Before the

FEDERAL COMMUNICATIONS COMMISSION

Washington, DC 20554

In the Matter of )
)
Globalstar Licensee LLC ) ICFS File No. ___________________
)
Petition for Declaratory Ruling Granting )
Access to the U.S. Market for )
the Globalstar C-3 MSS System )

PETITION FOR DECLARATORY RULING

L. Barbee Ponder IV Stephen J. Berman

General Counsel & Vice President Lerman Senter PLLC
Regulatory Affairs 2001 L Street NW, Suite 400
Globalstar, Inc. Washington, DC 20036
1351 Holiday Square Blvd. (202) 416-6754
Covington, LA 70433
Counsel for Globalstar Licensee LLC

February 14, 2025

 TABLE OF CONTENTS

I. Introduction and Summary ................................................................................................. 1

II. Globalstar’s Expanding MSS Business Has Generated Substantial Public

Interest Benefits .................................................................................................................. 3

III. Legal Qualifications .......................................................................................................... 10

IV. Technical Qualifications and System Architecture........................................................... 10

V. Grant of the Petition is in the Public Interest .................................................................... 15

VI. Additional DISCO II and Section 25.137 Criteria for U.S. Market Access ..................... 18

VII. The Commission Should Grant the Petition Without Initiating a New Big LEO
Rulemaking or Conducting a Processing Round Under Section 25.157 .......................... 19

VIII. Waiver of Schedule S Requirements ................................................................................ 23

IX. Conclusion ........................................................................................................................ 24

ii
 Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, DC 20554

In the Matter of )
)
Globalstar Licensee LLC ) ICFS File No. ___________________
)
Petition for Declaratory Ruling Granting )
Access to the U.S. Market for )
the Globalstar C-3 MSS System )

PETITION FOR DECLARATORY RULING

I. Introduction and Summary

Pursuant to Section 25.137 of the Commission’s rules, 1 Globalstar Licensee LLC

(together with Globalstar, Inc., “Globalstar”) 2 hereby submits this Petition for Declaratory

Ruling (“Petition”) requesting authority to serve the United States market through a non-U.S.

licensed non-geostationary orbit (“NGSO”) mobile satellite service (“MSS”) system in the Big

LEO band. First licensed over thirty years ago and providing commercial MSS since 2000,

Globalstar specifically seeks U.S. market access for its next-generation Low Earth Orbit

(“LEO”) MSS deployment that will complement its existing MSS operations with additional

satellites and higher power capabilities allowed under the International Telecommunication

Union (“ITU”) filing AST-NG-C-3 (the “C-3 System”).

Grant of Globalstar’s Petition will serve the public interest, convenience, and necessity.

The C-3 System, representing a more than $1 billion total investment in state-of-the-art satellites

and associated ground infrastructure, will expand Globalstar’s ability to provide connectivity to

1
See 47 C.F.R. § 25.137.
2
Globalstar Licensee LLC is the authorized licensee for Globalstar’s first-generation
HIBLEO-4 satellite system (call sign S2115).
users in authorized markets when they are beyond the reach of terrestrial mobile networks or

when terrestrial mobile networks are offline for any natural or man-made reason. Operation of

the C-3 System will augment the services that Globalstar provides today and will continue to

offer in the United States through its existing U.S.-licensed “HIBLEO-4” and French-licensed

“HIBLEO-X” MSS deployments and current ground network infrastructure. 3

The next-generation C-3 System will feature higher gain and higher EIRP transmit

technology, dynamic beamforming, and more robust signal strength on the ground than

Globalstar’s existing MSS deployments. Given this greater signal strength and the availability of

multiple satellites overhead, users will have access to much-improved in-building and in-vehicle

connectivity with less dependency on antenna orientation. With these advanced capabilities, the

C-3 System will help stimulate continued development of innovative features and offerings in

the direct-to-device marketplace. The C-3 System will also enable Globalstar to innovate and

bring to market additional commercial/enterprise Internet of Things (“IoT”) and consumer-based

offerings, to the benefit of U.S. consumers and the public safety community.

The C-3 System is the next step in the continuing growth and evolution of MSS services

under the Commission’s Big LEO rules, which have for decades provided a stable, predictable

regulatory base supporting long-term investment in new facilities and technologies. Grounded in

the regulatory certainty of the Big LEO band, licensees’ exclusive MSS operating rights in this

band, and the infeasibility of sharing in this limited amount of spectrum, the Commission can

3
On August 16, 2024, the Commission’s Space Bureau granted authority to Globalstar to
launch and operate 17 replacement HIBLEO-4 satellites under a new fifteen-year license term,
while deferring consideration of nine additional requested satellites. Globalstar License LLC
Application for Modification of Non-Geostationary Mobile Satellite Service System
Authorization, Order and Authorization, ICFS File No. SAT-MOD-20230804-00192, DA 24-825
(rel. Aug. 16, 2024) (“Replacement HIBLEO-4 Order”). Importantly, the instant C-3 Petition
does not alter Globalstar’s authorized plan for HIBLEO-4 deployment, as discussed infra at 5.

2
process and grant the Petition and enable Globalstar to expand and improve its services without

the need for a rulemaking or processing round.

II. Globalstar’s Expanding MSS Business Has Generated Substantial Public

Interest Benefits

Globalstar is a leading provider of global mobile satellite services. Operating

continuously in the Big LEO band for more than two decades, Globalstar’s NGSO MSS system

supports the delivery of reliable MSS to consumers, public safety personnel, and businesses

around the world. Globalstar utilizes a “bent-pipe” architecture with satellites that receive and

transmit voice and data traffic between an ever-expanding ecosystem of user devices and a

global network of gateway earth stations.

Globalstar’s constellation of satellites and ground stations on six continents currently

provide affordable, high-quality MSS to more than 780,000 of its own end user customers

around the world. With Globalstar’s support of direct satellite connectivity to users of Apple’s

iPhone 14, iPhone 15, and iPhone 16 families of devices, hundreds of millions of people

globally now have Globalstar MSS connectivity at their fingertips in situations where access to

communications is necessary and no terrestrial network is available. As evidenced by the

instant Petition seeking U.S. market access for a next-generation MSS system, Globalstar will

continue to invest in, innovate, and evolve its network to support a growing array of mobile

satellite devices and services, including direct-to-device features over its licensed spectrum.

