FCC Web Documents citing 25.119
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- Games''). The Consent Decree terminates the Bureau's investigation into whether Scientific Games operated satellite earth stations without Commission authorization in violation of Section 301 of the Communications Act of 1934, as amended (``Act''), and Section 25.102(a) of the Commission's Rules (``Rules''), and engaged in unauthorized assignments of satellite earth stations in violation of Section 310(d) of the Act and Section 25.119 of the Rules. The Bureau and Scientific Games have negotiated the terms of the Consent Decree that would resolve this matter and terminate the investigation. A copy of the Consent Decree is attached hereto and incorporated by reference. In the absence of new material evidence relating to this matter, we conclude that no substantial or material questions of fact exist
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- 7591 4 (2002) (forfeiture paid). See 47 U.S.C. 214 and 310(d). See also AT&T, Inc. and Bell South Corporation, Memorandum Opinion and Order, 22 FCC Rcd 5662, 5671-72 (2006) (reviewing the standard governing the Commission's consideration of applications to transfer or assign licenses and authorizations including earth station licenses and Section 214 authorizations). See also 47 C.F.R. 25.119 and 63.24 (requiring holders of Earth Station licenses and International Section 214 authorizations to apply for Commission approval when transferring control of a corporate parent, respectively). See Supplement to Clarify Ownership Information at 1-2. See id. at 3. See id. at 1-3. See generally Stephen F. Sewell, ``Assignments and Transfers of FCC Authorizations Under Section 310(d) of the Communications Act
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- (``SkyPort''), licensee of an international section 214 authorization and two earth stations, and its ultimate controlling affiliate, Balaton Group, Inc. (``Balaton'') apparently willfully and repeatedly violated the Commission's rules by engaging in unauthorized transfers of control. Specifically, we find that SkyPort and its affiliates apparently violated section 214 of the Communications Act of 1934, as amended (the ``Act''), and sections 25.119 and 63.24 of the Commission's rules by consummating pro forma transfers of de jure control of SkyPort to one of its existing minority shareholders. Based on our review of the facts and circumstances surrounding this matter, we find that SkyPort and its affiliates are apparently liable for a forfeiture of $3,000. background Section 214 of the Act requires telecommunications carriers
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- 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 before us,
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- LIABILITY FOR FORFEITURE Adopted: December 2, 2008 Released: December 2, 2008 By the Chief, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Fox Television Holdings, Inc. (``FTH''), licensee of various satellite earth station licenses, apparently, willfully and repeatedly, violated section 310(d) of the Communications Act of 1934, as amended (the ``Act''), and section 25.119 of the rules of the Federal Communications Commission (the ``Commission'' or ``FCC'') by failing to timely apply for and obtain Commission consent to the transfer of control of certain satellite earth station licenses used in connection with operations of FTH television stations. Based on our review of the facts and circumstances surrounding this matter, we find that FTH is apparently
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- May 14, 2009 By the Investigations and Hearings Division, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and ARINC, Inc. (``ARINC''). The Consent Decree terminates an investigation by the Bureau against ARINC for possible violation of section 310(d) of the Communications Act of 1934, as amended (the ``Act''), and Sections 25.119 and 1.948 of the Commission's rules in connection with the unauthorized transfer of control of various licenses and authorizations held both directly and indirectly by ARINC. The Bureau and ARINC 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
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- 31, 2009 By the Investigations and Hearings Division, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Hughes Communications, Inc. (``Hughes''). The Consent Decree terminates an investigation by the Bureau against Hughes for possible violation of section 310(d) of the Communications Act of 1934, as amended (the ``Act''), and section 25.119 of the Commission's rules in connection with the unauthorized transfer of control of various licenses and authorizations held both directly and indirectly by Hughes. The Bureau and Hughes 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
