Federal Communications Commission DA 10-1418 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Globalstar Licensee LLC Application for Modification of License to Extend Dates for Coming into Compliance with Ancillary Terrestrial Component Rules ) ) ) ) ) ) ) ) File No. SAT-MOD-20091214-00152 Call Sign: S2115 ORDER Adopted: July 29, 2010 Released: July 29, 2010 By the Chief, International Bureau: 1. In this Order, the International Bureau, on its own motion, grants an extension until September 15, 2010, of the deadline for Globalstar Licensee LLC (Globalstar) to suspend certain terrestrial operations authorized in the Globalstar WiMAX ATC Order.1 This action will facilitate Commission consideration of Globalstar’s application for modification of its authorization. 2. The Globalstar WiMAX ATC Order concluded that Globalstar’s proposed Ancillary Terrestrial Component (ATC), to be operated by Open Range Communications under a spectrum leasing arrangement, did not comply with ATC “gating criteria.” The Commission granted a waiver of the gating criteria, however, conditioned on Globalstar taking actions necessary to come into compliance by certain dates, or suspend operations. The first such date was July 1, 2010, by which Globalstar was to have launched new satellites necessary to meet certain of the gating criteria. On December 14, 2009, Globalstar filed a request seeking to extend compliance deadlines by 16 months. The application was placed on public notice on March 5, 2010, and is the subject of a Motion to Hold in Abeyance and Petition to Deny filed by Iridium Satellite LLC.2 3. On June 16, 2010, the International Bureau requested additional information from Globalstar in connection with the extension request.3 In response, Globalstar filed further information on June 22. On June 30, the International Bureau, on its own motion, extended the date for suspension of operations from July 1, 2010 to August 2, 2010 to permit consideration of the new information.4 On July 13, the International Bureau sought additional information in connection with the June 16 letter, directing Globalstar to provide that information by July 21.5 The Bureau believes that a further brief extension will 1 Globalstar Licensee LLC, Modification of Authority to Implement an Ancillary Terrestrial Component, 23 FCC Rcd 15056 (2008). 2 Iridium Satellite LLC, Motion to Hold Globalstar Applications in Abeyance, filed Dec. 31, 2009; Petition to Deny of Iridium Satellite LLC, filed April 5, 2010. 3 Letter dated June 16, 2010 to Anthony J. Navarra, Gregory J. Vogt, and Samir C. Jain from Roderick K. Porter, Deputy Chief, International Bureau. 4 Globalstar Licensee LLC, Application for Modification of License to Extend Dates for Coming into Compliance with Ancillary Terrestrial Component Rules, DA 10-1225 (released June 30, 2010). 5 Letter dated July 13, 2010 to James Monroe III, Anthony J. Navarra, Gregory J. Vogt, and Samir C. Jain from Roderick K. Porter. Federal Communications Commission DA 10-1418 2 permit full consideration of that information. 4. Accordingly, IT IS ORDERED, that pursuant to Section 301 and 309 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 301 and 309, and authority delegated in Sections 0.261 of our rules, 47 C.F.R. § 0.261, Globalstar Licensee LLC is granted an extension of time, sua sponte, until September 15, 2010, to suspend ATC operations. FEDERAL COMMUNICATIONS COMMISSION Mindel De La Torre Chief, International Bureau