FCC Web Documents citing 25.117

as compiled by hallikainen.com/FccRules on 2012 07 01

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  • 20, 2007 Released: June 22, 2007 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau and Telenor Satellite, Inc. (``TSI''). The Consent Decree terminates an investigation initiated by the Enforcement Bureau into whether TSI violated Section 301 of the Communications Act of 1934, as amended, and Sections 25.102(a) and 25.117 of the Commission's rules, by apparently failing to timely renew its blanket license for Inmarsat-C mobile earth stations, call sign E000284, operating the mobile earth stations after expiration of its license under call sign E000284, and failing to operate a satellite earth station in Santa Paula, California, call sign E980136, within the terms of its authorization. The Enforcement Bureau and
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  • (``Walgreens'' or ``company''), licensee of Ku-band satellite earth station E880547, in Mount Prospect, Illinois, apparently liable for a forfeiture in the amount of seventeen thousand dollars ($17,000) for unauthorized operations of its Very Small Aperture Terminal (``VSAT'') network, in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, (``Act'') and Sections 25.102(a) and 25.117(a) of the Commission's Rules (``Rules''), as well as for its willful and repeated failure to notify the Commission of permitted modifications to its VSAT system within the required time period in violation of Section 25.118(a) of the Rules. background Walgreens is a large pharmaceutical retailer with more than 5,400 locations and holds Commission authorization to operate a fixed satellite VSAT
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  • 2007 Released: March 1, 2007 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau and Wal-Mart Stores, Inc. (``Wal-Mart''). The Consent Decree terminates an investigation initiated by the Enforcement Bureau regarding whether Wal-Mart violated Section 301 of the Communications Act of 1934, as amended (``Act''), and Sections 25.102(a) and 25.117(a) of the Commission's Rules (``Rules'') by modifying its satellite earth station facilities without authorization and operating these facilities at variance from the terms of the authorizations. The Enforcement Bureau and Wal-Mart have negotiated the terms of a Consent Decree that resolves this matter and terminates the investigation. A copy of the Consent Decree is attached hereto and incorporated by reference.
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  • September 8, 2008 By the Deputy Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Comtech Mobile Datacom Corporation (``CMDC''). The Consent Decree terminates an investigation by the Bureau against CMDC for possible violations of section 301 of the Communications Act of 1934, as amended (``Act''), and sections 25.102, 25.117, 25.136(d) and 25.276(a) of the Commission's Rules (``Rules'') regarding CDMC's modification and operation of its mobile earth terminal (``MET'') system. The Bureau and CMDC have negotiated the terms of a Consent Decree that resolve these matters. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the
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  • 25, 2008 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Honeywell International, Inc. (``Honeywell''). The Consent Decree terminates an investigation of Honeywell by the Bureau for possible violations of Section 301 of the Communications Act of 1934, as amended (``Act''), and Sections 25.102, 25.117, and 25.119 of the Commission's Rules (``Rules'') regarding the operation and pro forma assignment of an earth station license. The Bureau and Honeywell have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts
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  • ($12,800) for operating the Satcom C-3 satellite without Commission authority, in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act'') and Section 25.102 of the Commission's Rules (``Rules''), and for its willful violation in failing to timely file the required modification application to extend the term of the license pursuant to Section 25.117 of the Rules. background On August 25, 1989, SES was granted a license to operate the Satcom C-3 satellite. Under the terms of its license, SES's authorization for the satellite expired on December 16, 2007. Thereafter, on March 10, 2008, SES became aware that it had failed to file a modification to extend the terms of its license for the
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  • Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') of the Federal Communications Commission and Globalstar Licensee, LLC, and its affiliate, GUSA Licensee LLC, (collectively, ``Globalstar''). The Consent Decree terminates investigations by the Bureau against Globalstar for possible violations of Section 301 of the Communications Act of 1934, as amended (``Act''), and Sections 25.102(a) and 25.117(a) of the Commission's Rules (``Rules''), regarding the operation of its Mobile Satellite Service constellation and its Mobile Earth Terminals. The Bureau and Globalstar have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts
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  • now requests an extension of the QuickBird-1 construction completion milestone from June 2000 to November 2000, and the launch milestone from August 2000 to April 2001. EarthWatch also seeks an extension of the QuickBird-2 construction completion milestone from December 2000 to May 2001, and the launch milestone from April 2000 to December 2001. Alternatively, EarthWatch seeks a waiver of Section 25.117(e)(1), governing milestone extension requests. Following public notice, no comments or oppositions were filed in response to EarthWatch's request. III. DISCUSSION We find that EarthWatch has justified its request for extension of its satellite construction completion and launch milestones for QuickBird-1 and QuickBird-2. The request for QuickBird-1 is based on the deficiency of a critical component of the remote sensing satellite,
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  • account, and that Loral will continue to take Onsat's non-routine operations into account in future coordination discussions. Based on the Loral affidavit, and pursuant to our case-by-case method of review, we have already granted a license to Onsat on a case-by-case basis to operate a single transmit/receive 3.7-meter antenna in the C-band in Red Mesa, Arizona. In addition, under section 25.117, Onsat is permitted to apply to modify its Red Mesa license to add technically identical antennas to communicate with Telstar 5 at 97� W.L. Onsat may apply to add these technically identical antennas anywhere in the United States, but it may not file its modification application for those antennas until it has completed coordination with terrestrial wireless operators, and it
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  • a Fee Collection Program to Implement the Provision of the Omnibus Budget Reconciliation Act of 1985, 2 FCC Rcd (``Fee Collection Order''), clarified on recon., 3 FCC Rcd 5987 (1988); Consolidated Omnibus Reconciliation Act of 1985, Pub L. No. 99-272 5002(e), (f), 100 Stat. 82, 118-21 (1986). See 47 U.S.C. 158(d)(2) and 47 CFR 1.1117. See also, 47 CFR 25.114, 25.117, 25.118, and 25.140]. Jackson Radio Works, Inc. - Request for waiver of late charge penalty for the late payment of regulatory fees for Jackson Radio Works, Inc. at Jackson, MI. Denied. (October 18, 2000). [See 47 CFR 1.1164(b)]. KAPS Radio - Request for waiver of the late charge penalty for late payment of FY 1998 regulatory fees for KAPS at
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  • that the construction of both satellites has begun, and that it will meet the currently scheduled launch date for Quickbird-1. EarthWatch also explains that the extension would allow it develop the market for services derived from QuickBird-1 before introducing the services of QuickBird-2. We find that EarthWatch has not justified an extension of its construction completion or launch milestones. Section 25.117(e)(1) of the Commission's rules permits milestone extensions only for circumstances beyond the control of the licensee. EarthWatch does not explain why it needs to conduct "additional testing" on QuickBird-2, so we cannot determine whether the decision to conduct this testing is a business decision within the control of the licensee. EarthWatch's desire to develop the market for services derived from
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  • timely manner. Requiring licensees to adhere strictly to a milestone schedule prevents increasingly scarce orbital resources from being warehoused by licensees. Such warehousing could hinder the availability of services to the public at the earliest possible date by blocking entry by other entities willing and able to proceed immediately with the construction and launch of their satellite systems. Accordingly, Section 25.117(e)(1) of the Commission's rules permits milestone extensions only when delay in implementation is due to circumstances beyond the control of the licensee. GE Americom filed its request for milestone extension six months after receiving its initial license and six months prior to the date of its first milestone. In its request, GE Americom contends that its request to add ISLs
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  • any other time prior to October 12, 2000. Its contract with Boeing for construction of two satellites was essentially abrogated on June 30, 1999. Its contract with TBE did not provide for construction and delivery of satellites and was subject to unresolved material contingencies. At no point did MCHI request an extension of its construction milestone schedule pursuant to Subsection 25.117(e) of the Commission's rules, nor has it offered any explanation for, or even acknowledged, its failure to meet the second milestone requirement. MHCH's Big LEO license is therefore null and void by operation of the condition requiring adherence to the specified milestone schedule ``unless extended for good cause shown.'' IV. Ordering Clauses Accordingly, IT IS ORDERED, pursuant to 47 U.S.C.
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  • gravitation, solar pressure, or other sources, may, over time, result in an inactive satellite's orbit intersecting the GSO, as defined by the ITU recommendation, even if the initial disposal altitude does not intersect the GSO. The United States licensing authority for commercial launches is the Federal Aviation Administration. See 14 C.F.R. � 400 et seq. See 47 C.F.R. �� 1.65, 25.117(a). See also 2 GHz MSS Order, 15 FCC Rcd at 16179 � 108 (system modifications requiring prior FCC approval should be identified well in advance of the CDR milestone). Boeing Second Amendment at 17. Id. See, e.g., Amendment to Pending Application of Iridium LLC, SAT-AMD-20001103-00156 (November 3, 2000) at Exhibit 1, p.2. . . (citing 47 C.F.R. �� 2.106, 87.187(q)).
