Attachment Comments

Comments

COMMENT submitted by Mobile Satellite Ventures Subsidiary LLC

Comments

2007-01-22

This document pretains to SES-STA-20070110-00053 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2007011000053_547879

RECEIVED JAN 2 9 Satelite Diision Before the Intornatonal Bureau Fed*"’»&::‘:;:t‘fij’gffi‘;;‘“""‘"' FILED/ACCEPTED In the matter of JAN 2 2 2007 Futen Conmercats onmisn Application of Telenor ASA, 1B Docket No. 06—225 Sheabefestin Transferor, and Inceptum 1 AC, Transferee, for FCC Consent to Transfer Control of Licenses and Authorizations Telenor Satellite,Inc. File No. SES—8TA—20070110—00053 (Call Sign EO50276) Application for Special Temporary Authority to Operate 5000 BGAN Terminals with Inmarsat 4F2 at s2rsew ETMsc U8, L.C File No. SES—STA—20061218—02196 (Call Sign EOS0284) Application for Special Temporary Authority to Operate 5000 BGAN Terminals with Inmorsat 4F2 at s2rsew Telenor Satelite, Inc. File No. SES—LES—20050930—01352 (Call Sign EO50276) Application for Title III Blanket License File No. SES—AMD—20051111—01564 (Call Sign BO50276) to Operate 25,000 BGAN Terminals with Inmarsat 4F2 at 52.75°W FIMSC US, LLC File No. SES—LFS—20051011—01396 (Call Sign EOS0284) Application for Title III Blanket License ) File No. SES—AMD—20051118—01602 (Call Sign EO50284) to Operate 25,000 BGAN Terminals ) with Inmarsat 42 at 52.75°W ) COMMENTS OF MOBILE SATELLITE VENTURES SUBSIDIARY LLC In acting on the above—referenced transfer of control application, Mobile Satellite Ventures Subsidiary LLC (‘MSV") urges the Commission to imit the aggregate number of Broadband Global Area Network ("BGAN) terminals authorized to Telenor Satellite Inc. (‘Telenor") and FTMSC US, LLC (*FTMSC") under Special Temporary Authority ("STA") to no more than the 5000 terminals currently authorized. Indeed, all the evidence indicates that even 5000 terminals is far more than can be justified based on actual demand and serves to

reduce the need of Inmarsat Ventures Ltd. (‘Inmarsat") to comply with requirements for prior coordination of its new satellites, thus putting at risk MSV and its customers. The condition requested will help to reduce the potential for harmful interference to MSV and its customers resulting from the failure of Inmarsatto coordinate is Inmarsat 4F2 satellte. Background MST. MSV is the entity authorized by the Commission in 1989 to construct, launch, and operate a United States Mobile Satellite Service (°MSS") system in the L band.\ MSV‘s Hicensed satellite (AMSC—1) was lunched in 1995, and MSV began offering service in 1996. MSV is also the successor to TMI Communications and Company, Limited Partership ("TMI®) with respect to TMT‘s provision of L band MSS in the United States. Today, MSV offers a full range ofsatelite services, including voice and data,using both its own U.S.—licensed satellite and the Canadian—licensed L band satellit licensed to Mobile Satellte Ventures (Canada) Inc. (‘MSV Canada®), In May 2005, the Bureau licensed MSV to Iaunch and operate a replacement L band MSS satellite at 101°WIL (called "MSV—1")." BGAN $T4s. Beginning in August 2005, seven entities, including Telenor and FTMSC, filed applications for long—term TitleII authority to operate 25,000 BGAN terminals each in the United States with the uncoordinated Inmarsat—4 satellite located at 52.75°W (called "Inmarsat 4F2")MSV has opposed these applications because ofthe interference that will likely result * Order and Authorization, 4 CC Red 6041 (1989); remanded by Aeronautical Radio, Inc. v FCC, 928 F.2d 428 (D.C. Cir. 1991); FinalDecision on Remand, 7 ECC Red 266 (1992); af‘d, Aeronautical Radio,Inc. v. FCC, 983 F.2d 275 (D.C. Cir.1993); see also AMSC Subsidiary Corporation, Memorandum Opinion and Order, 8 ECC Red 4040 (1993). * See Mobile Satellite Ventures Subsidiary LLC, Order and Authorization, DA 05—1492 (May 23, 2008) (*MSV—1 Order"). * See Telenor Satellte, nc., Application for TitleIII Blanket License, File No. SES—LES— 20050930—01352 (September 30, 2005); Telenor Satellit, Inc., Amendment, File No. SES—

