07.01.09

Welcome to the Hotel California…

Posted in Financials, Globalstar, Handheld, ICO/DBSD, Inmarsat, Iridium, LightSquared, Operators, Services, Spectrum, TerreStar at 10:25 am by timfarrar

With apologies to the Eagles…its a lovely place, for MSS consumers at least. However, for MSS operators it seems to be somewhere you can check out [or go bankrupt] anytime you like, but you can never leave.

Today we’ve seen confirmation that Globalstar is now fully funded to complete the construction and launch of its first 24 second generation satellites by the end of 2010, while TerreStar has launched its new S-band satellite from Kourou, French Guiana and intends to initiate commercial services at the end of this year. Iridium also looks increasingly likely to complete its deal with GHL, since GHL’s shares and warrants are now trading well above the $10 value that would be refunded to investors if they voted down the deal. While there has been much speculation about potential mergers in the last two years, these now look less, rather than more, likely to occur in the near future (with the sole exception of SkyTerra’s Harbinger-backed bid for Inmarsat, which should be decided one way or another later this year).

Thus by early 2011, it looks like we will have at least four and more likely six voice and data MSS systems providing service in North America (Inmarsat, Iridium, Globalstar and TerreStar plus ICO and SkyTerra) and four systems (Inmarsat, Iridium, Globalstar and Thuraya) providing service in most of the rest of the world. With new advanced satellites, consumers will benefit from improved data capabilities and smaller, cheaper handheld satellite phones.

However, the development of at least three new systems (ICO, TerreStar and SkyTerra) and to some extent Globalstar as well (based on financial analysts’ comments at the time of its IPO in November 2006) has been justified largely by the value of MSS spectrum, due to the FCC’s rules enabling deployment of Ancillary Terrestrial Components (ATC), rather than by the intrinsic potential of the market for mobile satellite services itself. Thus, unless and until demand for MSS spectrum and ATC materializes, we run the risk of overcapacity for land-based MSS services, particularly in North America. This will certainly benefit end users, and price reductions (especially in conjunction with cheaper, more attractive terminals) may help to stimulate significant market growth, but it remains to be seen whether this will enable all the MSS operators to deliver a return for their investors or whether we’ll see more of them “checking out” with a bankruptcy filing as ICO North America did in May this year.

06.29.09

More costs for ICO and TerreStar?

Posted in Financials, ICO/DBSD, Operators, Regulatory, Spectrum, TerreStar at 9:23 am by timfarrar

In a recent Report and Order, released on June 12, 2009, the FCC addressed the issue of when ICO and TerreStar can offer commercial service in North America, which has been delayed by the need to clear their uplink band (2000-2020MHz) of existing Broadcast Auxiliary Service (BAS) users, who are being transitioned to frequencies above 2025MHz. In the Order, the FCC removed the requirement that ICO and TerreStar must wait until all of the top 30 broadcast markets have been transitioned before they can launch service. However, ICO and TerreStar will have to coordinate with BAS users if they are to operate in uncleared markets, and Sprint Nextel now has until February 8, 2010 to complete the transition. As a result, though TerreStar intends to begin offering service in late 2009, it looks likely that national service will not be available until several months later.

More importantly, as part of the order, the FCC initiated a Further Notice of Proposed Rule Making (FNPRM) related to the sharing of costs for the BAS transition (which Sprint Nextel has paid but is seeking to reclaim from other operators who will use the spectrum). The FCC “tentatively conclude[d] that MSS operators and future AWS licensees will have an obligation to share, on a pro rata basis, in the costs associated with the relocation of BAS incumbents if they “enter the band??? prior to the BAS sunset date of December 9, 2013″ and “tentatively conclude[d] that an MSS operator “enters the band??? and thus incurs an obligation to share in the costs associated with relocation of BAS incumbents when its satellite is found operational under its authorization milestone”. In April 2009, Sprint Nextel estimated these costs at $100M each for ICO and TerreStar. ICO and TerreStar have previously argued that they should not be liable for any of these transition costs, so if confirmed, the FCC’s tentative conclusions would be a significant additional cost for both companies. However, it is uncertain if the recent bankruptcy of ICO North America will affect Sprint Nextel’s claim, including whether the ICO Global parent company (which was not part of the bankruptcy filing) will avoid this liability.