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  • gravitation, solar pressure, or other sources, may, over time, result in an inactive satellite's orbit intersecting the GSO, as defined by the ITU recommendation, even if the initial disposal altitude does not intersect the GSO. The United States licensing authority for commercial launches is the Federal Aviation Administration. See 14 C.F.R. � 400 et seq. See 47 C.F.R. �� 1.65, 25.117(a). See also 2 GHz MSS Order, 15 FCC Rcd at 16179 � 108 (system modifications requiring prior FCC approval should be identified well in advance of the CDR milestone). Conforming Amendment at 6-7. Id. at 7. See, e.g., Amendment to Pending Application of Iridium LLC, SAT-AMD-20001103-00156 (November 3, 2000) at Exhibit 1, p.2. Letter to Michael K. Powell, Chairman, Federal
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  • gravitation, solar pressure, or other sources, may, over time, result in an inactive satellite's orbit intersecting the GSO, as defined by the ITU recommendation, even if the initial disposal altitude does not intersect the GSO. The United States licensing authority for commercial launches is the Federal Aviation Administration. See 14 C.F.R. � 400 et seq. See 47 C.F.R. �� 1.65, 25.117(a). See also 2 GHz MSS Order, 15 FCC Rcd at 16179 � 108 (system modifications requiring prior FCC approval should be identified well in advance of the CDR milestone). Conforming Amendment at 6-7. Id. at 7. Id. See, e.g., Amendment to Pending Application of Iridium LLC, SAT-AMD-20001103-00156 (November 3, 2000) at Exhibit 1, p.2. Conforming Amendment at 7. Letter to
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  • gravitation, solar pressure, or other sources, may, over time, result in an inactive satellite's orbit intersecting the GSO, as defined by the ITU recommendation, even if the initial disposal altitude does not intersect the GSO. The United States licensing authority for commercial launches is the Federal Aviation Administration. See 14 C.F.R. � 400 et seq. See 47 C.F.R. �� 1.65, 25.117(a). See also 2 GHz MSS Order, 15 FCC Rcd at 16179 � 108 (system modifications requiring prior FCC approval should be identified well in advance of the CDR milestone). Globalstar Amendment at 6-7. See, e.g., Amendment to Pending Application of Iridium LLC, SAT-AMD-20001103-00156 (November 3, 2000) at Exhibit 1, p.2. Globalstar Application at 6. Id. at 1. See, e.g., Boeing
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  • gravitation, solar pressure, or other sources, may, over time, result in an inactive satellite's orbit intersecting the GSO, as defined by the ITU recommendation, even if the initial disposal altitude does not intersect the GSO. The United States licensing authority for commercial launches is the Federal Aviation Administration. See 14 C.F.R. � 400 et seq. See 47 C.F.R. �� 1.65, 25.117(a). See also 2 GHz MSS Order, 15 FCC Rcd at 16179 � 108 (system modifications requiring prior FCC approval should be identified well in advance of the CDR milestone). ICO Second Amendment at 9-10. Id. Id. at 10. See, e.g., Amendment to Pending Application of Iridium LLC, SAT-AMD-20001103-00156 (November 3, 2000) at Exhibit 1, p.2. ICO indicates that ``[a]ll functions
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  • gravitation, solar pressure, or other sources, may, over time, result in an inactive satellite's orbit intersecting the GSO, as defined by the ITU recommendation, even if the initial disposal altitude does not intersect the GSO. The United States licensing authority for commercial launches is the Federal Aviation Administration. See 14 C.F.R. � 400 et seq. See 47 C.F.R. �� 1.65, 25.117(a). See also 2 GHz MSS Order, 15 FCC Rcd at 16179 � 108 (system modifications requiring prior FCC approval should be identified well in advance of the CDR milestone). Iridium Amendment, Exhibit 1. Id. at 1. Id. at 2. Id. Id. at 3-4. Id. at 4. Id. Id. See 47 C.F.R. � 1.65 (requiring prompt filing of material additional information);
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  • gravitation, solar pressure, or other sources, may, over time, result in an inactive satellite's orbit intersecting the GSO, as defined by the ITU recommendation, even if the initial disposal altitude does not intersect the GSO. The United States licensing authority for commercial launches is the Federal Aviation Administration. See 14 C.F.R. � 400 et seq. See 47 C.F.R. �� 1.65, 25.117(a). See also 2 GHz MSS Order, 15 FCC Rcd at 16179 � 108 (system modifications requiring prior FCC approval should be identified well in advance of the CDR milestone). Conforming Amendment at 10-11. See, e.g., Amendment to Pending Application of Iridium LLC, SAT-AMD-20001103-00156 (November 3, 2000) at Exhibit 1, p.2. Conforming Amendment at 10. ``GEO'' means geosynchronous Earth orbit. See
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  • gravitation, solar pressure, or other sources, may, over time, result in an inactive satellite's orbit intersecting the GSO, as defined by the ITU recommendation, even if the initial disposal altitude does not intersect the GSO. The United States licensing authority for commercial launches is the Federal Aviation Administration. See 14 C.F.R. � 400 et seq. See 47 C.F.R. �� 1.65, 25.117(a). See also 2 GHz MSS Order, 15 FCC Rcd at 16179 � 108 (system modifications requiring prior FCC approval should be identified well in advance of the CDR milestone). Conforming Amendment at 4-5. See, e.g., Amendment to Pending Application of Iridium LLC, SAT-AMD-20001103-00156 (November 3, 2000) at Exhibit 1, p.2. Conforming Amendment at 5. See Recommendation ITU-R S.1003. See also
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  • 21 I.L.M. 1261, at Part II, Art. 2 (opened for signature 1982). See Letter from William T. Hatch, Associate Administrator, Office of Spectrum Management, NTIA, to Donald Abelson, Chief, International Bureau, FCC (December 18, 2001), Attachment 1. These requirements are derived from the recommends clauses of the U.S. WP 4A DNR, attached as Appendix A. But see 47 C.F.R. �� 25.117 (modification of station license), 25.118 (modification not requiring prior authorization). Federal Communications Commission DA 01-3008 Federal Communications Commission DA 01-xxxx � � � F �0� �0� �0� �0� �0� �0� �0� �`� �0� j � � �� �� ` ` ������������������������������������������������������
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  • filing space and earth stations applications. Legal Basis: 47 USC �� 154, 301, 302, 303, 307, 309, 332. Section Number and Title: 25.110 Filing of applications, fees, and number of copies. 25.111 Additional information. 25.112 Defective applications. 25.113 Construction permits, station licenses, launch authority. 25.114 Applications for space station authorizations. 25.115 Application for earth station authorizations. 25.116 Amendments to applications. 25.117 Modification of station license. 25.118 Modifications not requiring prior authorization. 25.119 Assignment or transfer of control of station authorization. 25.120 Application for special temporary authorization. 25.121 License term and renewals. 25.130 Filing requirements for transmitting earth stations. 25.132 Verification of earth station antenna performance standards. 25.143 Licensing provisions for the 1.6/2.4 GHz mobile-satellite service. 25.145 Licensing conditions for the Fixed-Satellite
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  • and Order, DA 87-24, 2 FCC Rcd 233 (Com. Car. Bur. 1987) (``MCI Order'')). See, e.g., Morning Star Satellite Co., L.L.C., Memorandum Opinion and Order, DA 00-1265, 15 FCC Rcd 11350, 11352 (para. 7) (Int'l Bur. 2000) (citing Advanced Commun. Corp., Memorandum Opinion and Order, DA 95-944, 10 FCC Rcd 13337 (Int'l Bur. 1995) (``Advanced Order'')). See 47 C.F.R. � 25.117(e)(1) (2001). See also INTELSAT LLC, Order and Authorization, DA 02-333, 17 FCC Rcd 2391, 2392 (para. 5) (Int'l Bur. 2002); Columbia Commun. Corp., Memorandum Opinion and Order, DA 00-702, 15 FCC Rcd 16496, 16497 (para. 4) (Int'l Bur. 2000); Nexsat Order, 7 FCC Rcd at 1991 (para. 8); Hughes R and Galaxy A-R Domestic Fixed-Satellites, Order and Authorization, DA 90-780,
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  • launch milestone date would also require a corresponding extension of the ``in-service'' date, which is 6 to 8 weeks after a successful launch. See Intelsat LLC Orders at 15521 n. aa1. See also Intelsat LLC Milestone Extension Request. See Public Notice, Report No. SAT-00091 (rel. November 21, 2001). Intelsat LLC Milestone Extension Request at 2. Id. Id. 47 C.F.R. � 25.117(e)(1). See also Earth Watch Incorporated, Modification of Authorization to Construct, Launch and Operate a Remote Sensing Satellite System, Order and Authorization, 15 FCC Rcd 13594, 13596-97 (� 8) (Int'l. Bur. 2000); Columbia Communications Corporation, Application for Amendment to Pending Application to Extend Milestones, Memorandum Opinion and Order, 15 FCC Rcd 16496, 16497 (� 4) (Int'l. Bur. 2000); National Exchange Satellite,
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  • situation and GE Americom's are insufficient to justify our denial of Loral's milestone extension request while granting GE Americom a waiver of construction milestones. Though we found that GE Americom's application to modify its satellite system to include ISLs in and of itself did not justify an extension of its milestones, we did grant GE Americom a waiver of Section 25.117(e)(1), because GE Americom demonstrated, from a time shortly after licensing, its intent to proceed with its Ka-band system as modified by ISLs. GE Americom requested the use of ISLs immediately upon knowledge of the technical information that resulted from WRC 97 that would allow it to plan for and implement ISLs - filing for its modification within six months of
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  • required E-SAT to adhere to a milestone schedule, including completing construction of its first two satellites by March 2002 and launching those satellites by September 2002. By the express terms of the license, E-SAT's failure to meet those milestones would ``automatically render E-SAT's license for its system null and void.'' In March 2002, E-SAT requested that the Commission waive Section 25.117(e) of the Commission's rules in order to extend the milestones for launching the remaining five satellites in E-SAT's system. Specifically, E-SAT seeks to extend the date of launch of its second satellite from September 2002 to September 2004, and to extend the date for completion of construction and launch of the remaining four satellites from March 2004 to March 2006.
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  • comments were filed in response to the public notice. EchoStar subsequently filed an amendment to its modification, which clarified certain technical information. This amendment was placed on public notice. No comments were filed in response to the public notice. discussion Milestone Extension The standard that FSS licensees must meet to justify a milestone extension request is set forth in Section 25.117(e) of the Commission's rules, which states that licensees that request postponement of a milestone deadline must file a verified statement that the additional time is needed because of unforeseeable circumstances beyond their control, or must point to ``unique and overriding public interest concerns'' that justify an extension. EchoStar observes that its Ku-band authorization was conditioned on the submission of supplemental
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  • the Loral SpaceCom Modification Order. Loral Application at 10. Public Notice, Policy Branch Information, Report No. SAT-00153 (June 20, 2003). Columbia Communications Corp., Application for Amendment to Pending Application to Extend Milestones, Memorandum Opinion and Order, 15 FCC Rcd 15566 (Int'l Bur. 2000). Advanced Communications Corporation, Memorandum Opinion and Order, 10 FCC Rcd 13337 (Int'l Bur. 1995). 47 C.F.R � 25.117(e); Columbia Communications Corp., 15 FCC Rcd at 15571. See, e.g., Earthwatch Incorporated, Order and Authorization, 15 FCC Rcd 18725 (Sat & Radiocom. Div., Int'l Bur. 2000); AMSC Subsidiary Corp., Order and Authorization, 10 FCC Rcd 3791 (Sat. & Radiocom. Div., Int'l Bur. 1995). We note that an application to transfer the Telstar 8 satellite from Loral to Intelsat North America
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  • was proposing to use was already in orbit and operational. Extension. Finally, MCHI and Constellation have not shown good cause for extending the first milestone period. The Commission has repeatedly held that to justify a request for extension of a milestone period, a licensee must show that extraordinary circumstances beyond its control prevented it from meeting the deadline. Accordingly, Section 25.117(e) of the Commission's rules states that licensees that request postponement of a milestone deadline must file a verified statement that the additional time is needed because of unforeseeable circumstances beyond their control, describing the circumstance in detail, or must point to ``unique and overriding public interest concerns'' that justify an extension. Neither MCHI nor Constellation has identified any unforeseeable circumstance
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  • contract must, inter alia, specify dates for the start and completion of satellite construction for its execution to satisfy a DBS permittee's ``due diligence'' requirement to either commence actual satellite construction or ``complete contracting for satellite construction'' within one year after receiving a construction permit). See also Morning Star Recon., 16 FCC Rcd at 11552 � 5. 47 C.F.R. � 25.117(e)(1) (2002). 47 C.F.R. � 25.117(e)(2) (2002). Modification Request at 7-11. Id. at 8. See Panamsat License Corp, Memorandum Opinion and Order, 15 FCC Rcd 18720, 18723 � 10 (Int'l Bur. 2000). We have determined on several occasions that business transactions are within the control of the licensee, and so cannot justify a milestone extension. For example, we have observed that