Licensing and deployment history. On January 31, 1995, the Commission authorized

Globalstar to construct, launch, and operate a Big LEO MSS system consisting of up to 48

3
satellites, 4 and Globalstar initiated commercial service over the HIBLEO-4 constellation in 2000.

Globalstar operates its service links in the Big LEO band at 1610-1618.725 MHz/2483.5-2500

MHz and both its feeder links and telemetry, tracking, and command (“TT&C”) links at 5091-

5250 MHz/6875-7055 MHz. 5 Globalstar in 2007 deployed eight additional HIBLEO-4 satellites

to provide support for its duplex, simplex, and SPOT services.

In 2007, the Commission adopted an order establishing the current Big LEO band plan,

stating that Globalstar holds exclusive MSS operating rights in its licensed portion of the Big

LEO band. 6 The Commission also explained that its rebalancing of spectrum between Globalstar

and Iridium in that order was designed to achieve “long-term certainty and stability in the Big

LEO market.” 7 Based on the Commission’s conclusions in the 2007 Big LEO Order, Globalstar

invested over $1 billion in the development and deployment of its second-generation MSS space

4
See Application of Loral/Qualcomm Partnership, L.P. for Authority to Construct,
Launch, and Operate Globalstar, a Low Earth Orbit Satellite System, to Provide Mobile Satellite
Services in the 1610-1626.5 MHz/2483.5-2500 MHz Bands, Order and Authorization, 10 FCC
Rcd 2333 (1995). See also Globalstar Licensee LLC; Application for Modification of Non-
geostationary Mobile Satellite Service Space Station License; GUSA Licensee LLC; Applications
for Modification of Mobile Satellite Service Earth Station Licenses; GCL Licensee LLC,
Applications for Modification of Mobile Satellite Service Earth Station Licenses, Order, 26 FCC
Rcd 3948, ¶ 2 (IB 2011) (“Globalstar HIBLEO-X License Order”).
5
Iridium is authorized to share spectrum with Globalstar in the Big LEO band at
1617.775-1618.725 MHz.
6
See Spectrum and Service Rules for Ancillary Terrestrial Components in the 1.6/2.4 GHz
Big Leo Bands/Review of the Spectrum Sharing Plan Among Non-Geostationary Satellite Orbit
Mobile Satellite Service Systems in the 1.6/2.4 GHz Bands, Second Order on Reconsideration,
Second Report and Order, and Notice of Proposed Rulemaking, 22 FCC Rcd 19733, ¶ 43 (2007)
(“2007 Big LEO Order”) (“We will modify Globalstar’s license to reflect that Globalstar will
have exclusive MSS use of CDMA spectrum at 1610-1617.775 MHz.”). See also Globalstar
Licensee LLC, GUSA Licensee LLC, Order of Modifications, 23 FCC Rcd 15207, ¶ 44 (2008)
(“2008 Modification Order”) (“Globalstar’s Big LEO MSS satellites and mobile earth station
terminals are AUTHORIZED to operate in the 1610-1617.775 MHz frequency band on an
exclusive basis.”).
7
2007 Big LEO Order ¶ 17.

4
stations (the “HIBLEO-X” satellites), licensed by the Republic of France. On March 18, 2011,

the Commission authorized Globalstar’s domestic gateway earth station facilities and mobile

earth terminals to communicate with 24 HIBLEO-X satellites. 8 Globalstar deployed these

HIBLEO-X satellites in a series of launches from October 2010 to February 2013, and all 24 of

these satellites have since been in continuous service. 9

In September 2014, the Commission granted Globalstar’s application for modification to

extend the first-generation HIBLEO-4 license term to October 4, 2024. 10 On August 4, 2023,

Globalstar requested modification of its Big LEO MSS space station license to enable it to

launch and operate up to 26 replacement HIBLEO-4 satellites under a new fifteen-year license

term, to replenish its first-generation HIBLEO-4 deployment. 11 On August 16, 2024, the Space

Bureau granted authority to Globalstar to launch and operate 17 of these replacement HIBLEO-4

satellites and deferred consideration of the remaining nine requested satellites. 12 An initial

launch of eight replacement HIBLEO-4 satellites is scheduled for mid-2025. Globalstar will

place its additional HIBLEO-4 satellites and its French-licensed HIBLEO-X satellites into a

Walker 32 configuration, with four satellites in each of eight orbital planes.

8
Globalstar HIBLEO-X License Order. In this order, the Commission also authorized the
orbital reconfiguration of Globalstar’s HIBLEO-4 satellites. Id. ¶¶ 7, 33-34.
9
In June 2022, Globalstar launched one additional HIBLEO-X satellite to serve as an in-
orbit spare.
10
Policy Branch Information Actions Taken, Public Notice, 29 FCC Rcd 11258 at 2 (IB
2014); Application of Globalstar Licensee LLC to Modify Authorization to Extend the License
Term of NGSO Space Station License, IBFS File No. SAT-MOD-20130314-00030 (filed Mar.
14, 2013).
11
Application of Globalstar Licensee LLC for Modification of Non-Geostationary Mobile
Satellite Service System Authorization (S2115) Authorization to Launch and Operate
Replacement Satellites, IBFS File No. SAT-MOD-20230804-00192 (filed Aug. 4, 2023).
12
Replacement HIBLEO-4 Order.

