**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Stratos Mobile Networks (USA), LLC )

and )

Marine Satellite Services, Inc. )

)

Petition for Waiver of )

Section 20.15(d) of the )

Commission\'s Rules )

)

)

**ORDER**

**Adopted: January 14, 2000 Released: January 18, 2000**

By the Deputy Chief, Commercial Wireless Division, Wireless
Telecommunications Bureau:

1\. On December 29, 1999, the Commercial Wireless Division released an
order granting a petition for waiver of Section 20.15(d) of the
Commission's rules, 47 C.F.R. 20.15(d), to Stratos Mobile Networks
(USA), LLC and Marine Satellite Services, Inc. (Stratos).[^1] We now
find that the decision granting Stratos's petition for waiver relied
upon two previous orders, the *GTE Waiver Order* and *Iridium Waiver
Order*, [^2] that are distinguishable.

2.  As explained in the *CMRS Forbearance Order*, the Commission
    maintained its international tariff requirement on affiliated routes
    in order to detect and monitor anticompetitive price squeeze
    behavior.[^3] In both the *GTE Waiver Order* and the *Iridium Waiver
    Order*, the international rates of the petitioners were
    postalized.[^4] In situations in which there are postalized rates,
    the international rate does not vary based upon the international
    route and does not vary based upon an affiliation with a foreign
    carrier. Therefore, with postalized rates, there is no potential for
    price squeeze behavior. Because Stratos's petition does not indicate
    that its international rates for all international routes will be
    postalized, there is a possibility Stratos's international rates
    could vary and we therefore determine that it is necessary to
    examine Stratos's petition in more detail. In light of the
    foregoing, we have, on our own motion pursuant to Section 1.113 of
    the Commission's rules, 47 C.F.R. § 1.113decided to reconsider the
    grant of the petition of waiver to Stratos. We therefore set aside
    the previous order in this matter, DA 99-3017, and will act on
    Stratos's petition for waiver in due course.

3.  Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the
    Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and
    sections 0.331 and 1.113 of the Communication\'s rules, 47 C.F.R.§§
    0.331, 1.113, the Order in the above matter, DA 99-3017 released
    December 29, 1999, is SET ASIDE.

#  Federal Communications Commission

William W. Kunze

Deputy Chief

Commercial Wireless Division

Wireless Telecommunications Bureau

[^1]: *In the Matter of Stratos Mobile Networks (USA), LLC and Marine
    Satellite Services, Inc., Petition for Waiver of Section 20.15(d) of
    the Commission's Rules*, DA 99-3017 (WTB rel. December 29, 1999).

[^2]: *In the Matter of GTE Airfone, Inc., Petition for Waiver of
    Section 20.15(d) of the Commission's Rules*, 14 FCC Rcd. 7903
    (Wireless Telecommunications Bureau, 1999) (*GTE Waiver Order*).
    *See also* *In the Matter of Iridium, U.S., L.P., Motorola Cellular
    Service, Inc., and Motorola Worldwide Information Network Services,*
    DA 99-1688 (WTB rel. August 23, 1999) (*Iridium Waiver Order*).

[^3]: *In the Matter of Personal Communications Industry Association's
    Broadband Personal Communications Services Alliance's Petition for
    Forbearance for Broadband Personal Communications Services,* WT
    Docket No. 98-100, 13 FCC Rcd 16,857 (1998) (*CMRS Forbearance
    Order*).

[^4]: In the case of GTE Airfone and Iridium, all international rates
    were *postalized,* i.e. they were the same for all countries. These
    unique facts are not present with respect to Stratos' petition.