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  • Tycz, Chief, Satellite Division, dated October 9, 2003. On June 18, 2004, the Commission issued a Notice of Apparent Liability for Forfeiture in the amount of $87,500 to DIRECTV for unauthorized repositioning of the DIRECTV 3 satellite from the orbit at which it was authorized, and maintenance of that satellite at unauthorized locations, in willful and repeated violation of Section 25.117(a) of the Rules, 47 C.F.R. � 25.117(a). DIRECTV, Inc., FCC 04-138 (released June 18, 2004). See File No. SAT-STA-20031003-00310. This STA was approved on October 3, 2003. DIRECTV has also executed a number of other stationkeeping maneuvers for the DIRECTV 3 satellite. See, e.g., Letter from James H. Barker, Counsel for DIRECTV, to Thomas S. Tycz, Chief, Satellite Division, dated
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  • 18 FCC Rcd 10760, 10827 (para. 173) (2003) (First Space Station Reform Order), citing PanAmSat Ka-Band License Revocation Review Order, 16 FCC Rcd at 11537-38 (para. 12), citing Nexsat Order, 7 FCC Rcd at 1991 (para. 8); MCI Order, 2 FCC Rcd at 233 (para. 5); First Columbia Milestone Order, 15 FCC Rcd at 15571 (para. 11). 47 C.F.R. � 25.117(c)(1). See also INTELSAT LLC, Order and Authorization, 17 FCC Rcd 2391, 2392 (para. 5) (Int'l Bur. 2002); First Columbia Milestone Order, 15 FCC Rcd at 16497 (para. 4); Nexsat Order, 7 FCC Rcd at 1991 (para. 8); Hughes R and Galaxy A-R Domestic Fixed-Satellites, Order and Authorization, 5 FCC Rcd 3423, 3424 (para. 11) (Com. Car. Bur. 1990); MCI Order,
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  • 18 FCC Rcd 10760, 10827 (para. 173) (2003) (First Space Station Reform Order), citing PanAmSat Ka-Band License Revocation Review Order, 16 FCC Rcd at 11537-38 (para. 12), citing Nexsat Order, 7 FCC Rcd at 1991 (para. 8); MCI Order, 2 FCC Rcd at 233 (para. 5); First Columbia Milestone Order, 15 FCC Rcd at 15571 (para. 11). 47 C.F.R. � 25.117(c)(1). See also INTELSAT LLC, Order and Authorization, 17 FCC Rcd 2391, 2392 (para. 5) (Int'l Bur. 2002); Columbia Communications Corporation, Memorandum Opinion and Order, 15 FCC Rcd 16496, 16497 (para. 5) (Int'l Bur. 2000) (Second Columbia Milestone Order); Nexsat Order, 7 FCC Rcd at 1991 (para. 8); Hughes R and Galaxy A-R Domestic Fixed-Satellites, Order and Authorization, 5 FCC Rcd
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  • Docket Nos. 02-34 and 00-248, 18 FCC Rcd 13486, 13514-15 (paras. 83-85) (2003) (Second Further Notice). Fourth Report and Order, 19 FCC Rcd at 7421 (para. 5). Fourth Report and Order, 19 FCC Rcd at 7421-22 (para. 5). Fourth Report and Order, 19 FCC Rcd at 7428-31 (App. A). Specifically, the Commission adopted revisions to Sections 25.110, 25.114, 25.115, 25.116, 25.117, 25.118(a), 25.130, and 25.131 of the Commission's rules, 47 C.F.R. �� 25.110, 25.114, 25.115, 25.116, 25.117, 25.118(a), 25.130, 25.131. See 69 FR 55516 (Sept. 15, 2004). In that public notice, the Commission announced that the effective date of these rules was August 24, 2004, the date the Commission received approval from the Office of Management and Budget (OMB) for the
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  • implementation milestones because it is in the public interest to ensure that licensees proceed expeditiously to complete construction of their full systems and to commence service. Indeed, strict milestones enforcement is especially important in the Little LEO service, because the Commission chose to rely on strict milestones enforcement rather than to apply financial qualification requirements on the service applicants. Section 25.117(e) of the Commission's rules permits modification of licenses to extend system implementation milestones only (1) when delay in implementation is due to unforeseeable circumstances beyond the control of the licensee or (2) where there are unique and overriding public interest concerns to justify an extension. Final Analysis advances two principal reasons to justify its request for extension under Section 25.117(e)(1).
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  • Policy Branch Information, Report No. SAT-00170 (October 10, 2003). Public Notice, Policy Branch Information, Report No. SAT-00182 (December 23, 2003). Columbia Communications Corp., Application for Amendment to Pending Application to Extend Milestones, Memorandum Opinion and Order, 15 FCC Rcd 15566 (Int'l Bur. 2000). Advanced Communications Corporation, Memorandum Opinion and Order, 10 FCC Rcd 13337 (Int'l Bur. 1995). 47 C.F.R � 25.117(e); Columbia Communications Corp., 15 FCC Rcd at 15571. See, e.g., Earthwatch Incorporated, Order and Authorization, 15 FCC Rcd 18725 (Sat & Radiocom. Div., Int'l Bur. 2000); AMSC Subsidiary Corp., Order and Authorization, 10 FCC Rcd 3791 (Sat. & Radiocom. Div., Int'l Bur. 1995); Loral SpaceCom Corporation, Memorandum Opinion and Order, 18 FCC Rcd 21851 (Satellite Div., Int'l Bur. 2003). See
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  • LLC (December 13, 2004) (December Letter). December Letter at 2. December Letter at 2. Columbia Communications Corp., Memorandum Opinion and Order, 15 FCC Rcd 15566 (Int'l Bur. 2000); NetSat 28 Company, LLC, Memorandum Opinion and Order, 19 FCC Rcd 17722 (Int'l Bur. 2004). VisionStar Incorporated, Memorandum Opinion and Order, 19 FCC Rcd 14820, 14822 (Int'l Bur. 2004). 47 C.F.R. � 25.117(c)(1); Intelsat LLC, Order and Authorization, 17 FCC Rcd 2391 (Int'l Bur. 2002). WB Holdings Application at 4. (June 2005). (continued....) Federal Communications Commission DA 05-1698 Federal Communications Commission DA 05-1698 - R ... � � � �@��� 0� � � h� � � @& � � � �
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  • Space Station Licensing Reform Order , 18 FCC Rcd at 10827 (para. 173), citing PanAmSat Ka-Band License Revocation Review Order, 16 FCC Rcd at 11537-38 (para. 12), citing Nexsat Order, 7 FCC Rcd at 1991 (para. 8); MCI Order, 2 FCC Rcd at 233 (para. 5); First Columbia Milestone Order, 15 FCC Rcd at 15571 (para. 11). 47 C.F.R. � 25.117(c)(1). See also INTELSAT LLC, Order and Authorization, 17 FCC Rcd 2391, 2392 (para. 5) (Int'l Bur. 2002); Columbia Communications Corporation, Memorandum Opinion and Order, 15 FCC Rcd 16496, 16497 (para. 5) (Int'l Bur. 2000) (Second Columbia Milestone Order); Nexsat Order, 7 FCC Rcd at 1991 (para. 8); Hughes R and Galaxy A-R Domestic Fixed-Satellites, Order and Authorization, 5 FCC Rcd
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  • reconsideration of the 2001 Columbia 37.5� W.L. Replacement Authorization to the extent necessary to allow it to provide service through Satcom C-1 until AMC-12 is launched and brought into operation consistent with the launch milestones contained in condition 18 of the 2001 Columbia 37.5� W.L. Replacement Authorization. V. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED, pursuant to Sections 0.51, 0.261, 25.117(d) of the Commission's rules, 47 C.F.R. �� 0.51, 0.261, 25.117(d), that the modification request filed by Columbia Communications Corporation on May 9, 2002, IBFS File No. SAT-MOD-20020517-00078, IS GRANTED, in part, to extent indicated above, and otherwise IS DEFERRED and that the amendment filed on August 26, 2004, IBFS File No. SAT-AMD-20040826-00161, IS GRANTED. 14. IT IS FURTHER ORDERED that
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  • (EarthWatch Second Modification Order). See EarthWatch Incorporated, Order and Authorization, 16 FCC Rcd 15985, 15985 (para. 3) (Int'l Bur., 2001) (EarthWatch Fifth Modification Order). DigitalGlobe Application at 4. DigitalGlobe Letter, 19 FCC Rcd at 20417. DigitalGlobe Application at 6. DigitalGlobe Application at 6. First Space Station Licensing Reform Order, 18 FCC Rcd at 10804-18 (paras. 108-50). As required by Section 25.117(d), 47 C.F.R. � 25.117(d), of the Commission's rules, DigitalGlobe certifies that the physical, operational and orbital parameters of the three new, proposed NGSO satellites and two on-ground spare satellites are substantially similar to the parameters of DigitalGlobe's current NGSO satellite, QuickBird-1, with the exception of the technical changes detailed in FCC Form 312 S (``Schedule S''), attachment A to DigitalGlobe's
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  • Inc. ("AGF"), licensee of Ku-band satellite earth stations E950320, E950321, E950322, and E95323, in Evansville, Indiana, apparently liable for a forfeiture in the amount of $20,000 for unauthorized modifications made to its Very Small Aperture Terminal (``VSAT'') network, in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, (``Act'') and Sections 25.102(a) and 25.117(a) of the Commission's Rules (``Rules''). background AGF is a large consumer finance company that has a licensed fixed satellite VSAT network, which consists of a hub earth station with call sign E950320, and three associated remote earth stations with call signs E950321, E950322, E950323. On June 2, 2005, AGF filed with the Commission's International Bureau a request for Special Temporary
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  • construction milestone date of April 11, 2004. This date, pursuant to requests from HNS, was later extended to April 11, 2006. Pursuant to Section 25.112(a)(1) of the Commission's rules, 47 C.F.R. �25.112(a)(1), we deny your applications for additional time and, pursuant to Section 25.133(a)(1) of the Commission's rules, 47 C.F.R. �25.133(a)(1), declare the earth station licenses null and void. Section 25.117(c) of the Commission's rules, 47 C.F.R. �25.117(c), provides that requests for extensions of time to complete earth station construction must demonstrate that the additional time is needed due to unforeseen circumstances beyond the licensee's control. HNS indicates that an extension is necessary because the space station, SPACEWAY 3, with which these remote terminals will communicate, is not expected to be
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  • modification application to reflect this change. Letter from Suzanne Hutchings Malloy, Senior Regulatory Counsel, ICO Satellite Services G.P. (April 12, 2006). ICO Amended Application at 2. ICO Amended Application at 2. ICO Amended Application, Attachment B at 2. ICO Amended Application, Attachment B at 14. First Space Station Licensing Reform Order, 18 FCC Rcd at 10810-12. See 47 C.F.R. � 25.117(d)(2)(iii). See 47 C.F.R. � 25.116(b), (d). See 47 C.F.R. � 25.137(f) (modifications and amendments of spectrum reservation requests filed by non-U.S.-licensed satellite operators are treated like modifications and amendments of U.S. licensees). 47 C.F.R. � 25.158(b). In addition, non-U.S.-licensed satellite operators seeking to enter the U.S. market must show that (1) their satellite system is in orbit or operating, (2)
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  • Amended Application, Exhibit F. See Assignment of Orbital Locations to Space Stations in the Domestic Fixed-Satellite Service, Memorandum Opinion and Order, 3 FCC Rcd 6972 (1988). Amendment of the Commission's Rules to Establish Rules and Policies Pertaining to a Non-Voice, Non-Geostationary Mobile-Satellite Service, Report and Order, CC Docket No. 92-76, 8 FCC Rcd 8450 (1993). See also 47 C.F.R. � 25.117(d)(2) (codifying legal standard for satellite license modifications); The Boeing Company, Order and Authorization, 18 FCC Rcd 12317, 12319 (Int'l Bur. 2003); Sirius Satellite Radio, Inc., Order and Authorization, 16 FCC Rcd 5419, 5420 (Int'l Bur. 2001). 47 C.F.R. � 25.212(d). Amended Application, Exhibit G, at 2. Amended Application, Exhibit G, at 3. 47 C.F.R. � 1.3. Amended Application, Addendum to
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  • authorization, is intended to apply only to the equipment specified on the license and does not apply to changes in remote control points. Therefore, where a licensee considers a change in the Earth station's remote control point, including any relocation of the remote control point to a location outside the United States, the licensee must seek prior authorization under Section 25.117 of the Commission's rules. The International Bureau will place properly filed modification applications for changes in earth station remote control points on public notice. Action by Chief, International Bureau. - FCC - PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 # Z h m � �
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  • 20, 2007 Released: June 22, 2007 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau and Telenor Satellite, Inc. (``TSI''). The Consent Decree terminates an investigation initiated by the Enforcement Bureau into whether TSI violated Section 301 of the Communications Act of 1934, as amended, and Sections 25.102(a) and 25.117 of the Commission's rules, by apparently failing to timely renew its blanket license for Inmarsat-C mobile earth stations, call sign E000284, operating the mobile earth stations after expiration of its license under call sign E000284, and failing to operate a satellite earth station in Santa Paula, California, call sign E980136, within the terms of its authorization. The Enforcement Bureau and
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  • the Commission to return, as unacceptable for filing, any earth station application that is not substantially complete, contains internal inconsistencies, or does not substantially comply with the Commission's rules. Telenor's application contains several omissions and discrepancies that renders it unacceptable and subject to dismissal. These deficiencies are as follows: (1) Telenor did not submit Schedule B with its application. Section 25.117(c) of the Commission's rules, 47 C.F.R. � 25.117(c) requires applications for modification of earth station authorizations to be submitted on FCC Form 312, Main Form and include a Schedule B. (2) Telenor submitted information required in Schedule S but did not provide other information required by Section 25.114(d) of the Commission's rules, 47 C.F.R. � 25.114(d), for the Inmarsat-3F4 satellite.
