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Returned Spectrum in the 2 GHZ MSS Frequency Bands

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Released: May 22, 2013

Federal Communications Commission

DA 13-1193

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Use of Returned Spectrum in the 2 GHz Mobile
)
IB Docket No. 05-220
Satellite Service Frequency Bands
)
IB Docket No. 05-221
)

ORDER

Adopted: May 22, 2013

Released: May 22, 2013

By the Acting Chief, Satellite Division, International Bureau:
1.
By this Order, we dismiss the “Consolidated Petition for Reconsideration of Inmarsat
Ventures Limited and Inmarsat Global Limited” filed in the above-captioned proceedings on January 9,
2006.1 We take this action pursuant to the AWS-4 Report and Order2 and the related Order of
Modification
.3
2.
In 2006, Inmarsat Ventures Limited and Inmarsat Global Limited (Inmarsat) filed a
consolidated petition for reconsideration seeking reconsideration of two Commission Orders. The first
Order granted the requests of two Mobile Satellite Service (MSS) system operators, now known as
Gamma Acquisition L.L.C. (Gamma) and New DBSD Satellite Services G.P (New DBSD), for
reservation4 of the available 2 GHz band MSS frequencies.5 The second Order dismissed Inmarsat’s
request for reservation of 2 GHz spectrum for an MSS system to serve the United States.6

1 Inmarsat Ventures Limited and Inmarsat Global Limited, Consolidated Petition for Reconsideration of Inmarsat
Ventures Limited and Inmarsat Global Limited, IB Docket Nos. 05-220 and 05-221 (filed Jan. 9, 2006) (Inmarsat
Consolidated Petition
).
2 See Service Rules for Advanced Wireless Services in the 2000-2020 MHz and 2180-2200 MHz Bands, WT Docket
Nos. 12-70 and 04-356, ET Docket No. 10-142, Report and Order and Order of Proposed Modification, 27 FCC
Rcd 16102, 16220-22, 16224, at ¶¶ 319-22, 331-22 (2012) (AWS-4 Report and Order).
3 Service Rules for Advanced Wireless Services in the 2000-2020 MHz and 2180-2200 MHz Bands, WT Docket
Nos. 12-70 and 04-356, ET Docket No. 10-142, Order of Modification, DA 13-231 (rel. Feb. 15, 2013) (Order of
Modification
).
4 The spectrum reservation mechanism was developed to facilitate the participation of non-U.S. licensed satellite
systems in the FCC licensing process, even though such systems were not seeking a U.S. space station license. As
such, favorable action on a letter of intent filing is in the nature of a policy statement or declaratory ruling with
respect to the availability of spectrum for future licensing of U.S. earth stations that would operate with the non-U.S.
licensed space station. New DBSD Satellite Services G.P., Debtor-in-Possession, Transferor, and New DBSD
Satellite Services G.P., Transferee, Transfer of Control of Earth Station and Ancillary Terrestrial Component
Licenses and Conforming Modifications to Commission Records, Order, 25 FCC Rcd 13664, 13667 n.18 (Int’l.
Bur. 2010). The FCC subsequently granted earth station licenses to Gamma and New DBSD. See New ICO
Satellite Services G.P., Application for Blanket Authority to Operate Ancillary Terrestrial Component Base Stations
and Dual-mode MSS/ATC Mobile Terminals in the 2 GHz MSS Bands, Order and Authorization, 24 FCC Rcd 171
(2009); TerreStar Networks Inc., Application for Blanket Authority to Operate Ancillary Terrestrial Component
Base Stations and Dual-Mode MSS/ATC Mobile Terminals in the 2 GHz MSS Bands, Order and Authorization, 25
FCC Rcd 228 (2010).
(continued....)

Federal Communications Commission

DA 13-1193

3.
In December 2012, the Commission issued the AWS-4 Report and Order. The AWS-4
Report and Order adopted an approach for the 2 GHz band that relies upon rapid terrestrial build-out,
with potential loss of MSS interference protection in the event terrestrial services are not built out. The
Commission stated in the AWS-4 Report and Order that this approach is not compatible with deployment
of additional MSS systems in the band.7 The AWS-4 Report and Order delegated authority to the
International Bureau to dismiss the Inmarsat Consolidated Petition once the incumbent 2 GHz MSS
licensees accept the modified licenses authorizing AWS-4 operations.8 On January 22, 2013, Gamma and
New DBSD stated they would not protest the proposed license modifications. On February 15, 2013, the
Chiefs of the Satellite Division, International Bureau and the Broadband Division, Wireless
Telecommunications Bureau issued an Order of Modification modifying Gamma’s and New DBSD’s
licenses.9
4.
Based on the record in this matter, the Commission’s decision in the AWS-4 Report and
Order, and the Order of Modification, the Inmarsat Consolidated Petition is ripe for dismissal.
5.
Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 405 of the Communications
Act of 1934, 47 U.S.C. §§ 154(i), 405, and Section 1.106 of the Commission’s Rules, 47 C.F.R. § 1.106,
that the Consolidated Petition for Reconsideration of Inmarsat Ventures Limited and Inmarsat Global
Limited, filed in IB Docket Nos. 05-220 and 05-2201, is DISMISSED.
6.
This action is taken under delegated authority pursuant to Sections 0.51, and 0.261 of the
Commission’s Rules, 47 C.F.R. §§ 0.51, and 0.261.
FEDERAL COMMUNICATIONS COMMISSION
Fern J. Jarmulnek
Acting Chief, Satellite Division,
International Bureau

(...continued from previous page)
5 Use of Returned Spectrum in the 2 GHz Mobile Satellite Service Frequency Bands, Order, 20 FCC Rcd 19696
(2005).
6 Inmarsat Global Limited, Petition for Declaratory Ruling to Provide Mobile Satellite Service to the United States
Using the 2 GHz and Extended Ku-Bands, Order, 20 FCC Rcd 19409 (2005).
7 AWS-4 Report and Order, 27 FCC Rcd at 16164, n. 468.
8 Id. at 16164, n. 468 and 16224, ¶ 336.
9 Order of Modification at 2-3, ¶¶ 6, 7-10.
2

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