Attachment Comment

Comment

COMMENT submitted by MSV

Comment

2007-09-11

This document pretains to SES-STA-20070905-01239 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2007090501239_591884

                                         Before the
                            Federal Communications Commission
                                  Washington, D.C. 20554



In the matter of




                                                      vvv
SkyWave Mobile Communications,                              SES—STA—20070907—01250 (Call Sign EO30055)




                                      \/vvvvvvvvvvvvvv
Inc.

Stratos Communications, Inc.                                SES—STA—20070907—01245   (Call   Sign EO00180)
                                                            SES—STA—20070907—01246   (Call   Sign EO10047)
                                                            SES—STA—20070907—01247   (Call   Sign EO10048)
                                                            SES—STA—20070907—01248   (Call   Sign EO10049)
                                                            SES—STA—20070907—01249   (Call   Sign EO10050)

Telenor Satellite Inc.                                      SES—STA—20070905—01239   (Call   Sign EO0O0285)
                                                            SES—STA—20070905—01234   (Call   Sign EO0O0283)
                                                            SES—STA—20070905—01233   (Call   Sign EO00282)
                                                            SES—STA—20070905—01236   (Call   Sign EO00280)
                                                            SES—STA—20070905—01237 (Call Sign KA313)
                                                             SES—STA—20070905—01235 (Call Sign EO00284)
                                                             SES—STA—20070905—01238 (Call Sign WB36)


         COMMENTS OF MOBILE SATELLITE VENTURES SUBSIDIARY LLC


        Mobile Satellite Ventures Subsidiary LLC ("MSV") hereby files these Comments on the

above—referenced applications filed by SkyWave Mobile Communications, Inc. ("SkyWave"),

Stratos Communications, Inc. ("Stratos"), and Telenor Satellite Inc. ("Telenor") for another 60—

day renewal of existing grants of Special Temporary Authority ("STA") to operate earlier—

generation mobile earth terminals ("MET‘s") using the uncoordinated Inmarsat 4F2 satellite at

 52.75° W.L. For the reasons discussed in the attached Comments filed on January 3, 2007 in

response to a request for a new STA to operate earlier—generation MET‘s with the uncoordinated

 Inmarsat 4F2 satellite, MSV urges the Bureau to continue to apply the conditions imposed on the

 original STA grants for earlier—generation services as well as to (i) immediately require Inmarsat




 400636752_1.D0C


to return the loaned frequencies and (ii) establish a firm expiration date for these STAs without

Inmarsat having completed coordination of the Inmarsat 4F2 satellite with the United States.

                                     Respectfully submitted,




       /az [
 Bruce{b Ja‘/oép{
                                                         Joouban Al Mn y
                                                    L{?A{lferA Manner
 Tony Lin                                             1ce President, Regulatory Affairs
 PILLSBURY WINTHROP                                 MOBILE SATELLITE VENTURES
        SHAW PITTMAN LLP                                    SUBSIDIARY LLC
 2300 N Street, NW                                  10802 Parkridge Boulevard
 Washington, DC 20037—1128                          Reston, Virginia 20191
 (202) 663—8000                                     (703) 390—2700

Dated: September 11, 2007


ATTACHMENT


                                                                     —_             RECEIPT copy
                                              ~ Before the                           F”"ED/ACCEPTED
                                  Federal Communications Commission                    JAN —3 2007
                                        Washington, D.C. 20554                          |   —
                                                                                    Federal Communicatio
                                                                                                        ns Commission
 In the matter of                                                                         Office of the Secretary

 Satamatics, Inc.                              File No. ‘SES-STA-20061221-02209. (Céll Sign EO20074)



             COMMENTS OF MOBILE SATELLITE VENTURES SUBSIDIARY LLC

            Mobile Satellite Ventures Subsidiary LLC ("MSV*") hereby files these Comments on the

 above—referenced application filed by Satamatics, Inc. ("Satamatics") for a new grant of Special

 Temporary Authority ("STA") to operatg' eaflief-gcneration mqbile eafih terminals using fhe

_ uncoordinated Inmarsat 4F2 satellite at 52.75° W.L. ("Inmarsat 4F2”).l Satamatics requests that

 thé new STA grant reflect its new owfiership_that resulted from an unauthorizéd transfer of

 control in October 2006. MSV urges the Bureau to continue to apply the conditions imposed on

 the original STA grant for eaflier-generation services provided by Satamatics over Inmarsat 4F2

  as well as to (i) immediately terminate Satamatic‘s exisfing STA if this STA request is g_ranted;_