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  • (``Walgreens'' or ``company''), licensee of Ku-band satellite earth station E880547, in Mount Prospect, Illinois, apparently liable for a forfeiture in the amount of seventeen thousand dollars ($17,000) for unauthorized operations of its Very Small Aperture Terminal (``VSAT'') network, in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, (``Act'') and Sections 25.102(a) and 25.117(a) of the Commission's Rules (``Rules''), as well as for its willful and repeated failure to notify the Commission of permitted modifications to its VSAT system within the required time period in violation of Section 25.118(a) of the Rules. background Walgreens is a large pharmaceutical retailer with more than 5,400 locations and holds Commission authorization to operate a fixed satellite VSAT
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  • in the letter are more appropriately addressed in other proceedings. NetSat 28 Company, LLC, Memorandum Opinion and Order, 19 FCC Rcd 17722 (Int'l Bur. 2004); Amendment of the Commission's Space Station Licensing Rules and Policies, First Report and Order and Further Notice of Proposed Rulemaking in IB Docket No. 02-34, 18 FCC Rcd 10760 (2003) at �173. 47 C.F.R. � 25.117(c); Intelsat LLC, Order and Authorization, 17 FCC Rcd 2391 (Int'l Bur. 2002). 47 C.F.R. � 25.117(c). See ICO Launch Extension Order at �15 (launch extension granted; satellite construction was 85% complete and 93% of the total price had been paid); WB Holdings 1 LLC, Memorandum Opinion and Order, 20 FCC Rcd 10846 (Int'l Bur. 2005) (construction of satellite complete except
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  • No. SAT-ASG-20021211-00238. TerreStar Comments at 3. TerreStar Comments at 4. ICO Response. ICO Response at 4. ICO Response at 7. ICO Response at 8. ICO Response at 9. ICO Response at 11. Id. Reply of Inmarsat Global Limited, filed January 11, 2007. NetSat 28 Company, LLC, Memorandum Opinion and Order, 19 FCC Rcd 17722 (Int'l Bur. 2004). 47 C.F.R. � 25.117(c); Intelsat LLC, Order and Authorization, 17 FCC Rcd 2391 (Int'l Bur. 2002). (Domestic Facilities Div., 1994) (short milestone extension granted to permit licensee to resolve unanticipated technical problems). In addition, the Bureau also granted Intelsat LLC a six-month extension of the launch milestone for the IA-8 satellite due to an anomaly in a similar-model satellite made by the same manufacturer.
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  • proceed with their plans. Warehousing could hinder the availability of services to the public at the earliest possible date by blocking entry by other entities willing and able to proceed immediately with the construction and launch of their satellite systems. 11. AstroVision seeks to extend the construction completion and launch milestones for each of its satellites by four years. Section 25.117(b) of the Commission's rules provides that the Commission will grant milestone extensions when: (1) the additional time is required to due unforeseeable circumstances beyond the applicant's control or, (2) unique and overriding public interest concerns justify the extension. 12. AstroVision does not contend that delay in constructing the satellites is due to circumstances beyond its control. Rather, it contends that,
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  • 2007 Released: March 1, 2007 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau and Wal-Mart Stores, Inc. (``Wal-Mart''). The Consent Decree terminates an investigation initiated by the Enforcement Bureau regarding whether Wal-Mart violated Section 301 of the Communications Act of 1934, as amended (``Act''), and Sections 25.102(a) and 25.117(a) of the Commission's Rules (``Rules'') by modifying its satellite earth station facilities without authorization and operating these facilities at variance from the terms of the authorizations. The Enforcement Bureau and Wal-Mart have negotiated the terms of a Consent Decree that resolves this matter and terminates the investigation. A copy of the Consent Decree is attached hereto and incorporated by reference.
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  • September 8, 2008 By the Deputy Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Comtech Mobile Datacom Corporation (``CMDC''). The Consent Decree terminates an investigation by the Bureau against CMDC for possible violations of section 301 of the Communications Act of 1934, as amended (``Act''), and sections 25.102, 25.117, 25.136(d) and 25.276(a) of the Commission's Rules (``Rules'') regarding CDMC's modification and operation of its mobile earth terminal (``MET'') system. The Bureau and CMDC have negotiated the terms of a Consent Decree that resolve these matters. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the
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  • 25, 2008 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Honeywell International, Inc. (``Honeywell''). The Consent Decree terminates an investigation of Honeywell by the Bureau for possible violations of Section 301 of the Communications Act of 1934, as amended (``Act''), and Sections 25.102, 25.117, and 25.119 of the Commission's Rules (``Rules'') regarding the operation and pro forma assignment of an earth station license. The Bureau and Honeywell have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts
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  • 47 C.F.R. � 25.165(d). 47 C.F.R. � 25.165(c), and Space Station Licensing Reform Order, 18 FCC Rcd at 10824. See New ICO Satellite Services, GP, Memorandum Opinion and Order, 21 FCC Rcd 14612, 14615 (Int'l Bur. 2006). In addition, we note that ATCONTACT failed to file a modification application for an extension of its remaining milestones, as required by Section 25.117(c) of the Commission's rules, 47 C.F.R. � 25.117(c). Space Station Licensing Reform Order, 18 FCC Rcd at 10834. Space Station Licensing Reform Order, 18 FCC Rcd at 10833. See, e.g., Policy Branch Information, Public Notice, Report No. 07-00476, 22 FCC Rcd 18392 (2007) (finding that Loral Skynet Corporation has commenced physical construction based on declarations from the spacecraft manufacturer summarizing
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  • � 25.165(a)(3). 1847 C.F.R. � 25.165(d). 1947 C.F.R. � 25.165(c), and Space Station Licensing Reform Order, 18 FCC Rcd at 10824. 20SeeNewICO Satellite Services, GP, Memorandum Opinion and Order, 21 FCC Rcd 14612, 14615 (Int'l Bur. 2006). In addition, we note that ATCONTACT failed to file a modification application for an extension of its remaining milestones, as required by Section 25.117(c) of the Commission's rules, 47 C.F.R. �25.117(c). 21Space Station Licensing Reform Order, 18 FCC Rcd at 10834. 22Space Station Licensing Reform Order, 18 FCC Rcd at 10833. 10932 Federal Communications Commission DA 09-1850 contracts that are associated with the construction and delivery of these components.23Based on our experience in reviewing milestone compliance, at this point in the construction process licensees
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  • ($12,800) for operating the Satcom C-3 satellite without Commission authority, in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act'') and Section 25.102 of the Commission's Rules (``Rules''), and for its willful violation in failing to timely file the required modification application to extend the term of the license pursuant to Section 25.117 of the Rules. background On August 25, 1989, SES was granted a license to operate the Satcom C-3 satellite. Under the terms of its license, SES's authorization for the satellite expired on December 16, 2007. Thereafter, on March 10, 2008, SES became aware that it had failed to file a modification to extend the terms of its license for the
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  • license to extend a milestone if the applicant establishes that ``additional time is required due to unforeseeable circumstances beyond the applicant's control, describes these circumstances with specificity, and justifies the precise extension period requested; or [that there are] unique and overriding public interest concerns that justify an extension, identifies those interests and justifies a precise extension period.'' 47 C.F.R. � 25.117(c); see also ICO Satellite Services G.P., 20 FCC Rcd 9797 (Int'l Bur. 2005). The approach taken here regarding Globalstar's diligence in meeting its deadlines is consistent with the milestone cases. 47 C.F.R. � 25.117(c). Globalstar argues that its request for a 16-month extension is consistent with extensions granted to meet satellite implementation milestones pursuant to Section 25.117(c) of the Commission's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1740A1_Rcd.pdf
  • license to extend a milestone if the applicant establishes that "additional time is required due to unforeseeable circumstances beyond the applicant's control, describes these circumstances with specificity, and justifies the precise extension period requested; or [that there are] unique and overriding public interest concerns that justify an extension, identifies those interests and justifies a precise extension period." 47 C.F.R. � 25.117(c); see alsoICO Satellite Services G.P., 20 FCC Rcd 9797 (Int'l Bur. 2005). The approach taken here regarding Globalstar's diligence in meeting its deadlines is consistent with the milestone cases. 5347 C.F.R. � 25.117(c). Globalstar argues that its request for a 16-month extension is consistent with extensions granted to meet satellite implementation milestones pursuant to Section 25.117(c) of the Commission's rules,
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  • Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') of the Federal Communications Commission and Globalstar Licensee, LLC, and its affiliate, GUSA Licensee LLC, (collectively, ``Globalstar''). The Consent Decree terminates investigations by the Bureau against Globalstar for possible violations of Section 301 of the Communications Act of 1934, as amended (``Act''), and Sections 25.102(a) and 25.117(a) of the Commission's Rules (``Rules''), regarding the operation of its Mobile Satellite Service constellation and its Mobile Earth Terminals. The Bureau and Globalstar have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts
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  • bond is required. Milestone Extension Request In the event that we deny its modification request to substitute the Star One B1 space station for Star One C5, Star One requests a 14-day extension of the first milestone for the Star One C5 market access grant, measured from the date that we take action on its modification request. Sections 25.161(a)(1) and 25.117(c) of the Commission's rules contemplate milestone extensions for ``circumstances beyond the licensee's control.'' In seeking an extension tied to action on its underlying modification request, in effect Star One seeks to toll its milestone deadline. Star One's decision not to proceed with the construction of the Star One C5 satellite and to file a modification to utilize a more than
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1957A1_Rcd.pdf
  • Space Station Reform Order, 18 FCC Rcd at 10825 � 167. 28Space Station Reform Order, 18 FCC Rcd at 10874-76 �� 308, 310-312; Amendment of the Commission's Space Station Licensing Rules and Policies, First Order on Reconsideration and Fifth Report and Order, FCC 04-147, 19 FCC Rcd 12637, 12660-62 �� 63-67 (2004); 47 C.F.R. � 25.137(d). 2947 C.F.R. �� 25.137(f), 25.117(d)(2)(ii) (explaining the public interest standard for modification requests). See alsoColumbia Communications Corporation, Petition to Revoke Authorization of Orion Satellite Corporation to Construct, Launch, and Operate an International Communications Satellite to be Located at 47� W.L., Memorandum Opinion and Order, 15 FCC Rcd 15566, 15572 � 13 (Int'l Bur. 2000) (Columbia Communications Corporation (continued....) 14341 Federal Communications Commission DA 10-1957 Even
