Attachment Comments

Comments

COMMENT submitted by MSV

Comments

2007-11-08

This document pretains to SES-STA-20071102-01520 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2007110201520_605571

ORIGINAL Before the Federal Communications Commission FILEWKCEPTED Washington, D.C. 20554 NOV - 8 2007 In the matter of Federal CommunicationsCommission Office of the Secretary Stratos Communications, Inc. ) File No. SES-STA-2007 1101-01488 (Call Sign E050249) 1 BT Americas Inc. ) File No. SES-STA-2007 1102-01522 (Call Sign E060076) 1 MVS USA, Inc. ) File No. SES-STA-20071106-01534 (Call Sign E050348) Vizada Satellite, Inc. ) File No. SES-STA-20071102-01520 (Call Sign E050276) 1 COMMENTS OF MOBILE SATELLITE VENTURES SUBSIDIARY LLC Mobile Satellite Ventures Subsidiary LLC (“MSV”) urges the International Bureau (“Bureau”), in acting on the above-captioned requests for renewal of Special Temporary Authority (“STA”) to operate Broadband Global Area Network (“BGAN”) terminals using the uncoordinated Inmarsat 4F2 satellite at 52.75”W, to (i) establish a firm expiration date for these STAs and provide that no further extensions will be granted without Inmarsat first having completed coordination of its now nearly two-year-old satellite with the North American L band operators; (ii) limit the use of BGAN terminals authorized under the STAs to “first responders”; and (iii) adopt conditions consistent with what MSV has requested in a pending Petition for ’ Clarification. MSV has justified its request in prior filings regarding these periodic STA renewal applications and the underlying applications for permanent authority and incorporates by reference those pleadings.’ ’ See Petition for Clarification, File Nos. SES-STA-20060310-00419 et al. (June 12,2006). See, e.g., Petition to Hold in Abeyance, File No. SES-LIC-20070712-00933 (September 14, 2007) (requesting the FCC to hold in abeyance BGAN application for permanent authority); Reply, File No. SES-LIC-20070712-00933 (October 8,2007); Petition for Clarification, File Nos. SES-STA-20060310-00419 et al. (June 12,2006) (requesting clarification of BGAN STA license conditions to ensure protection to MSV and its customers); Reply, File Nos. SES-STA-

In short, MSV has demonstrated, inter alia,that the renewal of the BGAN STAs would increase the potential for harmful interference to MSV’s system as a result of the operation of the uncoordinated ~atellite,~ remove the incentive for Inmarsat to satisfy its obligation to coordinate its Inmarsat 4F2 satellite: and frustrate MSV’s efforts to reband the splintered L band spectrum to enable MSV to use it more efficiently and maximize the potential for the provision of broadband service^.^ In contrast, Inmarsat and its distributors have failed to provide any real basis for the grant of authority for the immediate provision of BGAN services, except arguably to provide services to “first responders” during ernergencie~.~ Even then, there is no reason to authorize the tens of thousands of BGAN terminals that Inmarsat and its distributors have requested in total.8 Indeed, in similar proceedings before Industry Canada, that agency, recognizing the harms associated with the unrestricted operation of the uncoordinated Inmarsat satellite, adopted a restricted approach to the temporary authorization of BGAN service and permitted only a very 200603 10-00419 et al. (June 29,2006); Consolidated Petition to Deny, File Nos. SES-STA- 200603 10-00419 et al. (March 29,2006) (requesting denial of BGAN STA applications); Consolidated Reply, File Nos. SES-STA-200603 10-00419 et al. (April 11,2006); Comments, File Nos. SES-STA-200708 14-01092 et al. (August 20,2007) (requesting denial of continued renewal of BGAN STA applications); Reply, File Nos. SES-STA-200708 14-01092 et al. (September 11,2007). See, e.g., Petition to Hold in Abeyance, File No. SES-LIC-20070712-00933, at 9-23 (September 14,2007). See, e.g., Comments, File Nos. SES-STA-20070814-01092 et al., at 3-4 (August 20,2007). ’See, e.g., Comments, File Nos. SES-STA-20070814-01092 et al., at 5 (August 20,2007). See 47 C.F.R. 25.120(b)( 1) (FCC may grant STA in “extraordinary ~ i r ~ ~ m ~ t a n ~ e ~ . ” ) . ’See, e.g., Comments, File Nos. SES-STA-20070814-01092 et al., at 7 n. 18 (August 20,2007) (providing a list of public safety entities or their representatives filing letters with the Commission expressing concern with potential interference caused by Inmarsat’s uncoordinated operations and expressing support for rebanding of L band spectrum). See, e.g., Comments, File Nos. SES-STA-20070814-01092 et al., at 4 (August 20,2007). 2

few number of BGAN terminals and only for critical operations.' In any event, to the extent the Bureau renews the BGAN STA applications, it should clarify the existing conditions imposed on the temporary authorizations in order to protect MSV and its customers, which include important public safety users, from harmful interference." Respectfully submitted, PILLSBURY WINTHROP 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: November 8, 2007 See, e.g., Letter from Chantel Beaumieur, Director, Space and International Regulatory Activities, Industry Canada, to Lieutenant-Colonel J.J. F La Boissonnikre, Director Information Management Technologies, Products and Services 5, National Defence Headquarters (December 6, 2006) (authorizing the Canadian National Defence Headquarters to operate ten BGAN terminals); see also Comments, File Nos. SES-STA-20070814-01092 et al., at 4-5 (August 20, 2007). loSee, e.g., Petition for Clarification, File Nos. SES-STA-200603 10-00419 et al. (June 12,2006) (aggregate uplink and downlink EIRP limits should apply to all visible Inmarsat satellites; conditions imposed on distributors should also apply to Inmarsat; FCC should require that distributors certify to non-use of Loaned Frequencies; Inmarsat should maintain guard bands of at least 50 kHz between band edges of carriers used by BGAN service providers and band edges of MSV's operations; and grant of STA is without prejudice to disposition of applications for permanent authority to operate BGAN terminals). 3

CERTIFICATE OF SERVICE I, Renee Williams, a secretary with the law firm of Pillsbury Winthrop Shaw Pittman LLP, hereby certify that on this sth day of November 2007, I served a true copy of the foregoing by first-class United States mail, postage prepaid, upon the following: John P. Janka Diane J. Cornel1 Jeffrey A. Marks Vice President, Government Affairs Latham & Watkins LLP Inmarsat, Inc. 555 Eleventh Street, N.W. 1101 Connecticut Avenue NW Suite 1000 Suite 1200 Washington, DC 20004 Washington, DC 20036 Counsel for Inmarsat, Inc. Linda J. Cicco Alfred M. Mamlet BT Americas Inc. Steptoe & Johnson LLP 11440 Commerce Park Drive 1330 Connecticut Avenue N.W. Reston, VA 20191 Washington, D.C. 20036 Counsel for Stratos Communications, Inc. Keith H. Fagan Lawrence J. Movshin Vizada Satellite, Inc. Wilkinson Barker Knauer, LLP 1101 Wootton Parkway 2300 N St. NW, Suite 700 1Oth Floor Washington, DC 20037 Rockville, MD 20852 Counsel for MVS USA, Inc. R&ee Williams . .


Document Created: 2007-11-14 10:14:48
Document Modified: 2007-11-14 10:14:48
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