Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | File No.                     |
|                                  | * | SES-LIC-19990318-00435       |
| TMI Communications and Company,  | ) |                              |
| L.P.                             | * |                              |
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| For Blanket Authorization to     |   |                              |
| operate up                       | * |                              |
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| 100,000 mobile satellite earth   | ) |                              |
| terminals (METs)                 | * |                              |
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| though Canadian-licensed         |   |                              |
| satellite MSAT-1 at              | * |                              |
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| 106.5 degrees W.L. in frequency  | ) |                              |
| bands                            | * |                              |
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| 1631.5-1660.5 MHz (transmit) and |   |                              |
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| 1530-1559 MHz (receive)          | * |                              |
| throughout the                   | ) |                              |
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| Continental United States,       | * |                              |
| United States                    |   |                              |
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| Territories, Alaska, and Hawaii  | * |                              |
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**ORDER AND AUTHORIZATION**

**Adopted:** September 22, 2000 **Released:** September 25, 2000

By the Chief, Satellite and Radiocommunication Division:

**I.** **Introduction**

1.  By this Order, we grant TMI Communications and Company, L.P. (TMI)
    blanket authority, subject to conditions, to operate mobile earth
    terminals (METs) to provide land and maritime mobile satellite
    service (MSS) in the United States via a Canadian-licensed satellite
    operating in portions of the L-band spectrum.[^1] Grant of this
    application will facilitate increased competition in the MSS market,
    providing U.S. consumers with additional service options as well as
    other benefits of competition such as lower prices, innovation, and
    improved service.

**II. Background**

2.  On March 18, 1999, TMI, a Canadian Company, filed an application
    requesting blanket authorization to operate up to 100,000
    full-duplex METs throughout the Untied States using TMI's
    Canadian-licensed MSAT-1 satellite.[^2] The METs will be used to
    provide tracking and asset management data services "TAMS" to land
    vehicles and maritime vessels. TMI says that these terminals are a
    new series of data METs that will provide MSS customers with
    advanced capability to track remote assets and to maintain
    information about those assets in a consistent and reliable manner.
    AMSC Subsidiary Corporation (AMSC),[^3] Space System License, Inc.
    and Iridium LLC (collectively Motorola) and Globalstar L.P.
    (Globalstar) filed Petitions to Deny the application.

**III. Discussion**

3.  In 1997, the United States, together with 68 other countries, signed
    the World Trade Organization (WTO) Agreement on Basic
    Telecommunications Services. In the WTO Agreement, the United States
    committed to open its satellite market to foreign systems licensed
    by WTO-member countries to provide fixed and mobile satellite
    services (excluding direct-to-home fixed satellite service). The
    Commission thereafter adopted the *DISCO II Order*, which implements
    procedures under which it will evaluate applications by satellite
    systems licensed by other WTO-member countries to access the U.S.
    market.[^4] In *DISCO II*, the Commission said that requests to
    serve the U.S. market would be granted, provided they are found to
    be in the public interest. In making this determination, the
    Commission said that it would take into account factors such as
    competition in the United States, spectrum availability, eligibility
    requirements, technical requirements, and national security, law
    enforcement, foreign policy and trade issues.[^5]

4.  Each of the three petitioners contends that TMI has not demonstrated
    that its operations will be consistent with the *DISCO II*
    requirements. Briefly, AMSC asserts that grant of TMI's application
    would conflict with the Commission's spectrum management policy,
    would not comport with technical requirements applicable to MSS, and
    would harm competition. In addition, AMSC says it agrees with the
    position taken by both the Department of Justice and the Federal
    Bureau of Investigation that action on TMI's application should be
    deferred until certain law enforcement and national security
    concerns are addressed. Motorola and Globalstar both contend that
    grant of the application would violate a "freeze" that the
    Commission has on applications seeking to provide MSS in the lower
    L-band. Motorola also submits that the proposed TMI earth terminals
    may cause unacceptable out-of-band interference with its MSS system
    that operates on nearby frequencies.

5.  Prior to filing this application, TMI had filed another blanket
    license application to operate a separate series of METs.[^6] AMSC,
    Motorola, and Globalstar also opposed that application. Each
    petitioner presented the same arguments that it presents now. In
    granting that application, the Commission explained at length why
    TMI (as well as SatCom Systems, Inc., a companion applicant) is
    legally qualified to hold blanket earth station authorizations and
    why TMI's operations would be consistent with the Commission's
    spectrum management, technical, and legal requirements. The
    Commission also explained that the government's law enforcement and
    national security concerns have been allayed by an agreement between
    TMI and the Executive Branch. *See SatCom Systems,* 14 FCC Rcd 20798
    (1999*), aff'd sub nom. AMSC v. FCC,* No. 99-1513 (D.C. Cir. July
    11, 2000). The petitions raise no new agruments here. Consequently,
    no further discussion is warranted.