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  • comments were received in opposition to the modification request.8 HI. Discussion 5. In reviewing EarthWatch's modification request we must determine (a) whether increasing the bandwidth for its uplink TT&C channels to 300 kHz will interfere with other authorized operations in the 2025-2110 MHz frequency band and (b) if an extension of the construction and launch milestones is justified under Section 25.117(d) of the Commission's See EarthWatch Request at 1. Id See id. at 1-2. Id. at 2. See Public Notice Report No. SPB-86 (June 27, 1997). 19557 _______________Federal Communications Commission_______DA 97-2435 Rules.9 A. 300 kHz Channels in 2025-2110 MHz Frequency Band 6. Earth Watch proposes to conduct uplink TT&C transmissions for its two additional satellites using a 300 kHz channel at
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  • Car. Bur. 1991). 9 FCC Rcd. 6476, 6481(1994), recon, 10 FCC Rcd. 7801 (1995). Id at 2278. See Ka-band Service Rules Report and Order at � 38. In pertinent part, � 25.116 defines as "major" those amendments that "increase the potential for interference, or change the proposed frequencies or orbital locations to be used." 47 C.F.R. � 25.116(b)(1). Although Sections 25.117 and 25.118, 47 C.F.R. � � 25.117 and 25.118, discuss modifications to station licenses, neither section discusses when modifications to space station licenses are deemed "minor" or "major." These sections primarily address modifications to earth station licenses and their resulting regulatory treatment (that is, we place modification applications relating to "major" modifications on public notice for comment, while we allow
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  • in conformance with the Commission's rules or its policies. Petitions, oppositions and other pleadings filed in response to this notice should conform to Section 25.154 of the Commission's rules, unless otherwise noted. 47 C.F.R. � 25.154. Amendment Constellation Communications Holdings, Inc. S2113 SAT-AMD-20020828-00160E On August 8, 2000, Constellation Communications Holdings, Inc. filed a request pursuant to Section 1.3 and Section 25.117(e) of the Commission's Rules, for a limited waiver of the milestones specified in Constellation's authorization to construct, launch and operate a mobile satellite system in frequencies above 1 GHz. That Limited Waiver Request remains pending before the Commission. On August 29, 2001, Constellation filed an amendment to the Limited Waiver Request asking that the Commission specify different milestones than those
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  • in the forth sentence, the text "offer ATCs on a commercially bundled basis with MSS, including offering satellite-capable equipment at the point of sale'' is replaced with the text ``offer ATCs as service offering that is integrated with their MSS offering'' In footnote 637, the text ``25.147(a)(4)-(5)'' is corrected to read ``25.149(a)(4)-(5)''. CorrEctions to Appendix b The text of Section 25.117(f) is revised as follows: In Section 25.117(f), the reference to ``25.147'' is revised to read ``25.149''. The revised rule reads: � 25.117 Modification of station license. * * * * * (f) An application for modification of a space station license to add an ancillary terrestrial component to an eligible satellite network will be treated as a request for a
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  • � � � � � � � � � � � 0 FOR IMMEDIATE RELEASE NEWS MEDIA CONTACT: June 18, 2004 Janice Wise (202) 418-7450 FCC PROPOSES TO FINE DIRECTV, INC. $87,500 FOR REPOSITIONING SATELLITE WITHOUT AUTHORIZATION Washington, D.C.-Today, the Federal Communications Commission proposed an $87,500 forfeiture against DIRECTV, Inc., for repositioning the DIRECTV 3 satellite without FCC authorization. Section 25.117(a) of the FCC's Rules required DIRECTV to get Commission approval before repositioning the satellite from its authorized orbit to a location for which it was not licensed. DIRECTV had filed a request with the FCC for special temporary authority to relocate DIRECTV 3, but admits that its employees began repositioning the satellite the next day, without waiting for Commission approval
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  • 6423.5000 MHz 800KFXD TT&C Carrier 3700.0000 - 4200.0000 MHz 800KFXD Points of Communication: 1 - ALSAT - (ALSAT) Intelsat LLC KA266 SES-MOD-20040818-01190E Date Effective: 09/02/2004 Class of Station: Fixed Earth Stations Grant of Authority 03/31/1999 - 03/31/2009 Application for Modification Nature of Service:Fixed Satellite Service Intelsat LLC files this notification of minor modification not requiring prior authorization pursuant to Section 25.117(a) of the FCC's rules to add 'ALSAT/Permitted List' to the earth station's authorized points of communication. Page 4 of 23 21 � 40 ' 15.50 " N LAT. SITE ID: 1 KAM HIGHWAY, OAHU, HAWAII, OAHU, PAUMALU, HI 158 � 2 ' 6.10 " W LONG. LOCATION: VERTEX C-LMA-T4 9 meters ANTENNA ID: 9KPC 80.03 dBW COMMAND AND RANGING CARRIER
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  • contemporaneously with the discontinuation of service of the satellite it is replacing. Loral Skynet seeks modification of this condition or a determination that Loral has met the underlying objective of the condition by ensuring continuity of service and demonstrating a commitment to the launch and operation of its authorized replacement satellite. Loral also seeks a waiver of Sections 25.114(c), 25114(d), 25.117(c), and 25.117(d) of the Commission's rules, which requires FCC Form 312 and Schedule S when filing a modification. Loral requests the waiver, because it is seeking a purely non-technical modification. Page 1 of 1
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  • action on another satellite application earlier in the queue. Petitions, oppositions and other pleadings filed in response to this notice should conform to Section 25.154 of the Commission's rules, unless otherwise noted. 47 C.F.R. � 25.154. S2346 SAT-MOD-20060511-00056E Modification 05/11/2006 08:18:46:06600 Date Filed: contactMEO Communications, LLC contactMEO Communications LLC request a modification of its authorization pursuant to 25 C.F.R. � 25.117 with Form 312 and Schedule S for each of the five Call Signs S2346, S2680, S2681, S2682, S2683 covered by the License Order, contain the exact in-band Ka-band frequencies that will be utilized for TT&C. TT&C will be provided for each satellite as summarized in these modification applications. Four 2 MHz segments within the service bands (29.097-29.099 GHz, 28.601-28.603 GHz,
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  • (148 W.L.) 1 - ECHOSTAR 4 - (76.85 W.L.) 1 - ECHOSTAR 6 - (61.65 W.L.) 1 - ECHOSTAR 7 - (118.8 W.L.) 1 - ECHOSTAR 8 - (77 W.L.) E940374 SES-MOD-20100510-00580 E Class of Station: Fixed Earth Stations Application for Modification SkyTerra Subsidiary LLC Nature of Service: Fixed Satellite Service, Fixed Satellite Service ORB-88 Allotment Plan Pursuant to Section 25.117 (c) of the Commission's rules, 47 CFR, Skyterra Subsidiary LLC has requested authority to modify its earth station licenses (call signs E940374 and E930124) and its mobile earth terminal (MET) licenses (call signs E980179, E930367, and E990133) to reflect the pending change in orbital location of MSAT-2 (a.k.a. AMSC-1). Skyterra is currently authorized to communicate with MSAT-2, located at 101-3�W,
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  • adopted Section 25.118, permitting earth station operators to make certain "minor" modifications to their licenses without prior Commission authorization. An applicant is required only to notify the Commission within 30 days of a minor modification of operations. In some cases, applicants have expressed confusion regarding whether their planned modification is a major or minor modification, particularly with respect to Sections 25.117(b) and 25.118(c)(5). Section 25.117(b) states that the addition of a new antenna, identical in all ways to an existing antenna, is a minor modification, not requiring prior authorization from the Commission. On the other hand, Section 25.118(c)(5) says that the addition of a new antenna is not a minor modification, but does not state explicitly that identical equipment is excluded
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  • Order, 14 FCC Rcd 11077, 11082 (1999) (``MCI Order'') at �12. See CD Radio License Order, 13 FCC Rcd at 7977, � 13, citing Primosphere's Reply to Opposition of its Petition to Deny at 2. See 47 U.S.C. � 310(b). See CD Radio License Order, 13 FCC Rcd at 7981-85, �� 22-29. Id. at p. 6. Id. 47 CFR � 25.117. Cf. 47 CFR � 25.118, which allows a change from private carrier to common carrier without prior application but requires subsequent prompt notification. A change from private carriage, i.e. subscription, to classification as a broadcaster would thus require prior application and Commission approval. Id. at pp.10-15. Primosphere Application at 11. See 47 U.S.C. � 309(d)(1), that requires the protesting party
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  • amendments in the context of any first-come, first-served proposal we adopt. We seek comment on these proposals. We also invite additional proposals for clarifying our definition of "major amendment" in Section 25.116(b) of our rules. 7. Modifications Modifications are changes to a licensee's operating authority after the license has been granted. Modifications to space station licenses are governed by Section 25.117(d) of our rules, which specifies only information requirements. We place all space station modification applications on public notice before we consider them. We propose the following modification rules in conjunction with our first-come, first-served proposal. In cases where we granted the original application as part of a mandatory sharing arrangement to resolve a mutually exclusive situation, we propose not considering
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  • of this chapter will be considered to be a newly filed application if it is amended by a major amendment (as defined by paragraph (b) of this section), and will cause the application to lose its status relative to later-filed applications in the "queue" as described in Section 25.158 of this Chapter. * * * * * 8. Amend � 25.117 by redesignating paragraph (d) as (d)(1), and adding paragraph (d)(2) to read as follows: � 25.117 Modification of station license. * * * * * (d) * * * (2) Applications for modifications of space station authorizations will be granted except under the following circumstances: (i) Granting the modification would make the applicant unqualified to operate a space station under
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  • of this chapter will be considered to be a newly filed application if it is amended by a major amendment (as defined by paragraph (b) of this section), and will cause the application to lose its status relative to later-filed applications in the "queue" as described in Section 25.158 of this Chapter. * * * * * 8. Amend � 25.117 by redesignating paragraph (d) as (d)(1), and adding paragraph (d)(2) to read as follows: � 25.117 Modification of station license. * * * * * (d) * * * (2) Applications for modifications of space station authorizations will be granted except under the following circumstances: (i) Granting the modification would make the applicant unqualified to operate a space station under
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  • Regulations, part 25, as follows: PART 25 -- SATELLITE COMMUNICATIONS 1. The authority citation for Part 25 continues to read as follows: Authority: 47 U.S.C. 701-744. Interprets or applies Sections 4, 301, 302, 303, 307, 309, and 332 of the Communications Act, as amended, 47 U.S.C. Sections 154, 301, 302, 303, 307, 309, 332, unless otherwise noted. 2. Amend � 25.117 by revising paragraph (d)(1) and adding (d)(3), to read as follows: �25.117 Modification of station license. * * * * * (d)(1) Except as set forth in Section 25.118(e), applications for modifications of space station authorizations shall be filed in accordance with � 25.114, but only those items of information listed in � 25.114 that change need to be submitted,
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  • Form 701 is used by many Bureaus in the Commission in addition to the International Bureau. Subsequent to our adoption of the Part 25 Earth Station Streamlining NPRM, some of those other Bureaus stopped requiring milestone extension requests to be filed on Form 701. To be consistent, the International Bureau stopped using Form 701 as well. Consequently, we revise Section 25.117 of our rules to remove the reference to Form 701. Because satellite licenses contain milestones as license conditions, satellite operators seeking milestone extensions should file an application for a license modification using Form 312. We revise Section 25.117 to make this clear. Finally, we take this opportunity to revise Section 25.117 to reflect milestone revisions adopted in the First Space
