8 8 KARL L. GOTTING PAULA K. MANIS PLLC JACK C. DAVIS MICHAEL G. OLIVA JAMES R. NEAL JEFFREY L. GREEN8 (1938-2020) [email protected] 8 MICHAEL G. OLIVA KELLY REED LUCAS DIRECT DIAL: 517-318-9266 8 MICHAEL H. RHODES RICHARD W. PENNINGS NOTES: MOBILE: 989-798-2650 EFFREY HEUER1 ICHAEL OLMES8 ______________________ J S. T M A. H 1 KEVIN J. RORAGEN YING BEHER8 ALSO LICENSED IN MD 2 REPLY TO LANSING OFFICE ED OZEBOOM ARREN EAN5,8 ALSO LICENSED IN FL T S. R W T. D 3 7,8 ALSO LICENSED IN CT SARA L. CUNNINGHAM JACK L. HOFFMAN 4 2 7,8 ALSO LICENSED IN NY JAMES F. ANDERTON, V HOLLY L. JACKSON 5 ALSO LICENSED IN OH 6 DOMINIC R. RIOS ALSO LICENSED BY USPTO 3,4,6 MIKHAIL MURSHAK 7 GRAND RAPIDS OFFICE GABRIELLE C. LAWRENCE 8 OF COUNSEL ALAN G. ABOONA6 AMIA A. BANKS HANNAH E. BUZOLITS March 29, 2021 Ms. Lisa Felice Executive Secretary Michigan Public Service Commission 7109 W. Saginaw Highway Lansing, MI 48917 Re: Starlink Services, LLC Application for CLEC License MPSC Case No U-21035 Dear Ms. Felice: Enclosed for filing on behalf of Starlink Services, LLC please find: • Application Of Starlink Services, LLC For A Temporary And Permanent License To Provide Basic Local Exchange Service In Michigan • Prefiled Testimony of Matt Johnson • Exhibits SLS-1, SLS-2, SLS-3 and Confidential Exhibit SLS-4 Confidential Exhibit SLS-4 is not being filed electronically, but a sealed copy of Confidential Exhibit SLS-4 is being delivered via overnight mail to the Commission’s offices. LANSING OFFICE: GRAND RAPIDS OFFICE: 124 W. ALLEGAN STREET, 180 MONROE AVE NW, SUITE 700 SUITE 400 LANSING, MI 48933-1784 GRAND RAPIDS, MI 49503 517-482-2400 616-330-1200 Loomis, Ewert, Parsley, Davis & Gotting, P.C. March 29, 2021 Page 2 of 2 Please contact me immediately if you have any questions. LOOMIS, EWERT, PARSLEY, DAVIS & GOTTING P.C. Michael G. Oliva Michael G. Oliva cc: Ted Price STATE OF MICHIGAN BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION ***** In the matter of the Application of ) STARLINK SERVICES, LLC ) for a temporary and permanent license ) Case No. U-21035 to provide basic local exchange service ) in all of the zones and exchange ) areas in Michigan. ) ______________________________________) APPLICATION OF STARLINK SERVICES, LLC FOR A TEMPORARY AND PERMANENT LICENSE TO PROVIDE BASIC LOCAL EXCHANGE SERVICE IN MICHIGAN STARLINK SERVICES, LLC (“Starlink”), by and through its attorneys, Loomis, Ewert, Parsley, Davis & Gotting, P.C., pursuant to §§ 301 and 302 of the Michigan Telecommunications Act (MTA), 1991 PA 179, as amended, MCL 484.2101 et seq. hereby applies to the Michigan Public Service Commission (Commission) for both a temporary and permanent license to provide basic local exchange service in all of the zones and exchange areas in the State of Michigan. Starlink proposes to provide basic local exchange service on both a facilities-based and reseller basis, as well as provide competitive non-licensed and unregulated telecommunications services. As explained fully herein, approval of this Application will further the purposes of the MTA, as well as the Federal Telecommunications Act of 1996 (FTA). Therefore, Starlink respectfully requests that the Commission grant it both a temporary and permanent license to provide the basic local exchange telecommunications services described herein. 1 I. NAME AND ADDRESS OF APPLICANT Starlink Services, LLC. 1 Rocket Road, Hawthorne, California 90250 Starlink’s Regulatory Contact person is: R. Edward Price Senior Counsel Space Exploration Technologies Corp. 1155 F Street, NW, Suite 475 Washington, DC 20004 [email protected] Correspondence concerning this Application should be directed to Starlink’s Michigan regulatory counsel: Michael G. Oliva Loomis, Ewert, Parsley, Davis & Gotting, P.C. 124 West Allegan Street, Suite 700 Lansing, MI 48933 Telephone: 517-482-2400 x 266 Direct Line: 517-318-9266 Cell: 989-798-2650 Facsimile: 517-853-8671 [email protected] II. STARLINK FULLY MEETS THE REQUIREMENTS OF § 302(1) OF THE MTA FOR A LICENSE TO PROVIDE BASIC LOCAL EXCHANGE SERVICE The MTA promotes competition and encourages the entry of new providers into existing service territories. MCL §484.2101. Section 302(1) of the MTA governs the Commission's granting of licenses. That section provides that, after notice and hearing, the Commission shall approve an Application for a license if it finds that (a) the applicant possesses sufficient technical, financial, and managerial resources and abilities to provide basic local exchange service to all residential and commercial customers within the scope of the geographic area of the license, (b) the applicant intends to provide service within 2 one year from the date the license is granted, and (c) the granting of a license to the applicant would not be contrary to the public interest. As explained below, Starlink fully meets the requirements of § 302(1). In accordance with § 203(7) of the MTA, Starlink is submitting the testimony and exhibits of Matt Johnson, Senior Business Operations Analyst of Starlink’s parent, Space Exploration Technologies