[Federal Register Volume 68, Number 159 (Monday, August 18, 2003)]
[Proposed Rules]
[Pages 49409-49410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20787]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 25

[IB Docket No. 02-364; DA 03-2229]


Review of the Spectrum Sharing Plan Among Non-Geostationary 
Satellite Orbit Mobile Satellite Service Systems in the 1.6/2.4 GHz 
Bands

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; denial of extension of comment period.

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SUMMARY: On February 5, 2003, the Federal Communications Commission 
released an order and notice of proposed rulemaking seeking comment on 
the possibility of revising the spectrum sharing plan among non-
geostationary satellite orbit mobile satellite service systems 
operating in the 1.6/2.4 GHz bands. In this action, the Federal 
Communications Commission denies a request to extend the deadline by 
two months for filing comments in this rulemaking proceeding. 
Nevertheless, because of the operation of Sec.  1.46 of the Federal 
Communications Commission's rules, which automatically extends the time 
for filing comments until two business days after the Commission denies 
a timely-filed motion for extension of time, the Commission adjusts the 
comment date and reply comment date to provide clarity to the parties 
and to provide a full two weeks between the time for filing comments 
and the time for filing reply comments.

DATES: Comments were due on or before July 11, 2003. Reply Comments 
were due on or before July 25, 2003.

ADDRESSES: Federal Communications Commission, Office of the Secretary, 
445 12th Street, SW., Washington, DC 20554. See Supplementary 
Information for filing instructions.

FOR FURTHER INFORMATION CONTACT: James Ball, Chief, or Breck Blalock, 
Deputy Chief, Policy Division, International Bureau, (202) 418-1460.

SUPPLEMENTARY INFORMATION:
    1. On February 5, 2003, the Federal Communications Commission 
released an order and notice of proposed rulemaking (Notice) among 
other things seeking comment on the possibility of revising the 
spectrum sharing plan among non-geostationary satellite orbit mobile 
satellite service systems operating in the 1.6/2.4 GHz bands. (See 68 
FR 33666, June 5, 2003). On June 30, 2003, Globalstar L.P. (GLP or 
Globalstar) filed a request for extension of time (GLP Request) 
requesting the Commission to extend the comment and reply comment 
filing deadlines in this proceeding for two months to September 8, 
2003, and September 29, 2003, respectively. ICO Global Communications 
(Holdings) Limited (ICO) and The Official Creditors' Committee of 
Globalstar, L.P. (the Creditors) each filed documents in support of 
GLP's request. Iridium Satellite LLC (Iridium) filed in opposition to 
GLP's request.
    2. GLP asserts that two events have occurred since release of the 
Notice in this proceeding that warrant grant of an extension of time. 
First, GLP states that it has filed an emergency application for review 
and request for stay of an International Bureau order canceling GLP's 2 
GHz MSS license. According to GLP, a Commission decision regarding 
whether to revise the Big LEO band plan and to assign more or less 
spectrum to Globalstar and Iridium or to reallocate some Big LEO 
spectrum to another service must necessarily be affected by the amount 
of second generation spectrum, if any, that is available to GLP in the 
2 GHz MSS band. Second, GLP states that the U.S. Bankruptcy Court for 
the District of Delaware has approved an investment transaction 
pursuant to which GLP's assets will be transferred to a company 
controlled by ICO. According to GLP, ICO's interests as the proposed 
new owner of the Globalstar system cannot be taken into account in this 
proceeding until the applications for the assignment of the Globalstar 
assets have been approved by the Commission.

[[Page 49410]]

    3. We find that the public interest does not weigh in favor of a 
grant here. Rather, we find that extending the comment deadline would 
contravene the Commission's express intention to proceed expeditiously 
in this rulemaking proceeding. First, we do not agree that a Commission 
decision regarding whether to revise the Big LEO band plan must 
necessarily be affected by the amount of second generation spectrum 
available to GLP in the 2 GHz MSS band. We expect any decision the 
Commission may make regarding whether to revise the Big LEO band plan 
will be made based on the operations and use of systems in the Big LEO 
band. We do not believe that resolution of 2 GHz MSS licensing matters 
will have any bearing on whether or how the Commission may decide to 
alter the Big LEO band plan. In any event, it is not necessary for the 
Commission to reach a decision on GLP's appeal for parties to provide 
comments in this proceeding concerning how favorable or unfavorable 
Commission action with respect to GLP's appeal might affect GLP's 
spectrum needs in the Big LEO band.
    4. Second, we do not agree that a Commission decision regarding the 
proposed ICO/GLP transaction is necessary for parties to comment 
meaningfully in this proceeding. Whether or not the Commission 
ultimately approves the transaction has no bearing on current 
operations, use, or capacity of the Globalstar Big LEO MSS system. 
Moreover, nothing prohibits ICO, as proposed new owners of the 
Globalstar Big LEO MSS system, from filing comments in this proceeding. 
We are not convinced that ICO requires resolution of its pending 
transfer and assignment applications to understand its interests and 
comment meaningfully in this proceeding.
    5. Nevertheless, because of the operation of Sec.  1.46 of the 
Commissions rules, which automatically extends the time for filing 
comments until two business days after the Commission denies a timely-
filed motion for extension of time, we adjusted the comment date to 
July 11, 2003. Also, to provide parties a full two weeks to respond to 
comments filed in this proceeding, we adjusted the reply comment date 
to July 25, 2003.
    6. Accordingly, pursuant to Sec.  1.46 of the Commission's rules, 
47 CFR 1.46, the new comment due date was July 11, 2003 and the new 
reply comment due date was July 25, 2003. Instructions for filing 
pleadings in this proceeding are set forth in the NPRM, available on 
the Commission's Web site at http://www.fcc.gov. All comments and reply 
comments will be available for public inspection during regular 
business hours in the FCC Reference Information Center, Room CY-A257, 
445 Twelfth Street SW., Washington, DC 20554.

Federal Communications Commission.
James Ball,
Chief, Policy Division, International Bureau.
[FR Doc. 03-20787 Filed 8-15-03; 8:45 am]
BILLING CODE 6712-01-P