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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
File Nos. EB-08-SE-579,
Globalstar Licensee, LLC and ) EB-09-SE-042
GUSA Licensee, LLC ) Acct. No. 201132100002
Wholly-Owned Subsidiaries of ) FRN # 0010011559
Globalstar, Inc. )
)
ORDER
Adopted: October 6, 2010 Released: October 6, 2010
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau ("Bureau") of the Federal
Communications Commission and Globalstar Licensee, LLC, and its
affiliate, GUSA Licensee LLC, (collectively, "Globalstar"). The
Consent Decree terminates investigations by the Bureau against
Globalstar for possible violations of Section 301 of the
Communications Act of 1934, as amended ("Act"), and Sections 25.102(a)
and 25.117(a) of the Commission's Rules ("Rules"), regarding the
operation of its Mobile Satellite Service constellation and its Mobile
Earth Terminals.
2. The Bureau and Globalstar have negotiated the terms of the Consent
Decree that resolve this matter. A copy of the Consent Decree is
attached hereto and incorporated by reference.
3. After reviewing the terms of the Consent Decree and evaluating the
facts before us, we find that the public interest would be served by
adopting the Consent Decree and terminating the investigations.
4. In the absence of material new evidence relating to this matter, we
conclude that our investigations raise no substantial or material
questions of fact as to whether Globalstar possesses the basic
qualifications, including those related to character, to hold or
obtain any Commission license or authorization.
5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act,
and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached
to this Order IS ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned investigations ARE
TERMINATED.
7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
shall be sent by first class mail and certified mail, return receipt
requested, to Gregory J. Vogt, Law Offices of Gregory J. Vogt, PLLC,
2121 Eisenhower Ave., Suite 200, Alexandria, Virginia, 22314 and to L.
Barbee Ponder IV, General Counsel & Vice President Regulatory Affairs,
Globalstar, Inc., 300 Holiday Square Blvd., Covington, Louisiana
70433.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
File Nos. EB-08-SE-579,
Globalstar Licensee, LLC and ) EB-09-SE-042
GUSA Licensee, LLC ) Acct. No. 201132100002
Wholly-Owned Subsidiaries of ) FRN # 0010011559
Globalstar, Inc. )
)
CONSENT DECREE
The Enforcement Bureau ("Bureau") of the Federal Communications Commission
("Commission" or "FCC") and Globalstar Licensee, LLC, licensee of the
Mobile Satellite Service ("MSS") constellation, Call Sign S2115, and its
affiliate, GUSA Licensee LLC, licensee of Mobile Earth Terminals ("METs")
located in the continental United States and Alaska, Call Sign E970381
(collectively, "Globalstar"), by their authorized representatives, hereby
enter into this Consent Decree for the purpose of terminating the Bureau's
investigations into whether Globalstar violated Section 301 of the
Communications Act of 1934, as amended ("Act"), and Sections 25.102(a) and
25.117(a) of the Commission's Rules ("Rules"), regarding the operation of
its MSS constellation and METs.
I. DEFINITIONS
1. For the purposes of this Consent Decree, the following definitions
shall apply:
a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S:
151, et seq.
b. "Adopting Order" means an Order of the Bureau adopting the terms of
this Consent Decree without change, addition, deletion, or
modification.
c. "Bureau" means the Enforcement Bureau of the Federal Communications
Commission.
d. "Commission" and "FCC" mean the Federal Communications Commission and
all of its bureaus and offices.
e. "Compliance Plan" means the compliance obligations and compliance
program described in this Consent Decree at Paragraph 12.
f. "Effective Date" means the date on which the Bureau releases the
Adopting Order.
g. "Globalstar" means Globalstar Licensee, LLC, GUSA Licensee, LLC, as
well as their parent companies, predecessors-in-interest,
successors-in-interest, members and affiliates.
h. "Investigations" means (1) the investigation under File Number
EB-08-SE-579, commenced by the Bureau's March 17, 2009 Letter of
Inquiry ("LOI"), regarding Globalstar's compliance with Section 301 of
the Act and Sections 25.102(a) and 25.117(a) of the Rules with respect
to its operation of METs; and (2) the investigation under File Number
EB-09-SE-042, commenced by the Bureau's April 15, 2009 LOI, regarding
Globalstar's compliance with Section 301 of the Act and Sections
25.102(a) and 25.117(a) of the Rules with respect the operation of its
MSS constellation.
i. "Parties" means Globalstar and the Bureau, and each a "Party."
j. "Rules" means the Commission's regulations found in Title 47 of the
Code of Federal Regulations.
