Federal Communications Commission DA 10-1933 Before the Federal Communications Commission Washington, D.C. 20554 In the matter of Globalstar Licensee LLC GUSA Licensee LLC Modification of Authority to Operate a Mobile Satellite System in the 1.6 GHz Frequency Band ) ) ) ) ) ) ) ) ) Call Sign S2115 Call Sign E970381 File No. SAT-STA-20081215-00231 Memorandum Opinion and Order Adopted: October 6, 2010 Released: October 6, 2010 By the Chief, Satellite Division, International Bureau: 1. By this Order, we dismiss, as moot, the request of Globalstar Licensee LLC (Globalstar) for special temporary authority (STA) to operate at variance from its license in spectrum reassigned to another licensee.1 Specifically, Globalstar requests an STA to operate in the 1618.725 - 1621.35 MHz frequency band – which was reassigned to Iridium Satellite LLC (Iridiuim) in 2008 – in regions served by three gateway earth stations in Russia. Globalstar terminated operations on this frequency band on August 9, 2010. Further, Globalstar and the Commission recently entered into a Consent Decree regarding Globalstar’s operations in this spectrum.2 Consequently, there is no need to act on the request for STA, and we dismiss it as moot. 2. In October 2008, the Commission issued an Order modifying the licenses held by Globalstar and Iridium – the two remaining “Big LEO” licensees.3 The Modification Order implemented the revised Big LEO band plan adopted by the Commission in November 2007.4 The revised band plan reassigned approximately 2.5 megahertz of spectrum from Globalstar’s system to Iridium’s system, giving each system access to approximately nine megahertz of spectrum. The modifications to the Globalstar and Iridium licenses became effective 60 days after release of the Modification Order. On that date, Globalstar was required to have terminated operations on the spectrum reassigned to Iridium in the United States and around the world. 1 Globalstar Licensee LLC and GUSA Licensee LLC, Request for Waiver and Request for Special Temporary Authority, File No. SAT-STA-20081215-00231 (filed Dec. 15, 2008) (December 2008 Request). 2 Globalstar Licensee LLC and GUSA Licensee LLC, Order and Consent Decree, DA-1807 (Enf. Bur., rel. Oct. 6, 2010) (Consent Decree). 3 Globalstar Licensee LLC, GUSA Licensee LLC and Iridium Constellation LLC, Iridium Satellite LLC, Iridium Carrier Services LLC, Modification of Authority to Operate a Mobile Satellite System in the 1.6 GHz Frequency Band, Order of Modifications, FCC 08-248, 23 FCC Rcd 15207 (2008) (Modification Order). 4 Spectrum and Service Rules for Ancillary Terrestrial Components in the 1.6/2.4 GHz Big LEO Bands, Review of the Spectrum Sharing Plan Among Non-Geostationary Satellite Orbit Mobile Satellite Service Systems in the 1.6/2.4 GHz Bands, Second Order on Reconsideration, Second Report and Order, and Notice of Proposed Rulemaking, IB Docket Nos. 07-253 and 02-364, 22 FCC Rcd 19733 (2007). Federal Communications Commission DA 10-1933 2 3. On December 15, 2008, Globalstar filed a request for special temporary authority to allow it to continue to operate in the reassigned spectrum in regions served by earth stations in Australia, Brazil, France, Russia, and Turkey.5 Globalstar later amended its request to limit its operations on the reassigned spectrum to regions served by the Russian gateway earth stations.6 Iridium filed a Petition to Deny the STA request.7 4. In a letter filed on August 10, 2010, Globalstar informed the Commission that, as of August 9, 2010, it had terminated operations on the re-assigned spectrum in Russia.8 In the letter, Globalstar modified its pending request for special temporary authority to seek authority to operate in the re-assigned spectrum in regions served by the Russian gateways from December 15, 2008 -- the date it filed its initial STA request -- to August 9, 2010 -- the date on which it terminated these operations. 5. Thus, Globalstar’s request for special temporary authority is a request for retroactive authority to operate at variance from its license. As previously noted, Globalstar and the Commission have reached a consent decree regarding Globalstar’s operations in spectrum licensed to Iridium.9 Globalstar is now operating in compliance with its license. The request for special temporary authority is therefore moot. 6. Accordingly IT IS ORDERED that the request of Globalstar Licensee LLC for special temporary authority to operate in the 1618.725 - 1621.35 MHz frequency band in areas served by gateways in Russia from December 15, 2008 to August 9, 2010, IBFS File No. SAT-STA-20081215- 00231, is DISMISSED as moot. FEDERAL COMMUNICATIONS COMMISSION Robert G. Nelson Chief, Satellite Division International Bureau 5 December 2008 Request. In the December 2008 Request, Globalstar also requested a waiver of the revised band plan. It later withdrew the waiver request. See July 19, 2010 Letter from Samir C. Jain, Counsel to Globalstar Licensee LLC and GUSA Licensee LLC, to Marlene Dortch, Secretary, Federal Communications Commission. In addition to the STA/Waiver request, Globalstar filed a Petition for Reconsideration of the Modification Order. Globalstar Licensee LLC and GUSA Licensee LLC, Petition for Reconsideration (filed Nov. 14, 2008). It recently withdrew this petition. See August 10, 2010 Letter from L. Barbee Ponder IV, General Counsel & Vice President Regulatory Affairs, Globalstar Licensee LLC, to Roderick K. Porter, Deputy Chief, International Bureau, Federal Communications Commission at 2 (August 2010 Letter). 6 August 17, 2009 Letter from William F. Adler, Vice President-Legal & Regulatory Affairs, Globalstar Inc., to Marlene Dortch, Secretary, Federal Communications Commission. 7 Iridium Satellite LLC, Petition to Deny (filed Jan. 21, 2009). 8 August 2010 Letter at 1. 9 Consent Decree.