both to MSV and to Inmarsat from operation of this satelliand these terminals prior to a coordination agreement among the North American L band operators. The interference will result from () use of Inmarsat 4F2 to operate on the loaned frequencies Inmarsat has refused to return;" (i) the technically different parameters of Inmarsat‘s new satellite and services relative to the satellites and services it has coordinated previously, such as the use ofwideband carriers, higher aggregate EIRP, and increase in number of co—channel reuse beams;" and (ii) Inmarsat‘s laim that it is entiled to operate on each and every frequency in the L band." The Bureau has not acted on these applications. Beginning in May 2006, the Bureau has granted six STA requests,including to Telenor and FTMSC, to operate 5000 BGAN terminals each while the Bureau considers the pending applications for long—term authority." The Bureau granted the BGAN STAs subject to a number of very important and appropriate conditions that AMD—20051111—01564 (November 11, 2005); FTMSC US, LLC, Application for Title III Blanket License, File No. SES—LES—20051011—01396 (October 11, 2003); FTMSC US, LLC, Amendment, File No. SES—AMD—20081 118—01602 (November 18, 2005). * See Mobile Satellite Ventures Subsidiary LLC, Petition to Hold in Abeyance, File No. SES— MEFS—20051123—01634 (January 13, 2006) (MSF Periion‘), t 11—12; Mobile Satellite Ventures Subsidiary LLC, Reply, File No. SES—MFS—20051 123—01634 (February 7, 2006) ("MSYReply®), at 2—7. MSV hereby incorporates by reference these flings in this proceeding regarding the Telenor transfer of control application. * See MSV Petition at 13—17; MSV Reply at 7—13. * See MSV Petition at 17; MSV Reply at 13—14. " See Telenor Satelite Inc., Application for Special Temporary Authority to Operate BGAN Terminals with Inmarsat 4F2, File No. SES—STA—20060313—00430 (Call Sign ©050276) (granted with conditions on May 12, 2006); FTMSC US LLC, Application for Special Temporary Authority to Operate BGAN Terminals with Inmarsat 4F2, File No. SES—3TA—20060314—00438 (Call Sign EOS0284) (granted with conditions on May 12, 2006). On October 24, 2006, the Bureau issued FTMSC a new STA to reflect is new ownership. See FTMSC US LLC, Application for Special Temporary Authority to Operate BGAN Terminals with Inmarsat 4E2, File No. SES—STA—20061006—01820 (Call Sign EOS0284) (granted October 24, 2006). An additional entity has an application pending for an STA to operate 5000 BGAN terminals. See Horizon Mobile Communications, Inc., Application for Special Temporary Authority to Operate BGAN Terminals with Inmarsat 4F2, File No. SES—STA—200701 12—001 12 (Call Sign ©070006) (January 12, 2007).

are essential to help mitigate the harmful interference to MSV‘s customers from Inmarsar‘s uncoordinated BGAN operations." Telenor Transfer ofControl Application. On November 29, 2006, Telenor and Inceptum filed the above—referenced application to transfer Telenor‘s Commission authorizations to Inceptum. Inceptum is owned by three entiies: Apax France VI FCPR ("Apax France"), Amboise Investissement SCA ("Amboise"), and Altamir & Cie SCA ("Altamir"). The applicants explain that these three entities also own MobSat S.A.5., which owns FTMSC, in he same proportions and on the same terms as their ownership of Inceptum. Application at 7—8. Thus, as the applicants note,this transaction "will bring [Telenor] under common ultimate ownership and control with FTMSC." 14. at 12. The applicants further acknowledge that both Telenor and FTMSC hold STAs to operate BGAN terminals in the United States. . at 14. Discussion MSV urges the Commission to limit the ageregate number of BGAN terminals authorized to Telenor and FTMSC under STA to no more than 5000." Because Telenor and FTMSC will be commonly owned and controlled following consummation of the transfer, there * MSV has asked the Bureau to clarify these conditions as well as to adopt additional conditions. See, e.., Mobile Satellte Ventures Subsidiary LLC, Petition for Clarification, File No. SES— STA—20060310—00419 et al (June 12, 2006) (attaching Letter from Ms. Jennifer A. Manner, MSV, to Ms. Marlene H. Dortch, FCC, File No. SES—STA—20060310—00419 et al. (May26, 2006)); Comments of Mobile Satellite Ventures Subsidiary LLC, File No. SES—STA—20070110— 00053 (Call Sign E050276) (January 11, 2007); Comments of Mobile Satellte Ventures Subsidiary LLC, File No. SES—STA—20061218—02196 (Call Sign EO50284) (December 20, 2006). * As with all STAs, the BGAN STAs expressly contain a condition that the STA may be modified at the Bureau‘s discretion at any time without a hearing. See Telenor Satellite Inc., Application for Special Temporary Authority to Operate BGAN Terminals with Inmarsat 4F2, File No. SES—STA—20060313—00430 (Call Sign EO50276) (granted with conditions on May 12, 2006), at Condition No. 8; FTMSC US LLC, Application for Special Temporary Authority to Operate BGAN Terminals with Inmarsat 4F2, File No. SES—STA—20060314—00438 (Call Sign: £E050284) (granted with conditions on May 12, 2006), at Condition No. 8.