II. BACKGROUND
2. Globalstar holds Commission authorization to operate a constellation
of Low Earth Orbit ("LEO") satellites (Call Sign S2115). Globalstar's
system is one of two systems operating in the 1610-1626.5 MHz "Big
LEO" band, providing voice and data communications to users with
handheld METs via non-geostationary satellites. Globalstar's
authorizations also include a blanket MET license (Call Sign E970381)
to operate U.S. earth stations, which includes authority to operate
handheld METs, in the Big LEO frequency bands. These authorizations
are held pursuant to the provisions under Part 25 of the Commission's
Rules. Section 301 of the Act and Section 25.102(a) of the Rules
prohibit the use or operation of any apparatus for the transmission of
energy or communications or signals by space or earth station except
pursuant to Commission authorization. Section 25.117(a) of the Rules
governs when a licensee must obtain Commission approval before
implementing modifications affecting the parameters or terms and
conditions of a Part 25 radio station authorization.
A. Matter Under Review in Case File No. EB-08-SE-579
3. MET Operations in Connection with Globalstar's MET Blanket License:
Under the terms of its MET blanket license, Call Sign E970381,
Globalstar may operate up to 250,000 Personal Tracker Axonn SPOT(TM)
METs ("SPOT METs") in the 1610-1621.35 MHz (Earth-to-space) band. The
Commission specifically added the SPOT METs to Globalstar's blanket
authorization on June 30, 2008. Prior to this license modification,
Globalstar was authorized to operate station E970381 pursuant to
license modifications granted in 2003 and 2007.
4. On March 17, 2009, the Bureau issued an LOI to Globalstar concerning
its operation of the SPOT METs and whether such operation was
consistent with its previously granted authorization. The March 2009
LOI directed Globalstar, among other things, to submit a sworn written
response to a series of questions relating to Globalstar's compliance
with Section 301 of the Act and Sections 25.102(a) and 25.117(a) of
the Rules. On April 14, 2009, Globalstar responded to the Division's
LOI. The Bureau and GUSA Licensee, LLC entered into a Tolling
Agreement on June 26, 2009, and a Tolling Agreement Extension on
September 2, 2009. Thereafter, the Bureau and Globalstar entered into
another Tolling Agreement on November 20, 2009, and Tolling Agreement
Extensions on March 18, 2010, May 3, 2010, and August 10, 2010. These
agreements, among other things, permitted the Commission and
Globalstar to continue discussions of the law and facts relating to
the matter under review in this Investigation.
B. Matters Under Review in Case File No. EB-09-SE-042
5. Satellite Operations in Connection with Globalstar's Big LEO
Constellation: In a letter dated November 20, 2006, Globalstar
submitted a certification to the Satellite Division ("Satellite
Division") of the International Bureau of the Federal Communications
Commission stating it would launch in mid-2007 eight satellites that
were "technically identical" to the space stations authorized under
its license, Call Sign S2115. Further, Globalstar's certification
stated that it would change the number of operating satellites,
in-orbit spares and in-orbit test-bed satellites, and the relative
positions of the satellites within the authorized orbital planes. On
May 25, 2007, the Satellite Division informed Globalstar that the
November 20, 2006 certification was not sufficient and that Globalstar
should file a modification request and/or a request for Special
Temporary Authority ("STA") in connection with its current and
contemplated satellite configuration of its constellation. On July 6,
2007, the Chief of the International Bureau directed Globalstar to
file an application or applications for authorization to operate in
its modified satellite configuration no later than ten business days
from the date of the letter. On July 13, 2007, Globalstar filed a
request for a 180-day STA to operate its modified satellite
configuration, and thereafter, filed subsequent STAs to cover its
operations in modified configurations. On September 29, 2010, the
International Bureau granted Globalstar's STA request.
6. Satellite Operations in Connection with Globalstar's Non-U.S. Big LEO
Gateways: In its October 2008 Modification Order, the Commission
modified Globalstar's license, Call Sign S2115, by removing its
authority to operate in the 1618.725-1621.35 MHz frequency band. The
2008 Modification Order was released on October 15, 2008 with an
effective date 60 days thereafter. On November 14, 2008, Globalstar
filed a petition for reconsideration of the 2008 Modification Order.
