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                                                          Before the 
               FEDERAL COMMUNICATIONS COMMISSION
                     Washington, D.C. 20554
                                

In the Matter of                )
                                )
STRATOS MOBILE NETWORKS (USA), LLC)
                                )
Application for Authority to Provide U.S.-)
Originated Fixed-to-Mobile Inmarsat-B and -M)          File No. ITC-TAO-19980701-00916
Services to the U.S. Department of Defense)
via Foreign Land earth Stations at Laurentides,)
Quebec, Canada and Perth, Australia         )


                              ORDER

Adopted: February 26, 1999                                  Released: March 1, 1999

By the Chief, International Bureau:

                         I.  Introduction

     1.  In this Order, we grant a request by Stratos Mobile Networks (USA), LLC (Stratos) for special
temporary authority (STA) to provide U.S.-originated fixed-to-mobile Inmarsat-B and -M services with
Secure Telephone Unit (STU-III) capabilities to the U.S. Department of Defense (DOD) via the foreign
land earth stations (LESs) at Laurentides, Canada and Perth, Australia.  This authority is granted pending
Commission action on Stratos' underlying application for permanent operating authority and will allow
Stratos to satisfy DOD's urgent need for a critical service that is not available via any U.S. LESs.

                         II.  Background

     2.  Stratos is authorized under Section 214 of the Communications Act of 1934, as amended, to
provide international maritime satellite services, international aeronautical satellite services, international
land mobile satellite services, and international basic switched and private line services to various
international points on both a facilities and resale basis.  Stratos is a subsidiary of Stratos Wireless, Inc., a
Canadian company that was recently designated the Canadian Signatory of Inmarsat.  

     3.  Stratos' application states that this STA is warranted by unique circumstances.  In letters filed
in support of its request, officials from DOD indicate that there are no U.S. LESs, including COMSAT's,
capable of providing DOD with the STU-III capabilities in the fixed-to-mobile direction that DOD
requires.  In particular, the different branches of the Department of Defense have an urgent need for
Inmarsat-B and Inmarsat-M services with the following STU-III capabilities in the fixed-to-mobile
direction: (1) Inmarsat-B 9.6 kilobits per second;  (2) Inmarsat-M 4.8 kilobits per second, and (3)
Inmarsat-mini-M 2.4 kilobits per second.  DOD states that these STU-III capabilities "are an essential
requirement in order to ensure the security of critical and sensitive U.S. Government communications."  In
a letter dated January 15, 1999 from Admiral Mayo, Chief of Naval Operations, he adds that the U.S.
Navy requires the ability to send STU-III communications on a terminal-to-terminal basis and the ability to
go secure in a rapid and transparent nature.  He states that the Secure Inter-Working function (SIWF)
protocol offered by Stratos in conjunction with the Canadian and Australian Land Earth Stations provides
this capability while U.S. LESs cannot. Stratos also has informed us that the U.S. Navy again has
reiterated its urgent need by next month for Inmarsat STU-III at 9.6 kilobits per second and they can only
obtain this service from Stratos.

     4.  COMSAT filed a petition to deny Stratos' special temporary authority application, arguing the
following five points: 1) the Inmarsat Act bars Stratos' request for an STA; 2) there is no "urgent need" for
Stratos' to use foreign LESs; 3) Stratos has a contractual obligation with COMSAT, through its subsidiary
IDB Mobile Communications, Inc.,  to route all U.S.-originated Inmarsat-M and -B traffic through
COMSAT's LESs; 4) Stratos' use of STU-III technology is the subject of a patent infringement lawsuit;
and 5) Stratos' STA request is unduly broad.  As discussed below, we find that COMSAT's arguments are
without merit, and the granting of Stratos' STA request will serve the public interest, pending action on
Stratos application for permanent authority.

                         III.  Discussion

     5.  Stratos has provided ample evidence in support of its request for special temporary authority. 
The record clearly shows that DOD, and in particular the U.S. Navy, has an urgent need for the type of
Inmarsat -B and -M STU-III services Stratos is requesting authority to provide. COMSAT states that it
can provide an alternative type of STU-III service, but the record does not support this claim.  Both DOD
and the U.S. Navy have clearly stated that they need the type of STU-III capabilities offered by Stratos,
and there is no evidence to support COMSAT's claim that it can offer a viable substitute. Instead,
COMSAT offers a higher cost, slower speed service that DOD states does not meet its needs. Therefore,
we find that Stratos has met its threshold burden of demonstrating the urgent need for grant of its request
for special temporary authority.

     6.  We do not find persuasive COMSAT's arguments that the Maritime Satellite Act does not
permit authorization of Stratos to provide these services, even on a temporary basis. When alternative U.S.
facilities have not been available, the Commission has routinely issued authorizations for the provision of
U.S.-originated Inmarsat services, including Inmarsat-B and -M, from foreign land earth stations operated
by foreign Signatories of Inmarsat.  Stratos has clearly demonstrated that alternative facilities are not
available to meet DOD's needs.  Therefore, the public interest would be served by granting Stratos' request
for special temporary authority to use foreign LESs to provide the services DOD needs.

     7.  Finally, COMSAT argues that the STA request must be denied because of contractual
obligations between COMSAT and Stratos, and because of a patent dispute between COMSAT and the
U.S. Government. We agree with Stratos that COMSAT's arguments are outside of the scope of issues we
should consider in this proceeding.  Whether Stratos is barred from providing this service due to a
contractual agreement between IDB Mobile and COMSAT is a matter best left to the courts to decide. 
COMSAT has already brought similar contractual claims against Stratos before the courts which have
ruled in favor of Stratos. Likewise we will not consider the patent dispute within the context of this
proceeding.  

     8.  We emphasize, however, that our actions here are without prejudice to whatever action we
might take on Stratos' underlying Section 214 application for permanent authority to provide U.S.
originated Inmarsat -B and -M services from foreign earth stations.  We note that Inmarsat will be
privatized, as early as April 15, 1999, and many of COMSAT's arguments in the context of Stratos'
Section 214 application might become moot.  Also, our grant of special temporary authority is narrowly
tailored to grant Stratos authority to serve only the needs of DOD, and therefore is not unduly broad as
COMSAT claims.

                       IV. Ordering Clauses

     9.  Accordingly, IT IS HEREBY CERTIFIED that the present and future public interest,
convenience, and necessity require a grant of the present application.  Therefore, IT IS ORDERED that
application File No. ITC-TAO-19980701-00916 IS GRANTED, and Stratos is given special temporary
authority to provide U.S.-originated fixed-to-mobile Inmarsat-B and -M services with STU-III capabilities
to the U.S. Department of Defense (DOD) via the foreign land earth stations (LESs) at Laurentides,
Canada and Perth, Australia.

     10.  IT IS FURTHER ORDERED that this STA is subject to change in any of its terms or to
cancellation in its entirety at any time upon notice, but without hearing, if in the opinion of the Commission
circumstances should so require.  

     11.  IT IS FURTHER ORDERED that this STA will automatically expire should the underlying
application for permanent authority be dismissed or denied; and is effective upon grant and will remain in
effect until further order of the Commission, but not beyond November 22, 1999.

     12.  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 the date of public notice of this Order (see
Section 1.4(b)(2)).

                         FEDERAL COMMUNICATIONS COMMISSION



                         Regina M. Keeney
                         Chief, International Bureau