06.19.09

Inmarsat’s hybrid satellite network plans

Posted in Broadband, Government, Inmarsat, Services, Spectrum at 11:27 am by timfarrar

We’re not referring to hybrid satellite-terrestrial (ATC/CGC) networks, but to the details of Inmarsat’s long term satellite development plans for its Inmarsat-5 constellation revealed at today’s investor meeting in London. Though its fifth generation satellites are not due to be launched for nearly ten years, Inmarsat is already actively developing plans for satellites which include both L-band and higher frequencies, not just a “cheap and cheerful” low cost evolution of its current satellites.

Inmarsat doesn’t plan to develop what it characterized as “high risk” L-band satellites with ground-based beamforming (which is being employed by ICO, TerreStar and SkyTerra, with no apparent problems that we can discern), but instead is looking at including other frequency bands in the I5 constellation. In addition to indicating that S-band is not needed for its core business (but would instead be used mainly for terrestrial applications), Inmarsat suggested that standard FSS frequencies (i.e. Ku-band) were not particularly interesting. Thus we conclude Inmarsat may have a preference for including military Ka and/or X-band capacity on the I5 satellites. With the US government deploying its own Wideband Global System (WGS), there will be many thousands of DoD terminals in the field capable of using these frequency bands by the time the I5 constellation is launched.

Potentially the I5 satellites could provide surge capacity for the DoD (and other defense agencies) to supplement the government-owned WGS satellites, and provide incremental revenue opportunities for Inmarsat. Alternatively, Inmarsat could carry a hosted WGS-derived payload, in the same way as Intelsat recently agreed to carry a hosted UHF payload for the Australian Defense Force. According to figures provided at the conference, Inmarsat already receives 37% of its revenues from government services, and either approach would cement or even increase the proportion of revenues from government in the future.

05.15.09

ICO North America files for bankruptcy

Posted in Financials, ICO/DBSD, Spectrum at 2:49 pm by timfarrar

Is this deja vu all over again for the MSS industry? ICO North America has filed for bankruptcy, and plans to turn over almost all of its equity to the convertible debt holders who would have been due for repayment of $767.6M in August. ICO North America has an S-band GEO satellite in orbit, which it launched in April 2008, and had planned to develop a mobile video service for cars which it referred to as MIM. However, these plans were put on hold while the company renegotiated its debts.

There is a distinction between ICO North America, now referring to itself as DBSD, and its parent company, ICO Global, which is not filing for bankruptcy. ICO Global is responsible for a MEO satellite system, whose first satellite was launched back in 2001, although the system was never completed. Though ICO maintains it has a legacy claim to spectrum rights in the S-band on a global basis, the European Commission decided yesterday that it would instead award European spectrum licenses to the Inmarsat and Solaris Mobile. ICO Global’s main asset is the judgment of $631M that it was awarded against Boeing in January this year, after a trial in which ICO blamed Boeing for its inability to complete the MEO system. ICO has not yet collected this judgment, which Boeing has appealed, and ICO has estimated it could take two years for the matter to be resolved.

ICO Global was under no obligation to share any of the Boeing judgment with the ICO North America convertible debt holders, but could have presumably cut a different deal if had wanted to keep a bigger share in ICO North America’s assets and give up some of the potential future litigation proceeds. Clearly ICO Global has therefore decided that these potential future litigation proceeds are more valuable than the share of the GEO satellite and spectrum assets that it could have obtained in exchange for them. That may be good news for ICO Global’s shareholders, since there are about 200M shares outstanding, implying the potential future litigation proceeds are equivalent to $3 per share (compared to a current trading price of $0.60) if Boeing’s appeal is unsuccessful. However, it doesn’t help the prospects for ATC if Craig McCaw, one of the savviest spectrum investors around, believes that ICO North America’s satellite and spectrum assets aren’t worth more than the $767M owed to its convertible debt holders. Our view continues to be that the ATC spectrum will eventually be put to use in terrestrial networks, the problem is just that ‘eventually’ might be quite a long time.

05.14.09

European S-band: 30 days to decide

Posted in Financials, ICO/DBSD, Inmarsat, Regulatory, Spectrum, TerreStar at 2:07 pm by timfarrar

The European Commission has announced the result of the S-band MSS selection process: as expected the two winners are Solaris Mobile and Inmarsat, with ICO and TerreStar’s applications rejected.

In response to the announcement, Inmarsat said it was “delighted to be the recipient” and “will look to pursue the commercial partnerships necessary to ensure that the returns from the required investment in our S-band programme will generate acceptable returns on capital without undue risks or uncertainties”.