~_(ii) immediately require Inmarsat to return the loéned frequencies; and (i11) establiéh a firm

  expiration date for this STA withqfit Inmarsat héving co_fnpleted coordination of the Inmarsat

  4F2 satellite with the United States.

  |          As an initial matter, the Bureau' should make clear that, if this STA is granted, Satamatics

  will be authorized to operate a total of 25,000 Inmarsat D+ terminalson a temporary basis, and

  that Satamatics is not aufhoxized to operate pursuant to this"new" STA grant as well as its

  previous STA grant for a total of 50,000 Inmarsat D+ terminals. Accordingly, if this STA |




      ‘ See Satamatics, Inc., Request for Special Temporary Authority, File No. SES—STA—20061221—02209
      (Call Sign £020074) (fi\'fled December 21, 2006) ("Satamatiecs Application").


 request is granted, the Bureau should immediately terminate theprevious STA granted to

 S'atamatics.

         Inmarsat continues to refuse to return‘ certain L band frequencies that were coordinated

 under the 1999 Spectrum Sharing Arrangement ("SSA") for MSV and MSV Canada, which

 loaned them temporarily to Inmarsat, and which ‘Inmarsat has fefused to retur_n.2 Critically,

 Inmarsat‘s refu_sal to return the loaned frequencies blocks MSV from deploying new, bandwidth—

 intensive services on its present systém, including important public safety services. Public safety .

 officials have informed the-Commi_ssion‘that the}; are particularly prejudicéd by Inmarsat‘s

 steadfést refusal to return the 1oaned fréquepcies.3 Among other things, public séfety users have

 expressed concern to the Commission that Inmarsat‘s refusal to return the loaned frequencies

 will impede the critical services MSV offers today to public saféfy users. The Commonwealth of

 Kentucky‘s Division of Emergency Management, an MSVV user, has informéd the Commission

 that the loaned frequencies are "required for MSV to develop new and innovative service for




  * The Bureau has defined these frequencies as "loaned" and described them as "those bandwidth segments
  that were loaned to Inmarsat by MSV and [Mobile Satellite Ventures (Canada) Inc.], 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." See, e.g., Telenor STA Grant, File No.
  SES—STA—20060118—00055 et al (January 18, 2006), at «[ 3.
  * See Letter from MlSSlSSlppl Senator Merle Flowers to Chairman Kevin J. Martin, FCC, File No. SES—
  LFS—20050826—01175 et al (May 24, 2006) ("MSV needs L band spectrum it loaned to Inmarsat to be _
  returned . . . ."); Letter from Bolivar County (MS) Emergency Management Agency to Chairman Kevin J.
  Martin, FCC, File No. SES—LFS—20050826—01175 et al (May 24, 2006); Letter from City of Orlando
  Emergency Management to Chairman Kevin J. Martin, FCC, File No. SES—LFS—20050826—01175 et al
  (May 24, 2006); Letter from Collier (FL) County Government to Chairman Kevin J. Martin, FCC, File
  No. SES—LFS—20050826—01175 et al (May 26, 2006); Letter from Alliance to Save Florida‘s Trauma Care
  to Chairman Kevin J. Martin, FCC, File No. SES—LFS—20050826—01175.et al (May 24, 2006);.Letter from
  Hernando County (FL) Emergency Management to Chairman Kevin J. Martin, FCC, File No. SES—LFS—
  20050826—01175 et al (June 12, 2006); Letter from Sheriff Bob Holder, Comal County (TX) Sheriff‘s
  Office, to Chairman Kevin J. Martin, File No. SES—LFS—20050826—01175 et al (September 22, 2006);
  Letter from Kendell Poole, Director of Tennessee Governor‘s Office of Highway Safety, to Chairman
  Kevin J. Martin, File No. SES—LFS—20050826—01175 et al (September 25, 2006); Letter from Dr. Daniel
  D. Canale, Department of Pathology, Baptist Hospital, Nashville, TN, to Chairman Kevin J. Martin, File
  No. SES—LFS—20050826—01175 et al (November 9, 2006).


 public safety users, including additional services that further improx}e interoperable

 communications."*

         For example, as MSV explained in Comments filed on the Commission‘s Notice .of

 Proposed Rulemaking ("NPRM") seeking input oh the recorfiméndations of the Edependent

 Panel Reviewing the Impact of Hurricane Katring on Communications Networks ("Katrina

 Pgmel”),5 MSV currently offers the offly satellite—based push—to—talk ("PTT") service in the

 country today." This product allows point-to-p.oint or point—to—multipoint voice communications

 among users in a cusfomer-defined group using a PTT handset. Using a customer—defined

 calling group, a public safety user can coimfiunicate with one or up to 10,00.0 users —