On December 15, 2008, Globalstar filed a request for waiver of the
frequency assignments in the 2008 Modification Order and, pending
grant of the waiver, a request for STA in order to permit its
continued operation using the 1618.725-1621.35 MHz band in countries
and regions served by eight specified gateways. On December 17, 2008,
the International Bureau informed Globalstar that it must comply with
the 2008 Modification Order while its petition, waiver request, and
STA request were pending. In January 2009, Globalstar terminated
operations in the 1618.725-1621.35 MHz frequency band in its France
and Brazil gateways. In April and August 2009, respectively,
Globalstar terminated operations in the 1618.725-1621.35 MHz frequency
band in its Turkey and Australia gateways, leaving only the Russia
gateways operating on these frequencies. Accordingly, in a letter
dated August 17, 2009, Globalstar limited the scope of its waiver and
STA request to three gateways in Russia. On July 19, 2010, Globalstar
withdrew its waiver request and modified its STA request seeking
permission to operate the three Russian gateways in the
1618.725-1621.35 MHz band until September 15, 2010, when it expected
it would complete steps necessary to vacate that spectrum. On August
10, 2010, Globalstar notified the Commission that it had implemented
all modifications necessary to cease use of frequencies in the
1618.725-1621.35 MHz band on the Russian gateways, and was no longer
using these frequencies anywhere within its global satellite network.
7. On April 15, 2009, the Bureau issued an LOI to Globalstar concerning
operations in connection with its Big LEO constellation. The April
2009 LOI directed Globalstar, among other things, to submit a sworn
written response to a series of questions relating to Globalstar's
compliance with Section 301 of the Act and Sections 25.102(a) and
25.117(a) of the Rules. On May 15, 2009, Globalstar responded to the
Division's LOI. The Bureau and Globalstar entered into a Tolling
Agreement on November 20, 2009, and Tolling Agreement Extensions on
March 18, 2010, May 3, 2010, and August 10, 2010. These agreements,
among other things, permitted the Commission and Globalstar to
continue discussions of the law and facts relating to the matters
under review in this Investigation.
III. TERMS OF AGREEMENT
8. Adopting Order. The Parties agree that the provisions of this Consent
Decree shall be subject to final approval by the Bureau by
incorporation of such provisions by reference in the Adopting Order
without change, addition, modification, or deletion.
9. Jurisdiction. Globalstar agrees that the Bureau has jurisdiction over
it and the matters contained in this Consent Decree and has the
authority to enter into and adopt this Consent Decree.
10. Effective Date; Violations. The Parties agree that this Consent Decree
shall become effective on the Effective Date. Upon release, the
Adopting Order and this Consent Decree shall have the same force and
effect as any other Order of the Bureau. Any violation of the Adopting
Order or of the terms of this Consent Decree shall constitute a
separate violation of a Bureau Order, entitling the Bureau to exercise
any rights and remedies attendant to the enforcement of a Commission
order.
11. Termination of Investigations. In express reliance on the covenants
and representations in this Consent Decree and to avoid further
expenditure of public resources, the Bureau agrees to terminate its
Investigations. In consideration for the termination of said
Investigations, Globalstar agrees to the terms, conditions, and
procedures contained herein. The Bureau further agrees that in the
absence of new material evidence, the Bureau will not use the facts
developed in these Investigations through the Effective Date, or the
existence of this Consent Decree, to institute, on its own motion, any
new proceeding, formal or informal, or take any action on its own
motion against Globalstar concerning the matters that were the subject
of the Investigations. The Bureau also agrees that in the absence of
new material evidence, it will not use the facts developed in these
Investigations through the Effective Date, or the existence of this
Consent Decree, to institute on its own motion any proceeding, formal
or informal, or take any action on its own motion against Globalstar
with respect to Globalstar's basic qualifications, including its
character qualifications, to be a Commission licensee or to hold
Commission licenses or authorizations.