However, it may not have much time to establish these partnerships, since the EC has stated that “within 30 working days of the publication of the list of selected applicants they shall inform the Commission in case they do not intend to use the radio frequencies”. If applicants decide to move forward (i.e. do not return the license) then they “will be bound by the commitments that they have undertaken, including commitments made concerning consumer and competitive benefits and geographic coverage” and all new systems must have “development and deployment completed” by May 2011 “at the latest”. A two year deadline for deployment is extremely tight, and Inmarsat would have to start spending serious money in the very near future (probably close to $100M in the next 12 months and $300M over the next two years) to complete and launch a satellite in this timeframe.

It will be very interesting to see if Inmarsat can find partners to come up with this amount of money (or enter into some alternative form of capacity purchase contracts) in the next 30 days. Given that Solaris already has a satellite in orbit (albeit with more limited coverage) and has not yet announced any meaningful capacity commitments, it would be quite a surprise if Inmarsat was successful, especially in the midst of an economic downturn.

It remains unclear what sanctions the EC can impose on operators who fail to live up to their “commitments” and ultimately do not complete an S-band satellite on the promised schedule. We would have thought it unlikely that fines or other monetary penalties would be imposed, but coming a day after Intel was fined more than 1 billion Euros by the EC’s Competition Directorate, this may not be a good time to get on the wrong side of the Commission.

04.30.09

What’s the difference between ATC and satellite-cellular roaming?

Posted in Globalstar, ICO/DBSD, Inmarsat, Iridium, LightSquared, Spectrum, TerreStar at 10:44 am by timfarrar

On Monday, the Wall St Journal revealed that Harbinger plans to push ahead with “a multibillion-dollar plan to build an international satellite-cellphone business” which would “complement existing cellular networks with satellite coverage, and…use new chips that could fit inside affordable, mainstream phones, keeping costs down for consumers”. This is quite different from the original plan of SkyTerra, TerreStar and ICO to build out Ancillary Terrestrial Components (ATCs) – basically a new terrestrial cellphone network using their satellite frequencies. Instead, subscribers will simply rely on their existing cellphone networks and only use the satellite services of these companies as a roaming partner when they are in uncovered areas. From that perspective, the new plan is much more similar to the business plans of Iridium and Globalstar in the late 1990s, that business travelers would rely on satellite networks to fill in the gaps in cellular coverage. For example, here’s a description from the Economist in June 1998:

“By far the largest number of subscribers is likely to come from the “cellular roaming” market. These are users of land-based cellular phones who want to be able to extend the range of their handsets when they are travelling through areas of poor or incompatible coverage. MSS subscribers will be equipped with a dual-standard phone that will switch to a satellite when a ground connection is unavailable (Iridium’s first offering is a soon-to-be-superseded $3,000 half-kilogram brick). Subscribers will pay a higher standing charge to their normal cellular operator and a premium on MSS calls. Numbering will not change and unified billing will be standard. This week Iridium said it had recruited 200 distribution partners among cellular companies.”

Of course there are many advantages that the new and very capable satellites being built by SkyTerra and TerreStar will offer over the 1990s technology of Iridium and Globalstar. Most obviously, the extra power and sensitivity of their satellites will allow the satellite service to be added to mainstream cellphones with little or no penalty in size and weight, as opposed to the ‘brick’-sized handsets produced by Iridium and Globalstar in 1998 and 1999. In addition, SkyTerra, TerreStar and ICO have signed agreements with Qualcomm to incorporate satellite technology into Qualcomm’s next generation cellular chipsets, which are likely to be used in a wide range of handsets.

However, there is a major difference between the principal sources of revenue for an ATC and a satellite roaming business plan. In the ATC case, a cellular operator would pay to lease the satellite spectrum to provide terrestrial services over a new terrestrial base station network, thereby enabling it to add capacity or new broadband services to its network. Satellite services, while available, would be a minor component of the overall revenue stream for the satellite operator. On the other hand, a satellite roaming business plan relies on the satellite services themselves to generate revenue, with perhaps some incremental benefit to the cellular partner through reduced churn, if the satellite service is sufficiently compelling to subscribers.

