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DA 94-297 Federal Communications Commission Record 9 FCC Red No. 8

Seven states that all services will be provided via Before the Inmarsat first and second generation satellites. Seven Seas Federal Communications Commission states that accounting will be performed in accordance with Washington, D.C. 20554 generally accepted accounting principles. Charges and reg ulations governing the service will be specified in one or more tariffs which Seven Seas will file with the Commis In the Matter of sion to the extent required by law. 4. According to Seven Seas, grant of this application will Seven Seas File No. I-T-C-94-113 serve the public interest, convenience and necessity. Au Communications, Inc. thorization of Seven Seas to provide Inmarsat Standard B and Standard M service in the AOR, POR, and IOR will enable Seven Seas to offer these services globally, which is Application for Authority Pursuant vital for Seven Seas as a U.S. carrier to compete effectively to Section 214 of the Communications with foreign signatories offering global coverage. Seven Seas Act of 1934, as amended, to provide also states that authorization is essential in order for Seven Inmarsat Standard B and Standard M Seas to serve its current Inmarsat A customers as they Mobile-Satellite Services in the upgrade to newer technologies.3 Atlantic, Pacific and Indian 5. Based on the foregoing, we conclude that it will be in the public interest to grant Seven Seas authority for the provision of ship to shore Inmarsat Standard B and Stan dard M MMSS and international LMSS in the AOR, POR and IOR, and shore to ship Inmarsat Standard B and MEMORANDUM, OPINION, Standard M MMSS and international LMSS in the IOR ORDER AND AUTHORIZATION subject to the conditions set forth herein. Adopted: April 1, 1994; Released: April 8, 1994 6. Accordingly, IT IS ORDERED, pursuant to Section 214 of the Communications Act of 1934, as amended, 47 U.S.C. § 214, that the application of Seven Seas Commu By the Chief, International Facilities Division: nications, Inc., File No. I-T-C-94-113, IS GRANTED and Seven Seas is authorized to: 1. On January 12, 1994, Seven Seas Communications, Inc. ("Seven Seas") filed an application pursuant to Section 214 of the Communications Act of 1934, as amended, for A. provide Inmarsat Standard B and Standard M authority to provide Inmarsat Standard B and Standard M mobile-satellite service in the ship to shore direction mobile-satellite services in the only in the AOR-East and AOR-West via the ("AOR"), Region ("POR") and Indian Laurentides, Quebec, foreign LES and in the Ocean Region ("IOR"). The application was placed on POR via LES facilities at Hong Kong; public notice on January 26, 1994, and no oppositions B. provide Inmarsat Standard B and Standard M were received. mobile-satellite service in the ship to shore and shore 2. Seven Seas requests authority to provide service in the to ship directions in the IOR via the Hong Kong ship to shore direction only in the AOR-East and AOR- foreign LES; and West via the Laurentides, Quebec, Canada foreign land C. offer Inmarsat Standard B and Standard M mo station ("LES") and in the POR via LES facilities at bile-satellite service for the following applications: Hong Kong.1 Seven Seas states that it may construct or maritime mobile-satellite service, international land lease its own U.S. based Inmarsat Standard B and Standard mobile-satellite service, and international land based M facilities for this traffic as soon as there is adequate temporary-fixed satellite services. Seven Seas©s provi economical justification for construction. Seven Seas re sion of international land mobile-satellite service and quests authority to provide service in the ship to shore and land based temporary-fixed satellite services will be shore to ship directions in the IOR via the Hong Kong limited to (i) communications within and between foreign LES. It states that it cannot provide IOR service foreign countries, excluding ,4 and (ii) from U.S. based facilities because the footprint of communications via the Laurentides, Quebec, Inmarsat©s IOR satellite does not cover the . Canada LES and via the Hong Kong LES between 3. Seven Seas seeks to offer Inmarsat Standard B and fixed points in North America and mobile-satellite Standard M for maritime mobile satellite service ("MMSS") terminals located outside North America. Seven Seas and international land mobile satellite service ("LMSS").2 may not provide international LMSS to or from mo-