_ simultaneously. With this technology, all users within the call g‘rdup receive the same

 information simu]tanequsly. During emergencieé when terrestrial infrastructure is impéired,

 MSV‘s PTT service can.be of cfitical imporfca_nce in keeping first responders informed. In

 addition, MSV‘s PTT service can be interfaced with existifig ferrestrial-based public safety

 radios (LMRs) of commercial Enhanced Specialized Mobile Radios (ESMR), and thus serve as a |

 ‘satelhte repeater toboth technologles This enables the radios to continue to functlon even when

  the terrestrial mfrastructure supportmg the LMRs or ESMRs are destroyed. It is precisely this

  type of critical, interoperable public safety service that 'is_ being impeded by Inmarsat‘s continued

  refusal to return loaned frequencies and continued operation of uncoordinated satellites.»




  * See Letter from Commonwealth of Kentucky‘s Division of Emergency Management to Ms. Marlene H.
  Dortch, FCC, File No. SES—LFS—20050826—01175 et al (July 24, 2006); see also Letter from Southwest
  Texas Regional Advisory Council for Trauma to Ms. Marlene H. Dortch, FCC, File No. SES—LFS— _
  20050826—01175 et al (July 17, 2006).
  ° See Recommendations ofthe Independent Panel Reviewing the Impact ofHurricane Katrina on
  Communications Networks, Notice ofProposed Rulemaking, EB DocketNo. 06—119, FCC 06—83 (June
  16, 2006) ("NPRM*). .
  * See Comments of Mo\blle Satellite VenturesSub51d1ary LLC, EB Docket No. 06—119 (August 7, 2006)


            Moreover, Inmarsat‘s refusai precludes MSV from using these frequencies to support

ekisting customers and for testing and deploying its interim—generation and next—generation

integrated satellite—terrestrial network. Accordingly, operation of earlier—generation services

with Inmarsat 4F2 pursuant to grant of STA has adversely affected the interference environment

in the L band.

  |         The Bureau has already téken action to prohibit Inmarsat‘s illegal usurpation of loaned

 frequencies for its Broadbafld Global Area Network (“BGAN") service using the uncoordinated

| Inmarsaf 4F2.satellite.7 MSV urges the Bureau to take the same action with respect to Inmarsat‘s

 earlier—generation services. While Satamatics and Inmarsat filed reports almost ofie year ago

 pertaining to their possible use of loaned frequencies for earlier-generation servfces, the Bureau

 has not yet acted to preclude Inmarsat from using the loaned frequenciqs for these services..

 These reports‘ (to the extent they are publicly available) contain absolutely fio analytical,

 statistiéal, or other support to justify Inmarsat‘s continued refusal tp relinquish the loaned

 frequencies despite the harm that is being caused to MSV and MSV Canada. This harm is

 occurring now and is exacerbated by the refusal of Inmarsat and Satamatics to retfim these |

_ frequencies to MSV and MSV Canada. _

           \Ino addifion to requifing an immediate return of the loaned fréquencies, MSV urges the

 Bureau to provide a clear expiration date for this STA unless Inmarsat has completedthe

  coordination of the new and relocated Inmarsat satellites and services. Not only will successful

  coordination mitigate the harmful in;cerferénce that would otherwise result from 'operation of

  Inmarsat‘s uncoordinated satellite, this coordination should also facilitaterebanding ofL band

      spectrum into more contiguous frequency blocks that will increase efficient use of L band


      " See, e.g., Stratos Communications, Inb., Grant, File No. SES—STA—20060310—00419 (Call Sign 050249)
      (May 12, 2006), Condition No. 3.                                   |


 spectrum® and maximize the potential for offering broadband services, which Chairman Martin

 recently explained is the Commission‘s tbp priority." Indeed, numerous public safety users and

 government entities have filed letters urging the Commission to promote the coordination of

 contiguous L band frequency assignments in order to facilitafc broadband satellite services for

