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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) ) TMI Communications and Company, L.P. ) File No. SES-MOD-20000307-00345 ) For Modification of its Blanket ) Authorization to operate up to 100,000 ) Mobile-satellite earth terminals (METs) ) Through Canadian licensed satellite ) MSAT-1 at 106.5 degrees W.L., in ) Frequency bands 1646.5-1660 MHz ) (transmit) and 1545-1558.5 MHz (receive) ) ORDER AND AUTHORIZATION Adopted: December 8, 2000 Released: December 11, 2000 By the Chief, Satellite and Radiocommunication Division: I.INTRODUCTION 1. By this Order, we modify the blanket license held by TMI Communications and Company, L.P. (TMI). The license permits TMI to operate up to 100,000 mobile earth terminals (METs) to provide mobile satellite service (MSS) in the United States via the Canadian-licensed MSAT-1 satellite. This modification permits TMI to operate a new type of MET, a half-duplex, packet-data terminal manufactured by EMS Technologies, Inc. (EMS). This will, in turn, lead to increased competition in the MSS market by making increased service options available to U.S. consumers. II.BACKGROUND 3. TMI holds a blanket license to operate up to 100,000 full-duplex METs in portions of the 1545-1558.5 MHz and 1646.5-1660 MHz frequency bands ("the upper L-band") via the Canadian-licensed MSAT-1 satellite. A portion of these bands is shared on a co-primary basis between commercial MSS and the Federal Government aeronautical mobile satellite service (AMS[R]S). According to Footnote US308 in the Table of Frequency Allocations, MSS operators must be able to provide priority access with "real-time preemption" to provide AMS[R]S. To date, only full-duplex METs have been able to meet this requirement. 4. On March 7, 2000, TMI applied to modify its license by adding a half-duplex MET manufactured by EMS to provide services. The new METs will operate in a packet- data mode with packet-switched service connections, in which a physical path is not dedicated to a particular connection during a call. Since the connection is based on packet-switching, TMI states that the Data Hub (DH) can order the mobile terminal to cease transmitting at any time by using an appropriate command to accommodate AMS[R]S. 5. According to TMI, the proposed half-duplex METs meet the priority access and real- time preemption requirements since they can be preempted for AMS[R]S spectrum requirements in less than one second. The National Telecommunications and Information Administration (NTIA), which overseas the frequency bands in which Federal Government services may be provided, and the Federal Aviation Administration have indicated that the priority and preemption capabilities of the proposed EMS METs are acceptable. Norcom Networks Corporation (Norcom) filed a petition to deny TMI's application. III. DISCUSSION III 5. We grant TMI's request to modify its blanket license to operate 100,000 METs in the upper L-band to include the half-duplex packet data terminals manufactured by EMS. As discussed below, we find these METs meet the priority access and real-time preemption requirement set forth in Footnote US308 to the Table of Frequency Allocations. 6. In a letter to the Commission dated August 25, 2000, NTIA, after consultation with the FAA and the U.S. Coast Guard, stated that half-duplex METs would satisfy Footnote US308's priority access and real-time preemption requirements under the following conditions: a. All operating MESs must be capable of ceasing transmission and inhibiting any further transmissions within one second of a command from the network LES, or by cessation of a command signal under all circumstances b. Each MES, as a minimum, must be capable of selectively operating on a number of discrete channels within the operating band in order to accommodate the need to possibly modify frequency use due to traffic growth and ongoing intersystem frequency coordination; and c. All other requirements for full-duplex operation will apply to half-duplex METs. 7. NTIA and FAA agree that the EMS-manufactured METs meet these requirements. First, the packet-switching technology used by TMI allows TMI to order the mobile terminal to cease transmitting at any time to accommodate AMS[R]S. Second, as TMI states, and NTIA concurs, MSS transmissions on these METs can be preempted for AMS[R]S spectrum requirements in less than one second. Finally, the half-duplex METs otherwise meet the priority access and real-time preemption requirements applied to full-duplex terminals. NTIA states that it has reviewed the TMI application and concludes that the proposed half-duplex terminals meet these criteria. 8. Norcom argues that TMI's application requires a waiver before it can be granted because, for the last seven years, the Commission has consistently applied a policy of requiring holders of blanket MSS MET authorizations to operate full-duplex METs in the upper L-band exclusively. Norcom objects to any waiver of this policy in this case because it contends that TMI has failed to justify special circumstances in support of its waiver request. Norcom also argues that a rulemaking proceeding is required to ensure that any change in policy will be equally applicable to all METs operating in the upper L- band and not just to TMI's. Finally, Norcom states that TMI's modification application should not be granted until all of the EMS-manufactured half-duplex terminals have been type accepted. 9. We conclude that a waiver is not required. The Commission has never prohibited the use of half-duplex METs in the upper L-band. Rather, the Commission has denied applications to operate half-duplex METs in the upper L-band because the half- duplex terminals at issue could not provide priority access and real-time preemption to provide for AMS[R]S. In denying applications for the half-duplex terminals, we have not made any finding that half-duplex terminals could not, under any circumstances, satisfy the priority access and real-time preemption requirements of US308. Indeed, recent technological advances have begun to blur the distinction between full and half- duplex terminals. As NTIA recognizes, there are "new approaches for half-duplex METs" that include "shorter transmission bursts and improved protocols that can simulate full-duplex MES operation." 