1 Seven Seas© proposed services in the AOR and POR are or from mobile-satellite terminals located in North America, limited to ship to shore communications because the Interna defined as the United States, Canada and . Seven Seas tional Maritime Satellite Telecommunications Act of 1978, 47 seeks to offer service both to mobile-satellite terminals and to U.S.C. §§ 751 et seq., may bar the use of foreign LESs to carry temporary-fixed satellite terminals. U.S. originated shore to ship traffic without Comsat©s provision 3 Seven Seas currently has authority to resell MMSS via the of the Inmarsat space segment. Inmarsat system in the AOR, POR and IOR via IDB Mobile 2 Seven Seas© international LMSS services include (1) commu Communications, Inc. facilities at Niles Canyon, California, nications within and between foreign countries, excluding Staten Island, New York, and Gnangara, . See Seven North America, and (2) communications between North Amer Seas Communications, Inc., 1 FCC Red 2310 (1992). ica and mobile-satellite terminals located outside North Amer 4 Service also shall be excluded to countries for which the ica. Seven Seas does not seek authorization to provide LMSS to United States has an embargo on telecommunications.

1744 9 FCC Red No. 8 Federal Communications Commission Record DA 94-297

bile-satellite terminals located in North America, de 15. IT IS FURTHER ORDERED that Seven Seas shall fined as the land area of the United States, Canada file the annual reports of overseas telecommunications traf and Mexico. The United States includes , Ha fic required by Section 43.61 of the Commission©s Rules, waii, Puerto Rico, and the U.S. . 47 C.F.R. § 43.61. 16. This order is issued under Section 0.291 of the 7. IT IS FURTHER ORDERED that Seven Seas shall Commission©s Rules and is effective upon adoption. Peti not provide any Inmarsat Standard B or Standard M ser tions for reconsideration under Section 1.106 or applica vice from the United States to points in the AOR or FOR tions for review under Section 1.115 of the Commission©s under this authorization. Rules may be filed within 30 days of public notice of this 8. IT IS FURTHER ORDERED that Seven Seas is au order (see Section 1.4(b)(2)). thorized to provide international LMSS and land based temporary-fixed satellite services only within the frequency FEDERAL COMMUNICATIONS COMMISSION bands specified below which are consistent with the U.S. allocation for maritime services. Thus, Seven Seas shall serve only those land mobile satellite and land based tem porary fixed-satellite terminals communicating in the trans mit frequency band 1626.5-1645.5 MHz and the receive George S. Li frequency band 1530-1544 MHz for the mobile-to-satellite Chief, International Facilities Division and satellite-to-mobile links of its international land mo bile-satellite services. In addition, users of this service shall Common Carrier Bureau obtain the appropriate license or other authorization from the local telecommunications authority of the country in which the terminal will be used and any necessary licenses or authorizations from Agencies or Departments of the United States government (such as Treasury or Com merce). Thus, this authorization shall not be construed as providing domestic uplink or downlink authority within countries outside of the United States. 9. IT IS FURTHER ORDERED that this authority does not cover the provision of international land mobile-sat ellite services or land based temporary-fixed satellite ser vices via any new land earth stations or Inmarsat satellites or cover any land mobile-satellite services not specifically authorized herein. 10. IT IS FURTHER ORDERED that this authorization is conditioned upon completion of the consultation(s) re quired by Article XIV(d) of the Intelsat Agreement to ensure technical compatibility and to avoid significant eco nomic harm. In addition, Seven Seas shall maintain as its first priority the service of maritime commercial, safety and distress needs, and in particular uphold the safety and distress requirements of the Global Maritime Distress and Safety System. 11. Seven Seas shall terminate the use of LES facilities outside the United States to provide Inmarsat Standard B and Standard M service in the AOR and FOR as soon as there is adequate economic justification for the cost of constructing or leasing Inmarsat LESs in the United States. 12. The Commission retains jurisdiction over this matter to ensure the nondiscriminatory use of, and equitable ac cess to, the Inmarsat satellite system. 13. IT IS FURTHER ORDERED, pursuant to Section 203 of the Communications Act, 47 U.S.C. § 203, and Part 61 of the Commission©s Rules, 47 C.F.R. Part 61, that Seven Seas shall file and have in effect a tariff for the services authorized in this order before offering services to the public. 14. IT IS FURTHER ORDERED that Seven Seas shall file copies of any operating agreements entered into by itself or its parent/affiliates with its correspondents within 30 days of their execution, and shall otherwise comply with the filing requirements contained in Section 43.51 of the Commission©s Rules, 47 C.F.R. § 43.51.

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