special temporary authority ("STA") for 60 days to

allow Stratos to provide Inmarsat‘s Broadband Global Area Network ("BGAN") service using up

to 5,000 mobile earth terminals ("MET‘s") operating in the L—band in conjunction with the

Inmarsat 4F2 satellite located at the 52.75° W.L. orbital location. Temporary authority to

provide the BGAN service using these MET‘s and this satellite will allow Stratos to offer

Inmarsat‘s BGAN service in the United States while the International Bureau ("Bureau")

considers the underlying BGAN application previously filed by Stratos.

I.     BACKGROUND

               On August 26, 2005, Stratos filed an application ("Stratos BGAN Application")

for a blanket license to operate 20,000 MET‘s with Inmarsat‘s BGAN service (File Nos. SES—

LFS—20050826—01175, SES—AMD—20050922—01313, SES—AMD—20051117—01590).‘ Stratos

hereby incorporates by reference that application and its technical details and material for

purposes of this STA request." On October 28, 2005, Mobile Satellite Ventures LLC ("MSV")




       ‘ Stratos has also filed an application for authority under Section 214 of the
Communications Act to offer the BGAN service in the United States. See File No. ITC—214—
20050826—00351. Concurrently with this STA application, Stratos is also filing an application
for STA under title II to offer the BGAN service in the United States.

       * Stratos also incorporates by reference all ownership information and certifications
provided in the original Stratos BGAN Application.


filed a Petition to Hold in Abeyance or to Grant with Conditions® to which Stratos has

responded."

              In the Stratos BGAN Application, Stratos proposes to offer Inmarsat BGAN

services to U.S. consumers through four different BGAN MET‘s: NERA PUT manufactured by

NERA, AddValue PUT manufactured by AddValue, T&T Lite manufactured by Thrane and

Thrane, and HNS Briefcase manufactured by Hughes Network Systems. Each offers a different

combination of size and data transmission capability, and all comply with the Commission‘s

Rules for operation in the L—band." Stratos plans to operate its METs with Inmarsat‘s fourth

generation satellite, the Inmarsat 4F2, which is located at 52.75° W.L.

               Stratos expects to be able to provide the BGAN service over the Inmarsat 4F2 by

April 17, 2006. In the event that the Bureau is unable to complete its review of that application

by April, Stratos respectfully requests an STA to provide the BGAN service in the United States

as soon as it becomes available.

               For the same reasons set forth in the Stratos BGAN Application, grant of this

STA is consistent with the ORBIT Act° and satisfies the Commission‘s DISCO II standard."




       ‘ MSV Petition to Hold in Abeyance or To Grant with Conditions (Oct. 28, 2005).

       * Stratos Communications, Inc., Opposition to MSV Petition To Hold in Abeyance or To
Grant with Conditions (Nov. 10, 2005).

       ° File Nos. SES—LFS—20050826—01175, Attachment 4.

       © 47 U.S.C. § 761 et seq.
        ‘ See Amendment ofthe Commission‘s Policies to Allow Non—U.S. Licensed Space
Stations providing Domestic and International Service in the United State, 12 FCC Red 24094
(1997) ("DISCO II").


.      PUBLIC INTEREST

               Grant of this STA request is in the public interest because it will allow U.S.

consumers, including the U.S. military and public safety community in particular, to access

faster, more flexible, and more robust satellite broadband services. These satellite broadband

services will likely prove invaluable when the next natural disaster or terrorist attack occurs.

               The Stratos BGAN service will offer U.S. consumers with Internet Protocol

packet—switched data and circuit—switched applications at speeds up to 492 Kbps. BGAN will

provide U.S. customers broadband access to email, local area networks, the Internet,

intranet/extranets, video conferencing services, video—on—demand, and voice communications

from almost anywhere in the world." BGAN operates at eight times the speed of the fastest

mobile services available in the U.S. (Inmarsat GAN), and 100 times faster than MSV‘s services.

BGAN service is currently available in Europe, Africa, Asia and the Middle East." Prompt

Commussion grant of this request would allow U.S. subscribers to enjoy the same advanced

mobile satellite services as the rest of the world, instead of operating at a fraction of the speed.

               BGAN is needed as soon as possible by the U.S. military and the public safety

community, which is seeking improved data speeds in the event of a large—scale natural disaster

or terrorist attack. The recent natural disasters associated with hurricanes Katrina, Rita and

Wilma in the Gulf of Mexico region demonstrate an urgent need for the BGAN offering and

approval of this STA request. In the aftermath of these hurricanes, the current Stratos/Inmarsat

services were used by FEMA, the National Guard, the U.S. Army, state and local governments,

law enforcement personnel and the petroleum industry to facilitate voice communications and

       ° File Nos. SES—LFS—20050826—01175, Attachment 4 at 2.

       ° Inmarsat Announces Launch of BGAN Service, Inmarsat website, available at
http://about.inmarsat.com/news/000 18831 .aspx?language=EN&textonly=False.