12. Compliance Plan. For purposes of settling the matters set forth
herein, Globalstar agrees (i) to create and implement, within thirty
(30) calendar days after the Effective Date, a Compliance Plan related
to future compliance with the Act, the Rules, and the Commission's
orders, and (ii) to establish operating procedures intended to ensure
compliance with the terms and conditions of this Consent Decree and
with Section 301 of the Act, and Sections 25.102(a) and 25.117(a) of
the Rules. The Compliance Plan will include, but will not be limited
to, the following components:
a. Compliance Officer. Within thirty (30) calendar days of the Effective
Date, Globalstar shall designate a senior corporate manager as its
Compliance Officer. The Compliance Officer will be responsible for
implementing and administering the Compliance Plan.
b. Training. Globalstar will provide training and related materials
concerning the Commission's regulatory requirements surrounding the
licensing and operation of earth and space stations and the terms and
conditions of this Consent Decree to all of its executive officers and
employees who are directly or indirectly responsible for Globalstar's
regulatory activities. Through its training program, Globalstar will
ensure that such executive officers and employees are aware of all
applicable provisions of the Act, the Rules, and Commission Orders
regarding operation of its earth and space stations. Globalstar will
also ensure that such executives and employees are aware of, and
understand the requirements under Sections 25.114, 25.117 and 25.118
of the Commission Rules. Such training will be completed within ninety
(90) days of the Effective Date, and any new employees will receive
training within sixty (60) days of the commencement of their
employment.
c. Compliance Report. Globalstar will file Compliance Reports with the
Commission ninety (90) days after the Effective Date, twelve (12)
months after the Effective Date, and twenty four (24) months after the
Effective Date. Each Compliance Report shall include a certification
by the Compliance Officer, as an agent of and on behalf of Globalstar,
stating that the Compliance Officer has personal knowledge that (i)
Globalstar has established operating procedures intended to ensure
compliance with this Consent Decree and with Section 301 of the Act,
and Sections 25.102(a) and 25.117(a) of the Rules together with an
accompanying statement explaining the basis for the Compliance
Officer's certification; (ii) Globalstar has been utilizing those
procedures since the previous Compliance Report was submitted; and
(iii) the Compliance Officer is not aware of any instances of
non-compliance with either this Consent Decree or the Act, Rules, or
Commission Orders. The certification must comply with Section 1.16 of
the Rules and be subscribed to as true under penalty of perjury in
substantially the form set forth therein. If the Compliance Officer
cannot provide the requisite certification, the Compliance Officer, as
an agent of and on behalf of Globalstar, shall provide the Commission
with a detailed explanation of: (i) any instances of non-compliance
with this Consent Decree and the Act, Rules, and Commission Orders,
and (ii) the steps that Globalstar has taken or will take to remedy
each instance of non-compliance and ensure future compliance, and the
schedule on which proposed remedial actions will be taken. All
Compliance Reports shall be submitted to the Chief, Spectrum
Enforcement Division, Enforcement Bureau, Federal Communications
Commission, 445 12th Street, S.W. Washington, D.C. 20554. All
Compliance Reports shall also be submitted electronically to JoAnn
Lucanik at JoAnn.Lucanik@fcc.gov and Nissa.Laughner@fcc.gov.
d. Termination. Unless stated otherwise, the requirements of this
Paragraph 12 of the Consent Decree will expire twenty-four (24) months
from the Effective Date.
13. Voluntary Contribution. Globalstar agrees that it will make a
voluntary contribution to the United States Treasury in the amount of
two hundred seventy-five thousand dollars ($275,000). The payment will
be made within thirty (30) days after the Effective Date. The payment
must be made by check or similar instrument, payable to the order of
the Federal Communications Commission. The payment must include the
Account Number and FRN Number referenced in the caption to the
Adopting Order. Payment by check or money order may be mailed to the
Federal Communications Commission, P.O. Box 979088, St. Louis, MO
63197-9000. Payment by overnight mail may be sent to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101. Payment by wire transfer may be made to ABA Number
021030004, receiving bank TREAS/NYC, and account number 27000001. For
payment by credit card, an FCC Form 159 (Remittance Advice) must be
submitted. When completing the FCC Form 159, enter the Account number
in block number 23A (call sign/other ID), and enter the letters "FORF"
in block number 24A (payment type code). Globalstar will also send
electronic notification to JoAnn Lucanik at JoAnn.Lucanik@fcc.gov and
Nissa Laughner at Nissa.Laughner@fcc.gov on the date said payment is
made.