is no basis to authorize the combined entity to operate double the number of terminals authorized to any other entity."" Limiting the number of BGAN terminals authorized to Telenor and FTMSC will serve the publicinterest by mitigating interference to MSV and its customers. In granting the BGAN STAs, the Bureau acknowledged the potential for interference resulting from operation ofthe uncoordinated BGAN service with the uncoordinated Inmarsat 4F2 satelite by adopting certain conditions. This interference potentialincreases with the authorization of each additional BGAN terminal. Neither Telenor nor FTMSC can legitimately claim that they will be harmed ifthe Commission limits them to a combined total of 5000 BGAN terminals under STA. In fact, given the sluggish demand for BGAN service, Telenor and FTMSC cannot justify their need for authority for even 5000 BGAN terminals, let alone 10,000. As Inmarsat recently revealed, only roughly 5500 BGAN terminals have been activated worldwide in the past year."" Inmarsat has further estimated only 400 new BGAN activations across all of is distributors worldwide per month.". While Telenor and FTMSC have not revealed to the Commission the number of BGAN terminals they have activated for use in the United States, it is safe to assume that teir combined operations will not approach 5000 BGAN terminals for many years. ‘" The applicants state that the operations of Telenor and FTMSC may be combined in the future and that Commission approval will be sought at that time. Application at 14 n.11. The Commission need not wait until such a consolidation of operations occurs to adopt the condition requested herein. The consolidation of the ownership and control of the two entities is sufficient to justify limiting the combined entty to total of 5000 BGAN terminals under STA. !" See Exhibit A, attaching excerpts from Inmarsat Group Limited‘s Form 6—K filed with the SEC on November 15, 2006, available at hitps//wwwsee.gov!Archives/edgar/data/1291398/0001 19312506235898/0001 1931 25—06— 235898—indexhtm "* See Inmarsat Ventures Limited et al. Joint Reply, File No. SES—STA—20061027—01898 et al. (November 22, 2006),at1.

The authorization under existing STAs for far more BGAN terminals than Inmarsatand its distributors need for the next several years serves only to deprive Inmarsat of any incentive to satisfy its obligation to coordinate ts Inmarsat 4F2 satellte pursuant to the L band coordination process. The potential for interference to MSV and its customers resulting from the authorization of an excessive number of BGAN terminals and the ensuing impact on the L band coordination process far outweighs any illusory benefit that Telenor and FTMSC may perceive from obtaining authority to operate more BGAN terminals than they will need for many years to come. While Telenor and FTMSC each have applications pending for long—term TitleII authority to operate 25,000 BGAN terminals each, MSV sees no need for the Bureau to limit the combined entity to 25,000 BGAN terminals, provided thar the Bureau grants these applications only after L band coordination discussions are finalized and a coordination agreement is reached that addresses MSV‘s interference concerns.

Conclusion Based on the foregoing, the Commission should limit the aggregate number ofBGAN terminals authorized to Telenor and FTMSC under STA to no more than 5000. Respectfully submitted, E_1X Bruce D. Jacobs —{afa /Accnifer A. Manner David S. Konezal v|c= President, Regulatory Affairs PILLSBURY WINTHROP MOBILE SATELLITE vENTURES SHAW PITTMAN LLP sUBSIDIARY LLC 2300 N Street, NW 10802 Parkaidge Boulevard Washington, DC 20037—1128 Reston, Virginia 20191 (202) 663—3000 (703) 390—2700 Dated: January 22, 2007

