Attachment Reply

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REPLY submitted by MSV

Reply

2007-12-03

This document pretains to SES-STA-20071102-01514 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2007110201514_609922

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


In the matter of

SkyWave Mobile Communications,                        ) SES-STA-20071 109-01554 (Call Sign E030055)
Inc.                                                  1
                                                      1
Stratos Communications, Inc.                          )   SES-STA-20071101-01489 (Call Sign EO00 180)
                                                      )   SES-STA-20071101-01490 (Call Sign E010047)
                                                      )   SES-STA-20071101-01491 (Call Sign E010048)
                                                      )   SES-STA-20071101-01492 (Call Sign E010049)
                                                      )   SES-STA-20071101-01493 (Call Sign E010050)
                                                      1
Vizada Satellite, Inc.                                )   SES-STA-20071101-01519 (Call Sign E000285)
                                                      )   SES-STA-20071101-01514 (Call Sign E000283)
                                                      )   SES-STA-20071101-01513 (Call Sign E000282)
                                                      )   SES-STA-20071101-01516 (Call Sign E000280)
                                                      )   SES-STA-20071101-015 17 (Call Sign KA3 13)
                                                      )   SES-STA-20071101-01515 (Call Sign E000284)
                                                      )   SES-STA-20071101-01518 (Call Sign WB36)


               REPLY OF MOBILE SATELLITE VENTURES SUBSIDIARY LLC

          Mobile Satellite Ventures Subsidiary LLC (“MSV”) hereby files this Reply to the Joint

Response of SkyWave Mobile Communications, Inc. (“SkyWave”), Stratos Communications,

Inc. (“Stratos”), Vizada Satellite, Inc. (“Telenor”), and Inmarsat Ventures Limited (“Inmarsat”)

to MSV’s Comments on the above-captioned requests for 60-day renewal of existing grants of

Special Temporary Authority (“STA”) to operate earlier-generation mobile earth terminals using

the uncoordinated Inmarsat 4F2 satellite at 52.75” W.L.’ As MSV explained in its Comments,

the Bureau should continue to apply the conditions imposed on the original STA grants for



’ See Joint Response of SkyWave Mobile Communications, Inc., Stratos Communications Inc.,
Telenor Satellite Inc., and Inmarsat Ventures Limited (November 28, 2007) (“Joint Respon~e”);
see also Mobile Satellite Ventures Subsidiary LLC, Comments (November 14,2007) (“MSV
Comments”).


12-03-07 Reply eleventh existing services renewal - November 2007.doc


earlier-generation services as well as (i) immediately require Inmarsat to cease its use of 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.

       In the Joint Response, Inmarsat and its distributors claim that use of the Inmarsat 4F2

satellite for earlier-generation services has not resulted in interference. Joint Response at 1-2.2

In fact, the opposite is true. Inmarsat and its distributors continue to refuse to relinquish the

loaned frequencies despite the harm that is being caused to MSV and its customers. MSV

Comments, Attachment at 2-4. This harm is occurring today by precluding MSV from using

these frequencies to support existing customers, including MSV’s unique satellite-based push-to-

talk (“PTT”) service which offers critical communications capabilities to first responders when



  In the Joint Response, Inmarsat and its distributors incorporate various pleadings by reference.
Joint Response at 1-2. MSV hereby incorporates by reference the following pleadings. See
Letter from Jennifer A. Manner, MSV, to Ms. Marlene H. Dortch, FCC, File No. SES-MFS-
2005 1122-01614 (Call Sign E000180) et al. (June 20,2006); Letter from Ms. Jennifer A.
Manner, MSV, to Ms. Marlene H. Dortch, FCC, File No. SES-MFS-2005 1122-01614 et al. (July
18,2006) (responding to the Opposition of Inmarsat and its distributors to MSV’s request that, to
the extent the Commission grants the pending applications to operate with the uncoordinated
Inmarsat 4F2 satellite despite the facts that (i) harmful interference will likely occur, (ii) grant of
the applications prior to a coordination agreement is inconsistent with precedent, (iii) grant will
condone Inmarsat’s usurpation of spectrum coordinated by the United States and Canada as well
as Inmarsat’s continued abdication of its obligation to coordinate its satellites internationally, and
(iv) grant would endorse the current inefficient, non-contiguous assignment of L band
frequencies, then the Commission should attach certain conditions intended to mitigate some of
this harm); Letter from Jennifer A. Manner, MSV, to Mr. John Giusti and Mr. Julius Knapp,
FCC (June 20,2006); Letter from Ms. Jennifer A. Manner, MSV, to Ms. Marlene H. Dortch,
FCC, Call Signs EO1001 1 et al. (July 18,2006) (responding to the Opposition of Inmarsat and its
distributors to MSV’s request that the Commission preclude Inmarsat from using frequencies
licensed to and coordinated for MSV and MSV Canada); Mobile Satellite Ventures Subsidiary
LLC, Petition to Hold in Abeyance, File No. SES-MFS-20060118-00050 et al. (March 3,2006);
Reply of MSV, File No. SES-MFS-20060118-00050 et al. (March 28,2006) (responding to
Inmarsat’s Opposition to MSV’s Petition to Hold in Abeyance Telenor Satellite Inc.’s
application to provide non-BGAN Inmarsat service over Inmarsat 4F2); Comments of MSV, File
No. SES-STA-200607 10-01 131 et al. (July 17,2006); Response of MSV, File No. SES-STA-
200607 10-01131 et al. (August 1I , 2006); Comments of MSV, File No. SES-STA-200605 11-
00788 et al. (May 15,2006).