6.  [Technical Requirements:]{.underline} TMI has met the technical
    requirements to operate the METs in full-duplex mode. We have,
    however, imposed certain conditions on TMI's operation of these METs
    to ensure TMI's compliance with these requirements. For example, in
    the upper L-Band, mobile satellite service operators must comply
    with a footnote to the U.S. Table of Frequency Allocation and a
    provision in the ITU's Radio Regulations regarding priority and
    preemptive access for Aeronautical Mobile Satellite (Route) Service
    (AMS(R)S)[^7] operation in a portion of this band.[^8] Consistent
    with these requirements, TMI's operation in the bands 1545-1558.5
    and 1646-1660 MHz is on a secondary basis to the U.S. AMS(R)S
    requirements of other U.S.-authorized MSS providers operating in
    these bands. In addition, the level of out-of band and spurious
    emissions from TMI's METs must be consistent with Section 25.202(f)
    of the Commission's Rules, 47 C.F.R. § 25.202(f), with the 1994
    Memorandum of Understanding among the Commission, the National
    Telecommunications Information Administration, and the Federal
    Aviation Administration to protect Global Navigation Satellite
    Systems (GNSS), and any applicable standards subsequently
    incorporated in the Commission's rules to protect GNSS.[^9]

**IV. Conclusion**

7.  For the reasons specified by the Commission in *SatCom Systems*, we
    find that TMI has met all the necessary technical requirements, as
    well as demonstrated that its operations will comport with the
    *DISCO II* requirements and that it is qualified to hold the blanket
    earth station authorizations requested. Consequently, we grant TMI
    authority to operate up to 100,000 full-duplex METs to provide MSS
    service in the United States over the MSAT-1 satellite using
    spectrum coordinated by Canada.

**V. Ordering Clauses**

8.  Accordingly, IT IS ORDERED that Application File
    No.SES-LIC-19990318-00435 IS GRANTED and TMI Communications and
    Company, L.P. IS AUTHORIZED to operate up to 100,000 full-duplex
    tracking and asset management data services mobile earth terminals
    through the Canadian licensed MSAT-1 space station in portions of
    the 1545-1558.5 and 1646.5-1660 MHz band coordinated for the TMI
    satellite network in the most recent annual L-band
    operator-to-operator coordination agreement, in accordance with the
    technical specifications set forth in its application and its Radio
    Station Authorization, and consistent with the Commission's rules.

9.  IT IS FURTHER ORDERED that in the absence of an annual
    operator-to-operator coordination agreement, TMI's operation in the
    1545-1558.5 and 1646.5-1660 MHz band will be on a non-interference
    basis. Consequently, in the absence of a coordination agreement, TMI
    shall not cause harmful interference to any other lawfully operating
    satellite or radio facility and shall immediately cease operations
    upon notification of such interference. Furthermore, TMI must notify
    the other four space station operators in these frequency bands that
    it will be operating on a non-interference basis. TMI must also
    notify its customers in the United States that TMI's operations are
    on a non-interference basis.

10. IT IS FURTHER ORDERED that the TMI Communications and Company, L.P.
    must comply with the provisions of the Agreement between TMI and the
    Department of Justice and the Federal Bureau of Investigation, dated
    September 10, 1999, which is designed to address national security,
    law enforcement, and public safety concerns of the Department of
    Justice and the Federal Bureau of Investigation. Nothing in the
    Agreement of the Implementation Plan is intended to limit any
    obligation imposed by Federal law or regulation including, but not
    limited to, 47 U.S.C. § 222(a) and (c)(a) and the Commission's
    implementing regulations.

11. IT IS FURTHER ORDERED that TMI Communications and Company, L.P. must
    operate its mobile earth terminals in a full-duplex mode and have
    the following minimum set of capabilities to ensure compliance with
    US Footnote 308 to Section 2.106 of the Commission's rules, 47
    C.F.R. § 2.106, and ITU Radio Regulations S5.357:

> a\. All MET transmissions shall have a priority assigned to them that
> preserves the priority and preemptive access given to aeronautical
> distress and safety-related communications sharing the band;
>
> b\. Each MET shall be assigned access to a unique technical
> identification number that will be transmitted upon any attempt to
> gain access to a system;
>
> c\. After a MET has gained access to a system the mobile terminal
> shall be under control of a Land Earth Station and shall obtain all
> channel assignments from it;
>
> d\. All METs that do not continuously monitor a separate signaling
> channel shall have provisions for signaling within the communications
> channel;
>
> e\. Each MET shall automatically inhibit its transmissions if it is
> not correctly receiving a separate signaling channel or signaling
> within the communications channel from its associated Land Earth
> Station; and
>
> f\. Each MET shall automatically inhibit its transmissions on any or
> all channels upon receiving a channel-shut-off command on a signaling
> or communications channel it is receiving from its associated Land
> Earth Station.