Exhibit A

romex 6—K 1 dékchim FORM 6K Table of Contents SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 6—K REPORT OF FOREIGN PRIVATEISSUER Pursuant to Rule 130—16 or 150—16 of the Securities Exchange Act of 1934 September 30, 2006 ass—isss5—06 Inmarsat Group Limited (Enaet nameof Regitrant asapecifid in ts charter) Inmarsat Group Limited (ZrenslationofRegitran‘s name nto Eoglat) ~———~— RnglandandWales——— ommc (Jurisletin orincorporation or organtzation) 99 City Road, London United Kingdom, ECIY 1AX (Address orincpateaecutveoffcc) sss—r1sBe5—06 Inmarsat Finance ple (Esact mame of Registrant s apecifed in s charte) aupthowen atAsivaedptenorostotiiresomesersasn ctoromiuatnos inis n

Fomex Inmarsat Finance ple (Teanslation of Regitrents name nto Englst) England and Wates (Jurisictonotincorporatonor organization) 99 City Road, London United Kingdom, ECIY 1AX (Address orincpal xecutveoficc) sss—msscs Indicate by check mak whether the Registrant filesor wl fle annual reports under cover Form 20—F or Form 40« r. 2ef ® sor O Indicate by check mark whether the Registant is submiting the Form 6—X in paper as permitted by Regulation S— TRule 101@) (1)— Indicate by check mark whether the Registant is sibmiting the Form 6—% in paper as permitted by Regulation S— T Rule 1010) ) Indicate by check mark whether by furnishing the information contained in this Form, the registrant is lso thereby furnishing thinformation to the Commission pursuant to Rule 12g3—2(6)under the Securiies Exchange Actof 1934. Yes O No ® If"¥es" is marked, indicte below the file mamber assigned to theregistnt in connection with Rule 12¢3—20b): se hhensepvitntveistpuitao iseotoriniasecsernusim cormintaons is Ale

Tomex Table of Contents mmaRsaT GROUP LimiTED conpENsED CoNsOLmATED FINANCHAL REsULTS For the three and nine months ended September 30, 2006 (unmudited) hupeie aoucivaeteutonitiovort rtesomsernaem o oramitetaon in eas ns

Fomex Table of Contents AsstSeptember30, z0e _ (1) Active erminals are the number ofsubscribers (BGAN and R—BGAN) or terminals that have been used to access services at ny time duringthe preceding twelve—month period (oter services except hand—held) registered at September 30. Active handheld terminals ar the average number ofterminals active on a daily basis during the period. (2) Activeterminals as at September 30, 2006 include 10,388 ACeS terminals and 5,547 BGAN subscribers(os| @ at September 30, 2005; nil and nl, espectivey). The average daily active number ofhand—held SIM cards . was 14274. During the three months ended September 30, 2006, revenues from mobile sateite communication services were USS127.3 million, an increase ofUSS11.5 million, or 10%, compared with te three months ended September 30, 2008. Growth has been strong i ll sectors as aresult ofcontinued success in the newer services such as Fleet and Swit 64 and fllowing the Iunch ofBGAN in December 2005. The martime, land, seronauticl and leasing sectors accounted for 57%, 24%, 6% and 13% oftotal revenes from mobile satellte communieationserviees respectively during the three months ended September 30, 200. Active erminal numbers have increased by 12% between September 30, 2005 and September 30, 2006 through growth in the maritime and seronautical sectors lus the addition ofACeS hand—held terminals in September 2006. Maritime Sector. Duringthe thiee months ended September 30, 2006, revenues from the maritime sector were US $72.6 million, anincrease ofUSS.5 million, o89%, compared with the three months ended September 30, 2005. This principally relects an increas in dat revences. Revenues from data services in he maritime sector during the three months ended September 30, 2006 were US $47.1 million, an increase ofUS94.6 million, or 11%, compared with the three months ended September 30, 2005. The nctease in revenues from data services relects greater demand, as a result ofthe continued take—up and strong usage of our Flet services. Demand for Plct terminals hasalso been driven by growth in the global shipping flest new—build market Revenves from voiceservices in the maritime sector during the three months ended September 30, 200 were US $25.5 million, an increase ofUSS0.9 million or 496 compared with th three months ended September 30, 005. Hlistorieally our voice revenues for the martime sector have been affected by the migration ofusersfrom our higherpriced analogue service to o lower—priced digital services and to a lesser extent by competition. This has been more than offset by growth in both our newer Fleet service and various promotions we have intated to respond toincreased competition in cetain ofour established services. hepibn esoativeetputarr3)itntirasomstoncam t orimiatan in ies