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  • Form 701 is used by many Bureaus in the Commission in addition to the International Bureau. Subsequent to our adoption of the Part 25 Earth Station Streamlining NPRM, some of those other Bureaus stopped requiring milestone extension requests to be filed on Form 701. To be consistent, the International Bureau stopped using Form 701 as well. Consequently, we revise Section 25.117 of our rules to remove the reference to Form 701. Because satellite licenses contain milestones as license conditions, satellite operators seeking milestone extensions should file an application for a license modification using Form 312. We revise Section 25.117 to make this clear. Finally, we take this opportunity to revise Section 25.117 to reflect milestone revisions adopted in the First Space
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  • terrestrial components and subject to all applicable conditions and provisions of its MSS authorization. * * * * * PART 25--SATELLITE COMMUNICATIONS The authority citation for Part 25 continues to read as follows: AUTHORITY: 47 U.S.C. 701-744. Interprets or applies sec. 303, 47 U.S.C. 303. 47 U.S.C. sections 154, 301, 302, 303, 307, 309 and 332, unless otherwise noted. Section 25.117 is amended to read as follows: � 25.117 Modification of station license. * * * * * (f) An application for modification of a space station license to add an ancillary terrestrial component to an eligible satellite network will be treated as a request for a minor modification if the particulars of operations provided by the applicant comply with the
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  • terrestrial components and subject to all applicable conditions and provisions of its MSS authorization. * * * * * PART 25--SATELLITE COMMUNICATIONS The authority citation for Part 25 continues to read as follows: AUTHORITY: 47 U.S.C. 701-744. Interprets or applies sec. 303, 47 U.S.C. 303. 47 U.S.C. sections 154, 301, 302, 303, 307, 309 and 332, unless otherwise noted. Section 25.117 is amended to read as follows: � 25.117 Modification of station license. * * * * * (f) An application for modification of a space station license to add an ancillary terrestrial component to an eligible satellite network will be treated as a request for a minor modification if the particulars of operations provided by the applicant comply with the
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  • on notice for public comment any initial application for authority to add an ATC component to an eligible satellite network. We find that the public interest is best served by ensuring that applications for ATC authority are subject to transparent public process including the opportunity for comment to ensure the applicant has met our gating criteria. Accordingly, we modify Section 25.117(f) to require that notwithstanding the treatment of such an application as a minor modification, the Commission shall place any initial application for the modification of a space station license to add an ancillary terrestrial component on notice for public comment. We do not, however, intend to create an opportunity for abuse of process. In the event an ATC application relies
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  • 25.217(d). See also supra, note 31. Orbital Debris Notice, 17 FCC Rcd at 5610. .). For example, applicants are required to use the standards established by the NASA guidelines when performing a casualty-risk assessment for the re-entry of space craft into the Earth's atmosphere at the end of life. See Section III.C.4.b., infra. 47 C.F.R. � 25.114(b). 47 C.F.R. � 25.117. Orbital Debris Notice, 17 FCC Rcd at 5598. Id. at 5601. Id. Id. Id. SIA Comments at 6; Telesat Comments at 4. SIA Comments at 6. SIA Comments at 6; Telesat Comments at 4. Telesat Comments at 3-4. UM Space Law Center Comments at 2. Id. SIA Comments at 6-7 (citing Amendment of the Commission's Rules to Establish Rules and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-138A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-138A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-138A1.txt
  • find DIRECTV, Inc. (``DIRECTV'') apparently liable for forfeiture in the amount of eighty seven thousand five hundred dollars ($87,500), the applicable statutory maximum, against DIRECTV for unauthorized repositioning of the DIRECTV 3 satellite (``DIRECTV 3'' or ``satellite'') from the orbit at which it is authorized, and maintenance of that satellite at unauthorized locations, in willful and repeated violation of Section 25.117(a) of the Commission's Rules (``Rules''). background DIRECTV is the licensee of the DIRECTV 3 Direct Broadcast Satellite (``DBS'') service satellite. On September 3, 2003, DIRECTV requested special temporary authority (``STA request'') to relocate the DIRECTV 3 satellite from a super-synchronous storage orbit 308 kilometers above the geostationary orbit, to a Canadian-assigned Broadcast Satellite Service (``BSS'') orbital position at 82� west
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-92A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-92A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-92A1.txt
  • amendment to an application shall be filed electronically through the International Bureau Filing System (IBFS) in accordance with the applicable provisions of Part 1, Subpart Y of this Chapter. Amendments to space station applications must be filed on Form 312 and Schedule S. Amendments to space station applications must be filed on Form 312 and Schedule B. 7. Amend � 25.117 by revising the introductory language of paragraph (c) to read as follows: �25.117 Modification of station license. * * * * * (c) Applications for modification of earth station authorizations shall be submitted on FCC Form 312, Main Form and Schedule B. Applications for modification of space station authorizations shall be submitted on FCC Form 312, Main Form and Schedule
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-30A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-30A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-30A1.txt
  • will be deemed to be a major amendment. . . [i]f the amendment increases the potential for interference. . . .'' See Inmarsat Petition at 19 (quoting 47 C.F.R. � 25.116(b)). See id. at 20-23. See 47 C.F.R. � 25.253(c). See Inmarsat Petition at 23-24. Id. at 24. Sua Sponte Order at 13,596, � 14. See also 47 C.F.R. � 25.117(f). See MSV Opposition at 12. See Boeing Petition at 4-5. Under the approach we adopted in the Sua Sponte Order, according to Boeing, MSS operators will still be permitted to file applications for ATC authority before meeting all gating criteria, but we will not grant ATC authorizations until the MSS operator has demonstrated that it has met all of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-63A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-63A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-63A1.txt
  • for radiofrequency (RF) radiation emitted by Commission-regulated transmitters and facilities. Section 1.1307(b)(3)(i) requires applicants proposing additional transmitters, facilities, or modifications to a licensed facility to submit an environmental assessment if the resulting emissions causes the power density in a geographic area to exceed the RF exposure limits specified in the Commission's rules by five percent. The Notice proposed revising Section 25.117 of the Commission's rules to state explicitly that earth station licensees seeking modification of their licenses must comply with the RF emission rules. SIA supports the Commission's proposal, and no one filed any opposition. Accordingly, we will revise Section 25.117 as shown in Appendix B of this Order to cross-reference the RF emission rules. D. Construction Authorization In 1996, the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-63A1_Erratum.doc
  • for radiofrequency (RF) radiation emitted by Commission-regulated transmitters and facilities. Section 1.1307(b)(3)(i) requires applicants proposing additional transmitters, facilities, or modifications to a licensed facility to submit an environmental assessment if the resulting emissions causes the power density in a geographic area to exceed the RF exposure limits specified in the Commission's rules by five percent. The Notice proposed revising Section 25.117 of the Commission's rules to state explicitly that earth station licensees seeking modification of their licenses must comply with the RF emission rules. SIA supports the Commission's proposal, and no one filed any opposition. Accordingly, we will revise Section 25.117 as shown in Appendix B of this Order to cross-reference the RF emission rules. D. Construction Authorization In 1996, the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-174A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-174A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-174A1.txt
  • of � 25.262(b) of this Part, at an offset location no greater than one degree offset from at an orbital location specified in Appendix F of the Report and Order, adopted May 2, 2007, IB Docket No. 06-123, FCC 07-76, must submit a written request to that effect as part of the narrative portion of its application. 2. Amend � 25.117 by adding paragraph (d)(2)(v) to read as follows: � 25.117 Modification of station license. * * * (d) * * * (2) * * * (v) Any 17/24 GHz BSS space station operator whose license is conditioned to operate at less than the power level otherwise permitted by �� 25.208(c) and/or (w) of this Part, and is conditioned to accept
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-20A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-20A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-20A1.txt
  • 7210 n.19. Ka-band ALSAT earth stations will also have the same limitations as ALSAT earth stations operating in the conventional C-band or Ku-band. In particular, nothing in the ALSAT framework eliminates the need for an earth station or space station operator to request authority to make technical changes to its facility where those changes require prior Commission approval under Sections 25.117 and 25.118 of the Commission's rules. For example, if an ALSAT earth station needed to change the feed system of the earth station antenna to convert a linear polarization to a circular polarization in order to access another space station permitted to provide service to the United States, we would require the earth station operator to apply for a major
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-20A1_Rcd.pdf
  • 7210 n.19. 30Ka-band ALSAT earth stations will also have the same limitations as ALSAT earth stations operating in the conventional C-band or Ku-band. In particular, nothing in the ALSAT framework eliminates the need for an earth station or space station operator to request authority to make technical changes to its facility where those changes require prior Commission approval under Sections 25.117 and 25.118 of the Commission's rules. For example, if an ALSAT earth station needed to change the feed system of the earth station antenna to convert a linear polarization to a circular polarization in order to access another space station permitted to provide service to the United States, we would require the earth station operator to apply for a major
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-21A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-21A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-21A1.txt
  • amendment to an application shall be filed electronically through the International Bureau Filing System (IBFS) in accordance with the applicable provisions of part 1, subpart Y of this chapter. Amendments to space station applications must be filed on Form 312 and Schedule S. Amendments to earth station applications must be filed on Form 312 and Schedule B. 9. In � 25.117, revise paragraphs (b), (c), and (e) to read as follows: �25.117 Modification of station licenses. * * * * * (b) Both earth station and space station modification applications must be filed electronically through the International Bureau Filing System (IBFS) in accordance with the applicable provisions of part 1, subpart Y of this chapter. (c) Applications for modification of earth
