**FCC 05-133**

**Released: June 29, 2005**

**COMMISSION INVITES COMMENTS**

**CONCERNING USE OF PORTIONS OF RETURNED 2 GHz**

**MOBILE SATELLITE SERVICE FREQUENCIES**

**IB Docket No. 05-220**

**Comment Date: July 13, 2005**

**Reply Comment Date: July 25, 2005**

Recently, three 2 GHz mobile satellite service (MSS)[^1] satellite
operators surrendered their authorizations\--Iridium LLC (Iridium) on
March 16, 2005, The Boeing Company (Boeing) on March 28, 2005, and
Celsat America, Inc. (Celsat) on April 12, 2005.[^2] As a result, there
are now two satellite operators authorized to provide MSS in the 2 GHz
band, ICO Satellite Services (ICO), and TMI Communications and Company
Limited Partnership (TMI), and there is unassigned spectrum in those
bands. Several parties have already submitted letters to the Commission
recommending various uses for the newly available spectrum, or
addressing other issues related to those recommendations.[^3]

We intend to modify the spectrum reservations of ICO and TMI, consistent
with the Commission's authority with respect to licensees under Section
316 of the Communications Act,[^4] such that ICO and TMI each will have
one-third of the forty megahertz of spectrum in the 2 GHz MSS bands.[^5]
Consistent with Section 316, ICO and TMI may file with respect to this
modification within 30 days. Also consistent with Section 316 a copy of
this Public Notice is being served on ICO and TMI. Any licensee or
permittee who believes its license will be modified by the proposed
action may also protest the proposed action. Although we are not
required to seek additional comment under Section 316, we find in this
case that it would be in the public interest to do so.

*Ex Parte Presentations.* This is a permit-but-disclose proceeding*. Ex
parte* presentations are permitted, provided they are disclosed as
provided in Sections 1.1202, 1.1203, and 1.1206(a) of the Commission's
Rules, 47 C.F.R. Sections 1.1202, 1.1203, and 1.1206(a).

*Comments*: Interested parties may file comments and reply comments on
or before the dates indicated on the first page of this document.
Comments may be filed using: (1) the Commission's Electronic Comment
Filing System (ECFS), (2) the Federal Government's eRulemaking Portal,
or (3) by filing paper copies. *See Electronic Filing of Documents in
Rulemaking Proceedings*, 63 FR 24121 (1998).

-   Electronic Filers: Comments may be filed electronically using the
    Internet by accessing the ECFS: <http://www.fcc.gov/cgb/ecfs/> or
    the Federal eRulemaking Portal:
    [http://www.regulations.gov](http://www.regulations.gov/). Filers
    should follow the instructions provided on the website for
    submitting comments.

    -   For ECFS filers, if multiple docket or rulemaking numbers appear
        in the caption of this proceeding, filers must transmit one
        electronic copy of the comments for each docket or rulemaking
        number referenced in the caption. In completing the transmittal
        screen, filers should include their full name, U.S. Postal
        Service mailing address, and the applicable docket or rulemaking
        number. Parties may also submit an electronic comment by
        Internet e-mail. To get filing instructions, filers should send
        an e-mail to <ecfs@fcc.gov>, and include the following words in
        the body of the message, "get form." A sample form and
        directions will be sent in response.

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-   Paper Filers: Parties who choose to file by paper must file an
    original and four copies of each filing. If more than one docket or
    rulemaking number appears in the caption of this proceeding, filers
    must submit two additional copies for each additional docket or
    rulemaking number.

> Filings can be sent by hand or messenger delivery, by commercial
> overnight courier, or by first-class or overnight U.S. Postal Service
> mail (although we continue to experience delays in receiving U.S.
> Postal Service mail). All filings must be addressed to the
> Commission's Secretary, Office of the Secretary, Federal
> Communications Commission.

-   The Commission's contractor will receive hand-delivered or
    messenger-delivered paper filings for the Commission's Secretary at
    236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The
    filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand
    deliveries must be held together with rubber bands or fasteners. Any
    envelopes must be disposed of [before]{.underline} entering the
    building.

-   Commercial overnight mail (other than U.S. Postal Service Express
    Mail and Priority Mail) must be sent to 9300 East Hampton Drive,
    Capitol Heights, MD 20743.

-   U.S. Postal Service first-class, Express, and Priority mail should
    be addressed to 445 12^th^ Street, SW, Washington DC 20554.

People with Disabilities: Contact the FCC to request materials in
accessible formats (braille, large print, electronic files, audio
format, etc.) by e-mail at <FCC504@fcc.gov> or call the Consumer &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).

Action by the Commission, June 27, 2005: Chairman Martin; Commissioners
Abernathy, Copps, and Adelstein.

\- FCC -

[^1]: The spectrum designated for 2 GHz MSS is the 2000-2020 MHz and
    2180-2200 MHz bands. Amendment of Part 2 of the Commission's Rules
    to Allocate Spectrum Below 3 GHz for Mobile and Fixed Services to
    Support the Introduction of New Advanced Wireless Services,
    including Third Generation Wireless Systems, *Third Report and
    Order, Third Notice of Proposed Rulemaking, and Second Memorandum
    Opinion and Order*, ET Docket No. 00-258, 18 FCC Rcd 2223 (2003)
    (*Third AWS Order*).

[^2]: Letter from Peter D. Shields, Counsel to Iridium, to Secretary,
    FCC (dated Mar. 16, 2005); Letter from Joseph P. Markoski and Bruce
    A. Olcott, Counsel for The Boeing Company, to Secretary, FCC (dated
    Mar. 28, 2005). Letter from David D. Otten, Chairman and Chief
    Executive Officer, Celsat, to Secretary, FCC (dated Apr. 12, 2005).

[^3]: Letter from Gregory C. Staple, Counsel for TMI, to Donald Abelson,
    Chief, International Bureau (dated Apr. 19, 2005); Letter from
    Suzanne Hutchings Malloy, Senior Regulatory Counsel for ICO, to
    Donald Abelson, Chief, International Bureau (dated May 3, 2005);
    Letter from Diane Cornell, CTIA, to Secretary, FCC (dated May 19,
    2005); Letter from Gregory C. Staple, Counsel for TMI, to Secretary,
    FCC (dated May 24, 2005); Letter from Diane Cornell, CTIA, to
    Secretary, FCC (dated June 1, 2005).

[^4]: 47 U.S.C. § 316.

[^5]: The remaining third of the 2 GHz MSS band spectrum will be
    addressed separately.