Comments for TMF Associates MSS blog http://tmfassociates.com/blog Developments in the mobile satellite industry Wed, 08 Feb 2012 06:34:42 +0000 hourly 1 http://wordpress.org/?v=3.3.1 Comment on One sat, two sat, red sat, blue sat by TMF Associates MSS blog » That’s all folks!…but awkward questions remain http://tmfassociates.com/blog/2010/10/09/one-sat-two-sat-red-sat-blue-sat/comment-page-1/#comment-803 TMF Associates MSS blog » That’s all folks!…but awkward questions remain Wed, 08 Feb 2012 06:34:42 +0000 http://tmfassociates.com/blog/?p=598#comment-803 [...] Of course, the FCC may also be looking to deflect attention from its own release of some documents in response to the numerous Freedom Of Information Act requests that have been filed. Buried in this release are numerous damaging documents which raise questions about the apparent coordination of LightSquared’s November 2010 waiver request with FCC staff prior to it being filed (and incidentally disclose LightSquared’s pricing plan of $6 per Gbyte for terrestrial capacity and $10 per Mbyte for satellite capacity, as well as the overall planned system capacity of 2800 Tbytes per hour terrestrially and 100 Gbytes per hour via satellite) which led to it being put out for comment immediately. It is also unclear whether this meeting with LightSquared on November 16 was disclosed in any ex parte filing. Indeed LightSquared had also been discussing with the FCC a change to their business plan to only launch one satellite, which has never been disclosed publicly (except in one accidental comment that I blogged about at the time). [...] [...] Of course, the FCC may also be looking to deflect attention from its own release of some documents in response to the numerous Freedom Of Information Act requests that have been filed. Buried in this release are numerous damaging documents which raise questions about the apparent coordination of LightSquared’s November 2010 waiver request with FCC staff prior to it being filed (and incidentally disclose LightSquared’s pricing plan of $6 per Gbyte for terrestrial capacity and $10 per Mbyte for satellite capacity, as well as the overall planned system capacity of 2800 Tbytes per hour terrestrially and 100 Gbytes per hour via satellite) which led to it being put out for comment immediately. It is also unclear whether this meeting with LightSquared on November 16 was disclosed in any ex parte filing. Indeed LightSquared had also been discussing with the FCC a change to their business plan to only launch one satellite, which has never been disclosed publicly (except in one accidental comment that I blogged about at the time). [...]

]]> Comment on Complicated legal arguments…and simple math by TMF Associates MSS blog » That’s all folks!…but awkward questions remain http://tmfassociates.com/blog/2012/01/27/complicated-legal-arguments-and-simple-math/comment-page-1/#comment-802 TMF Associates MSS blog » That’s all folks!…but awkward questions remain Wed, 08 Feb 2012 06:18:21 +0000 http://tmfassociates.com/blog/?p=2995#comment-802 [...] than waiting until March for comments on LightSquared’s Petition for Declaratory Ruling, the FCC now appears [...] [...] than waiting until March for comments on LightSquared’s Petition for Declaratory Ruling, the FCC now appears [...]

]]> Comment on Complicated legal arguments…and simple math by AT&T & Dish fight over spectrum, but will either build a network? — Broadband News and Analysis http://tmfassociates.com/blog/2012/01/27/complicated-legal-arguments-and-simple-math/comment-page-1/#comment-793 AT&T & Dish fight over spectrum, but will either build a network? — Broadband News and Analysis Sat, 04 Feb 2012 00:19:58 +0000 http://tmfassociates.com/blog/?p=2995#comment-793 [...] Farrar wrote in his blog: This submission is a blatant attempt by AT&T to put a thumb on the scales, as the FCC weighs [...] [...] Farrar wrote in his blog: This submission is a blatant attempt by AT&T to put a thumb on the scales, as the FCC weighs [...]

]]> Comment on Complicated legal arguments…and simple math by FCC Asks for Public Input on Lightsquared | Techno Magazine | Daily Technology News Magazine http://tmfassociates.com/blog/2012/01/27/complicated-legal-arguments-and-simple-math/comment-page-1/#comment-792 FCC Asks for Public Input on Lightsquared | Techno Magazine | Daily Technology News Magazine Tue, 31 Jan 2012 12:08:07 +0000 http://tmfassociates.com/blog/?p=2995#comment-792 [...] This submission is a blatant attempt by AT&T to put a thumb on the scales, opines satellite consultant Tim Farrar. [...] [...] This submission is a blatant attempt by AT&T to put a thumb on the scales, opines satellite consultant Tim Farrar. [...]