5
 Relying on the Commission’s holdings in the 2007 Big LEO Order, Globalstar has in

recent years also made a substantial investment in the enhancement and expansion of its global

ground infrastructure, including in the United States. Globalstar has upgraded all of its existing

gateway earth stations through the deployment of second-generation feeder link antennas and has

extended its MSS footprint with the addition of ten new gateway locations in the United States

and around the world. Globalstar’s MSS network currently utilizes 28 gateway earth station

facilities in 18 countries globally, each providing between 700,000 and 1 million square miles of

coverage over the surface of the Earth. 13 In the United States and its territories, Globalstar now

operates gateway earth stations in Clifton, Texas; Naalehu, Hawaii; Reno, Nevada; Sebring,

Florida; Wasilla, Alaska; and Barrio of Las Palmas, Cabo Rojo, Puerto Rico.

Globalstar’s current MSS offerings. Globalstar’s global MSS system today supports

reliable services to consumers, public safety personnel, and other customers. Since initiating

commercial service in 2000, Globalstar has focused its MSS products and services on individual

consumer and commercial industrial applications. Reflecting its strong emphasis on the retail

consumer market, Globalstar’s MSS devices are easy to use and have long provided consumers

with inexpensive connectivity services.

Over its history, Globalstar has provided state-of-the-art, mission-critical services in

remote, unserved, and underserved areas not reached by terrestrial deployments, both in the

United States and globally. Globalstar’s MSS network provides critical back-up capabilities for

public safety personnel during disasters, when terrestrial networks can be rendered inoperable.

In situations where all terrestrial facilities are down in an affected area, Globalstar’s global MSS

13
In 2022, Globalstar terminated services to the three gateways in Russia due to that
nation’s ongoing aggression against Ukraine.

6
network continues to function normally. Public safety entities involved in relief efforts in the

United States and around the world have relied on Globalstar’s satellite services after

earthquakes, hurricanes, and other disasters.

Over the past fifteen years, Globalstar has developed the affordable and innovative

“SPOT” family of MSS devices, which has played a critical role in providing emergency and

other connectivity services to hundreds of thousands of people who travel off the grid beyond

terrestrial wireless reach. Overall, the SPOT family of products to date is responsible for

initiating over 10,000 emergency rescues via satellite in over 110 countries on six continents –

often life-saving, on land and at sea.

Globalstar has also developed an array of satellite solutions for customers in a wide

range of industries, including oil and gas, mining, construction, transportation, agriculture,

emergency management, government, maritime, and commercial fishing. Globalstar’s satellite

IoT products allow enterprises to streamline their operations and intelligently manage, monitor,

and track their mobile assets remotely via Globalstar’s MSS network. Globalstar complements

its IoT devices with a centralized cloud-based platform that provides live or historical tracking

of personnel, vehicles, and assets on-demand.

Apple Emergency SOS via satellite and other direct-to-device features. Over the past two

years, Globalstar’s licensed MSS spectrum has supported transformational satellite connectivity

for several direct-to-device features available to users of the iPhone 14, iPhone 15, and iPhone

16 families of Apple devices operating outside cellular and Wi-Fi coverage in the United States

and globally. The direct-to-device Emergency SOS via satellite feature introduced by Apple in

November 2022 – now available in the United States, Canada, twelve European countries,

Australia, New Zealand, and Japan – is being used daily and has led to numerous emergency and

7
lifesaving rescues, including during the 2023 Hawaii wildfires. 14 Since 2023, Globalstar’s

network has also supported Roadside Assistance via satellite and the Find My app, which allows

users to share their ___location with family and friends via satellite.

Most recently, Apple’s September 2024 release of iOS 18 has made available an

additional satellite-enabled feature in the United States and Canada, Messages via satellite,

which uses Globalstar’s licensed MSS frequencies to support two-way messaging between users,

including iMessage and SMS features (i.e., transmission and receipt of texts, emojis, and

tapbacks), in otherwise “off-network” conditions. In addition to having Emergency SOS via

satellite available during and after Hurricanes Helene and Milton in Fall 2024, users of iPhone

14, iPhone 15, and iPhone 16 models that had upgraded to iOS 18 could utilize this new two-way

messaging via satellite capability to reach family and friends in areas where network

connectivity was otherwise unavailable. 15

With an expanding suite of satellite-enabled features available in a growing number of

countries and regions around the world, Globalstar connectivity will be at the fingertips of

hundreds of millions of people when their need to communicate is not met by terrestrial

14
Praveena Somasundaram, As Maui fires raged, two friends sent an SOS from a swimming
pool, Washington Post (Aug. 17, 2023),
https://www.washingtonpost.com/nation/2023/08/17/lahaina-maui-wildfire-pool-rescue/.
Notably, in Japan, the country in which Apple direct-to-device features became available most
recently, the Emergency SOS via satellite feature was reportedly used in late December by two
men who had strayed off the course at a Japanese ski resort. As a result of this usage, the local
fire department was able to rescue these individuals. See スキー場で遭難…ｉＰｈｏｎｅ利
用し、衛星で救助要請 [Distressed at ski resort…iPhone used to request rescue via satellite],
Yomiuri Shimbun, Dec. 31, 2024, https://www.yomiuri.co.jp/local/kansai/news/20241230-
OYO1T50027/.
15
See, e.g., José Adorno, Apple’s iPhone satellite messaging is ‘literally saving lives’ amid
North Carolina flooding, BGR (Sept. 30, 2024, 2:02 PM), https://bgr.com/tech/apples-iphone-
satellite-messaging-is-literally-saving-lives-amid-north-carolina-flooding/.

8
infrastructure. Given this reality, Globalstar’s few megahertz of licensed Big LEO spectrum are

destined to be the most intensively utilized satellite-allocated frequencies worldwide.

C-3 System contracts and ITU process. Globalstar began work on the C-3 System

satellites in October 2023. The C-3 System satellite bus subsystem and payload are being

designed and manufactured by MDA Space (“MDA”). Globalstar’s purchase of the C-3

satellites, their launch and deployment, and the construction of associated ground infrastructure

represent an overall investment of more than $1 billion.