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-21A1_Rcd.pdf
  • requirement); 25.145(c)(1) and 25.146(i)(2) (proposing to specify North and South Latitude in geographic coverage requirements); and 25.148(b) (proposing to replace "satellite station" with "space station") in Appendix A. 15SeeSections 25.259 and 25.260 of the Commission's rules, 47 C.F.R. �� 25.259, 25.260. 16Seeproposed revisions to 47 C.F.R. �� 25.259 and 25.260 in Appendix A. 17See proposed revisions to 47 C.F.R. �� 25.117 and 25.272(a) in Appendix A. 18See proposed revisions to 47 C.F.R. �� 25.109, 25.140(a), 25.146(e), 25.203(g)(2) and (g)(4) in Appendix A. See also proposed revision of Section 25.276(c) (replacing cite to Commission Order with cross-reference to rule section). 19See proposed revisions to 47 C.F.R. �� 25.146(a)(1)(i) and (iii), 25.146(a)(2)(i) and (iii), 25.146(b)(1)(i) and (iii), and 25.146(i)(3) in Appendix A. See
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-210A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-210A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-210A1.txt
  • New Skies's Annual Report at 28. See infra � 63. Assembly Decision at 13. New Skies Annual Report, 1998 at 28 and 32. If New Skies does not hold its IPO, it must pay the note by December 31, 2000. Assembly Decision at 6. Id. at 13. Id. June 1998 Public Notice. Modification applications were filed pursuant to 47 C.F.R. �25.117 and Section 309 of the Communications Act. The applications addressed in this Order and the authorizations granted are for FSS services (excluding DTH) only. Amendment of the Commission's Regulatory Policies to Allow Non U.S. Licensed Space Stations to Provide Domestic and International Satellite Services in the United States, Report and Order, 12 FCC Rcd 24094, 24112 (1997) ("DISCO II Order"),
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-325A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-325A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-325A1.txt
  • any U.S.-licensed space station without causing potential interference, provided that it complies with the Commission's technical requirements, and operates under the conditions on its license. Nothing in the ALSAT framework, however, eliminates the need for an earth station or space station to request authority to make technical changes to its facility where those changes require prior Commission approval under Sections 25.117 and 25.118 of the Commission's rules. For example, if an ALSAT earth station needed to change the feed system of the earth station antenna to convert a linear polarization to a circular polarization in order to access another space station permitted to provide service to the United States, we would require that earth station operator to apply for a major
• http://transition.fcc.gov/eb/News_Releases/DOC-248517A1.html
  • v. FCC. 516 F 2d 385 (D.C. Circ 1974) __________________________________________________________________ FOR IMMEDIATE RELEASE June 18, 2004 NEWS MEDIA CONTACT: Janice Wise at (202) 418-7450 [5]Janice.Wise@FCC.GOV FCC PROPOSES TO FINE DIRECTV, INC. $87,500 FOR REPOSITIONING SATELLITE WITHOUT AUTHORIZATION Washington, D.C.Today, the Federal Communications Commission proposed an $87,500 forfeiture against DIRECTV, Inc., for repositioning the DIRECTV 3 satellite without FCC authorization. Section 25.117(a) of the FCC's Rules required DIRECTV to get Commission approval before repositioning the satellite from its authorized orbit to a location for which it was not licensed. DIRECTV had filed a request with the FCC for special temporary authority to relocate DIRECTV 3, but admits that its employees began repositioning the satellite the next day, without waiting for Commission approval
• http://transition.fcc.gov/eb/Orders/2004/FCC-04-138A1.html
  • find DIRECTV, Inc. (``DIRECTV'')1 apparently liable for forfeiture in the amount of eighty seven thousand five hundred dollars ($87,500), the applicable statutory maximum, against DIRECTV for unauthorized repositioning of the DIRECTV 3 satellite (``DIRECTV 3'' or ``satellite'') from the orbit at which it is authorized, and maintenance of that satellite at unauthorized locations, in willful and repeated violation of Section 25.117(a) of the Commission's Rules (``Rules'').2 II. BACKGROUND 2. DIRECTV is the licensee of the DIRECTV 3 Direct Broadcast Satellite (``DBS'') service satellite. On September 3, 2003, DIRECTV requested special temporary authority (``STA request'') to relocate the DIRECTV 3 satellite from a super-synchronous storage orbit 308 kilometers above the geostationary orbit, to a Canadian- assigned Broadcast Satellite Service (``BSS'') orbital position
• http://transition.fcc.gov/eb/Orders/2006/DA-06-1324A1.html
  • Inc. ("AGF"), licensee of Ku-band satellite earth stations E950320, E950321, E950322, and E95323, in Evansville, Indiana, apparently liable for a forfeiture in the amount of $20,000 for unauthorized modifications made to its Very Small Aperture Terminal ("VSAT") network, in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, ("Act") and Sections 25.102(a) and 25.117(a) of the Commission's Rules ("Rules"). II. background 2. AGF is a large consumer finance company that has a licensed fixed satellite VSAT network, which consists of a hub earth station with call sign E950320, and three associated remote earth stations with call signs E950321, E950322, E950323. On June 2, 2005, AGF filed with the Commission's International Bureau a request for
• http://transition.fcc.gov/eb/Orders/2007/DA-07-2677A1.html
  • 2007 Released: June 22, 2007 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau and Telenor Satellite, Inc. ("TSI"). The Consent Decree terminates an investigation initiated by the Enforcement Bureau into whether TSI violated Section 301 of the Communications Act of 1934, as amended, and Sections 25.102(a) and 25.117 of the Commission's rules, by apparently failing to timely renew its blanket license for Inmarsat-C mobile earth stations, call sign E000284, operating the mobile earth stations after expiration of its license under call sign E000284, and failing to operate a satellite earth station in Santa Paula, California, call sign E980136, within the terms of its authorization. 2. The Enforcement Bureau
• http://transition.fcc.gov/eb/Orders/2007/DA-07-3706A1.html
  • ("Walgreens" or "company"), licensee of Ku-band satellite earth station E880547, in Mount Prospect, Illinois, apparently liable for a forfeiture in the amount of seventeen thousand dollars ($17,000) for unauthorized operations of its Very Small Aperture Terminal ("VSAT") network, in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, ("Act") and Sections 25.102(a) and 25.117(a) of the Commission's Rules ("Rules"), as well as for its willful and repeated failure to notify the Commission of permitted modifications to its VSAT system within the required time period in violation of Section 25.118(a) of the Rules. II. background 2. Walgreens is a large pharmaceutical retailer with more than 5,400 locations and holds Commission authorization to operate a fixed
• http://transition.fcc.gov/eb/Orders/2007/DA-07-800A1.html
  • Released: March 1, 2007 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau and Wal-Mart Stores, Inc. ("Wal-Mart"). The Consent Decree terminates an investigation initiated by the Enforcement Bureau regarding whether Wal-Mart violated Section 301 of the Communications Act of 1934, as amended ("Act"), and Sections 25.102(a) and 25.117(a) of the Commission's Rules ("Rules") by modifying its satellite earth station facilities without authorization and operating these facilities at variance from the terms of the authorizations. 2. The Enforcement Bureau and Wal-Mart have negotiated the terms of a Consent Decree that resolves this matter and terminates the investigation. A copy of the Consent Decree is attached hereto and incorporated by
• http://transition.fcc.gov/eb/Orders/2008/DA-08-2034A1.html
  • 8, 2008 By the Deputy Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Comtech Mobile Datacom Corporation ("CMDC"). The Consent Decree terminates an investigation by the Bureau against CMDC for possible violations of section 301 of the Communications Act of 1934, as amended ("Act"), and sections 25.102, 25.117, 25.136(d) and 25.276(a) of the Commission's Rules ("Rules") regarding CDMC's modification and operation of its mobile earth terminal ("MET") system. 2. The Bureau and CMDC have negotiated the terms of a Consent Decree that resolve these matters. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and
• http://transition.fcc.gov/eb/Orders/2008/DA-08-2540A1.html
  • 2008 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Honeywell International, Inc. ("Honeywell"). The Consent Decree terminates an investigation of Honeywell by the Bureau for possible violations of Section 301 of the Communications Act of 1934, as amended ("Act"), and Sections 25.102, 25.117, and 25.119 of the Commission's Rules ("Rules") regarding the operation and pro forma assignment of an earth station license. 2. The Bureau and Honeywell have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating
• http://transition.fcc.gov/eb/Orders/2009/DA-09-479A1.html
  • ($12,800) for operating the Satcom C-3 satellite without Commission authority, in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended ("Act") and Section 25.102 of the Commission's Rules ("Rules"), and for its willful violation in failing to timely file the required modification application to extend the term of the license pursuant to Section 25.117 of the Rules. II. background 2. On August 25, 1989, SES was granted a license to operate the Satcom C-3 satellite. Under the terms of its license, SES's authorization for the satellite expired on December 16, 2007. Thereafter, on March 10, 2008, SES became aware that it had failed to file a modification to extend the terms of its license
• http://transition.fcc.gov/eb/Orders/2010/DA-10-1807A1.html
  • Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") of the Federal Communications Commission and Globalstar Licensee, LLC, and its affiliate, GUSA Licensee LLC, (collectively, "Globalstar"). The Consent Decree terminates investigations by the Bureau against Globalstar for possible violations of Section 301 of the Communications Act of 1934, as amended ("Act"), and Sections 25.102(a) and 25.117(a) of the Commission's Rules ("Rules"), regarding the operation of its Mobile Satellite Service constellation and its Mobile Earth Terminals. 2. The Bureau and Globalstar have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating
• http://wireless.fcc.gov/auctions/15/releases/fc970070.pdf http://wireless.fcc.gov/auctions/15/releases/fc970070.txt http://wireless.fcc.gov/auctions/15/releases/fc970070.wp
  • and Scope. 25.102 Station authorization required. 25.103 Definitions. 25.104 Preemption of local zoning of earth stations. 25.105-25.108 [Reserved] 25.109 Cross-reference. Subpart B - Applications and Licenses 25.110 Filing of applications, fees, and number of copies. 25.111 Additional information. 25.112 Defective applications. 25.113 Construction permits. 25.114 Applications for space station authorizations. 25.115 Applications for earth station authorizations. 25.116 Amendments to applications. 25.117 Modification of station license. 25.118 Assignment or transfer of control of station authorization. 25.119 Application for special temporary authorization. 25.120 License term and renewals. EARTH STATIONS 25.130 Filing requirements for transmitting earth stations. 25.131 Filing requirements for receive-only earth stations. 25.132 Verification of earth station antenna performance standards. 25.133 Period of construction; certification of commencement of operation. Federal Communications Commission
• http://www.fcc.gov/Bureaus/International/Orders/1999/da992752.doc http://www.fcc.gov/Bureaus/International/Orders/1999/da992752.txt
  • bands, effective isotropically radiated power (e.i.r.p.), density, polarization, power, and emission characteristics. DISCO II First Reconsideration Order at para. 5 n.17. The Commission also explained that the ALSAT framework does not eliminate the need for an earth station or space station to request authority to make technical changes to its facility where those changes require prior Commission approval under Sections 25.117 and 25.118 of the Commission's rules. DISCO II First Reconsideration Order at para. 13 n.31. See generally 25 C.F.R. � 25.137; DISCO II, 12 FCC Rcd at 24174 (para. 188). The Commission does not require the non-U.S. space station operator to submit technical information if it has completed the coordination process with the United States, or to submit financial information
