Attachment STA Request

This document pretains to SES-STA-20130325-00295 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2013032500295_991384

Description of STA Request Comtech Mobile Datacom Corporation (“CMDC” or the “Company”) requests special temporary authority (“STA”), pursuant to Section 25.120(b)(2) of the Commission’s Rules, to continue operations as currently authorized under CMDC’s existing blanket license E990143 (the “Spike” license).1 CMDC provides mobile packet data communications services under the Spike license to the federal government throughout the United States and overseas using links with MSAT-1. (While CMDC currently has no commercial customers, it has served such customers in the past.) The E990143 license is set to expire on May 4, 2013. On February 6, 2013, CMDC filed a modification application (“Modification Application”), among other things, to extend the term of a separate blanket license E090027 (the “ROUS” license2) for two years and to add a Site ID to that license. See SES-MOD-20130206- 00159. Once granted, the Modification Application would eliminate the need for continuation of the Spike license. The Modification Application does seek technical correction of a number of items on the ROUS license identified by CMDC in review thereof. Aside from enabling the consolidation of the Spike authority into the ROUS license and these technical corrections, the Modification Application does not seek to alter the Company’s licensed authority. CMDC is filing the instant Request for an STA following communications with Staff and the fact that, through the date of this Request, the Modification Application has not yet been put on public notice. Accordingly, CMDC is concerned that the grant of the Modification Application may not occur prior to the current expiration date for the Spike license. CMDC seeks special temporary authority pending action on its Modification Application.3 In support of this STA Request, CMDC refers to the information provided in its Modification Application, including Exhibit A (Description of Application, Services to be Provided, Frequencies Requested and Public Interest Showing); Exhibit B (Radiation Hazard Study); Exhibit C (Information Required by Section 25.137 on Non-U.S. Licensed Satellite); and Exhibit D (Request for Waiver). CMDC notes that it has been operating under the Spike license pursuant to a waiver of footnotes US308 and US315 to the U.S. Table of Frequency Allocations and Section 25.136(d) of the Commission’s Rules with respect to the operation of its MTM202 half-duplex terminals 1 Comtech Mobile Datacom Corp., Application for Modification of Blanket Earth Station Authorization, Order and Authorization, DA 09-906, rel. May 15, 2009; Satellite Communications Services Information re: Actions Taken, Report No. SES-01346 (May 11, 2011) (granting license for additional 2-year period, on terms of 2009 grant order). 2 Satellite Communications Services Information re: Actions Taken, Report No. SES-01395 (Nov. 2, 2011) (granting license for additional 2-year period). 3 CMDC filed an STA Request for the operations currently covered by the ROUS and Spike licenses on March 1, 2013. See SES-STA-20130301-00222. Staff notified counsel for CMDC by e-mail on March 4, 2013, that this Request would be treated solely as an STA Request related to the operations currently conducted under the ROUS license, which is set to expire April 1, 2013, and that, if necessary, a separate STA Request would have to be filed related to the operations currently conducted under the Spike license. In light of the fact that the Modification Application has not yet been put on public notice, the STA Request related to the operations currently conducted under the Spike license is hereby being made.

outside of the continental United States. The Company’s MTM202 terminals do not comply with the National Telecommunications and Information Administration’s (“NTIA’s”) interpretation of these footnotes with respect to the shutdown requirement. The Modification Application requests grant of this waiver for an additional two-year period. In order to continue operations following expiration of the Spike license and prior to grant of the Modification Application, however, CMDC respectfully requests that the STA requested herein include temporary grant of this waiver as well. This Request is reasonable for all the reasons discussed in the Modification Application, Exhibit D, Request for Waiver. In particular, as explained in the Modification Application, the likelihood that a single packet will exceed the prescribed duration for shutdown – the basis for the waiver requirement – is exceptionally low and materially lower than had been the case when the waiver was last extended in 2011. Further, grant of this temporary waiver will serve the public interest insofar as continued operations pursuant to the STA will be impracticable without the waiver. CMDC requests that the Commission grant temporary authority to operate the Spike license to take effect beginning May 4, 2013 for a minimum of 60 days after that date and continue, if necessary, until such time as the Commission acts on the Modification Application. Section 25.120(b)(1) of the Commission’s Rules provides that the Commission may grant a temporary authorization only upon a finding that there are extraordinary circumstances requiring temporary operations in the public interest and that delay in the institution of these temporary operations would seriously prejudice the public interest. CMDC submits that such extraordinary circumstances exist here. CMDC is requesting an STA to continue to satisfy the needs of its current government contract customer, notably including the U.S. Army, for service in the U.S. and worldwide. Specifically, the U.S.Army’s Force XXI Battle Command, Brigade and Below (“FBCB2”) command and control system relies upon CMDC’s services. Grant of the requested STA will advance the public interest in that it will enable CMDC to satisfy the needs of the Army without disruption of service. At the same time, CMDC’s operations pursuant to the authority requested herein will not, in all likelihood, result in any harm to the public interest. While CMDC’s terminals and operations, continuance of which is proposed herein, do not entirely comply with the letter of the Commission’s requirements for priority access and real- time preemption in the L-band, they comply with the spirit of those requirements. And, as noted, the remaining potential for noncompliance with the prescribed duration for shutdown is minimal, justifyinh the extension of the current waiver. As discussed in the Modification Application, Exhibit D, the Commission’s previous grant of a waiver of footnotes US308 and US315 and Section 25.136(d) in conjunction with past grants of authority to operate pursuant to CMDC’s E990143 license provides precedent for grant of a similar (temporary) waiver in connection with this STA Request. CMDC acknowledges that any grant of this STA Request is without prejudice to, and will be conditioned on, the Commission’s final action on any CMDC application, including the Modification Application. For the reasons set forth above, CMDC respectfully requests that this STA be granted and made effective no later than May 4, 2013.

VERIFICATION I, Greg Handermann, am SVP, Government Programs, of Comtech Mobile Datacom Corporation ("CMDC"). I am authorized to represent CMDC and to make this verification on its behalf. The statements in the foregoing document relating to CMDC are true and correct to the best of my knowledge and belief. I declare under penalty of perjury that the foregoing is true and correct. &2 Greg Handermann SVP, Government Programs March 25, 2013


Document Created: 2013-03-25 15:31:44
Document Modified: 2013-03-25 15:31:44
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