Globalstar is undertaking the development of the next-generation C-3 System pursuant to

the AST-NG-C-3 filing at the ITU. The French National Agency for Radio Frequencies

(“ANFR”) first notified the AST-NG-C-3 System to the ITU on behalf of Airbus Defence and

Space with a protection date of June 20, 2016. The AST-NG-C-3 filing was subsequently

brought into use within the required deadline established under ITU regulations, thus retaining

this protection date. Subsequently, the right to use and operate this filing have been transferred

to Globalstar Licensee LLC’s wholly owned subsidiary Globalstar France SAS, enabling

Globalstar to pursue the necessary governmental authorizations and to commercialize and

operate this system.

Globalstar is in the process of obtaining all necessary authorizations from France to

operate the C-3 System. France will also be the notifying administration to the U.N. Register of

Space Objects and responsible for authorization and regulation of its on-orbit operations. With

its HIBLEO-4, HIBLEO-X and C-3 System deployments, Globalstar will continue to operate

satellites registered through two different administrations.

9
III. Legal Qualifications

As required by Section 25.137 of the Commission’s rules and the Commission’s DISCO

II Order, 16 Globalstar is legally qualified to operate the C-3 System in the United States market.

The information provided in the attached FCC Form 312 and associated exhibits demonstrates

Globalstar’s compliance with the Commission’s legal qualifications. Globalstar already holds

Commission licenses, and its qualifications to hold satellite authorizations are a matter of record

confirmed by the Commission. 17

IV. Technical Qualifications and System Architecture

Globalstar is technically qualified to operate the C-3 System satellites in the United

States. Pursuant to Section 25.137 and the DISCO II Order, Globalstar with this Petition

provides all of the technical information for these satellites required by Sections 25.114 and

25.143 (including the information in FCC Form Schedule S, the attached Technical Exhibit

(Exhibit A), and the attached Orbital Debris Mitigation Exhibit (Exhibit B)). 18 Globalstar will

comply with all applicable technical rules for the Big LEO MSS band.

16
47 C.F.R. § 25.137; Amendment of the Commission’s Regulatory Policies to Allow Non-
U.S. Licensed Satellites Providing Domestic and International Service in the United States, Report
and Order, 12 FCC Rcd 24094 (1997) (“DISCO II Order”).
17
See, e.g., Vodafone Americas Asia Inc. (Transferor), Globalstar Corporation
(Transferee), Consent to Transfer Control of Licenses and Section 214 Authorizations and
Petition for Declaratory Ruling Allowing Indirect Foreign Ownership, Order and Authorization,
17 FCC Rcd 12849 ¶ 17 (IB 2002); Globalstar Licensee, LLC and GUSA Licensee, LLC, Order,
25 FCC Rcd 13961 ¶ 4 (EB 2010).
18
47 C.F.R. §§ 25.114, 25.137, 25.143; DISCO II Order. Non-U.S. licensed operators
seeking U.S. market access must include the same information provided by applications for U.S.
space station licenses. In addition, as explained infra at 23-24, Globalstar is requesting a waiver
of the Commission’s Schedule S requirements with respect to Globalstar’s provision in Schedule
S of representative data for its beam and channelization information.

10
 The C-3 System will consist of 48 operational satellites and up to six in-orbit spares.

Globalstar will operate the C-3 System simultaneously and in conjunction with its existing

HIBLEO-4 and HIBLEO-X deployments. Like Globalstar’s existing satellites, the C-3 System

satellites will be bent-pipe repeaters. The C-3 satellites will also operate at the same orbital

altitude (1414 km), the same inclination (52 degrees), and in the same frequency bands (for

service links, feeder links, and TT&C) as Globalstar’s existing satellites. 19 The C-3 satellites

will operate in a Walker 48 configuration, utilizing twelve orbital planes (equally spaced around

the Equator at a 52 degree inclination) . The expected lifespan of the satellites is 12.5 years.

Higher EIRP and dynamic beamforming. The C-3 System satellites are capable of

dynamic beam shaping, and will also feature higher-power transmit capabilities and a more

robust signal strength on the ground. Specifically, the satellites will be able to transmit higher

EIRP spot beams within Globalstar’s licensed MSS downlink spectrum at 2483.5-2496 MHz.

These spot beams are dynamically formed based on user traffic, using digital beamforming

technology, and their particular EIRP will vary depending on different user services and

demand. This dynamic beamforming and beam-hopping design enables efficient and intensive

utilization of the Big LEO MSS downlink spectrum with greater frequency re-use. The C-3

satellites will direct satellite power and the higher EIRP spot beams to specific user locations as

needed, with these beams configured roughly every millisecond to serve end users. 20

19
Globalstar’s six in-orbit C-3 spares orbiting at approximately 680 km will each undergo
payload testing involving transmissions in Globalstar’s licensed service link, feeder link, and
TT&C spectrum. The C-3 Petition’s request for U.S. market access covers these spare satellite
communications and all other C-3 space station communications occurring in the United States
following satellites’ placement into insertion orbit until elevation to 1414 km for commercial
operations. See Technical Exhibit at 3.
20
Globalstar notes that within the 2496-2500 MHz downlink band segment subject to the
Commission’s power flux density limits in Section 25.208(v) of its rules, the C-3 satellites’
dynamic beams will have reduced EIRP to comply with those limits.

11
 Within the 2483.5-2500 MHz service downlink band, the C-3 System satellites’ spot

beams will be transmitted over band segments composed of varying multiples of 200 kHz

bandwidth channels, including segments as wide as one to two megahertz. The specific

channelizations will vary depending on different user services and demand. A dynamic

allocation of bandwidth from the feeder uplink spectrum at 5091-5250 MHz to the service

downlink beams at 2483.5-2500 MHz enables efficient use of that service downlink spectrum.

For the C-3 System service uplink at 1610-1618.725 MHz, there are a large number of

fixed beams covering the satellites’ field of view. With respect to channelization, as with the C-

3 service downlink, these uplink beams will occupy band segments composed of varying

multiples of 200 kHz bandwidth channels, including segments as wide as one to two megahertz.

A dynamic allocation of bandwidth from each of the beams to the feeder link allows efficient use

of feeder downlink spectrum at 6875-7055 MHz.