                                                   2


terrestrial infrastructure is impaired. Id. at 2. As MSV noted in its Comments, public safety

users have been particularly harmed by Inmarsat’s refusal to return the loaned frequencies. Id. at

2. For example, the Commonwealth of Kentucky’s Division of Emergency Management, an

MSV user, has informed the Commission that there is a significant risk that Inmarsat’s

uncoordinated operations will “interfere with our existing critical public safety operations’’ and

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

public safety users, including additional services that further improve interoperable

communications.”3 Inmarsat and its distributors do not refute the impact their usurpation of L

band frequencies is having on MSV and MSV Canada and their customers. Moreover, as MSV

explained previously, there is no analytical, statistical, or other evidence in the record of this or

any other proceeding to support Inmarsat’s alleged need for the loaned freq~encies.~
                                                                                  As such,

Inmarsat’s refusal to return these frequencies is causing harm to MSV and MSV Canada and

their customers without any apparent benefit for Inmarsat’s users.

        In its Comments, MSV requested that the Bureau provide a clear expiration date for these

STAs unless Inmarsat has completed coordination of its new and relocated Inmarsat satellites,

including rebanding of L band spectrum into more contiguous frequency blocks, which will

reduce the potential for harmful interference and promote efficient use of spectrum. MSV

Comments, Attachment at 4-6. In response, Inmarsat and its distributors cite previous filings in

which Inmarsat claimed that rebanding should be resolved during the L band coordination

process. Joint Response at 2. MSV agrees and once again invites Inmarsat to engage in

 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 MSV Comments, Attachment at 4; Comments of MSV, File No. SES-STA-20060710-01131
et al. (July 17,2006), at 3-4.

                                                   3


coordination discussions. Commission action to facilitate rebanding, however, will in no way

trump the international coordination process. Rather, such action will establish that the

Commission expects L band operators to seek to maximize the potential of the L band for

offering broadband services, which Chairman Martin explained is the Commission’s top

p r i ~ r i t y .If,
                 ~ however, the Bureau continues to grant and renew STAs for use of Inmarsat’s

uncoordinated satellites and services without insisting that it first complete coordination, there

are no reasonable prospects that such coordination will ever be successfully completed.

                                          Respectfully submitted,




 i&$$ie-
 Tony Lin

 PILLSBURY WINTHROP
                                                      Vyce President, Regulatory Affairs
                                                      MOBILE SATELLITE VENTURES
        SHAW PITTMAN LLP                                     SUBSIDIARY LLC
 2300 N Street, NW                                    10802 Parkridge Boulevard
 Washington, DC 20037-1 128                           Reston, Virginia 20 191
 (202) 663-8000                                       (703) 390-2700

Dated: December 3,2007




  See Remarks of FCC Chairman Kevin J. Martin, Imagining the Digital Healthcare Future in the
Rural 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. . .
Broadband technology is a key driver of economic growth. The ability to share increasing
amounts of information, at greater and greater speeds, increases productivity, facilitates interstate
commerce, and helps drive innovation. But perhaps most important, broadband has the potential
to affect almost every aspect of our lives.”).

                                                  4


                            CERTIFICATE OF SERVICE

       I, Renee Williams, a secretary with the law firm of Pillsbury Winthrop Shaw
Pittman LLP, hereby certify that on this 3rd day of December 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
Vizada Satellite, Inc.                            Steptoe & Johnson LLP
1101 Wootton Parkway                              1330 Connecticut Avenue N.W.
lofhFloor                                         Washington, D.C. 20036
Rockville, MD 20852                               Counselfor Stratos Communications, Inc., and
                                                  Sky Wave 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. Cornel1
Vice President, Government Affairs
Inmarsat, Inc.
1 101 Connecticut Avenue NW
Suite 1200
Washington, DC 20036



                                                 Re'nee Williams



Document Created: 2007-12-06 13:20:23
Document Modified: 2007-12-06 13:20:23

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