Internet access in the absence of terrestrial networks.‘" While the existing Inmarsat services

played a vital role in the recovery efforts, the data transmission speeds of these existing services

relied on in the Gulf, and throughout the United States, do not match the high speed terrestrial

networks people have come to expect. Prompt grant of this STA will ensure that the higher data

speeds offered by BGAN will be available when the next natural disaster or terrorist attack takes

place. Indeed, hurricane season begins this year on June 1st."‘ Accordingly, grant of this STA

by April 17" will allow government "First Responders" and private industry users time to obtain

and deploy BGAN terminals, familiarize themselves with those terminals, as well as the BGAN

services and features, so that BGAN can have an immediate impact on any advance preparations

or recovery effort that becomes necessary. Such extraordinary circumstances justify grant of this

requested STA.

                 BGAN service is already available in Europe, Africa, Asia and the Middle East.

Without the requested STA, U.S. consumers will have to sit idly by while companies and

individuals around the world take advantage of this improved satellite broadband service. While

it is impossible to predict the harm that may be caused to U.S. customers as a result of this

disparity, the benefit of equality of service is clear. U.S. customers will be able to subscribe to

Stratos‘s BGAN service in the United States and use it around the world. Similarly, individuals

that already use BGAN in other parts of the world will be able to operate their equipment in the

United States.

                 The Inmarsat 4F2 satellite located at 52.75° W.L., which will be used to provide

the BGAN service, can be operated in a manner that will cause no greater potential for

        ‘° See, e.g., Declaration of Robert J. Roe (VP of Sales for Stratos) at [« 10—11 (in File No.
SES—STA—20051216—01769) (Dec. 16, 2005).

        ! See http://www.noaanews.noaa.gov/stories2005/s2540.htm.


interference than Inmarsat‘s former satellite located at 54° W.L., Inmarsat 3. In many ways,

Inmarsat 4F2 is more "interference friendly" than Inmarsat 3 because Inmarsat 4F2 has narrower

spot beams with steeper antenna side lobes to reduce interference into adjacent areas, and it has

higher gain spot beams to allow the use of terminals that radiate less than one—tenth the power of

the Inmarsat data terminals currently used in the United States. In sum, BGAN service will be

provided on Inmarsat 4F2 in a manner that will not adversely affect the current interference

environment.

               Stratos understands that grant of this requested STA will be without prejudice to

and will be conditioned on, the Bureau‘s action on the underlying application (File Nos. SES—

LFS—20050826—01175, SES—AMD—20050922—01313, SES—AMD—20051117—01590) for a blanket

license to operate its 20,000 MET‘s with Inmarsat‘s BGAN service.

               For the reasons set forth above, Stratos respectfully requests that this STA be

granted no later than April 17, 2006 for 60 days.


                                         Non—Stream lined    ITC—STA—20060310—00149
                                                             1B20086000665
                                         Sstratos Communications, Inc.




                                                                         Stratos Communications, Inc.
                                                                                        STA Request
                                                                                       Attachment A

                                  TSCR [PTION     OF STA RF QUEST

                  By this application, Stratos Communications, Inc. ("Stratos") seeks Speciai

temporary authority ("STA") for 60 days to allow Stratos to sell Inmarsat‘s Broadband Global

Area Network ("BGAN®") service provided over the Inmarsat 4F2 satellite located at the 52.75°

W.L. orbital\ location. Temperary authority to provide the BGAN service using this satellite will

allow Stratos to offer Inmarsat‘s BGAN service in the United States while the International

Bureau ("Bureau") considers the underlying BGAN Section 214 application previously filed by

Stratos.


I.         BACKGROUND

                  On August 26, 2005, Stratos filed an application ("Stratos BGAN 214

Application") for Section 214 authority to provide thé BGAN service via the Inmarsat 4F2

satellite (File No. ITC—214—20050826—00351).‘ In the Stratos BGAN 214 Application, Stratos

proposes to offer Inmarsat BGAN services originating and terminating in the United States and

abroad. Stratos hereby incorporates by reference that application for purposes of this STA

request." On October 28, 2005, Mobile Satellite Ventures LLC ("MSV") filed a Petition to Hold

in Abeyance or to Grant with Conditions® to which Stratos has responded.*



       ‘ Stratos has also filed an application for blanket license authority to operate 20,000
mobile earth terminals ("METs") using Inmarsat‘s BGAN service. See File Nos. SES—LFS—
20050826—01175, SES—AMD—20050922—01313, SES—AMD—20051117—01590. Concurrently with
this STA application, Stratos is also filing an application for STA under title III to operate MET‘s
with the BGAN service in the United States.

       * Stratos also incorporates by reference all ownership information and certifications
provided in the original Stratos BGAN 214 Application.

           ‘ MSV Petition to Hold in Abeyance or To Grant with Conditions (Oct. 28, 2005).



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Document Modified: 2019-05-24 20:04:56

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