]]> Comment on Who to sue? by ORBITRAX http://tmfassociates.com/blog/2012/01/24/who-to-sue/comment-page-1/#comment-791 ORBITRAX Sat, 28 Jan 2012 04:52:21 +0000 http://tmfassociates.com/blog/?p=2986#comment-791 Another interesting document on Adelsteins testimony. Especially starting at 68. http://www.loganandco.com/dockets/ORC/ORC_DKT_000537_081095_00122503_fafb7e447bff55c4997d67e634fb7a3.pdf Another interesting document on Adelsteins testimony. Especially starting at 68.

http://www.loganandco.com/dockets/ORC/ORC_DKT_000537_081095_00122503_fafb7e447bff55c4997d67e634fb7a3.pdf

]]> Comment on Who to sue? by ORBITRAX http://tmfassociates.com/blog/2012/01/24/who-to-sue/comment-page-1/#comment-790 ORBITRAX Sat, 28 Jan 2012 03:57:29 +0000 http://tmfassociates.com/blog/?p=2986#comment-790 While it is true that Open Range has only lost ~200MM, versus Lightsquareds potential ~3B. Lightsquareds loss would not contain any Government funding. The same can not be said for Open Range. While over in the Open Range Bankruptcy filings today by the USDOJ, as well as snippets of the testimony under oath by Adelstein. The testimony clearly show that the RUS/FCC were in conversations to move Open Range from Globalstar to Lightsquared in September 2010. Of course, Lightsquared would require a "waiver" of the "integrated service requirement" to allow "terrestrial-only" user terminals for Open Range in order to satisfy the RUS "Fully Locked Down Spectrum" loan covenants. A waiver that was not applied for until months later by Lightsquared, several days after the launch of Skyterra 1 satellite in mid-November and the issuance of the ensuing "Rocket Docket" by the FCC. So it appears that the FCC had a very strict timetable to provide Lightsquared a waiver so that Open Range could secure access to "Fully Locked Down" spectrum which was required by the RUS to re-engage funding. While it appears the FCC never saw the GPS interference issues coming which presumably caused the eventual termination of funding to Open Range by the the RUS, do to the inability of the FCC to issue Lightsquared it's permanent waiver of the "integrated service" rule. http://www.loganandco.com/dockets/ORC/ORC_DKT_000537_081095_00122502_6856e776cf40236f9286a33e80ff61dc.pdf Particularly interesting in Section D. where the RUS's Kuchno responded that the RUS "partially lifted" the restrictions on advances to Open Range in late 2010 while operating under a STA, because the "RUS reached a position with Open Range where Open Range was working toward getting "that spectrum". Perhaps some connection between the "Rocket Docket" and Open Range after all? Paul de Sa was the architect of Lightsquared's terrestrial aspirations at the FCC, and was an active participant in the Globalstar ATC suspension. We wish Mr. de Sa best wishes on his new career path. ORBITRAX While it is true that Open Range has only lost ~200MM, versus Lightsquareds potential ~3B. Lightsquareds loss would not contain any Government funding. The same can not be said for Open Range.

While over in the Open Range Bankruptcy filings today by the USDOJ, as well as snippets of the testimony under oath by Adelstein. The testimony clearly show that the RUS/FCC were in conversations to move Open Range from Globalstar to Lightsquared in September 2010. Of course, Lightsquared would require a “waiver” of the “integrated service requirement” to allow “terrestrial-only” user terminals for Open Range in order to satisfy the RUS “Fully Locked Down Spectrum” loan covenants.

A waiver that was not applied for until months later by Lightsquared, several days after the launch of Skyterra 1 satellite in mid-November and the issuance of the ensuing “Rocket Docket” by the FCC. So it appears that the FCC had a very strict timetable to provide Lightsquared a waiver so that Open Range could secure access to “Fully Locked Down” spectrum which was required by the RUS to re-engage funding. While it appears the FCC never saw the GPS interference issues coming which presumably caused the eventual termination of funding to Open Range by the the RUS, do to the inability of the FCC to issue Lightsquared it’s permanent waiver of the “integrated service” rule.

http://www.loganandco.com/dockets/ORC/ORC_DKT_000537_081095_00122502_6856e776cf40236f9286a33e80ff61dc.pdf

Particularly interesting in Section D. where the RUS’s Kuchno responded that the RUS “partially lifted” the restrictions on advances to Open Range in late 2010 while operating under a STA, because the “RUS reached a position with Open Range where Open Range was working toward getting “that spectrum”.

Perhaps some connection between the “Rocket Docket” and Open Range after all?

Paul de Sa was the architect of Lightsquared’s terrestrial aspirations at the FCC, and was an active participant in the Globalstar ATC suspension.

We wish Mr. de Sa best wishes on his new career path.

ORBITRAX

]]> Comment on Spectrum crisis or spectrum bubble? by TMF Associates MSS blog » Complicated legal arguments…and simple math http://tmfassociates.com/blog/2010/10/22/spectrum-crisis-or-spectrum-bubble/comment-page-1/#comment-789 TMF Associates MSS blog » Complicated legal arguments…and simple math Fri, 27 Jan 2012 22:24:17 +0000 http://tmfassociates.com/blog/?p=696#comment-789 [...] buying into the idea of a (manufactured) “spectrum crisis” rather than a “spectrum bubble“, perhaps its a bit less surprising that LightSquared has been able to raise over $2.5B of [...] [...] buying into the idea of a (manufactured) “spectrum crisis” rather than a “spectrum bubble“, perhaps its a bit less surprising that LightSquared has been able to raise over $2.5B of [...]