14. Waivers. Globalstar waives any and all rights it may have to seek
administrative or judicial reconsideration, review, appeal or stay, or
to otherwise challenge or contest the validity of this Consent Decree
and the Adopting Order, provided the Bureau issues an Adopting Order
adopting this Consent Decree without change, addition, modification or
deletion. Globalstar shall retain the right to challenge Commission
interpretation of the Consent Decree or any terms contained herein. If
either Party (or the United States on behalf of the Commission) brings
a judicial action to enforce the terms of the Adopting Order, neither
Globalstar nor the Commission shall contest the validity of the
Consent Decree or the Adopting Order, and Globalstar shall waive any
statutory right to a trial de novo. Globalstar hereby agrees to waive
any claims it may otherwise have under the Equal Access to Justice
Act, 5 U.S.C. S: 504 and 47 C.F.R. S: 1.1501 et seq., relating to the
matters addressed in this Consent Decree.
15. Invalidity. In the event that this Consent Decree in its entirety is
rendered invalid by any court of competent jurisdiction, it shall
become null and void and may not be used in any manner in any legal
proceeding.
16. Subsequent Rule or Order. The Parties agree that if any provision of
the Consent Decree conflicts with any subsequent rule or Order adopted
by the Commission (except an Order specifically intended to revise the
terms of this Consent Decree to which Globalstar does not expressly
consent) that provision will be superseded by such Commission rule or
Order.
17. Successors and Assigns. Globalstar agrees that the provisions of this
Consent Decree shall be binding on its successors, assigns, and
transferees.
18. Final Settlement. The Parties agree and acknowledge that this Consent
Decree shall constitute a final settlement between the Parties with
respect to the Investigations set forth herein. The Parties further
agree that this Consent Decree does not constitute either an
adjudication on the merits, or a factual or legal finding or
determination regarding any compliance or noncompliance with the
requirements of the Act or the Commission's Rules and Orders.
19. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
20. Paragraph Headings. The headings of the Paragraphs in the Consent
Decree are inserted for convenience only and are not intended to
affect the meaning or interpretation of this Consent Decree.
21. Authorized Representative. Each Party represents and warrants to the
other that it has full power and authority to enter into this Consent
Decree.
22. Counterparts. This Consent Decree may be signed in any number of
counterparts (including by facsimile), each of which, when executed
and delivered, shall be an original, and all of which counterparts
together shall constitute one and the same fully executed instrument.
_______________________________
P. Michele Ellison
Chief, Enforcement Bureau
__________________________
Date
__________________________
L. Barbee Ponder IV
General Counsel & Vice President Regulatory Affairs
Globalstar, Inc., for and on behalf of
Globalstar Licensee, LLC and GUSA Licensee, LLC
__________________________
Date
Globalstar Licensee LLC and GUSA Licensee LLC are both wholly-owned
subsidiaries of Globalstar, Inc.
47 U.S.C. S: 301.
47 C.F.R. S:S: 25.102(a), 25.117(a).
47 U.S.C. S: 154(i).
47 C.F.R. S:S: 0.111, 0.311.
Globalstar Licensee LLC and GUSA Licensee LLC are both wholly-owned
subsidiaries of Globalstar, Inc.
47 U.S.C. S: 301.
47 C.F.R. S:S: 25.102(a), 25.117(a).
See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
Enforcement Bureau, Federal Communications Commission, to William F.
Adler, Vice President, Legal and Regulatory Affairs, GUSA Licensee, LLC
(March 17, 2009) ("March 2009 LOI").
47 U.S.C. S: 301.
47 C.F.R. S:S: 25.102(a), 25.117(a).
See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
Enforcement Bureau, Federal Communications Commission, to William F.
Adler, Vice President, Legal and Regulatory Affairs, GUSA Licensee, LLC
(April 15, 2009) ("April 2009 LOI").
47 C.F.R. Part 25.
47 U.S.C. S: 301.
47 C.F.R. S: 25.102(a).
47 C.F.R. S: 25.117(a).
In December 2009, Globalstar, Inc. and Spot LLC acquired the assets of
Axonn L.L.C. and subsequently changed the authorized FCC grantee of this
equipment, grantee code LV2, from Axonn L.L.C. to Spot LLC. FCC ID
L2V-PT2; Letter from Paul Monte, Vice President-Development, SPOT LLC, to
Mr. Joe Dichoso, Equipment Authorization Branch Chief, Office of
Engineering and Technology, Federal Communications Commission (March 28,
2010).
Operations are currently limited to the 1610-1618.725 MHz portion of this
band. See note 32, infra.
See File No. SES-MOD-20070921-01309 ("2008 Modification"). See also
Satellite Communications Services Information Re: Actions Taken, Public
Notice, Report No. SES-01047, July 2, 2008. This application was granted
without prejudice to future enforcement action.