Ground infrastructure. The global buildout of the C-3 System ground infrastructure

will include the deployment of approximately 90 new earth station antennas at approximately

35 gateway earth station facilities located in at least 25 countries and territories around the

world. This further expansion of Globalstar’s ground segment is necessary to support the C-3

System operations and underscores Globalstar’s commitment to maximizing its coverage of

inhabited regions subject to natural and manmade disasters. In particular, Globalstar in the

United States and its territories will deploy entirely new gateway earth station facilities in

Hawaii and other locations. Globalstar will obtain the required earth station authorizations for

its new ground operations both from the Commission and from relevant non-U.S.

administrations. Globalstar’s C-3 System will be controlled by redundant SOCCs located in

12
Covington, Louisiana and Toulouse, France, with an additional backup facility located in

Milpitas, California.

The gateway earth station antennas for the C-3 System will communicate with the C-3

satellites over the same C-band frequencies (5091-5250 MHz for the feeder uplink and 6875-

7055 MHz for the feeder downlink) that all Globalstar earth stations have utilized over the past

two decades. 21 For the C-3 satellites, however, Globalstar’s feeder link and TT&C operations in

the C band – including the division of bandwidth between feeder link and TT&C traffic channels

– will be dynamic in nature, in contrast to the static division found in the HIBLEO-4 and

HIBLEO-X deployments.

Compliance with Part 25 rules. Globalstar’s C-3 System will comply with the

Commission’s Part 25 technical rules for the Big LEO MSS band. As indicated above, all of the

technical information required by Sections 25.114 and 25.143 of the Commission’s rules is

provided in the attached FCC Form 312, in Schedule S, and in narrative form in the attached

Technical Exhibit, Exhibit A to the Petition. 22 The 48-satellite C-3 System deployment (plus up

to six in-orbit spares) will comply with the Commission’s Big LEO MSS geographic coverage

requirements contained in Section 25.143(b)(2). 23 In addition, this deployment will comply with

the power flux density limits into the 2496-2500 MHz band, contained in Section 25.208(v). 24

Globalstar’s C-3 System will also meet the Commission’s frequency tolerance requirement in

Section 25.202(e), the emission limitations in Section 25.202(f), the frequency reuse requirement

21
See, e.g., Amendment of Parts 2, 25 and 97 of the Commission’s Rules with Regard to the
Mobile-Satellite Service Above 1 GHz, Report and Order, 17 FCC Rcd 2658, ¶ 52 (2002).
22
47 C.F.R. §§ 25.114, 25.143.
23
Id.. § 25.143(b)(2).
24
International Telecommunication Union Radio Regulations, Appendix 5 Annex 1, Table
5-2; 47 C.F.R. § 25.208(v).

13
in Section 25.210(f), and the Section 25.207 requirement that they be capable of ceasing radio

emissions by the use of appropriate devices (in Globalstar’s case by ground command). 25

With respect to orbital debris mitigation, Globalstar is subject to direct and effective

regulatory oversight by the Republic of France. 26 In addition, Globalstar expects that the C-3

System will ultimately meet all applicable Commission requirements for orbital debris

mitigation contained in Section 25.114(d)(4) of its rules, including the Commission’s five-year

de-orbiting requirement. 27 Globalstar provides all necessary information regarding its

compliance with these orbital debris mitigation requirements in the Orbital Debris Mitigation

Exhibit, Exhibit B to the Petition.

Protection of other services from harmful interference. Just like its existing MSS

satellites, Globalstar’s C-3 System satellites will protect other services in or adjacent to the 1610-

1618.725 MHz and 2483.5-2500 MHz bands, including co-channel Broadband Radio Service

(“BRS”) and Broadcast Auxiliary Service (“BAS”) licensees and adjacent-band radio astronomy.

In deploying the C-3 System, Globalstar will take all practical steps to safeguard radio

astronomy stations from harmful interference, as required by Section 25.213(a) of the

Commission’s rules. 28 As always, Globalstar will work cooperatively with the radio astronomy

community to address any possible technical concerns. In addition, in conjunction with C-3

System deployment, Globalstar commits to collaborating and coordinating its C-3 System

operations with NASA to promote a mutually beneficial space environment that would minimize

25
47 C.F.R. §§ 25.202(e), 25.202(f), 25.207, 25.210(f).
26
See Mitigation of Orbital Debris in the New Space Age, Report and Order and Further
Notice of Proposed Rulemaking, 35 FCC Rcd 4156, ¶ 145 (2020).
27
Id. § 25.114(d)(14).
28
47 C.F.R. § 25.213(a).

14
impacts to NASA’s science missions involving astronomy. 29 Further, Globalstar commits to

working with the National Science Foundation (“NSF”) to realize a mutually acceptable

coordination agreement to mitigate the impact of its satellites on optical ground-based

astronomy. 30 Globalstar will comply with any NSF-related reporting requirements adopted in a

U.S. market access order for the C-3 System, including any required reports describing the steps

that Globalstar has taken to reduce the impact of its satellites on optical astronomy.

V. Grant of the Petition is in the Public Interest

Grant of Globalstar’s request for U.S. market access for the next-generation 48-satelllite

C-3 System will further the public interest, convenience, and necessity. Operation of the C-3

System will help maximize the utility of Globalstar’s licensed MSS spectrum and provide

substantial public interest benefits.

Authorization of the C-3 System in the United States is essential to Globalstar’s

continued investment and innovation in the MSS marketplace. The C-3 System’s use of new

technologies – including dynamic beamforming and the ability to transmit higher and lower

EIRP beams – will expand Globalstar’s range of MSS products and services. The C-3 System

deployment is vital for the emergence of Globalstar’s advanced commercial/enterprise IoT and

consumer-based MSS offerings, as well as an essential foundation for a variety of new,

innovative direct-to-device satellite features on supported devices, such as Apple’s iPhones.

Among other things, given the greater signal strength of the C-3 System and the continuous

availability of multiple satellites overhead, end users receiving direct-to-device services over

29
Replacement HIBLEO-4 Order ¶¶ 17, 28. Globalstar will also communicate and
collaborate with NASA to support the safety of both Globalstar and NASA assets and to preserve
long-term sustainable space-based communications services. Id.
30
Id.

