Attachment 1997Comments Motorol

This document pretains to SAT-L/A-19941116-00070 for Launch Authority on a Satellite Space Stations filing.

IBFS_SATLA1994111600070_1080737

RECEIVED STEPTOE &]JCGHNSON ur uN 1 1 1997 O ATTORNEYS AT LAW 1330 CONNECTICUT AvENUE, N.w. Feceral Communiaations Commission m Q( Sgumly WASHINGTON, D.C. 20036—1795 PHOENIX, ARIZONA TWO RENAISSANCE SquaARE STEPTOE & JOHNSON INTERNATIONAL AFFILIATE IN MOSCow, RUssia TELEPHONE: (602) 257—5200 (202) 429—3000 FACSIMILE: (202) 429—3902 FACSIMILE: (602) 257—5299 TELEPHONE: (O1 —7—501) 258—5250 TELEX: 89—2503 FACSIMILE: (ON—7—501) 258—5251 MARC A. PAUL (202) 429—6484 mpaul@steptoe.com June 10, 1997 BY HAND DELIVERY Mr. William F. Caton, Acting Secretary Federal Communications Commission Room 222 1919 M Street, NW. Washington, DC 20554 Re: In re Application of Constellation Communications, Inc. File Nos. 159—SAT—AMEND—96, 11—SAT—LA—95, 10—SAT—AMEND—95, CSS—91—013 and 17—DSS—P—91(48) Dear Mr. Caton: On behalf of Motorola Satellite Communications, Inc. ("Motorola") enclosed please find for filing an original and five (5) copies of Motorola‘s Comments concerning the Request for Expedited Action filed conce rning the above—captioned application. Also enclosed is an additional copy of Motorola‘s Comm ents which we ask you to date stamp and return with our messenger. If you have any questions, please do not hesitate to contact me. Respectfully submitted, Mhu Ofal__ Marc A. Paul Counsel for Motorola Satellite Communications, Inc. Enclosures

RECEIVED JUN 1 1 1997 Before the O ral Communications Commission FEDERAL COMMUNICATIONS COMMISSION" Sfee i Secroury Washington, DC 20£54 In re Application of CONSTELLATION COMMUNICATIONS, File Nos. 159—SAT—AMEND—96 INC. a, 11—SAT—LA—95 10—SAT—AMEND—95, CSS—91—013 For Authority to Construct, 17—DSS—P—91(48) Launch and Operate A Low—Earth Orbit Satellite System in the 1610—1626.5/2483.5—2500 MHz Bands. COMMENTS Motorola Satellite Communications, Inc. ("Motorola") hereby submits these comments in response to the Request for Expedited Action filed by Constellation Communications, Inc. ("CCI") on May 27,1997, in support of the above—captioned application.‘" Although Motorola and others have already demonstrated that CCI‘s application does not satisfy the Commission‘s Big LEO MSS financial standard,* Motorola does not object to CCI‘s proposal that the Commission act on its application prior to the time that a decision is made on the application of Mobile Communications Holdings, Inc. ("MCHI‘). 4 CCI Motion for Expedited Action (May 27, 1997)("CCI Motion"). 2 See Motorola Consolidated Petition to Dismiss or Deny (Dec. 24, 1996); Motorola Consolidated Reply (Feb. 11, 1997); TRW Petition to Deny (Dec. 27, 1996); TRW Reply to Consolidated Opposition (Feb. 11, 1997); LQL Petition to Deny (Dec. 27, 1996); LQL Reply to Consolidated Opposition (Feb. 11, 1997).

Unlike MCHI‘s application, CCI‘s application has not materially evolved since the pleading cycle closed on its September 1996 amendment. Nor is there any evidence to suggest a need for an ex parte inquiry by the Managing Director regarding CCI‘s lobbying activities. Accordingly, CCI‘s amended application is ripe for decision. The Commission, however, must reject CCI‘s argument that its application should be granted because sufficient capacity may exist to accommodate the expansion needs of the Big LEO MSS licensees since "the Commission recently allocated 70 MHz of additional spectrum to the Mobile Satellite Service in the 1990—2025 MHz and 2165—2200 MHz bands."* The financial standard to be applied here was adopted by the Commission in the Big LEO rulemaking. It has not been reopened by the Commission‘s 2 GHz decision. Moreover, Motorola submits that it is premature to rely upon these bands as a source of spectrum for any MSS system because the Commission has "[deferred] action on technical parameters and licensing issues for MSS in the 2 GHz band."* In view of CCI‘s request for expedition, the Commission must proceed to decide CCI‘s application without reference to the as yet uncertain results of the 2 GHz proceeding. Accordingly, the Commission must focus on the Big LEO MSS bands (for which the technical and service rules have been established) as being the primary source of spectrum for existing Big LEO MSS licensees. To the extent that an applicant is not financially qualified to construct, launch and operate its proposed system, the Commission should deny it a license. To do otherwise would run the serious risk of allocating spectrum to a licensee who would warehouse the spectrum and delay prompt service to the public. With the increasing 3x CCI Motion at 6. 4 Amendment of Section 2.106 of the Commission‘s Rules to Allocate Spectrum at 2 GHz for use by the Mobile Satellite Service, FCC 97—93at[1(rel.Mar.14,1997).__________ 19

number of mobile satellite systems being proposed, the Commission cannot afford to assign scarce spectrum to an applicant unable to implement its proposed system. In sum, Motorola does not oppose CCI‘s Motion. Motorola has no objection to the Commission acting upon CCI‘s application prior to MCHI‘s application. The record on CCI‘s amended application closed several months ago, and CCI has not made any attempts to buttress its application with new material which would require a formal response from Motorola and the other parties to this proceeding. The financial deficiencies of CCI‘s application are clear and have already been pointed out by several parties. Dated: June 11, 1997 Respectfully submitted, Motorola Satellite Communications, Inc. Michael D. Kennedy .e OAl Philip L. Malet Vice President and Director Charles G. Cole Satellite Regulatory Affairs Marc A. Paul Barry Lambergman Steptoe & Johnson LLr Manager/Satellite Regulatory Affairs 1330 Connecticut Avenue, NW. Motorola, Inc. Washington, DC 20036 1350 | Street, NW. (202) 429—3000 Washington, DC 20005 (202) 371—6900 Counsel for Motorola Satellite Communications, Inc.