roosa Table of Contents Revenesfrom BGAN services during the nine months ended September 30, 2006 are set ut i the table below. Thesefigures include voice, data and subscription revenues. As at September 30, 2006 there were 5,547 active BOAN subscribers. Three monthsended Nivemonths ended March3N Junest, Sepamier3®, September30, z00e z06 206 ame deronauticalSector. During th three months ended September 30, 2006, evenues from the acronsutieal sector were USS8.0 millon, an increase of USS2.3 millon, or 40%, compared withthe three months ended September 30, 2005. The increase continues to be atibated primarily to the Swift 64 high—speed data service, which targets the government aleraftand business jet merkets as wellas being used by commercial ailies.In addtion reventes for low—speed data services beneBted from increased industry demand. Leasing. Duringth three months ended September 30, 2006, revenues from leasing were US$16.3 millon, an increase ofUSS2.2 millon, or 16%, compared with the three months ended September 30, 2005 as a result of a new acronautical Swit 64 lease. Subsidiary revenes. Fllowing the disposal ofInvsat Limited and the business and assetsofRydex Corporation Limted in September 2005 and October 2008 respectively, subsidiary revenues were USSnilfor thethree months ended September 30, 2006, compared to US§3.0 millionin the three months ended September 30, 2005. Otfer income. Other income was USS1.9 million forthe three months ended September 30, 2006, an increase of USS0.7 millon, or 58%, compared withthe three months ended September 30, 2005 as a result othe provision ofaddiional n—orbit support services. Otherincome consists primarily oincome from the provision of conference facilties, enting surplus offce space, fees foi—orbit support services and revenve from sales ofR BGAN end userterminals. Seasonalip. Revenues are impacted by valume discountsthat increase over the course ofthe financia year "There are lower discount levels in early quarters representing the minimum annual discount and higher discount levels n ater quarters, as distribation parters meet specifivolume thresholds, resulting in lower prices beyand the level of the minimum annual discount. Additonally,in 2006 and fiture years, the total amovunt ofvalume discounts will be affected by the merger ofXantic B.V. with Strtos Global Corporation which serves to increase the amount ofreventes atibated to single distribution partner a hophssiAniveedputao9on isiasousooisn ciorivaom is ade

CERTIFICATE OF SERVICE 1, Sylvia A. Davis,a secretary with the law firm of Pilsbury Winthrop Shaw Pittman LLP, hereby certify that on this 22nd day ofJanuary 2007, I served a true copy of the foregoing by first—class United States mail, postage prepaid, upon the following: David Krech* Car Grayert International Bureau International Buresu Federal Communications Commission Federal Communications Commission 445 12® Street, SW. 445 12® Street, S.W. Washington, DC 20554 Washington, DC 20554 JoAnn Lucanik® Erin MeGrath® International Bureau Wircless Bureau Federal Communi ions Commission Federal Communieations Commission 445 12® Street, S.W. 445 12® Street, S.W. Washington, DC 20554 Washington, DC 20554 Douglas Young* Neil Dellar® Office ofEngineering and Technology Office ofGeneral Counse! Federal Communications Commission Federal Communications Commission 445 12® Street, SW. 445 12° Street, S.W. Washington, DC 20554 Washington, DC 20554 Robert Nelson* John Martin® International Bureau Interational Bureau Federal Communications Commission Federal Communications Commission 445 12" Streeu, SW. 445 12° Street, S.W. Washington, DC 20554 Washington, DC 20554 Kathym Medley® Stephen Doall® International Bureau International Bureau Federal Communications Commission Federal Communications Commission 445 12® Street, S.W. 445 12® Street, S.W. Washington, DC 20554 Washington, DC 20554 Best Copy and Printing, Ic.* Bruce H. Turmbll fec@ bepicweb.com David J.Taylor Well, Gotshal & Manges LLP 1300 Eye Street, NW, Suite 900 Washington, DC 20008 Counsel for FTMSC US, LLC Robert W. Swanson Naney Victory Telenor Satelite nc. Wiley Rein & Fielding LLP 1101 Wootion Parkway 1776 K Street NW 10° Floor Washington, DC 20006 Rockille, MD 20852 Counsel for Telenor Satelite Inc.

Peter Robrbach DianeJ. Comell Karis Hastings ‘Vice President, Govemmment Affairs Hogan & Hartson LLP HInmarsat, Ic. 555 13" Street, NW 1100 Wilson Blvd, Suite 1425 Washington, DC 20004 Arlington, VA 22209 Counselfor Iceptum 1 AS Jobn P.Janka Jeffiey A. Marks Latham & Watkins LLP 555 Eleventh Street, NW. Sute 1000 Washington, DC 20004 Counsel for Inmarsat A. Davis *Via electronic mail


Document Created: 2007-01-31 12:38:49
Document Modified: 2007-01-31 12:38:49
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