Corp, (“SpaceX”) contemporaneously with the filing of this Application. A. Description or Identification of Geographic Area for Which Starlink Seeks a License Starlink seeks a license to provide basic local exchange service in all the zones and exchange areas in the State of Michigan. Starlink will serve the zones and exchanges as mapped and described by the incumbent local exchange carrier (“ILEC”) for each such zone and exchange. The local calling area for Starlink's customers will be at least the same, if not greater than, the ILEC’s existing local calling areas. Starlink intends to mirror the map and legal description sections of the tariffs and/or service guides filed by the ILEC for the zones and exchanges it proposes to serve. Starlink understands that Starlink will automatically mirror any future modifications to these zone and exchange boundaries or legal descriptions of these boundaries on a going- forward basis. If not mirrored, Starlink will file new detailed maps and legal descriptions, on an individual exchange basis, with the Commission for approval. 3 B. Description of the Applicant's General Financial, Technical and Managerial Resources 1. Background Corporate Information Starlink is a Delaware Limited Liability Company formed on December 21, 2020, whose principal office is located at 1 Rocket Road, Hawthorne, California 90250. A copy of Starlink's Certificate of Authority to transact business in the State of Michigan and a copy of its Certificate of Formation are attached as Exhibits SLS-1 and SLS-2, respectively, to Mr. Johnson’s testimony. Starlink is a wholly-owned subsidiary of SpaceX. SpaceX is a private American company founded in 2002 by Elon Musk to revolutionize space technologies. SpaceX is incorporated in Delaware, with its principal office located at 1 Rocket Road, Hawthorne, California 90250. SpaceX designs, manufactures, and launches the world’s most advanced rockets, spacecraft, and satellites, and now offers broadband service over the world’s largest satellite constellation. SpaceX has over 8,000 employees in the United States, based at the company’s headquarters in Hawthorne, California, and at facilities across the country. Starlink will rely on the significant managerial and technical expertise of SpaceX in delivering service to consumers. SpaceX is leveraging its proven track record of rapid innovation and experience building rockets and spacecraft to deploy Starlink, a space-based broadband internet system capable of providing truly low-latency, high-throughput service in even the most remote areas of the country. This service is ideal for bringing broadband and VoIP to underserved rural areas in the United States. Since the grant of its FCC satellite authorization in 2018, SpaceX has successfully deployed the largest satellite constellation 4 in history and demonstrated its ability to deliver high-quality internet to thousands of users. This kind of swift execution, engineering excellence, and rapid innovation is foundational to SpaceX and is one of SpaceX’s core competencies. The FCC authorized SpaceX in 2018 to deploy and operate Starlink, a revolutionary constellation of more than 4,400 Non-Geostationary Orbit (“NGSO”) satellites in low Earth orbit (“LEO”). The FCC based its decision on the ability of SpaceX “to bring high-speed, reliable, and affordable broadband service to consumers in the United States and around the world, including areas underserved or currently unserved by existing networks.” In re Space Exploration Holdings, LLC Application for Approval of Orbital Deployment and Operating Authority for the SpaceX NGSO Satellite System, Memorandum Opinion, Order and Authorization, 33 FCC Rcd. 3391, para. 1 (2018). Starlink and SpaceX are bringing to bear SpaceX’s successful history of design innovation, manufacturing capability, and ability to operationalize complex space and ground systems in order to create a U.S.-based manufacturing capability for Starlink satellites, customer premises equipment and ground station antennas. The success of Starlink is built on a deep history of technical innovation and engineering know-how at SpaceX. Since its inception, SpaceX has leveraged American innovation, technical savvy, and its integrated, iterative culture to solve the most ambitious challenges in launch and spacecraft design. Starlink’s technical maturity and inherent capacity to support high throughput, low-latency broadband service to underserved communities in even the most remote and rural areas of the United States promises to materially contribute to closing 5 the digital divide. SpaceX and Starlink Services are proud to be able to contribute to the United States in this manner. With more than 1100 satellites deployed, SpaceX has launched sufficient satellites in volume to provide continuous coverage to large parts of the United States and is expanding the size of its constellation rapidly to provide coverage over the entire country. SpaceX has already deployed ground equipment to support initial broadband operations in desired locations.