Even more importantly, the decision maker who will produce these revenue streams is very different: in the ATC case, it is simply a matter of convincing the cellular operator to lease the spectrum, whereas in the satellite roaming case, the end user must decide to buy the satellite service. Many people who were intimately involved in the launch of Iridium and Globalstar’s services remain convinced that it will be very difficult to explain the limitations of satellite service to a mass market: those services were sold as enabling coverage “anywhere”, and so there were numerous complaints about the inability of satellite service to work reliably in buildings, cars and urban areas. For most people, their experience of cellphone coverage limitations is in precisely these areas: in the Bay Area there are 375K riders of BART each WEEKDAY (where coverage in the underground parts of the transit system has only recently started to be deployed) compared to less than 200K visitors to Pinnacles National Monument each year (the location where we most recently spent an extended period of time outside cellular coverage). Remember also that even the new phones almost certainly won’t switch beween terrestrial and satellite modes in the middle of a call, so will likely drop an ongoing call if the user moves through a cellular (or satellite) deadzone. As the Wall St Journal explained in July 1999:

“At its core, Iridium is struggling with an incongruity between its design and its market ambitions. It was originally intended for millions of globe-trotting business travelers, and it was launched with a $180 million world advertising campaign last year aimed at that market. But when Motorola began operating the system on Nov. 1, the Iridium handsets weren’t powerful enough to work within buildings or urban areas. As a result, a vast network intended for a mass market was usable only by niche groups, such as mariners, oil-rig workers or the military. Iridium faces a tough struggle to cover its huge costs in such relatively small markets.”

Indeed there are about 150,000 Iridium and Globalstar satellite phone subscribers within these niche markets in North America at the moment, generating about $100M in retail service revenues per year (excluding international users like the DoD). New smaller, cheaper handsets from SkyTerra and TerreStar should increase the size of this “professional” MSS niche significantly (including amongst “police, fire and ambulance personnel”). In addition, a low cost “satellite backup” service might appeal to several million consumers, particularly in earthquake or hurricane-prone areas such as California or the Gulf Coast, if it is explained properly: as an emergency service for use outdoors in the event that other communications are unavailable. In order to achieve this level of take-up, cellular carriers will not only have to sign roaming deals with the satellite networks, but also ensure that satellite connectivity is included in the phones they sell and support large scale distribution of the phones themselves. Even then, it may be hard to explain properly: there were reports after Hurricane Katrina that first responders were unable to get their satellite phones to work, and it was later discovered that some were trying to use the phones in a basement conference room or inside the Superdome. Although gaining several million subscribers would be a great achievement for the MSS sector, in view of these challenges we remain skeptical that there will ever be “vast global demand for the network [Harbinger] envisions”.

In contrast, we are more positive about the long term potential of ATC: cellular operators will ultimately need more spectrum to cope with the surge in wireless broadband data demand and will use up the stockpiles of 700MHz and AWS spectrum which they have purchased in recent years. At that time ATC will be one of the most obvious sources of supplementary spectrum, and there is no technical reason why it can’t be made to work. Indeed many of the developments being put in place to enable satellite roaming (such as the Qualcomm chipset) are precisely those needed as a pre-requisite for ATC deployment. The only problem is how long it may take before major cellular operators feel a pressing need to use MSS spectrum for their terrestrial operations – it is likely to be several years off at a minimum. Indeed, if WiMAX struggles, then Clearwire’s spectrum may be sold off to other players, pushing out the timeframe in which ATC might be considered even further into the future.

03.12.09

European S-band: competition, what competition?

Posted in ICO/DBSD, Inmarsat, Regulatory, Spectrum, TerreStar at 1:43 pm by timfarrar

Although the European S-band spectrum allocation process is well underway, its looking increasingly possible that there might never be more than one satellite system actually built to use this spectrum, namely the Solaris payload to be launched on Eutelsat W2A later this year. Amongst the other three entrants to the spectrum allocation process, ICO and TerreStar’s financial situation already makes it difficult to see them being able to fund construction and launch of new European satellites, although ICO maintains its legacy claim to the spectrum (by virtue of the MEO satellite launched in 2001), and has vigorously protested Ofcom’s planned cancellation of its registration in the ITU’s Master Frequency Register.

On Inmarsat’s results call today, the company was explicit about its intention not to “put its balance sheet at risk” to build its proposed EuropaSat S-band satellite, and when the CEO was asked about whether he would adopt a “build it and they will come” approach, he replied “absolutely not”. Inmarsat instead plans to seek external investors to fund the project, and ultimately to spin it off as a separate company. The contrast between Inmarsat’s description of its Alphasat project as bringing more capacity in the EMEA region, more spectrum and more redundancy to support future growth, and EuropaSat as a “non-core” project, was particularly striking.