15
Globalstar’s C-3 System will enjoy much-improved in-building and in-vehicle connectivity with

less dependency on antenna orientation. Globalstar’s upgraded MSS operations and enhanced

connectivity over the C-3 System will provide substantial benefits for public safety users and

consumers throughout the United States, particularly in rural and remote areas.

Given the ongoing contribution of Globalstar’s MSS system to communications in rural

and remote areas of the United States and elsewhere, grant of the Petition will further the

Commission’s original public interest goals in establishing the Big LEO MSS service. The

Commission has previously pointed to the ability of Big LEO MSS licensees to “serve areas of

the country that are too remote or sparsely populated to be served by terrestrial land mobile

systems” and to “generate a host of new services by providing communication between virtually

any point in the country, irrespective of distance.” 31 The Commission has further recognized

that Big LEO MSS operations will “meet rural public safety needs and provide emergency

communications to any area in times of emergencies and natural disasters” and will be “uniquely

suited for meeting the needs of the transportation, petroleum, and other vital industries.” 32 With

Commission grant of the Petition, Globalstar will continue to serve as an important source of

innovative and mission-critical services in remote, unserved, and underserved areas of the United

States, and as an essential back-up capability during disasters when terrestrial networks are often

left inoperable.

31
Establishing Rules and Policies for the Use of Spectrum for Mobile Satellite Service in the
Upper and Lower L Band, Notice of Proposed Rulemaking, 11 FCC Rcd 11675, ¶ 12 (1996).
32
Id.

16
 Grant of the C-3 Petition will also bolster innovation and competition in the satellite

marketplace. 33 As described above, the C-3 System will help enable Globalstar to support

direct-to-device features and services that are competitive or complementary to Supplemental

Coverage from Space (“SCS”) offerings. 34 It is critical that dedicated MSS operators play an

integral part in the nation’s Single Network Future, in which as Chairman Carr points out

“[s]pace mobile services . . . will help extend coverage even further across the country to keep

consumers connected across rural and remote areas.” 35 Deployment of Globalstar’s next-

generation, higher-power C-3 System in the Big LEO MSS band is essential to maintaining

competitive parity with future providers of SCS direct-to-device offerings, as well as other

foreign operators such as China’s Beidou system that seek to offer their own direct-to-device

connectivity in other regions.

33
The Commission has repeatedly acknowledged the importance of fostering increased
competition in the satellite industry. See, e.g., Revising Spectrum Sharing Rules for Non-
Geostationary Orbit, Fixed-Satellite Service Systems, Revision of Section 25.261 of the
Commission's Rules to Increase Certainty in Spectrum Sharing Obligations Among NGSO FSS
Systems, Order and Notice of Proposed Rulemaking, 36 FCC Rcd 17871, ¶ 1 (2021) (“This
rulemaking will continue to facilitate the deployment of NGSO FSS systems capable of
providing broadband and other services on a global basis, and will promote competition among
NGSO FSS system proponents, including the market entry of new competitors.”); Third Report
and Analysis of Competitive Market Conditions with Respect to Domestic and International
Satellite Communications Services, Third Report, 26 FCC Rcd 17284, Statement of
Commissioner Michael J. Copps (2011) (“Satellite can play a key role in our broadband future.
We must continue to foster competition in this unique and important sector of the
communications market.”).
34
See Single Network Future: Supplemental Coverage from Space, Space Innovation,
Report and Order and Further Notice of Proposed Rulemaking, 39 FCC Rcd 2622 (2024).
35
Single Network Future: Supplemental Coverage from Space; Space Innovation, Notice of
Proposed Rulemaking, 38 FCC Rcd 2790 (2023) (Statement of Commissioner Carr) (“Consumers
don’t care whether the signal was beamed to their device from a tower on top of an office building
or from a satellite orbiting the Earth. They only care that they have access to an affordable, high-
quality connection.”).

17
VI. Additional DISCO II and Section 25.137 Criteria for U.S. Market Access

The Commission has established a framework for evaluating requests for non-U.S.

licensed space stations to access the U.S. market. For such a request to be granted, the petitioner

must address whether the public interest is furthered by consideration of several factors,

including (i) the effect on competition in the United States, (ii) spectrum availability, and (iii)

national security, law enforcement, foreign policy, and trade considerations. 36 Application of

these criteria to the Petition support a grant of U.S. market access for the C-3 System. 37

Effect on competition. Under the Commission’s rules, an applicant seeking access to the

U.S. market for a non-U.S. licensed satellite system is entitled to a presumption in favor of U.S.

market access if the applicant is licensed by a World Trade Organization (“WTO”) member

country to provide satellite services covered by the WTO Basic Telecommunications Agreement

(“WTO Agreement”). 38 As indicated above, Globalstar’s C-3 System will be authorized by the

Republic of France, a WTO member, and this system will provide only satellite services that are

covered by the WTO Agreement. 39 Accordingly, Globalstar is entitled to a presumption that

market entry for the C-3 System will satisfy the competition element of the DISCO II public

interest analysis. Globalstar is not required to make an effective competitive opportunities

showing in the Petition. 40

36
DISCO II Order ¶ 29.
37
As indicated above, Globalstar will pursue the implementation of the C-3 System
pursuant to the French Administration’s AST-NG-C-3 filing at the ITU. The Commission can
consider a request for U.S. market access from a non-U.S. licensed NGSO-like satellite system if
such a system has been submitted for coordination to the ITU. 47 C.F.R. § 25.137(c)(3).
38
47 C.F.R. § 25.137(a)(2); DISCO II Order ¶ 39.
39
DISCO II Order ¶ 30 (MSS is a WTO-covered service).
40
47 C.F.R. § 25.137(a)(2).