]]> Comment on Get your spectrum here…or not… by TMF Associates MSS blog » Complicated legal arguments…and simple math http://tmfassociates.com/blog/2012/01/20/get-your-spectrum-here-or-not/comment-page-1/#comment-788 TMF Associates MSS blog » Complicated legal arguments…and simple math Fri, 27 Jan 2012 22:24:01 +0000 http://tmfassociates.com/blog/?p=2970#comment-788 [...] appear that the FCC is at least cognizant of LightSquared’s legal strategy, and is likely (as I predicted) to ultimately rule that the Interference-Resolution Process should be prolonged (and extended to [...] [...] appear that the FCC is at least cognizant of LightSquared’s legal strategy, and is likely (as I predicted) to ultimately rule that the Interference-Resolution Process should be prolonged (and extended to [...]

]]> Comment on Who to sue? by timfarrar http://tmfassociates.com/blog/2012/01/24/who-to-sue/comment-page-1/#comment-786 timfarrar Thu, 26 Jan 2012 14:42:40 +0000 http://tmfassociates.com/blog/?p=2986#comment-786 While there may be some questions to be answered in the Open Range bankruptcy, its certainly not the "more compelling question" here. Open Range has only lost ~$200M, whereas the scale of losses in LightSquared could eventually come close to Iridium and Globalstar a decade ago ($5B each in those bankruptcies). In addition, Open Range was never that important to Globalstar or LightSquared (except perhaps as an example of how an ATC network might be implemented), given Open Range's annual spectrum lease payments to Globalstar were in the single digit millions of dollars. Open Range's case could be one forum in which some information is revealed, but it will be at best a sideshow to the innumerable other fights that we will see here. Indeed LightSquared itself might end up suing the FCC in the event of an adverse ruling, if the company follows through on its recent threats. I'd also suspect that ultimately Sen. Grassley is likely to succeed in his quest for the FCC's communications, and we are now also facing the prospect of hearings in the House on the LightSquared approval process. While there may be some questions to be answered in the Open Range bankruptcy, its certainly not the “more compelling question” here. Open Range has only lost ~$200M, whereas the scale of losses in LightSquared could eventually come close to Iridium and Globalstar a decade ago ($5B each in those bankruptcies). In addition, Open Range was never that important to Globalstar or LightSquared (except perhaps as an example of how an ATC network might be implemented), given Open Range’s annual spectrum lease payments to Globalstar were in the single digit millions of dollars.

Open Range’s case could be one forum in which some information is revealed, but it will be at best a sideshow to the innumerable other fights that we will see here. Indeed LightSquared itself might end up suing the FCC in the event of an adverse ruling, if the company follows through on its recent threats. I’d also suspect that ultimately Sen. Grassley is likely to succeed in his quest for the FCC’s communications, and we are now also facing the prospect of hearings in the House on the LightSquared approval process.

]]> Comment on Who to sue? by ORBITRAX http://tmfassociates.com/blog/2012/01/24/who-to-sue/comment-page-1/#comment-785 ORBITRAX Thu, 26 Jan 2012 01:00:13 +0000 http://tmfassociates.com/blog/?p=2986#comment-785 The more compelling question becomes... IF, and I do mean IF there is any truth/connection to the information coming out of the investigation by the Unsecured Creditors of the Open Range Bankruptcy pointing to "tortious interference" by the FCC / USDA RUS. Then that might indicate that Lightsquared was a "indirect party" to that interference, and what testimony Falcone and company might provide if they go down with the Lightsquared ship. At least from an observers viewpoint, the recent resignations from the FCC and the actions by the DOJ claiming "Executive Privilege" over evidence accumulated by the Unsecured Creditors Committee, via he Claw Back provision, in the Open Range Bankruptcy appear to imply potential impropriety by the FCC/RUS/EOP. ORBITRAX The more compelling question becomes… IF, and I do mean IF there is any truth/connection to the information coming out of the investigation by the Unsecured Creditors of the Open Range Bankruptcy pointing to “tortious interference” by the FCC / USDA RUS. Then that might indicate that Lightsquared was a “indirect party” to that interference, and what testimony Falcone and company might provide if they go down with the Lightsquared ship.

At least from an observers viewpoint, the recent resignations from the FCC and the actions by the DOJ claiming “Executive Privilege” over evidence accumulated by the Unsecured Creditors Committee, via he Claw Back provision, in the Open Range Bankruptcy appear to imply potential impropriety by the FCC/RUS/EOP.

ORBITRAX

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