While Inmarsat highlighted that EuropaSat could have interesting prospects in satellite radio as well as mobile TV, Ondas (which now looks to be the most likely vehicle for satellite radio development in Europe) has been growing closer to Solaris in recent months. This comes despite SES’s earlier skepticism about the prospects for satellite radio in Europe, and presumably reflects the very dim outlook for satellite-delivered mobile TV in Europe and elsewhere. Its therefore far from clear where Inmarsat might find the partners needed to fund EuropaSat, especially in such difficult economic times, and we believe it is now plausible (and perhaps even likely) that even if Inmarsat is awarded a license by the EU later this year, the EuropaSat satellite may never be built.

Ironically, the EU’s allocation rules don’t appear to envisage such an outcome, focusing instead on how to resolve a spectrum shortage and restricting any one operator to at most half of the 2x30MHz of spectrum available. In these circumstances it is quite possible that some of the spectrum might eventually end up being reallocated to terrestrial 3G networks instead of satellite services, as happened in North America back in 2003.

02.04.09

Will TerreStar’s future be tied to satellite radio?

Posted in Financials, ICO/DBSD, Spectrum, TerreStar at 10:50 pm by timfarrar

Its now been reported that Echostar has acquired a substantial portion of Sirius XM’s maturing debt as part of a possible attempt to take control of the company through a forced bankruptcy filing. This doesn’t come as a great surprise given Echostar’s other investments in satellite-delivered mobile TV (in Korea and China), in 700MHz spectrum that would likely be used for mobile TV in the US, and in TerreStar’s MSS-ATC system (where it has stated an interest in using the satellites for mobile video, most recently at the SATCON conference in New York last October). Indeed, a primary reason for the spin-off of Echostar from DISH was to enable Echostar to exploit new business models in mobile entertainment, while the slow growth DISH business would ultimately be sold to a telco or merged with DirecTV.

In our view, satellite radio has always had a far more viable business model than mobile TV, despite the recent downturn in new car sales making it difficult if not impossible for Sirius XM to achieve subscriber growth this year. We believe that satellite radio will remain an attractive feature for car manufacturers in the medium to long term both because the satellite infrastructure is ideally suited to providing a near ubiquitous car-based service with only a limited number of terrestrial repeaters and because the technology is not going to change dramatically over the next decade, avoiding the risk of existing OEM installations being left with no service (as happened to many OnStar subscribers when analog cellular networks were switched off). Compare this to cellular-based navigation and entertainment systems, where technology is advancing very rapidly and an aftermarket solution (or a flexible OEM solution such as Sync) is the most viable option for car manufacturers and end users alike. However, we also view a bankruptcy filing by Sirius XM as highly likely, because it will enable the company to renegotiate its biggest (controllable) expense – that of content rights. While some providers such as talk radio hosts may feel that there is a better deal on offer from terrestrial free-to-air networks, for most sports programming there is no viable alternative to satellite radio as a distribution mechanism, because no other broadcast (audio) medium can offer sufficient capacity and reach to deliver multiple simultaneous games to a widely distributed national audience. Some may argue that internet streaming is an alternative, but 3G and 4G wireless networks are (and will remain) ill-suited to providing continuous in-car coverage (not to mention the difficulty of extracting any revenue stream for content providers other than advertising from such users).

So if Echostar does now move to take control of Sirius XM, how will this fit with its other investments? Most obviously it seems plausible that TerreStar’s satellites could be used to provide a two-way communications channel for future generations of Sirius XM receivers, while Sirius XM’s repeater network could form part (although not all) of the necessary Ancillary Terrestrial Component (ATC) to ensure signal reception for TerreStar in urban areas. This would enable low cost integration of other services into cars, whether desired by the manufacturer (such as over-the-air fault monitoring) or paid for by the consumer (such as an OnStar alternative). Indeed, with the exception of mobile video (which we do not believe is likely to gain traction in cars, for the simple reason that the vast majority of satellite radio use is by solo commuters, who obviously couldn’t watch a video) this sounds surprisingly similar to ICO’s proposed Mobile Interactive Multimedia (MIM) service, and given Sirius XM’s strong relationships with most of the major auto manufacturers, this prospect could make it even more difficult for ICO to move forward with a commercial launch of MIM. Perhaps it might even provide an incentive for ICO to contemplate merging with TerreStar (as has often been rumored in the past)? Certainly Echostar’s interest in satellite radio is likely to shake up the MSS sector as well.

