Attachment Opposition

Opposition

OPPOSITION submitted by Inmarsat Ventures Limited

Opposition

0000-00-00

This document pretains to SES-STA-20070716-00944 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2007071600944_590928

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the matter of ) ) iPass, Inc. ) File No. SES—STA—20070716—00944 (Call Sign EO70144) OPPOSITION Inmarsat Ventures Limited ("Inmarsat") opposes the Petition to Deny filed by MSV in this proceeding, in which iPass, Inc. ("iPass") seeks special temporary authority ("STA") to provide Broadband Global Area Network (BGAN) service over the Inmarsat—4 satellite at 53° W.L. In its Petition to Deny, MSV raises nothing new and fails to provide a valid basis not to grant STA or for imposing new and unnecessary conditions. For the reasons set forth below, the Commission should grant the STA to allow iPass to provide BGAN service without delay. L. GRANT OF STA WOULD SERVE THE PUBLIC INTEREST As an initial matter, grant of STA is consistent with Commission policy due to the likely delay in processing the iPass underlying application for "full" authority to provide BGAN service.‘ In its order adopting the current STA rules, the Commission expressly found that it would consider STA requests "[wlhen an application cannot be routinely granted within sixty days."" In doing so, the Commission specifically explained that its STA policy allows action on "non—routine applications,"" such as this (when action cannot be expected in 60 days). All _ Amendment ofPart 25 ofthe Commission‘s Rules and Regulations, 6 FCC Red 2806, 2810, «[ 27 (1991). ’ ‘ 1d. 3 1Id. at 2810, 127 & n.69. DC\M1O22616.1

previous applications for "full" licenses to provide BGAN service have remained pending for more than the time period when routine processing could be expected. It therefore is reasonable for iPass to anticipate that its own underlying application may be subject to similar delay and to seek STA, as it has done here. This circumstance, on its own, warrants grant of the STA. STA is further warranted due to the dramatic advancement in MSS communications capabilities that BGAN represents for U.S. local, state and federal government users, relief organizations, and commercial enterprises alike. BGAN provides voice and broadband service at speeds of almost half a megabit per second, and uses highly portable and easily deployed "notebook sized" user terminals that are one—third the price, size and weight of those previously available for use on the Inmarsat system. In addition to its advanced capabilities, BGAN also is easier to set up and to use, addressing one of the major concerns related to the deployment of other satellite services in emergency scenarios." After plugging a BGAN antenna into any laptop computer with a standard USB cable (or using a Bluetooth or Wi— Fi connection), mobile users of all types can have immediate voice and data connectivity. Moreover, BGAN‘s use of IP technology makes possible greater flexibility and operability than ever before. When combined with other information technology advances, BGAN‘s small, lightweight terminals provide a highly portable communications link to support both individual first responders and mobile command posts. In addition, because it provides interoperable connectivity with other IP—based technologies, BGAN supports new technology— based solutions that address the pressing problem of first responder interoperability. For example, a BGAN terminal connected to a portable cell phone tower would quickly re—establish See Independent Panel Reviewing the Impact ofHurricane Katrina on Communications Networks, Report and Recommendations to the Federal Communications Commission at 10 (June 12, 2006). DC\MIO22616.1

communications among first responders over their terrestrial wireless communications devices while the terrestrial network is being restored. Similar solutions have been developed to support remote access to land mobile radios when terrestrial infrastructures are disrupted. In contrast to the substantial public interest benefits in authorizing provision of BGAN service, MSV has failed to show any countervailing harms to grant of the iPass application. Most significantly, in the many months in which BGAN service has been provided to the United States by various licensees, there has been no adverse effect on the interference environment. MSV does not dispute this." Thus, the Commission should grant STA without delay. L. ADDITIONAL STA CONDITIONS ARE NOT WARRANTED In its Petition to Deny, MSV repeats its requests from earlier proceedings that the Commission impose conditions on the iPass BGAN STA beyond those applied to current BGAN STAs held by other providers.© Specifically, MSV asks the Commission to: (i) adopt conditions sought in MSV‘s May 26, 2006 Ex Parte Presentation; and (ii) limit BGAN terminal use to only a subset of emergency responders. These requests are baseless and should not be granted. Because these issues have been fully briefed," and in the interest of conserving Commission resources, Inmarsat incorporates earlier pleadings by reference for inclusion in the record here. Contrary to MSV‘s suggestion, Petition to Deny at 3, the fact that other providers currently have authority to offer BGAN service does not provide a valid basis for precluding consumers from having iPass available as an additional avenue for obtaining BGAN‘s valuable capabilities. 6 See, e.g., Stratos Communications, Inc., IB File No. SES—STA—20060310—00419 (granted May 12, 2006). ! See, e. g., Joint Opposition, File Nos. SES—STA—20060310—00419 et al. (filed June 19, 2006); Joint Letter from Inmarsat et al. to Marlene Dortch, File No. SES—LFS—20050826—01175, et al. (filed Dec. 6, 2006); see also Joint Letter from Inmarsat et al. to Marlene H. Dortch, FCC, DC\IO22616.1

* kok o# For the reasons discussed above and in earlier pleadings, the Commission should grant the iPass application without delay, subject only to the conditions pursuant to which other STA—holders currently offer BGAN service. Respectfully submitted, Diane J. Cornell JofnBJJanka | Vice President, Government Affairs Jeffrey A. Marks INMARSAT, INC. LATHAM & WATKINS LLP 1101 Connecticut Avenue NW 555 Eleventh Street, N.W. Suite 1200 Suite 1000 Washington, DC 20036 Washington, D.C. 20004 Telephone: (202) 248—5155 Telephone: (202) 637—2200 Counselfor Inmarsat Ventures Limited September 5, 2007 File Nos. SES—MFS—20051122—01614 et al. (Jul. 6, 2006); Joint Letter from Inmarsat et al. to Marlene H. Dortch, FCC, File Nos. SES—MFS—20051122—01614 et al. (Jul. 6, 2006). DC\1O22616.1

CERTIFICATE OF SERVICE I, Jeffrey A. Marks, hereby certify that on this 5th day of September, 2007, I caused to be served a true copy of the foregoing by first class mail, postage pre—paid (or as otherwise indicated) upon the following: James Ball * Stephen Duall* 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 JoAnn Ekblad* Chip Fleming* 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 Gardner Foster* Howard Griboff* 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 Fern Jarmulnek* Andrea Kelly* 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 Karl Kensinger* Scott Kotler*® 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 Robert Nelson* Roderick Porter* 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 DC\UO22616.1

Cassandra Thomas* Jennifer A. Manner International Bureau Vice President, Regulatory Affairs Federal Communications Commission Mobile Satellite Ventures Subsidiary LLC 445 12¢" Street, S.W. 1002 Park Ridge Boulevard Washington, DC 20554 Reston, Virginia 20191 Bruce D. Jacobs Bruce Posey Tony Lin Brad Jones Pillsbury Winthrop Shaw Pittman LLP iPass, Inc. 2300 N Street, N.W. 3800 Bridge Parkway Washington, DC 20037—1128 Redwood Shores, CA 94065 Ipol. i *Viq Electronic Mail JfffreyA. Marks DC\MO22616.1


Document Created: 2007-09-07 11:22:16
Document Modified: 2007-09-07 11:22:16
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