18
 Spectrum availability. Under the DISCO II framework, the Commission also considers

spectrum availability as a factor in determining whether authorizing a non-U.S. licensed satellite

to serve the U.S. market is in the public interest. 41 In doing so, the Commission assesses

whether a grant of access would create the potential for harmful interference with U.S. licensed

satellite and terrestrial systems. If authorized for operations in the United States, Globalstar’s C-

3 System will not cause harmful interference to any other licensed services. Accordingly,

Globalstar satisfies this spectrum availability requirement.

National security, law enforcement, foreign policy, and trade. Grant of Globalstar’s U.S.

market access request for the C-3 System is also consistent with U.S. national security, law

enforcement, and public safety considerations. While the Commission weighs such issues in

assessing requests for market access for non-U.S. licensed satellites, it has stated that they are

relevant in these proceedings only in “rare circumstances.” 42 Globalstar’s request to operate the

C-3 system in the U.S. market does not raise such issues, and, accordingly, Globalstar satisfies

this aspect of the Commission’s DISCO II public interest analysis.

VII. The Commission Should Grant the Petition Without Initiating a New Big LEO
Rulemaking or Conducting a Processing Round Under Section 25.157

In 2024, the Space Bureau stated that “the 1.6/2.4 GHz bands [Globalstar’s licensed Big

LEO spectrum] are not available for licensing of an additional NGSO MSS system” and that “the

proper proceeding would be a new rulemaking to determine whether there is additional

availability for another CDMA MSS system in the 1.6/2.4 GHz bands.” 43 These

41
DISCO II Order ¶ 149.
42
Id. ¶ 180.
43
See Space Exploration Holdings, LLC Application for Modification of Authorization for
the SpaceX Gen2 NGSO Satellite System to Add a Mobile-Satellite Service System, Order, 39
FCC Rcd 3007, ¶ 8 (2024) (“SpaceX Dismissal Order”). The Bureau further indicated that “[t]he

19
pronouncements should not apply to proposed deployments by Globalstar itself, however, which

currently holds exclusive MSS operating rights in this licensed spectrum. 44 The Commission

should grant authority to Globalstar to operate the C-3 System in the United States without

initiating a new rulemaking or conducting a processing round under Section 25.157. 45 Waiver of

Section 25.157 is in keeping with Commission policy and precedent and would advance the

public interest far more effectively than pursuing either of these alternative paths. 46

Grant of the Petition without a Big LEO rulemaking or processing round would be

consistent with and reaffirm Globalstar’s long-established, beneficial MSS operating rights in its

licensed Big LEO MSS spectrum. The Commission’s stated objectives in 2007 in rebalancing

the Big LEO MSS band and granting exclusive operating rights to both Globalstar and Iridium

carefully rebalanced Big LEO band plan the Commission adopted in 2007 does not envision an
additional CDMA MSS system . . . operating in this band.” Id.
44
In the 2007 Big LEO Order, the Commission provided exclusive MSS operating rights to
Globalstar at 1610-1617.775 MHz and eliminated any further spectrum sharing policy for Code
Division Multiple Access (“CDMA”) operators in the Big LEO MSS band. 2007 Big LEO
Order ¶ 43. The Commission confirmed Globalstar’s exclusive MSS operating rights at 1610-
1617.775 MHz in its 2008 Globalstar license modification order implementing the 2007 Big LEO
Order, stating there that “Globalstar is now authorized to operate its space stations in the 1610-
1617.775 MHz frequency band on an exclusive basis” and indicating in its ordering clause that
“Globalstar’s Big LEO MSS satellites and mobile earth station terminals are AUTHORIZED to
operate in the 1610-1617.775 MHz frequency band on an exclusive basis.” 2008 Modification
Order ¶¶ 1, 44. The Space Bureau reiterated Globalstar’s exclusive Big LEO MSS operating
rights in both the Replacement HIBLEO-4 Order and the SpaceX Dismissal Order. See
Replacement HIBLEO-4 Order ¶ 9 n.34 (“Globalstar has exclusive use of the 1610-1617 MHz
band”); SpaceX Dismissal Order ¶ 6 (“Globalstar is authorized to operate its space stations in the
1610-1617.775 MHz frequency band on an “exclusive basis”).
45
47 C.F.R. § 25.157.
46
Under Section 1.3 of the Commission’s rules, the Commission can waive its rules for
good cause shown. 47 C.F.R. § 1.3. See also WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir.
1969); Ne. Cellular Tel. Co. v. FCC, 897 F.2d 1164 (D.C. Circ. 1990). The Commission has
recognized that “[w]aiver is appropriate if special circumstances warrant a deviation from the
general rule and such deviation would better serve the public interest than would strict adherence
to the general rule.” GE Am. Commc’n, Inc., 16 FCC Rcd 11038, ¶ 9 (IB 2001) (quoting WAIT
Radio, 418 F.2d at 1159).

20
were to “provide certainty and stability for MSS systems operating in the Big LEO bands” 47 and

“ensur[e] that both MSS operators have access to adequate spectrum to provide their services.” 48

This regulatory approach in the Big LEO band has been extraordinarily successful and yielded

numerous public interest benefits, including the development of transformational satellite

connectivity for direct-to-device features.

Fundamentally, as the exclusive MSS rights holder in its licensed Big LEO spectrum,

Globalstar should be able to implement a next-generation MSS system in this band. This

approach is consistent with the Commission’s longtime policies supporting a replacement

expectancy for Big LEO MSS operators. With respect to replacement expectancy, the

Commission has recognized the interest in service continuity in the satellite context 49 and that

satellite licensees must be able to enhance and expand their services and improve their

technologies over time. 50 The Commission has further said that it will grant licensees authority

to implement next-generation systems “unless extraordinary circumstances prevent us from

doing so.” 51

47
2007 Big LEO Order ¶ 43.
48
Id.
49
See Comprehensive Review of Licensing and Operating Rules for Satellite Services,
Further Notice of Proposed Rulemaking, 29 FCC Rcd 12116, ¶ 54 (2014); see also
Comprehensive Review of Licensing and Operating Rules for Satellite Services, Second Report
and Order, 30 FCC Rcd 14713 (2015).
50
See Amendment of the Commission’s Rules to Establish Rules and Policies Pertaining to
a Mobile Satellite Service in the 1610-1626.5/2483.5-2500 MHz Frequency Bands,
Memorandum Opinion and Order, 11 FCC Rcd 12861, ¶ 50 (1996).
51
Amendment of the Commission's Rules to Establish Rules and Policies Pertaining to a
Mobile Satellite Service in the 1610-1626.5/2483.5-2500 MHz Frequency Bands, Report and
Order, 9 FCC Rcd 5936, ¶ 187 (1994).