• http://www.fcc.gov/Bureaus/International/Orders/1999/fcc99325.doc
  • any U.S.-licensed space station without causing potential interference, provided that it complies with the Commission's technical requirements, and operates under the conditions on its license. Nothing in the ALSAT framework, however, eliminates the need for an earth station or space station to request authority to make technical changes to its facility where those changes require prior Commission approval under Sections 25.117 and 25.118 of the Commission's rules. For example, if an ALSAT earth station needed to change the feed system of the earth station antenna to convert a linear polarization to a circular polarization in order to access another space station permitted to provide service to the United States, we would require that earth station operator to apply for a major
• http://www.fcc.gov/Bureaus/International/Orders/2000/da000909.doc
  • that the construction of both satellites has begun, and that it will meet the currently scheduled launch date for Quickbird-1. EarthWatch also explains that the extension would allow it develop the market for services derived from QuickBird-1 before introducing the services of QuickBird-2. We find that EarthWatch has not justified an extension of its construction completion or launch milestones. Section 25.117(e)(1) of the Commission's rules permits milestone extensions only for circumstances beyond the control of the licensee. EarthWatch does not explain why it needs to conduct "additional testing" on QuickBird-2, so we cannot determine whether the decision to conduct this testing is a business decision within the control of the licensee. EarthWatch's desire to develop the market for services derived from
• http://www.fcc.gov/Bureaus/International/Orders/2000/da001305.doc
  • now requests an extension of the QuickBird-1 construction completion milestone from June 2000 to November 2000, and the launch milestone from August 2000 to April 2001. EarthWatch also seeks an extension of the QuickBird-2 construction completion milestone from December 2000 to May 2001, and the launch milestone from April 2000 to December 2001. Alternatively, EarthWatch seeks a waiver of Section 25.117(e)(1), governing milestone extension requests. Following public notice, no comments or oppositions were filed in response to EarthWatch's request. III. DISCUSSION We find that EarthWatch has justified its request for extension of its satellite construction completion and launch milestones for QuickBird-1 and QuickBird-2. The request for QuickBird-1 is based on the deficiency of a critical component of the remote sensing satellite,
• http://www.fcc.gov/Bureaus/International/Orders/2000/da002096.doc
  • 1, 1999) (``GE-8 Request''); Public Notice, Report No. SAT-00047 (rel. June 8, 2000). Satcom C-1 Reassignment Amendment at 5. GE-5 Order, 11 FCC Rcd at 15036 � 20. See, e.g., Assignment of Orbital Locations to Space Stations in the Domestic Fixed-Satellite Service, Memorandum Opinion and Order, 13 FCC Rcd 13863, 13866 � 7 (Int'l Bur. 1998). Id. 47 C.F.R. � 25.117(e)(1). See also Columbia Communications Corporation, Memorandum Opinion and Order, DA 00-702, at � 7 (Int'l Bur., rel. April 5, 2000) (Columbia Milestone Order); National Exchange Satellite, Inc., Memorandum Opinion and Order, 7 FCC Rcd 1990, 1991 � 8 (Com. Car. Bur. 1992); Hughes Communications Galaxy, Inc., Order and Authorization, 5 FCC Rcd 3423, 3424 � 10 (Com. Car. Bur. 1990);
• http://www.fcc.gov/eb/News_Releases/DOC-248517A1.html
  • v. FCC. 516 F 2d 385 (D.C. Circ 1974) __________________________________________________________________ FOR IMMEDIATE RELEASE June 18, 2004 NEWS MEDIA CONTACT: Janice Wise at (202) 418-7450 [5]Janice.Wise@FCC.GOV FCC PROPOSES TO FINE DIRECTV, INC. $87,500 FOR REPOSITIONING SATELLITE WITHOUT AUTHORIZATION Washington, D.C.Today, the Federal Communications Commission proposed an $87,500 forfeiture against DIRECTV, Inc., for repositioning the DIRECTV 3 satellite without FCC authorization. Section 25.117(a) of the FCC's Rules required DIRECTV to get Commission approval before repositioning the satellite from its authorized orbit to a location for which it was not licensed. DIRECTV had filed a request with the FCC for special temporary authority to relocate DIRECTV 3, but admits that its employees began repositioning the satellite the next day, without waiting for Commission approval
• http://www.fcc.gov/eb/Orders/2004/FCC-04-138A1.html
  • find DIRECTV, Inc. (``DIRECTV'')1 apparently liable for forfeiture in the amount of eighty seven thousand five hundred dollars ($87,500), the applicable statutory maximum, against DIRECTV for unauthorized repositioning of the DIRECTV 3 satellite (``DIRECTV 3'' or ``satellite'') from the orbit at which it is authorized, and maintenance of that satellite at unauthorized locations, in willful and repeated violation of Section 25.117(a) of the Commission's Rules (``Rules'').2 II. BACKGROUND 2. DIRECTV is the licensee of the DIRECTV 3 Direct Broadcast Satellite (``DBS'') service satellite. On September 3, 2003, DIRECTV requested special temporary authority (``STA request'') to relocate the DIRECTV 3 satellite from a super-synchronous storage orbit 308 kilometers above the geostationary orbit, to a Canadian- assigned Broadcast Satellite Service (``BSS'') orbital position
• http://www.fcc.gov/eb/Orders/2006/DA-06-1324A1.html
  • Inc. ("AGF"), licensee of Ku-band satellite earth stations E950320, E950321, E950322, and E95323, in Evansville, Indiana, apparently liable for a forfeiture in the amount of $20,000 for unauthorized modifications made to its Very Small Aperture Terminal ("VSAT") network, in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, ("Act") and Sections 25.102(a) and 25.117(a) of the Commission's Rules ("Rules"). II. background 2. AGF is a large consumer finance company that has a licensed fixed satellite VSAT network, which consists of a hub earth station with call sign E950320, and three associated remote earth stations with call signs E950321, E950322, E950323. On June 2, 2005, AGF filed with the Commission's International Bureau a request for
• http://www.fcc.gov/eb/Orders/2007/DA-07-2677A1.html
  • 2007 Released: June 22, 2007 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau and Telenor Satellite, Inc. ("TSI"). The Consent Decree terminates an investigation initiated by the Enforcement Bureau into whether TSI violated Section 301 of the Communications Act of 1934, as amended, and Sections 25.102(a) and 25.117 of the Commission's rules, by apparently failing to timely renew its blanket license for Inmarsat-C mobile earth stations, call sign E000284, operating the mobile earth stations after expiration of its license under call sign E000284, and failing to operate a satellite earth station in Santa Paula, California, call sign E980136, within the terms of its authorization. 2. The Enforcement Bureau
• http://www.fcc.gov/eb/Orders/2007/DA-07-3706A1.html
  • ("Walgreens" or "company"), licensee of Ku-band satellite earth station E880547, in Mount Prospect, Illinois, apparently liable for a forfeiture in the amount of seventeen thousand dollars ($17,000) for unauthorized operations of its Very Small Aperture Terminal ("VSAT") network, in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, ("Act") and Sections 25.102(a) and 25.117(a) of the Commission's Rules ("Rules"), as well as for its willful and repeated failure to notify the Commission of permitted modifications to its VSAT system within the required time period in violation of Section 25.118(a) of the Rules. II. background 2. Walgreens is a large pharmaceutical retailer with more than 5,400 locations and holds Commission authorization to operate a fixed
• http://www.fcc.gov/eb/Orders/2007/DA-07-800A1.html
  • Released: March 1, 2007 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau and Wal-Mart Stores, Inc. ("Wal-Mart"). The Consent Decree terminates an investigation initiated by the Enforcement Bureau regarding whether Wal-Mart violated Section 301 of the Communications Act of 1934, as amended ("Act"), and Sections 25.102(a) and 25.117(a) of the Commission's Rules ("Rules") by modifying its satellite earth station facilities without authorization and operating these facilities at variance from the terms of the authorizations. 2. The Enforcement Bureau and Wal-Mart have negotiated the terms of a Consent Decree that resolves this matter and terminates the investigation. A copy of the Consent Decree is attached hereto and incorporated by
• http://www.fcc.gov/eb/Orders/2008/DA-08-2034A1.html
  • 8, 2008 By the Deputy Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Comtech Mobile Datacom Corporation ("CMDC"). The Consent Decree terminates an investigation by the Bureau against CMDC for possible violations of section 301 of the Communications Act of 1934, as amended ("Act"), and sections 25.102, 25.117, 25.136(d) and 25.276(a) of the Commission's Rules ("Rules") regarding CDMC's modification and operation of its mobile earth terminal ("MET") system. 2. The Bureau and CMDC have negotiated the terms of a Consent Decree that resolve these matters. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and
• http://www.fcc.gov/eb/Orders/2008/DA-08-2540A1.html
  • 2008 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Honeywell International, Inc. ("Honeywell"). The Consent Decree terminates an investigation of Honeywell by the Bureau for possible violations of Section 301 of the Communications Act of 1934, as amended ("Act"), and Sections 25.102, 25.117, and 25.119 of the Commission's Rules ("Rules") regarding the operation and pro forma assignment of an earth station license. 2. The Bureau and Honeywell have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating
• http://www.fcc.gov/eb/Orders/2009/DA-09-479A1.html
  • ($12,800) for operating the Satcom C-3 satellite without Commission authority, in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended ("Act") and Section 25.102 of the Commission's Rules ("Rules"), and for its willful violation in failing to timely file the required modification application to extend the term of the license pursuant to Section 25.117 of the Rules. II. background 2. On August 25, 1989, SES was granted a license to operate the Satcom C-3 satellite. Under the terms of its license, SES's authorization for the satellite expired on December 16, 2007. Thereafter, on March 10, 2008, SES became aware that it had failed to file a modification to extend the terms of its license
• http://www.fcc.gov/eb/Orders/2010/DA-10-1807A1.html
  • Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") of the Federal Communications Commission and Globalstar Licensee, LLC, and its affiliate, GUSA Licensee LLC, (collectively, "Globalstar"). The Consent Decree terminates investigations by the Bureau against Globalstar for possible violations of Section 301 of the Communications Act of 1934, as amended ("Act"), and Sections 25.102(a) and 25.117(a) of the Commission's Rules ("Rules"), regarding the operation of its Mobile Satellite Service constellation and its Mobile Earth Terminals. 2. The Bureau and Globalstar have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating
• http://www.fcc.gov/ib/sd/se/permitted.html
  • the Commission's technical requirements, and operates under the conditions on its license and set forth in the Orders cited below. Nothing in the DISCO II First Reconsideration Order, however, eliminates the need for an earth station operator or space station operator to request authority to make technical changes to its facility where those changes require prior Commission approval under Sections 25.117 and 25.118 of the Commission's rules. See DISCO II First Reconsideration Order at para. 13 n.31. The information in this website is an unofficial list of conditions applicable to ALSAT-designated earth stations communicating with the satellites listed below, provided for the convenience of earth station operators with ALSAT licenses. It is not necessarily an exhaustive list of all applicable conditions.