 first responders.
                     10



 ° The Commission has identified the promotion of “effic1ent and effective" use of spectrum as one of its
 strategic objectives (see FCC, Strategic Plan: 2006—2011 (September 30, 2005)), and it has recognized
 the assignment of contiguous frequency blocks as a means of achieving this efficiency. See generally
 Improving Public Safety Communications in the 800 MHz Band, Report and Order, 19 FCC Red 14969
 (August 6, 2004); Amendment ofPart 2 ofthe Commission‘s Rules to Allocate Spectrum Below 3. GHzfor
 Mobile and Fixed Services to Support the Introduction ofNew Advanced Wireless Services, including
 Third Generation Wireless Systems, Third Report and Order, Third Notice ofProposed Rule Making, and
 Second Memorandum Opinion and Order, 18 FCC Red 2223, « 68 (2003); Amendment ofPart 2 of the
 Commission‘s Rules to Allocate Spectrum Below 3 GHz, Second Report and Order, 17 FCC Red 23193,
 16 (November 15, 2002) ("The record also identifies general benefits of large contiguous blocks of
 harmonized spectrum including economies of scale in equlpment development and quicker deployment
 of advanced services.").
. See Remarks of FCC Chairman Kevin J. Martin, Imagining th_e Digital Healthcare Future in the Rutal
  West, Montana State University — Bozeman (July 7, 2006) ("Since becoming Chairman about 16 months
 ago, I have made broadband deployment the Commission‘s top priority. . . .); see also White House, 4
 New Generation ofAmerican Innovation (April 2004) ("The President has called for universal, affordable
  access for broadband technology by the year 2007 and wants to make sure we give Americans plenty of
 ‘technology choices when it comes to purchasing broadband. Broadband technology will enhance our
 Nation‘s economic competitiveness and will help improve education and health care for all Americans.")
 (available at http://www.whitehouse. gov/infocus/technology/economic_policy200404/toc.html); FCC,
 Strategic Plan: 2006—2011 (September 30, 2005) (identifying the promotlon of broadband as one of the
 Commission‘s six general goals for the next five years).
 ® See Letter from Santa Rosa County (FL) Division of Emergency Management to Chairman Kevin J.
 Martin, FCC, File No. SES—LFS—20050826—01175 et al (June 15, 2006) (asking the Commission to "take
 measure to ensure that satellite providers in our state have access to enough contiguous spectrum to offer.
 the new types of services that will make a difference for our first responders"); See Letter from Charles
 Barbour, Supervisor, Hinds County (MS) to Chairman Kevin J. Martin, FCC, File No. SES—LFS— .
 20050826—01175 et al (May 26, 2006) ("the L band spectrum used currently by five parties needs to be
—redistributed so that all parties‘ shares are contiguous"); Letter from Blue Cross and Blue Shield of
 Florida to Chairman Kevin J. Martin, FCC, File No. SES—LFS—20050826—01175 et al (May 23, 2006);
  Letter from Hinds County (MS) Sheriff‘s Department to Chairman Kevin J. Martin, FCC, File No. SES— .
  LFS—20050826—01175 et al (May 23, 2006); Letter from Community Development Leagues of America,
  Inc. to Chairman Kevin J. Martin, FCC, File No. SES—LFS—20050826—01175 et al (May 25, 2006); Letter
  from Seminole County (FL) Department of Information Technologies to Chairman Kevin J. Martin, FCC,
  File No. SES—LFS—20050826—01175 et al (June 8, 2006); Letter from Florida Department of Agriculture
  and Consumer Servicés to Chairman Kevin J. Martin, FCC, File No. SES—LFS—20050826—01175 et al
  (May 24, 2006); Letter from Kenneth W. Stolle, Member, Virginia Senate, to Chairman Kevin J. Martin,
  FCC, File No. SES—LFS—20050826—01175 et al (July 12, 2006); Letter from John M. O‘Bannon, III, MD,


          If, however, the Bureau continues to renew STAs for use of Inmarsat‘s new satellite and

services without insisting that Inmarsat first complete coordination,.there are no reasonablé

prospects that such coordination will ever be successfully completed. Instead, Inmarsat will

continue to shirk its obligation to coordinate its satellites with other North American L band.

operators, thereby thwarting the Commission‘s goals of increasing efficient spectrum use and

promoting broadband deployment.

  .                                    Respectfully submitted,




C UT_
 Bruce D. Jacobs        .
                                                       [A [(
                                                     Zénnifer A. Manner
 David S. Konczal            .                       Vice President, Regulatory Affairs
 PILLSBURY WINTHROP   _                            _ MOBILE SATELLITE VENTURES
 ‘    SHAW PITTMAN LLP                      '        .   SUBSIDIARY LLC
 2300 N Street, NW                                    10802 Parkridge Boulevard
 Washington, DC 20037— 1128 |                        Reston, Virginia 20191
 (202) 663—8000      '    v                          (703) 390—2700