12. IT IS FURTHER OREDERED that, in accordance with US Footnote 308, the
    operation of TMI Communications and Company, L.P.'s METs, in the
    bands 1545-1558.5 and 1646.5-1660 MHz, is on a secondary basis to
    U.S. AMS(R)S requirements of other U.S.-authorized MSS providers
    operating in the 1545-1559 and 1646.5-1660 MHz bands.

13. IT IS FURTHER ORDERED that TMI Communications and Company, L.P. will
    be subject to any applicable out-of-band emission standards
    subsequently incorporated in the Commission's rules for protection
    of the Global Navigation Satellite Service.

14. IT IS FURTHER ORDERED that the Petitions to Deny of AMSC Subsidiary
    Corporation, Space System License, Inc. and Iridium LLC, and
    Globalstar L.P. ARE DENIED.

15. IT IS FURTHER ORDERED that this license shall not vest in the
    licensee any right to operate Earth stations or use the assigned
    frequencies beyond the term thereof or in any manner other than
    authorized herein, and neither the licensee nor the rights granted
    thereunder shall be assigned or otherwise transferred in violation
    of the Communications Act.

16. IT IS FURTHER ORDERED that the license term for the mobile earth
    terminals that are authorized by the *Order and Authorization* is
    for ten years.

17. IT IS FURTHER ORDERED that TMI Communications and Company, L.P. is
    afforded thirty days to decline this authorization. Failure to
    respond within this period will constitute formal acceptance of the
    authorization.

> **FEDERAL COMMUNICATIONS COMMISION**

Thomas S. Tycz

Chief

Satellite and Radiocommuncation Division

[^1]: The "L-band" is a general designation for frequencies from 1 to 2
    GHz. In this *Order and Authorization*, however, the term "L-band"
    denotes only the 1545-1559 MHz and 1646.5-1660.5 MHz frequency band
    ("upper L-band") and the 1525-1530 MHz, 1530-1544 MHz, and
    1626.5-1645.5 MHz frequency bands ("lower L-band"). The United
    States is the only country that distinguishes between the "upper"
    and "lower" L-band.

[^2]: A full-duplex MET can receive a data message while transmitting
    one. Conversely, a half-duplex cannot receive and transmit data
    messages simultaneously. It must finish transmitting before it can
    receive an incoming message.

[^3]: AMSC Subsidiary Corporation has since changed its name to Motient
    Services Inc.

[^4]: *See Amendment of the Commission's Regulatory Policies to Allow
    Non-U.S. Licensed Space Stations to Provide Domestic and
    International Service in the United States,* Report and Order, 12
    FCC Rcd 24094 (1997).

[^5]: *Id.* at 24100.

[^6]: *See* File No. 730-DES-P/L-98 \[IBFS File No.
    SES-LIC-19980330-00339E980179\].

[^7]: AMS(R)S is a mobile satellite service using mobile terminals
    on-board aircraft. This service can be used to support domestic and
    international air traffic, including air traffic control. The (R)
    indicates that the spectrum is used for aeronautical communications
    related to the safety and regularity of flights primarily along
    national and international civil air routes.

[^8]: Footnote US 308 of the U.S. Table of Frequency Allocations, 47
    C.F.R. § 2.106, states: "In the frequency bands 1549.5-1558.5 MHz
    and 1651-1660 MHz, the Aeronautical-Mobile-Satellite(R) requirements
    that cannot be accommodated in the 1545-1549.5 MHz, 1558.5-1559 MHz,
    1646.5-1651 MHz and 1660-1660.5 MHz bands shall have priority access
    with real-time preemptive capability for communications in the
    mobile satellite service. Systems not interoperable with the
    aeronautical mobile-satellite (R) service shall operate on a
    secondary basis." Account shall be taken of the priority of
    safety-related communications in the mobile-satellite service.
    S5.357A in the ITU's Radio Regulations has a similar priority and
    preemptive access requirement. *See also, SatCom Systems, Inc.,* 14
    FCC Rcd 20798 at ¶¶ 47-50.

[^9]: *See SatCom Systems, Inc.,* 14 FCC Rcd 20789 at ¶¶ 51-53.