DA 04-1095

April 23, 2004

Mr. Lon C. Levin

Vice President

Mobile Satellite Ventures Subsidiary LLC

10802 Parkridge Boulevard

Reston, VA 20191

> Re: Application of Mobile Satellite Ventures Subsidiary LLC for
> Authority to Launch, and Operate Replacement Mobile Satellite Service
> Space Station @ 101 W.L., Call Sign S2358, File No.
> SAT-AMD-20040209-00014.

Dear Mr. Levin:

On February 9, 2004, Mobile Satellite Ventures Subsidiary LLC (MSV)
filed an amendment to its pending application[^1] for its next
generation Mobile-Satellite Service (MSS) system to request an
additional 50 megahertz of spectrum in each direction for feeder links
in Ku-band frequencies (10.70-10.75 GHz (downlink) and 13.15-13.20 GHz
(uplink)) which are subject to the Appendix 30B Plan of the
International Telecommunication Union.[^2] For the reasons discussed
below, we dismiss the amendment as defective without prejudice to
refiling.

The Commission requires all applications for space station licenses to
be substantially complete when they are filed. Applications that are not
substantially complete are returned to the applicant without further
processing.[^3] The Commission's Part 25 Rules set forth various
information requirements that applicants must provide in their space
station applications.[^4] In particular, for applicants requesting
launch and operating authority for space stations in the Fixed-Satellite
Service (FSS), Sections 25.140 and 25.114 of the Commission's rules
require, among other things, an interference analysis.[^5] The
interference analysis must demonstrate that the proposed FSS satellite
system will be compatible with the Commission's two-degree orbital
spacing environment. On December 3, 2003, the International Bureau
released a Public Notice clarifying the types of showings that must be
provided and stating that applications filed after December 3, 2003 that
do not contain this analysis will be dismissed as incomplete.[^6]

MSV did not submit an interference analysis with its February 2004
amendment. An interference analysis, which falls under the method
described in Option 3 in the Public Notice, shows the potential for
interference into and from carriers of adjacent satellites spaced 2
degrees away from the proposed satellite.[^7] This analysis must include
the r.f. characteristics of both interfering and interfered with
carriers, as well as the resulting interference potential, such that the
Commission or other applicants in the future course of consideration of
this application can complete the analysis.[^8] This information was not
provided in the amendment. Consequently, MSV's amendment is defective
under Section 25.114(b) of the Commission's rules, 47 C.F.R. § 25.114(b)
and must be returned pursuant to Section 25.112(a), 47 C.F.R. §
25.112(a).

Finally, MSV has recently requested clarification that the inclusion of
another application[^9] in a March 26, 2004 Public Notice[^10] does not
alter the Commission's first come, first served processing of
applications for geostationary satellite orbit space stations. [^11] As
MSV notes, the mere appearance of an application on a Public Notice as
acceptable for filing does not alter our policies regarding the
processing of applications.[^12] In fact, the Public Notice referenced
by MSV specifically included language to that effect.[^13]

Accordingly, pursuant to the Commission's rules on delegated authority,
47 C.F.R. § 0.261(a)(4), we find that MSV's amendment, File No.
SAT-AMD-20040209-00014, is defective. We therefore dismiss this
amendment without prejudice to refiling.[^14]

Sincerely,

Thomas S. Tycz

Chief, Satellite Division

International Bureau

cc: Bruce D. Jacobs

Shaw Pittman LLP

2300 N Street, NW

Washington, D.C. 20037

Pantelis Michalopolous

Steptoe & Johnson

1330 Connecticut Avenue, NW

Washington, DC 20036-1795

[^1]: *See* Amendment of Mobile Satellite Ventures Subsidiary LLC, File
    No. SAT-AMD-20031118-00335 (filed November 18, 2004). MSV filed its
    original application for a replacement satellite in July 1998. *See*
    application of AMSC Subsidiary Corporation, File No.
    SAT-LOA-19980702-00066 (July 02, 1998). On December 14, 2000, MSV
    filed an amendment requesting authority to use an additional 250 MHz
    of Ku-band spectrum in each direction for feeder links. *See*
    Amendment of Motient Services, Inc. SAT-AMD-20001214-00171*.* MSV
    also filed an amendment to (i) assign licenses and pending
    applications of Motient Services, Inc. (Motient) to Mobile Satellite
    Ventures Subsidiary LLC; (ii) modify Motient's licenses and pending
    applications to permit MSV to operate using certain
    Canadian-licensed facilities; and (iii) launch and operate the next
    generation mobile satellite system. *See* Amendment of Motient
    Services, Inc. SAT-AMD-20010302-00019 (March 2, 2001).

[^2]: *See* *Provisions and associated Plan for the fixed-satellite
    service in the frequency bands 4500-4800 MHz, 6725-7025 MHz,
    10.70-10.95 GHz, 11.20-11.45 GHz and 12.75-13.25 GHz*, International
    Telecommunication Union APPENDIX 30B.

[^3]: *See e.g.*, Amendment of the Commission\'s Space Station Licensing
    Rules and Policies, *First Report and Order and Further Notice of
    Proposed Rulemaking*, IB Docket No. 02-34, 18 FCC Rcd 10760, 10852
    (para. 244) (2003) (*First Space Station Reform Order*) *citing*
    Amendment of the Commission's Space Station Licensing Rules and
    Policies*, Notice of Proposed Rulemaking,* IB Docket No. 02-34, 17
    FCC Rcd 3847, 3875 (para. 84) (2002).

[^4]: ^?^ *See* 47 C.F.R. Part 25.

[^5]: ^?^ 47 C.F.R. § 25.140(b)(2) and § 25.114 (c)(17).

[^6]: *See* Clarification of 47 C.F.R. § 25.140(b)(2), Space Station
    Application Interference Analysis, *Public Notice,* No. SPB-195, DA
    03-3863 (rel. Dec. 3, 2003).

[^7]: *See* 47 C.F.R. § 25.140; Licensing of Space Stations in the
    Domestic Fixed-Satellite Service and Related Revisions of Part 25 of
    the Rules and Regulations, *Report and Order*, CC Docket No. 81-704,
    FCC 83-184, 54 Rad. Reg. 2d 577 (rel. Aug. 16, 1983); *summary
    printed in* Licensing Space Stations in the Domestic Fixed-Satellite
    Service, 48 F.R. 40233 (rel. Sept. 6, 1983) (*Two Degree Spacing
    Order*).

[^8]: ^?^ Submission of the tabular results generated by the Sharp,
    Adjacent Satellite Interference Analysis (ASIA) program meet the
    requirement for this analysis.

[^9]: File No. SAT-LOA-20040210-00015.

[^10]: Satellite Space Applications Accepted for Filing, Policy Branch
    Information, Public *Notice*, Report No. SAT-00203 (rel. March 26,
    2004) (*March 26 Accepted for Filing PN*).

[^11]: *Ex Parte* Letter to Ms. Marlene H. Dortch, Secretary, Federal
    Communications Commission, from Mr. Lon C. Levin, Vice President,
    Mobile Satellite Ventures, Subsidiary, LLC, dated April 14, 2004.

[^12]: *See First Space Station Reform Order,* 18 FCC Rcd 10760.

[^13]: *March 26 Accepted for Filing PN* (noting that "\[c\]onsideration
    of each satellite application in this Public Notice may depend on
    the Commission\'s action on another satellite application earlier in
    the queue.").

[^14]: MSV would not be charged an application fee if it refiles an
    identical amendment with the exception of including the missing
    technical analysis. *See* 47 C.F.R. § 1.1109(d).