See File No. SES-MOD-20021010-01758. See also Satellite Communications
Services Information Re: Actions Taken, Public Notice, Report No.
SES-00498, May 14, 2003 (granted May 13, 2003).
See File No. SES-MOD-20070205-00189. See also Satellite Communications
Services Information Re: Actions Taken, Public Notice, Report No.
SES-00927, May 16, 2007 (granted May 14, 2007).
See March 2009 LOI.
See Letter from William F. Adler, Assistant Secretary, Globalstar USA, LLC
and Secretary, GUSA Licensee LLC, to Kathryn S. Berthot, Chief, Spectrum
Enforcement Division, Enforcement Bureau, Federal Communications
Commission (April 14, 2009).
See Tolling Agreement, File No. EB-08-SE-579, executed by and between
Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement
Bureau, Federal Communications Commission, and William F. Adler,
Secretary, GUSA Licensee, LLC (June 26, 2009).
See Tolling Agreement Extension, File No. EB-08-SE-579, executed by and
between Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
Enforcement Bureau, Federal Communications Commission, and William F.
Adler, Secretary, GUSA Licensee, LLC (September 2, 2009).
See Tolling Agreement, File Nos. EB-08-SE-579 and EB-09-SE-042, executed
by and between Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
Enforcement Bureau, Federal Communications Commission, and William F.
Adler, Secretary, GUSA Licensee, LLC and Secretary, Globalstar Licensee,
LLC (November 20, 2009) ("November 2009 Tolling Agreement").
Tolling Agreement Extension, File Nos. EB-08-SE-579 and EB-09-SE-042,
executed by and between Kathryn S. Berthot, Chief, Spectrum Enforcement
Division, Enforcement Bureau, Federal Communications Commission, and
Gregory J. Vogt, Counsel for GUSA Licensee, LLC and Globalstar Licensee,
LLC (March 18, 2010) ("March 2010 Tolling Agreement Extension").
See Tolling Agreement Extension, File Nos. EB-08-SE-579 and EB-09-SE-042,
executed by and between Kathryn S. Berthot, Chief, Spectrum Enforcement
Division, Enforcement Bureau, Federal Communications Commission, and
Gregory J. Vogt, Counsel for GUSA Licensee, LLC and Globalstar Licensee,
LLC (May 3, 2010) ("May 2010 Tolling Agreement Extension").
See Tolling Agreement Extension, File Nos. EB-08-SE-579 and EB-09-SE-042,
executed by and between Kathryn S. Berthot, Chief, Spectrum Enforcement
Division, Enforcement Bureau, Federal Communications Commission, and L.
Barbee Ponder IV, General Counsel & Vice President Regulatory Affairs,
Globalstar Inc. for and behalf of GUSA Licensee, LLC and Globalstar
Licensee, LLC (August 10, 2010) ("August 2010 Tolling Agreement
Extension").
See Letter from William F. Adler, Vice President & Assistant Secretary,
Globalstar Licensee, LLC & Globalstar, Inc., to John Giusti, Acting Chief,
International Bureau, Federal Communications Commission at 1 (November 20,
2006).
See Letter from Robert G. Nelson, Chief, Satellite Division, International
Bureau, Federal Communications Commission, to William F. Alder, Vice
President & Assistant Secretary, Globalstar Licensee, LLC & Globalstar,
Inc. (May 25, 2007).
See Letter from Helen Domenici, Chief, International Bureau, Federal
Communications Commission, to William F. Alder, Vice President & Assistant
Secretary, Globalstar Licensee, LLC & Globalstar, Inc. (July 6, 2007).
See File No. SAT-STA-20070713-00098 (filed July 13, 2007). See also Public
Notice, Satellite Space Applications Accepted for Filing - Policy Branch
Information, Report No. SAT-000462 (August 3, 2007).
See File Nos. SAT-STA-20080104-00003 (filed Jan. 4, 2008);
SAT-STA-20080707-00142 (filed July 7, 2008); SAT-STA-20081205-00221 (filed
Dec. 5, 2008); SAT-STA-20090527-00058 (filed May 27, 2009);
SAT-STA-20091130-00131(November 30, 2009); SAT-STA-20100526-00111 (filed
May 26, 2010).
