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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) MARINESAT COMMUNICATIONS ) File No. ITC-98-253 NETWORK, INC. ) ) Application for authority to provide INMARSAT) standard services via the INMARSAT system in ) the Atlantic, Pacific and Indian Ocean Regions.) ORDER, AUTHORIZATION AND CERTIFICATE Adopted: July 2, 1998 Released: July 6, 1998 By the Chief, Telecommunications Division: 1. Pursuant to Section 214 of the Communications Act of 1934, as amended, MarineSat Communications Network, Inc. (MCN) filed an application requesting authority to provide, on a resale and facilities-based basis, INMARSAT Standard A, B, C and M services via the Atlantic Ocean Region (both East and West) (AOR), Pacific Ocean Region (POR), and the Indian Ocean Region (IOR) in both the ship-to-shore and shore-to-ship directions using land earth stations (LES) that haven been approved for use with the INMARSAT satellite system. MCN, a Delaware corporation, is an indirect wholly-owned subsidiary of ICG Holdings (Canada), Inc. (ICG-Canada), which, in turn, is 98% owned by ICG Communications, Inc. (ICG), a publicly-held Delaware corporation. MCN is authorized by the Commission to provide a variety of international communications services. 2. COMSAT Corporation, through its COMSAT Mobile Communications unit (COMSAT), filed comments. MCN filed an amendment to its application on May 15, 1998. The amendment, inter alia, withdraws MCN's request to provide service in the shore-to-ship direction. No other pleadings were filed. 3. The application, as amended, requests authority, on both a facilities-based and resale basis, to provide Maritime Mobile Satellite Services (MMSS) and Land Mobile Satellite Services (LMSS), including voice, data, and facsimile services, in the AOR, POR, and IOR, using mobile satellite INMARSAT facilities. MCN states it will comply with the conditions governing such carriers in Sections 63.18(e)(1) and (e)(2) of the Commission's rules. MCN also states that for all of the requested INMARSAT services, it will utilize one or more of the following INMARSAT foreign LES sites: 1) Laurentides, Quebec, Canada; 2) Tangua, Brazil; 3) Eik, Norway; 4) Goonhilly, United Kingdom; 5) Perth, Australia; 6) Sentosa, Singapore; and 7) Yamaguchi, Japan. MCN also seeks authority to obtain LES facilities and services for which MCN may enter into agreements in the future. 4. In its comments, Comsat argues that the Commission cannot lawfully grant MCN's original request for "an automatic expansion of authority" to use foreign space segment, "to the extent that the Commission issues a ruling of general applicability permitting the use of INMARSAT space segment obtained from space segment providers other than COMSAT for U.S. originated traffic." MCN's withdrawal of its original request to provide INMARSAT service in the shore-to-ship direction renders COMSAT's argument moot. 5. Comsat also argues that, subsequent to the initial application, MCN's corporate parent, ICG, announced that it had agreed to sell MCN to the Canadian carrier, Stratos. Comsat argues that any action on this application should be delayed until the Commission rules on MCN's transfer of control application. 6. We find that we need not delay action on this application pending the outcome of MCN's transfer of control application. We note that, pursuant to Section 63.12(c)(5) of the Commission's rules, we reclassified MCN's transfer of control application for non-streamlined processing. Accordingly, we will act on MCN's transfer request by formal written order. Comsat has filed comments in that proceeding raising the same issues as here. Therefore, we will address those issues in that proceeding. 7. Upon consideration of the above-captioned application, we find that the public convenience and necessity require a grant thereof. 8. Accordingly, IT IS ORDERED, that application File No. ITC-98-253 IS GRANTED, and MCN is authorized to a. provide LMSS in the AOR, POR and IOR both to mobile and land-based temporary-fixed terminals as set forth herein; b. provide ship-to-shore MMSS services in the AOR, POR and IOR; c. provide the above via non-U.S. LES facilities using the INMARSAT satellite system, as set forth herein; and d. provide the services authorized herein by the resale of the services of other authorized international common carriers which provide these services. 9. IT IS FURTHER ORDERED that the applicant shall file annual circuit status reports in accordance with the requirements set forth in 43.82 of the Commission's Rules and Rules for Filing of International Circuit Status Reports, CC Docket No. 93-157, Report and Order, 10 FCC Rcd 8605 (1995). 10. IT IS FURTHER ORDERED that grant of this application is subject to all the conditions set forth in Section 63.21 of the Commission's Rules, 47 C.F.R. 63.21. 11. This order is issued under Section 0.261 of the Commission's Rules and is effective upon adoption. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission's Rules may be filed within 30 days of public notice of this order (see Section 1.4(b)(2)). FEDERAL COMMUNICATIONS COMMISSION Diane J. Cornell Chief, Telecommunications Division International Bureau