01.21.09

ICO’s ATC license award

Posted in Financials, Globalstar, ICO/DBSD, LightSquared, Regulatory, Spectrum, TerreStar at 9:46 am by timfarrar

Last week, the FCC awarded ICO its ATC license, with no requirement to enter into a ground spare contract at this stage. Indeed ICO will only have to demonstrate 30 days before commencing ATC service that “firm arrangements are in place to meet the spare satellite requirement” within 1 year of service initiation. Of course, since a satellite would normally take around 2 years to construct, ICO would have to enter into a ground spare contract well before that 30 day notice period. However, ICO has gained considerably more flexibility to keep its expenditures to a minimum, while pursuing resolution of its litigation with Boeing and waiting for a more favorable economic climate in which to launch commercial service.

With this ruling, along with Globalstar’s ATC license grant last year, the FCC has shown a desire to be flexible in its interpretation of the ATC rules, so as to ensure that ATC deployments do eventually take place. Arguably, this flexibility has advantaged operators such as ICO and Globalstar, over TerreStar and Skyterra (formerly MSV), who have committed to considerably greater capital expenditure, based at least to some degree on a more cautious interpretation of the ATC requirements. Most notably, TerreStar is already well advanced with construction of its ground spare satellite, although we have heard rumors that work may have paused in anticipation of the ICO ruling, and (unless TerreStar gains a European license in the near future and decides to use the satellite there) we expect that construction will soon be formally suspended to save money, on the assumption that this will not impact TerreStar’s pending ATC application.

A future question for the FCC with regard to ATC “flexibility” may well relate to what level of satellite performance is needed to justify that an ATC service is truly “ancillary”. TerreStar and Skyterra have built very large and powerful (and expensive) satellites, in order to deliver voice and data connectivity to “standard” mobile devices without external antennas. ICO and Globalstar’s satellites are rather less capable (and cheaper), but if they are not required to deliver fully reliable handheld satellite voice services, then these satellites could also operate with “standard” mobile devices. For example, if the only test required is to complete a call from a handset on a tripod in an open field, with no head blockage or obstruction from trees etc, then a far less expensive satellite is required than if link margin is needed to overcome these obstructions and the call is made or received by a real person walking around with the phone.

Given that many hundreds of millions of dollars of satellite construction costs are at stake, it will be very interesting to see how the FCC ultimately decides this issue and therefore who has made the right call with their satellite design.

11.03.08

Globalstar and Open Range receive ATC approval

Posted in Globalstar, ICO/DBSD, Spectrum at 9:07 pm by timfarrar

It came down to the wire, but on Friday October 31, the FCC approved Globalstar’s application to offer ATC in conjunction with Open Range Communications. Friday was the deadline for Open Range to secure spectrum under the terms of its $267M USDA rural development loan agreement and as the FCC pointed out in its order, it was faced with a difficult choice between waiving many of the ATC requirements until Globalstar’s next generation satellites are launched, and losing the loan which would facilitate WiMAX deployment in 500 rural communities.

The FCC voted 3-2 to approve the application, over the objection of two (Republican) commissioners who worried about the “inappropriate precedent” it might set. Notably, the CTIA also came out strongly against the application, suggesting that a “grant of the sweeping waivers that Globalstar is seeking would effectively eviscerate the MSS/ATC rules of any meaning and enable Globalstar to ‘game’ the MSS/ATC regulatory scheme to maximize use of MSS spectrum for terrestrial service”.

The FCC has imposed a fairly strict time limit for Globalstar to deploy its second generation satellites and come into compliance with the ATC rules, but it already appears that the door has been opened for other prospective ATC operators to seek a relaxation of the conditions associated with ATC. For example, ICO indicated today that it does not believe it will be necessary to order a ground spare satellite before the FCC will approve its ATC application (merely that a satellite will have to be on order before ATC service commences), despite the fact that the ATC licensing rules require a “substantial showing that a non-operational MSS licensee will soon meet the gating criteria” established by the FCC, including a ground spare being available within 12 months of commencing service.

It also looks like the stage is now set for a bigger fight between the cellular operator community on one hand and the MSS-ATC proponents on the other. This may actually be a good thing from the point of view of the ATC proponents, since at least it shows that cellular operators are once again taking ATC seriously (cellular operators dropped their earlier opposition to ATC several years ago, apparently believing that it would never come to fruition). However, it will be interesting to see who will gain the upper hand in the regulatory battles to come, especially if the change of administration leads to a number of new faces at the FCC.

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