See File No. SAT-STA-20070713-00098 (filed July 13, 2007), granted
September 29, 2010. See also Public Notice, Actions Taken - Policy Branch
Information, Report No. SAT-00725 (October 1, 2010).
See Globalstar Licensee, LLC (Call Sign S2115), GUSA Licensee, LLC (Call
Sign E970381) and Iridium Constellation LLC (Call Sign S2110), Iridium
Satellite LLC (Call Sign E960132), Iridium Carrier Services LLC (Call Sign
E960622), Modification of Authority to Operate a Mobile Satellite System
in the 1.6 GHz Frequency Band, Order of Modifications, 23 FCC Rcd 15207
(2008) ("2008 Modification Order").
See 2008 Modification Order at 15207. As modified by the 2008 Modification
Order, the Commission permitted Globalstar to operate its space and earth
stations in the 1610-1617.75 MHz frequency band on an exclusive basis, and
in the 1617.775-1618.725 MHz band on a shared basis. See 2008 Modification
Order, 23 FCC Rcd at 15207. The Commission's 2008 Modification Order,
however, did not change Globalstar's authority to operate its space and
earth stations in the 2483.5-2500 MHz frequency band. Id.
See 2008 Modification Order, 23 FCC Rcd at 15221.
See Petition for Reconsideration of Globalstar Licensee, LLC and GUSA
Licensee, LLC (filed November 14, 2008).
See Request for Waiver and Request for Special Temporary Authority, in the
Matter of Globalstar Licensee LLC (Call Sign S2115) and GUSA Licensee LLC
(Call Sign E970381), Modification of Authority to Operate a Mobile
Satellite System in the 1.6 MHz Frequency Band, File No.
SAT-STA-20081215-00231 (filed Dec. 15, 2008). The gateways were identified
as (1) Aussaguel, France; (2) Khabarovsk, Russia; (3) Moscow, Russia; (4)
Novosibirsk, Russia; (5) Meekatharra, Australia; (6) Manaus, Brazil; (7)
Petrolina, Brazil; and (8) Ogulbey, Turkey. On December 19, 2008,
Globalstar's waiver and STA requests were placed on Public Notice. See
Public Notice, Policy Branch Information, Satellite Space Applications
Accepted for Filing, DA 09-238, Report No. SAT-00571 (Dec. 19, 2008).
See, e.g., 47 C.F.R. S: 1.106(n). See also Letter from Roderick K. Porter,
Deputy Bureau Chief, International Bureau, Federal Communications
Commission, to William T. Lake, Counsel for Globalstar, Wilmer, Cutler,
Pickering, Hale and Dorr, LLP (December 17, 2008).
See Letter from William F. Adler, Vice President-Legal & Regulatory
Affairs, Globalstar, Inc. to Marlene Dortch, Secretary, Federal
Communications Commission (August 17, 2009). Globalstar stated that it
only required a waiver or STA for the three gateways in Russia (Kabarovsk,
Moscow and Novosibirsk) as its other five gateways had ceased operation on
the 1618.725-1621.35 MHz band in Aussaguel, France and in Manaus and
Petrolina, Brazil as of January 29, 2009, in Ogulbey, Turkey as of April
30, 2009, and in Meekatharra, Australia as of July 31, 2009.
See Letter from Samir C. Jain, Counsel for Globalstar Licensee, LLC and
GUSA Licensee, LLC, to Marlene Dortch, Secretary, Federal Communications
Commission (July 19, 2010).
See Letter from L. Barbee Ponder IV, General Counsel & Vice President
Regulatory Affairs, Globalstar Inc. to Roderick K. Porter, Deputy Chief,
International Bureau, Federal Communications Commission (August 10, 2010).
See April 2009 LOI.
See Letter from William F. Adler, Secretary, Globalstar Licensee LLC,
Secretary, GUSA Licensee, LLC, and Vice President-Legal & Regulatory
Affairs, Globalstar, Inc. to Kathryn S. Berthot, Chief, Spectrum
Enforcement Division, Enforcement Bureau, Federal Communications
Commission (May 15, 2009).
See November 2009 Tolling Agreement.
See March 2010 Tolling Agreement Extension.
See May 2010 Tolling Agreement Extension.
See August 2010 Tolling Agreement Extension.
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Federal Communications Commission DA 10-1807
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Federal Communications Commission DA 10-1807
Federal Communications Commission FCC 10-1807
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Federal Communications Commission DA 10-1807