CERTIFICATE OF SERVICE 1, Mare A. Paul, do hereby certify that a copy of the foregoing Motorola‘s Comments has been sent, via first class mail, postage prepaid (or as otherwise indicated), on this 11th day of June, 1997 to the following: *Chairman Reed E. Hunt *Daniel M. Armstrong, Esq. Federal Communications Commission Office of the General Counsel Room 814 Federal Communications Commission 1919 M Street, N.W. Room 602 Washington, DC 20554 1919 M Street, N.W. Washington, DC 20554 *Commissioner James H. Quello Federal Communications Commission *Joel Marcus, Esq. Room 802 Litigation Division 1919 M Street, NW. Federal Communications Commission Washington, DC 20554 Room 602 1919 M Street, NW. *Commissioner Rachelle B. Chong Washington, DC 20554 Federal Communications Commission Room 844 *Julius Genachowski, Esq. 1919 M Street, N.W. Special Assistant Washington, DC 20554 Office of the Chairman Federal Communications Commission *Commissioner Susan Ness Room 814 Federal Communications Commission 1919 M Street, NW. Room 832 Washington, DC 20554 1919 M Street, NW. Washington, DC 20554 *Andrew S. Fishel Managing Director *William E. Kennard, Esq. Federal Communications Commission General Counsel Room 852 Federal Communications Commission 1919 M Street, NW. Room 614 Washington, DC 20554 1919 M Street, NW. Washington, DC 20554 *Peter Cowhey, Chief International Bureau *John 1. Riffer Federal Communications Commission Office of General Counsel Room 800 Federal Communications Commission 2000 M Street, NW. 1919 M Street, NW., Room 610 Washington, DC 20554 Washington, D.C. 20554 * Via Hand Delivery

*Ruth Milkman, Deputy Chief *Karl A. Kensinger, Esq. International Bureau International Bureau Federal Communications Commission Federal Communications Commission Room 800 Room 521 2000 M Street, NW. 2000 M. Street, NW. Washington, DC 20554 Washington, DC 20554 *John Stern, Esq. *William Bell Senior Legal Advisor to Peter Cowhey Federal Communications Bureau International Bureau Room 508 Federal Communications Commission 2000 M Street, NW. Room 800 Washington, DC 20554 2000 M Street, NW. Washington, DC 20554 Bruce D. Jacobs, Esq. *Thomas S. Tycz, Division Chief Glenn S. Richards, Esq. Satellite & Radiocommunication Division Fisher, Wayland, Cooper, Leader International Bureau & Zaragoza, LLP. Federal Communications Bureau Suite 400 Room 520 2001 Pennsylvania Avenue, N.W. 2000 M Street, NW. Washington, DC 20006—1851 Washington, DC 20554 (Counsel for AMSC) *Cassandra Thomas, Legal Assistant Mr. Lon C. Levin Satellite & Radiocommunication Division Vice President & Regulatory Counsel International Bureau American Mobile Satellite Corp. Federal Communications Bureau 10802 Parkridge Boulevard Room 520 Reston, VA 22091 2000 M Street, NW. Washington, DC 20554 Jill Abeshouse Stern, Esq. Shaw, Pittman, Potts & Trowbridge *Cecily C. Holiday, Deputy Division Chief 2300 N Street, NW. International Bureau Washington, DC 20037 Federal Communications Bureau (Counsel for Mobile Communications Room 520 Holdings, Inc.) 2000 M Street, NW. Washington, DC 20554 Mr. Geraid Helman MCHI *Fern J. Jarmulnek, Chief Suite 480 Satellite Policy Branch 1120 19th Street, NW. International Bureau Washington, DC 20036 Federal Communications Commission Room 518 2000 M. Street, NW. Washington, DC 20554

Norman P. Leventhal, Esq. Robert A. Mazer, Esq. Stephen D. Baruch, Esq. Vinson & Elkins L.L.P. Walter Jacob, Esq. Suite 700 Leventhal, Senter & Lerman 1455 Pennsylvania Avenue, NW. Suite 600 Washington, DC 20004—1008 2000 K Street, NW. (Counsel for Constellation Washington, DC 20006—1809 Communications, Inc.) (Counsel for TRW Inc.) *International Transcription Service Suite 140 William D. Wallace, Esq. 2100 M Street, NW. Crowell & Moring Washington, DC 20036 1001 Pennsylvania Avenue, NNW. Washington, DC 20004—2505 (Counsel for Loral Qualcomm Partnership, L.P.) Leslie Taylor, Esq. Leslie Taylor Associates 6800 Carlynn Court Bethesda, MD 20817—4302 (Counsel for Loral Qualcomm Partnership, L.P.) Wl Clal Marc A Paul


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Document Modified: 2014-10-08 17:29:22
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