Dated: January 3, 2007




 Delegate, 73"" District, Member Virginia House of Delegates, to Chairman Kevin J. Martin, FCC, Flle
No. SES—LFS—20050826—01175 et al (July 28, 2006); Letter from L. Scott Lingamfelter, Member,
 Virginia House of Delegates, to Chairman Kevin J. Martin, FCC, File No. SES—LFS—20050826—01175 et
 al (July 17, 2006); Letter from David B. Albo, Member, Virginia House of Delegates, to Chairman Kevin .
 J. Martin, FCC, File No. SES—LFS—20050826—01175 et al (July 12, 2006); Letter from John W. Jones,
 Executive Director, Virginia Sheriffs‘ Association, to Chairman Kevin J. Martin, FCC, File No. SES—
 LFS—20050826—01175 et al (July 24, 2006); Letter from J. Bradley Reynolds, Commissioner Northeast
 Ward, Nacogdoches, Texas, to Chairman Kevin J. Martin, FCC, File No. SES—LFS—20050826—01175 et al
 (July 19, 2006); Letter from Steve McCraw, Homeland Security Director, Office of Texas Governor Rick
 Perry, to Chairman Kevin J. Martin (August 31, 2006); Letter from John Wood, Cameron County
 Commissioner, Precinct 2, to Chairman Kevin J. Martin (September 5, 2006); Letter from Mike Krusee,
 Chairman of the Committee on Transportation of the Texas House of Representatives, to Chairman Kevin
 J. Martin, File No. SES—LFS—20050826—01175 et al (October 19, 2006); Letter from Ron Harris, Collin
 County (TX) Judge, to Chairman Kevin J. Martin, File No. SES—LFS—20050826—01175 et al (October 30,
 2006).


                                     CERTIFICATE OF SERVICE
          I, Sylvia A. Davis, a secretary with the law firm of Pillsbury Winthrop Shaw
 Pittman LLP, hereby certify that on this 3rd day of January 2007, I served a true copy of
 the foregoing by first—class United States mail, postage prepaid, upon the following: >
 John Giusti*                                       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 .

 Gardner Foster*®                                   Richard Engelman*
 International Bureau                               International Bureau
 Federal Communications Commission                  Federal Communications Commission
 445 12" Street, S.W.                               445 12"" Street, SW.
 Washington, DC 20554                               Washington, DC 20554

 Robert Nelson*                                     Cassandra Thomas*
 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

  John Martin*®                                     Fern Jarmulnek*
  International Bureau      —>             >        International Bureau      .
_ Federal Communications Commission                 Federal Communications Commission
. 0445 12"" Street, S.W.         C                   445 12"" Street, S.W.            :
  Washington, DC 20554                               Washington, DC 20554

  Scott Kotler*®                                     Kathyrnu Medliey*
  International Bureau                               International Bureau
  Federal Communications Commission                  Federal Communications Commission
  445 12"" Street, S.W.                              445 12"" Street, SW.
  Washington, DC 20554 :                             Washington, DC 20554 .

  Stephen Duall*                                     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

  Brian Hester                                       Alfred M. Mamlet
   Satamatics, Inc.                                  Steptoe & Johnson LLP
   P.O. Box 393                                      1330 Connecticut Avenue N.W.
   Buckeystown, MD 21717                             Washington, D.C. 20036
                                                      Counsel for Satamatics, Inc.


                      1                             eAMytuin L. /ez
                                                    ‘Sylvia A. Davis
   *By electronic rr“%ail


                            CERTIFICATE OF SERVICE

        I, Renee Williams, a secretary with the law firm of Pillsbury Winthrop Shaw
Pittman LLP, hereby certify that on this 11th day of September 2007, served a true copy
of the foregoing by first—class United States mail, postage prepaid, upon the following:

Keith H. Fagan                                   Alfred M. Mamlet
Telenor Satellite, Inc.                          Steptoe & Johnson LLP
1101 Wootton Parkway                             1330 Connecticut Avenue N.W.
10Floor                                          Washington, D.C. 20036
Rockville, MD 20852                              Counselfor Stratos Communications, Inc., and
                                                 SkyWave Mobile Communications, Corp.

John P. Janka                                    Ani Tourian
Jeffrey A. Marks                                 SkyWave Mobile Communications, Corp.
Latham & Watkins LLP                             1145 Innovation Drive, Unit 288
555 Eleventh Street, N.W.                         Ottawa, ON Canada K2K 3G8
Suite 1000
Washington, DC 20004
Counselfor Inmarsat, Inc.

Diane J. Cornell
Vice President, Government Affairs
Inmarsat, Inc.
1101 Connecticut Avenue NW
Suite 1200
Washington, DC 20036


                                                 ulYlacy
                                                 Refrlee Williams



Document Created: 2007-09-12 07:36:51
Document Modified: 2007-09-12 07:36:51

© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC