Attachment Opposition

Opposition

OPPOSITION TO PETITION TO DENY submitted by Deere & Company

Opposition to Petition to Deny

2007-10-17

This document pretains to SES-STA-20070924-01310 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2007092401310_599383

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) In the Matter of ) ) —File No. SES—STA—20070924—01310 ) Deere & Company ) Application for Special Temporary Authority to ) Operate Receive—Only Mobile Earth Stations with ) Inmarsat IIF4 at 142 ° ) ) To: Chief, International Bureau OPPOSITION TO PETITION TO DENY Deere & Company ("Deere"), by its attorneys, hereby submits its Opposition to the Petition to Deny filed by Mobile Satellite Ventures Subsidiary LLC ("MSV") in the captioned matter on October 2, 2007.‘ As set forth in greater detail below, Deere respectfully submits that MSV‘s Petition fails to allege specific facts or argumentation sufficient to rebut the record evidence in favor of granting the requested Special Temporary Authority ("STA")." Accordingly, Deere urges the Bureau to deny MSV‘s Petition and grant the aforementioned STA using its streamlined review process. Introduction Since 2001, Deere has equipped domestic agricultural equipment with its GreenStar‘"" precision farming system ("GreenStar‘ system" or "GreenStar‘"")." The GreenStar system uses StarFire mobile earth stations, which do not transmit, but simply ‘ See Petition to Deny of Mobile Satellite Ventures Subsidiary LLC, at 1, FCC File No. SES—STA— 20070924—01310 (October 2, 2007) ("Petition"). * See Deere & Company, Application, File No. SES—STA—20070924—01310 (September 24, 2007) ("Deere Application"). | * See Deere & Company, FCC File No. SES—LIC—20010112—00051 ("Deere License"). A/7T2255431.2 1

receive. This system uses transmissions from Global Positioning Satellites ("GPS") and the Inmarsat IIF2 geostationary satellite at 98° west longitude to help farmers pinpoint their locations. This cutting—edge system helps to improve domestic crop yields, reduce agricultural vehicle fuel consumption, and decrease harmful soil pollution resulting from overfertilization. Subsequent to its initial deployment, Deere has explored ways to refine and improve the GreenStar‘"" system. Bolstering the GreenStar‘"" system with a second transmission from a separate satellite is one specific improvement that Deere began to examine in 2006 when it conducted Commission authorized testing using a downlink carrier from the Inmarsat IIIF4 at 142° west longitude." This testing confirmed that a second transmission would improve the performance and reliability of the system. As a result of these successful tests, Deere now seeks to move forward with the immediate integration of the IIIF4 into the GreenStar‘"" system. Discussion Deere respectfully requests that the Bureau reject MSV‘s Petition to Deny Deere‘s STA request. MSV‘s Petition does not provide any factual or legal justification for an adverse finding by the Bureau with respect to the STA. Moreover, MSV‘s objections concerning Deere‘s justification for the grant of an STA are without merit. MSV‘s petition is merely another improper and transparent attempt to involve Deere in MSV‘s ongoing dispute with Inmarsat regarding frequency coordination between their respective satellites. * See Deere & Company, Application, File No. SES—STA—20060605—00922 (June 3, 2006) ("2006 STA"). AlT2255431.2 2

I. Extraordinary Circumstances Compel the Commission To Grant The Underlying Special Temporary Authorization Authorizing Deere to receive downlink signals from the Inmarsat IIIF4 on an interim basis will ensure that the GreenStar‘" system operates optimally during the remainder of the critical fall 2007 harvest and relieve some of the burden inflicted upon the American farmer and consumer by historically high fuel and fertilizer prices. The GreenStar‘"" system provides receive—only terminals mounted on agricultural equipment with correctional data that enables the operators of such equipment to pinpoint their positions to within ten (10) centimeters (+ 10). This system typically improvés fuel consumption by 5—10%, and reduces fertilizer use by a comparable amount." Integrating the IIIF4 into the GreenStar‘"" system will enable user terminals to select between redundant sources of correctional data based on signal strength during the remainder of the fall harvest, when fuel consumption and fertilizer use reaches its peak. As a result, Deere expects the integration of the IIIF4 to immediately enhance the performance of the GreenStar‘"" system. This increase in performance and added redundancy will provide economic relief to farmers currently encountering historic highs in both fuel and fertilizer prices, and should help minimize the "trickle down" effect of these historically high prices on the public, who ultimately purchase the agricultural goods Deere‘s customers grow and harvest. Enabling Deere to immediately upgrade the GreenStar‘" system and activate a redundant downlink from the IIIF4 will also create immediate environmental benefits. * See Guide to Auto—guidance, Questions and Answers to Today‘s Guidance Systems, available at: www.johndeere.com/ag. A/72255431 .2 3

Specifically, farmers utilizing the upgraded GreenStar‘"" system will use less fertilizer this fall, thereby decreasing soil contamination and run—off during the spring thaw. The timing of Deere‘s STA request is appropriate. Deere conducted testing in 2006 to evaluate software and hardware upgrades to its receive—only Starfire ground stations necessary to enable these mobile terminals to receive downlink transmissions from an additional spacecraft. This testing was successful and no additional tests have been required thereafter. The instant STA is necessary to immediately begin a commercial deployment of the enhanced service. II. Deere Will Accept The Conditions Included With Its Prior STA MSV‘s request that the Commission heavily condition grant of the STA is unsubstantiated. These receive—only terminals, by definition, do not transmit, and thus are incépable of causing interference. The types of conditions that the Commission previously imposed on Deere‘s STA to downlink from the IIIF4 would be more than adequate to addregs MSV‘s concerns, and Deere is willing to accept the conditions that were previously imposed.6 Deere also objects to any conditions that would limit the number of times that Deere may file an application to renew the STA. Continuation of service will not prejudice MSV, because Deere is willing to accept as a condition that the service not cause harmful interference to MSV. Therefore, the Commission will retain the authority to require Deere to modify or even cease its receive—only operations in the event of harmful interference. © See FCC File No. SES—STA—20060605—00922, Conditional Grant (rel. August 7, 2006). A/72255431.2 4

The other conditions and clarifications proposed by MSV all concern Inmarsat transmissions and are addressed by Inmarsat in a separate opposition pleading. Deere concurs in Inmarsat‘s opposition pleading. Conclusion For the reasons stated above and in the pending STA application, Deere respectfully requests that the Bureau reject MSV‘s Petition to Deny, and expeditiously grant Deere‘s requested STA authority. Respectfully submitted, BINGHAM McCUTCHEN LLP 2020 K Street, NW Washington, DC 20006 202.373—6009 202.373.6001 fax eliot.greenwald@bingham.com timothy.bransford@bingham.com Attorneys for Deere & Company Dated: October 17, 2007 A/72255431.2 5

CERTIFICATE OF SERVICE I, Timothy L. Bransford, hereby certify that on this 17th day of October, 2007, I caused to be served a true copy of the foregoing "Reply" by first class mail, postage pre— paid (or as otherwise indicated) upon the following: Helen Domenici* 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 James Ball* Kathryn Medley* 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 Roderick Porter®* Robert Nelson* 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 A/72255431.2

Bruce D. Jacobs Cassandra Thomas* Tony Lin International Bureau Paul A. Cicelski Federal Communications Commission Pillsbury Winthrop Shaw Pittman LLP 445 12"" Street, S.W. 2300 N Street, N.W. Washington, DC 20554 Washington, DC 20037—1128 Counselfor MSV Diane J. Cornell Jennifer A. Manner Vice President, Government Affairs Vice President, Regulatory Affairs INMARSAT, INC. Mobile Satellite Ventures Subsidiary LLC 1100 Wilson Blyvd, Suite 1425 1002 Park Ridge Boulevard Arlington, VA 22209 Reston, Virginia 20191 Telephone: (703) 647 4767 John P. Janka Jeffrey A. Marks LaATHAM & WaTKiINs LLP 555 Eleventh Street, N.W. Suite 1000 Washington, D.C. 20004 Telephone: (202) 637—2200 *Yia Electronic Mail [ipothy L. Bransford A/72255431.2


Document Created: 2007-10-19 07:38:25
Document Modified: 2007-10-19 07:38:25
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