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 PUBLIC  NOTICE  FEDERAL  COMMUNICATIONS  COMMISSION  445  12th  STREET  S.  W.  WASHINGTON,  D.  C.  20554  News  media  information  202/  418-  0500  Fax-  On-  Demand  202/  418-  2830  Internet:  http://  www.  fcc.  gov  ftp.  fcc.  gov 
 DA  06-  377  Released:  February  17,  2006 
 OFFICE  OF  ENGINEERING  AND  TECHNOLOGY  DECLARES  INMARSAT,  INC.  APPLICATION  FOR  LICENSE  IN  THE  EXPERIMENTAL  RADIO  SERVICE  TO  BE  A 
 "PERMIT-  BUT-  DISCLOSE"  PROCEEDING  FOR  EX  PARTE  PURPOSES 


 On  February  7,  2006,  Inmarsat,  Inc.  filed  an  application  (File  No.  0059-  EX-  PL-  2006)  for  a  license  for  a  new  station  in  the  Experimental  Radio  Service.  Inmarsat  states  that  its  parent 
 company,  Inmarsat  plc,  owns  a  fleet  of  L-  band  Mobile-  Satellite  Service  (“  MSS”)  satellites  over  which  it  offers  the  Broadband  Global  Area  Network  (“  BGAN”)  service  in  other  parts  of  the 
 world.  Inmarsat  plans  ultimately  to  offer  BGAN  service  in  the  United  States  over  the  Inmarsat-4F2  satellite.  By  its  application,  Inmarsat  seeks  authority  to  operate  four  different  types  of 
 mobile  earth  terminals  in  conjunction  with  the  Inmarsat-  4F2  satellite  in  order  to  allow  Inmarsat,  its  manufacturers,  distributors,  and  resellers  to:  (i)  conduct  technical  demonstrations  and  testing 
 of  BGAN  service  and  these  terminals  to  ensure  that  performance  is  in  accordance  with  design  specifications;  (ii)  demonstrate  performance  of  the  terminals  to  prospective  purchasers;  and  (iii) 
 perform  limited  market  studies.  1 
 On  February  9,  2006,  Mobile  Satellite  Ventures  Subsidiary  LLC  (“  MSV”)  filed  a  motion  to  designate  the  status  of  this  licensing  proceeding  under  the  ex  parte  rules  as  “permit-  but-disclose.” 
 2  MSV  alleges  that  Inmarsat’s  proposal  to  test  and  demonstrate  terminals  with  an 
 “uncoordinated”  3  Inmarsat-  4  satellite  in  the  L-  band  raises  policy  and  complex  technical  issues  that  are  intertwined  with  similar  applications  pending  before  the  Office  of  Engineering  and 


 1  Inmarsat  Application,  File  No.  0059-  EX-  PL-  2006,  Response  to  Question  7. 
 2  See  Section  1.1206  of  the  Commission’s  Rules,  47  C.  F.  R.  §  1.1206. 
 3  In  opposing  the  HNS  and  ARINC  applications,  infra  note  4,  MSV  has  alleged  that  the  proposed  frequencies  were 
 coordinated  for  MSV’s  own  use  under  a  1999  spectrum  sharing  arrangement,  then  loaned  to  Inmarsat  on  a  temporary  basis,  but  Inmarsat  now  refuses  to  refrain  from  using  these  frequencies  on  its  Inmarsat  4  satellites. 
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 2 
 Technology  and  the  International  Bureau.  4  These  similar  applications  have  been  designated  as  permit-  but-  disclose  proceedings.  5 
 Based  on  the  record,  OET  concludes  that  in  order  to  permit  a  fuller  exchange  on  the  important  issues  raised  by  the  application,  the  public  interest  would  be  served  by  classifying  the  instant 
 experimental  radio  licensing  proceeding  as  "permit-  but-  disclose"  for  ex  parte  purposes  in  accordance  with  Section  1.1200(  a)  of  the  Commission's  rules  and  subject  to  the  requirements 
 under  Section  1.1206(  b)  of  the  rules.  6 
 In  order  to  facilitate  full,  efficient,  and  timely  consideration  of  the  issues,  OET  encourages  parties  with  common  interests  on  the  issues  to  work  together  and  file  joint  submissions  to  the 
 Commission  whenever  possible. 
 Persons  making  oral  ex  parte  presentations  are  reminded  that  memoranda  summarizing  the  presentation  must  contain  a  summary  of  the  substance  of  the  presentation  and  not  merely  a 
 listing  of  the  subjects  discussed.  More  than  a  one  or  two  sentence  description  of  the  views  and  arguments  presented  is  generally  required.  See  47  C.  F.  R.  §  1.1206(  b)(  2).  Other  rules  pertaining 
 to  oral  and  written  presentations  are  set  forth  in  Section  1.1206(  b)(  2). 
 Parties  are  encouraged  to  make  any  ex  parte  contacts  or  submissions  within  30  days  of  this  notice,  to  ensure  their  timely  consideration  prior  to  any  further  actions  on  the  subject 
 applications. 
 For  further  information,  contact  Charles  Iseman,  Deputy  Chief,  Electromagnetic  Compatibility  Division,  OET,  charles.  iseman@  fcc.  gov,  (202)  418-  2444. 


 Office  of  Engineering  and  Technology 


 4  See  MSV  Motion  at  n.  2  (citing  the  following  applications:  Hughes  Network  Systems  Sub  LLC  (“  HNS”),  File  No. 
 0137-  EX-  ML-  2005  (November  15,  2005);  Aeronautical  Radio,  Inc.  (“  ARINC”),  File  No.  0327-  EX-  PL-  2005  (November  8,  2005);  Stratos  Communications,  Inc.,  File  No.  SES-  LFS-  20050826-  01175  (August  26,  2005); 


 Telenor  Satellite,  Inc.,  File  No.  SES-  LFS-  20050930-  01352  (September  30,  2005);  and  FTMSC  US,  LLC,  File  No.  SES-  LFS-  20051011-  01396  (October  11,  2005). 


 5  See  Public  Notice,  DA  05-  3177,  released  December  12,  2005  (OET);  and  Public  Notice,  Report  No.  SES-  00767, 
 released  November  16,  2005  (IB). 
 6  47  C.  F.  R.  §§  1.1200(  a)  and  1.1206(  b).  To  the  extent  the  applications  cited  by  MSV,  supra  note  4,  raise  similar 


 policy  and  technical  issues,  designating  the  instant  applications  as  permit-  but-  disclose  also  promotes  the  public  interest  by  enabling  the  administrative  efficiency  that  results  from  affording  all  these  applications  similar  treatment 


 under  the  ex  parte  rules. 
2