21
 If the Commission instead responds to the Petition by initiating a new Big LEO

rulemaking on spectrum sharing or a Section 25.157 processing round, the resulting new

operator entry into Globalstar’s licensed spectrum would inevitably cause extensive harmful

interference to Globalstar’s MSS offerings. Given the nature of MSS and the use of mobile

devices employing omnidirectional antennas lacking discrimination and directionality, 52 physics

dictates that it would not be possible for any new entrant to provide commercially viable MSS

using a satellite network operating on a co-frequency basis over the same geographic regions as

Globalstar without meaningfully exceeding applicable interference thresholds. 53

Band segmentation is also not a feasible option; there is simply not enough spectrum in the

Big LEO MSS band to segment it between multiple operators. This approach would leave

Globalstar and other providers unable to sustain successful commercial operations. Operators

52
The Commission has repeatedly recognized that the necessary use of omnidirectional
antennas in MSS spectrum precludes co-frequency spectrum sharing in those bands. See
Amendment of Part 2 of the Commission’s Rules for Federal Earth Stations Communicating with
Non-Federal Satellite Service Space Stations, Notice of Proposed Rulemaking and Notice of
Inquiry, 28 FCC Rcd 6698, ¶ 13 n. 25 (2013) (“This is in contrast to the MSS, where the
spectrum is generally licensed exclusively to a single licensee. The earth stations in the MSS
often use omni-directional antennas on portable devices which makes it extremely difficult to
avoid causing interference to other satellites sharing the same spectrum.”); Kuiper Systems, LLC
Application for Authority to Deploy and Operate a Ka-Band Non-Geostationary Satellite Orbit
System, Order and Authorization, 35 FCC Rcd 8324, ¶ 22 n. 47 (2022) (“In MSS only bands,
frequencies were typically assigned to a single operator because omni-directional antennas could
not discriminate between satellites.”); Communications Marketplace Report, 37 FCC Rcd 15514,
¶ 178 n. 560 (2022) (“Unlike Mobile Satellite Service (MSS) spectrum, with its use of
omnidirectional antennas, which prevents others from using the same frequencies due to
interference, FSS spectrum can be reused (i.e., shared) repeatedly through the use of directional
antennas.”).
53
Both the Commission and the ITU have well-established standards and recommendations
for band sharing, coordination, and tolerable interference. For MSS systems, these standards are
based on engineering values for the systems’ power flux density (“PFD”) (space-to-Earth) and
EIRP density (Earth-to-space), along with associated tolerances for signal degradation and
interference.

22
would lack sufficient channel bandwidth to support existing services, introduce new offerings, or

justify the massive investments needed to fund and operate future systems.

Certainly, Globalstar should be able to advance and diversify its services in its exclusively

licensed MSS spectrum without having to accept destructive interference or forfeiting a chunk of

its authorized spectrum through band segmentation. 54 A Commission decision to impose such

terms on Globalstar would undercut its flourishing satellite business and more generally

discourage the multi-year planning and investment that is essential to the deployment and

evolution of successful satellite networks. 55

VIII. Waiver of Schedule S Requirements

In accordance with the Commission’s rules, Globalstar has included with the Petition a

completed Schedule S, containing certain technical information largely in the required form. 56

As described above and in the Technical Exhibit (Exhibit A), however, the C-3 System will

feature steerable and shapeable spot beams and dynamic channelization based on end-user traffic

and demand. With Schedule S permitting the entry only of static beam and channelization

54
Waiver of the Section 25.157 processing round requirement should encompass not
only Globalstar’s C-3 request for service link authority in the Big LEO band, but also its
request for feeder link and TT&C authority in the C-band. In addition, to the extent
necessary, Globalstar requests waiver of Section 25.156(d)(4) of the Commission’s rules,
which requires separate treatment of requests for service link and feeder link authority. 47
C.F.R. § 25.156(d)(4). Grant of this waiver is in the public interest. As described above,
Globalstar has been operating the service links, feeder links, and TT&C for its existing
satellites in the same frequency bands for more than twenty years, and there is no basis for
separate consideration of its parallel C-3 frequency requests. Unified review of these
requests will facilitate efficient processing of Globalstar’s Petition, while separate
consideration would only lead to unnecessary delay.
55
This approach likely would also cause chaos in the Big LEO band internationally as other
administrations are encouraged to similarly allow new operator entry despite Globalstar’s
longstanding senior ITU status and the inevitability of harmful interference to Globalstar’s
safety-of-life services.
56
47 C.F.R. § 25.114(a)(1).

23
information, Globalstar in Schedule S provides representative data on these system parameters.

To the extent necessary, Globalstar requests that the Commission waive its Schedule S

requirements for these responses. 57

IX. Conclusion

For the aforementioned reasons, the Commission should expeditiously grant Globalstar’s

Petition for Declaratory Ruling requesting authority to serve the United States market through

the next-generation C-3 System in the Big LEO MSS band.

Respectfully submitted,

/s/ Stephen J. Berman

L. Barbee Ponder IV Stephen J. Berman

General Counsel & Vice President Lerman Senter PLLC
Regulatory Affairs 2001 L Street NW, Suite 400
Globalstar, Inc. Washington, DC 20036
1351 Holiday Square Blvd. (202) 416-6754
Covington, LA 70433
Counsel for Globalstar Licensee LLC

February 14, 2025

57
47 C.F.R. § 1.3. See also WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969); Ne.
Cellular Tel. Co. v. FCC, 897 F.2d 1164 (D.C. Circ. 1990).

24