PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 DA 98-168 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: January 30, 1998 EX PARTE PROCEDURES ESTABLISHED FOR FORMAL COMPLAINT FILED BY IDB MOBILE COMMUNICATIONS, INC. AGAINST COMSAT CORPORATION (FILE NO. E-97-48), AND IDB MOBILE COMMUNICATION, INC.'S, APPLICATION PURSUANT TO SECTION 214 FOR AUTHORITY TO PROVIDE MOBILE-TO-FIXED AND FIXED-TO-MOBILE INMARSAT STANDARD M, MINI M AND STANDARD B MOBILE SATELLITE SERVICE VIA THE INMARSAT SYSTEM IN THE ATLANTIC AND PACIFIC OCEAN REGIONS (FILE NO. ITC-97-594) On September 24, 1997, IDB Mobile Communications, Inc. ("IDB") filed an application, File No. ITC-97-594, pursuant to Section 214 of the Communications Act (the "Act"), 47 U.S.C.  214, seeking authority to provide facilities-based mobile-to-fixed and fixed-to-mobile Inmarsat Standard M, mini M, and Standard B mobile satellite service ("MSS") through the Inmarsat System in the Atlantic Ocean East and West Regions and the Pacific Ocean Region. On October 10, 1997, the Commission issued a Public Notice establishing the pleading cycle for comments and reply comments pursuant to Section 214(b) of the Act, 47 U.S.C.  214(b). COMSAT Corporation ("COMSAT") filed its comments on November 7, 1997, and IDB filed its reply comments on November 21, 1997. COMSAT filed its response comments on December 4, 1997. COMSAT's comments, IDB's reply comments, and COMSAT's response comments allege and discuss the terms and conditions of IDB's contractual obligation to COMSAT to route all U.S. Inmarsat-M, -B, and mini M traffic to COMSAT's land earth stations ("LESs") through September 1, 1999; COMSAT's position as a monopoly provider of ground segment services for U.S.-originated fixed-to-mobile Inmarsat M and B services; and the possession by COMSAT of a legal monopoly over space segment services for U.S. originated fixed-to-mobile Inmarsat services. The Section 214 application proceeding is designated permit- but-disclose for purposes of the Commission's ex parte rules. See 47 C.F.R.  1.1206(a)(5); see also, Amendment of 47 C.F.R.  1.1200 et seq., Concerning Ex Parte Presentations in Commission Proceedings, GC Docket No. 95-21, Report and Order, 12 FCC Rcd 7348 (1997). On September 25, 1997, IDB filed a formal complaint, File No. E-97-48, against COMSAT. In the complaint, IDB alleges, inter alia, that: COMSAT has violated Sections 201(b) and 202(a) of the Act, 47 U.S.C.  201(b), 202(a), by charging higher prices to carriers in the United States than the prices COMSAT offers to carriers operating abroad for the same services; COMSAT's rates and pricing differential are unreasonable and cannot be justified by either costs or competitive necessity; COMSAT, being the de facto monopoly provider of U.S.- originated fixed-to-mobile Inmarsat M and B services, sets monopoly price for these services, such as the rate that COMSAT charges IDB to provide certain Inmarsat MSS services under the terms of IDB and COMSAT's contractual agreement. The formal complaint is restricted for purposes of the Commission's ex parte rules. See 47 C.F.R. 1.1208. Upon review, it appears that IDB's Section 214 application and IDB's formal complaint raise similar and interrelated issues. As a practical matter, we would be unable to fully and expeditiously resolve the Section 214 application proceeding if the complaint proceeding continues to be conducted as a restricted proceeding. Therefore, in order to preserve the staff's ability to discuss and obtain information needed to resolve the issues in the Section 214 application proceeding during the pendency of the formal complaint proceeding, we are modifying the ex parte procedures applicable to IDB's complaint proceeding. Pursuant to Section 1.1200(a) of the Commission's rules, 47 C.F.R.  1.1200(a), we find, in this particular instance, that the public interest in fully and expeditiously resolving the significant issues raised in the two proceedings would be served by applying to the complaint proceeding the "permit but disclose" procedures set forth in Section 1.1206 of the Commission's rules, 47 C.F.R.  1.1206. Accordingly, this Public Notice establishes that IDB's formal complaint proceeding is a "permit but disclose" proceeding for purposes of the Commission's ex parte rules. Consistent with this Public Notice, all parties making ex parte presentations in either proceeding shall file any written ex parte presentations and summaries of oral ex parte presentations in both the Section 214 application proceeding (File No. ITC-97-594), and the formal complaint proceeding (File No. E-97-48), in accordance with the procedures established in Section 1.1206. Two copies of any written ex parte presentation made or, if oral, an original and one copy of a memorandum that summarizes the oral ex parte presentation, must be submitted to the Secretary for inclusion in the public record, with copies to the Commissioners or Commission employees involved in the oral presentation. These memoranda must contain a summary of the substance of the ex parte presentation and not merely a listing of the subjects discussed. All such filings should be clearly captioned as ex parte presentations, should reference the appropriate file number of each proceeding, and must be filed no later than the next business day after the presentation. All parties who made ex parte presentations in IDB's Section 214 application proceeding prior to this Public Notice, are hereby directed to file in the formal complaint proceeding copies of such written ex parte presentations and summaries of oral ex parte presentations within seven days of this Public Notice, in accordance with the procedures set forth in Section 1.1206. Questions relating to the formal complaint may be directed to Sumita Mukhoty, Common Carrier Bureau, at (202) 418-0960. The formal complaint materials are available for inspection and copying in the Enforcement Division, Formal Complaints and Investigations Branch, Room 6120, 2025 M Street, N.W., Washington, DC 20554. Questions relating to IDB's Section 214 application for authority to provide mobile-to-fixed and fixed-to-mobile Inmarsat Standard M, Mini M and Standard B MSS via the Inmarsat system in the Atlantic and Pacific Ocean regions may be directed to Robert C. McDonald, International Bureau, at (202) 418-1470. IDB's Section 214 application, and the comments, reply and response comments will be available for public inspection during regular business hours in the FCC's International Bureau Reference Room, Room 100, 2000 M Street, N.W., Washington, D.C. 20554. Copies can also be obtained from ITS at 1231 20th Street, N.W., Washington, D.C. 20036, or by calling (202) 857-3800. -FCC