10. We also conclude that a rulemaking is not required to grant TMI's modification request. As set forth above, we generally obtain NTIA concurrence on applications involving shared spectrum. Since NTIA concurs that TMI's half-duplex METs meet the priority access and real-time preemption requirement of US308, there is no need to delay a grant of TMI's application pending a potential rulemaking. If Norcom seeks to have the Commission establish technical rules to govern the determination of priority access and real-time preemption, it is free to petition the Commission to do so. IV.CONCLUSION IV 5. For the reasons set forth above, we find that TMI's operation of the EMS- manufactured, half-duplex METs in the upper L-band complies with priority access and real-time preemption requirements set forth in US Footnote 308. Accordingly, we find that a grant of TMI's application will serve the public interest. V.ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that Application File No. SES-MOD- 20000307-00345 IS GRANTED and blanket earth station license of TMI Communications and Company, L.P. to operate up to 100,000 full-duplex METs in the upper L-band via the Canadian licensed MSAT-1 satellite (Call Sign E980179) IS MODIFIED to add the EMS-manufactured half-duplex packet data METs. 13. IT IS FURTHER ORDERED that TMI's operation of the half-duplex METs authorized herein shall be in accordance with the technical specifications set forth in its blanket Radio Station Authorization, and the Commission's rules. All other terms and conditions of TMI's blanket MET authorization remain the same. 14. IT IS FURTHER ORDERED that the total number of METs that TMI may operate under its blanket authorization, as modified herein, shall not exceed the 100,000 total initially authorized. 15. IT IS FURTHER ORDERED that the TMI Communications and Company, L.P. authorization and the license related thereto are subject to compliance with the provisions of the Agreement between TMI and the Department of Justice and the Federal Bureau of Investigation, dated September 10, 1999, which is designed to address national security, law enforcement, and public safety concerns of the Department of Justice and the Federal Bureau of Investigation regarding the modified license granted herein. Nothing in the Agreement of the Implementation Plan is intended to limit any obligation imposed by Federal law or regulation including, but not limited to, 47 U.S. 222(a) and (c)(a) and the Commission's implementing regulations. 16. IT IS FURTHER ORDERED that the following requirements will apply to half-duplex METs operating in the 1646.5-1660 MHz and 1545-1558.5 MHz band: a. All operating METs must be capable of ceasing transmission and inhibiting any further transmissions within one second of a command from the network LES, or by cessation of a command signal under all circumstances; b. Each MET, as a minimum, must be capable of selectively operating on a number of discrete channels within the operating band in order to accommodate the need to possibly modify frequency use due to traffic growth and ongoing intersystem frequency coordination; and c. All other requirements for full-duplex operation will apply to half-duplex METs. 17. IT IS FURTHER ORDERED that, in addition to the requirements set forth in paragraph 16, the METs operated by TMI Communications and Company, L.P. under its existing authorization as modified herein must have the following minimum set of capabilities to ensure compliance with US Footnote 308 to Section 2.106 of the Commission's Rules, 47 C.F.R. 2.106: a. All MET transmission shall have a priority assigned to them that preserves the priority and preemptive access given to aeronautical distress and safety-related communications sharing the band; b. Each MET shall be assigned access to a unique technical identification number that will be transmitted upon any attempt to gain access to a system; c. After a MET has gained access to a system the mobile terminal shall be under the control of a Land Earth Station and shall obtain all channel assignments from it; d. All METs that do not continuously monitor a separate signaling channel shall have provisions for signaling within the communications channel; e. Each MET shall automatically inhibit its transmissions if it is not correctly receiving a separate signaling channel or signaling within the communications channel from its associated Land Earth Station; and f. Each MET shall automatically inhibit its transmission on any or all channels upon receiving a channel-shut-off command on a signaling or communications channel it is receiving from its associated Land Earth Station. 18. IT IS FURTHER ORDERED that, in accordance with US Footnote 308, the operation of TMI Communications and Company, L.P.'s METs in the 1545-1558.5 and 1646.5-1660 MHz, is on a secondary basis to U.S. AMS[R]S requirements of other U.S.-authorized MSS providers operating in the 1545-1559 and 1646.5-1660 MHz bands. 19. IT IS FURTHER ORDERED that TMI Communications and Company, L.P. will be subject to any applicable out-of-band emission standards subsequently incorporated in the Commission's rules for protection of the Global Navigation Satellite Service. 20. IT IS FURTHER ORDERED that the Petition to Deny of Norcom Networks Corporation IS DENIED. 21. The Order is issued pursuant to Section 0.261 of the Commission's rules on delegated authority, 47 C.F.R.  0.261, and is effective upon adoption. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission's rules, 47 C.F.R.  1.106, 1.115, may be filed within 30 days of the date of the release of this Order (see 47 C.F.R.  1.4(b)(2)). FEDERAL COMMUNICATIONS COMMISSION Thomas S. Tycz Chief Satellite and Radiocommunication Division