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- the Notice of Apparent Liability that the Commission's Enforcement Bureau (``Bureau'') issued on November 5, 2008, we find that SkyPort and its affiliates willfully and repeatedly violated the Commission's rules by engaging in unauthorized transfers of control. Specifically, we find that SkyPort and its affiliates violated section 214 of the Communications Act of 1934, as amended (the ``Act''), and sections 25.119 and 63.24 of the Commission's rules by consummating pro forma transfers of de jure control of SkyPort and its two international satellite earth station authorizations to one of its existing minority shareholders. BACKGROUND Section 214 of the Act requires telecommunications carriers to obtain a certificate of public convenience and necessity from the Commission before constructing, acquiring, operating or engaging in
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- Chief, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Turner Broadcasting System, Inc (``Turner''), parent company of CNN America, Inc. and Courtroom Television Network LLC, holders of various licenses in the wireless and international radio services, apparently willfully and repeatedly violated section 310(d) of the Communications Act of 1934, as amended, and sections 25.119 and 1.948 of the Commission's rules (``Rules''), in connection with an internal company reorganization. Pursuant to section 503(b) of the Act, we conclude that Turner is apparently liable for a forfeiture in the total amount of $16,000. BACKGROUND Turner is an Atlanta-based corporation which provides programming for the cable industry. Among its wholly-owned subsidiaries at the time of the license
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- In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") of the Federal Communications Commission and Shared Data Networks, LLC ("Shared Data"). The Consent Decree terminates an investigation by the Bureau against Shared Data for possible violations of sections 301 and 310(d) of the Communications Act of 1934, as amended ("Act"), and sections 25.102, 25.119, and 25.121(e) of the Commission's rules, regarding the transfer of control of various satellite earth station licenses held by Shared Data, the renewal of a license to operate an earth station for a fixed satellite service, and the operation of an earth station for a fixed satellite service. The Bureau and Shared Data have negotiated the terms of a Consent
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- 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Shop at Home Holdings, Inc. (``Shop at Home Holdings'' or the ``Company'') acquired the licenses for, and operated, two satellite earth stations, without obtaining prior Commission consent, in apparent willful and repeated violation of Sections 310(d) of the Communications Act of 1934, as amended (the ``Act''), and 25.119 of the Commission's Rules. Based on our review of the facts and circumstances surrounding this matter, we find that Shop at Home Holdings apparently is liable for a forfeiture in the total amount of $16,000. II. BACKGROUND Section 310(d) of the Act provides that no station license may be ``transferred, assigned, or disposed of in any manner, voluntarily or involuntarily,
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- this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau of the Federal Communications Commission (``Bureau'') and DRS Technologies, Inc. (``DRS Technologies''). The Consent Decree terminates an investigation by the Bureau into whether DRS Technologies complied with sections 301 and 310(d) of the Communications Act of 1934, as amended, and with sections 1.948, 5.53(a), 5.59(d), and 25.119 of the Commission's rules (``Rules''), relating to several transactions completed by DRS Technologies and its wholly-owned subsidiary companies between April 1, 2008 and January 1, 2010, and to DRS Technologies' operation of certain experimental radio facilities. The Bureau and DRS Technologies have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is
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- require Commission licensees of wireless communications to apply for, and obtain, Commission approval before transferring or assigning FCC licenses. On August 5, 2009, the Bureau issued an LOI to EDS. The LOI directed EDS, among other things, to submit a sworn written response to a series of questions relating to EDS's compliance with section 310(d) of the Act and section 25.119 of the Rules. EDS responded to the LOI on September 4, 2009. Subsequently, the Companies voluntarily disclosed to the Bureau issues regarding the compliance of HP, the ultimate parent company of EDS, with requirements of the Act and the Rules governing the assignment or transfer of control of FCC licenses. III. TERMS OF AGREEMENT Adopting Order. The Parties agree that
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- Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau of the Federal Communications Commission (``Bureau'') and Turner Broadcasting System, Inc. (``Turner''). The Consent Decree terminates an investigation and cancels a proposed forfeiture by the Bureau against Turner for possible violation of section 310 of the Communications Act of 1934, as amended, sections 25.119 and 1.948 of the Commission's rules, in connection with an internal reorganization. The Bureau and Turner have negotiated the terms of a Consent Decree that resolves 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 before us, we find that the public
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- we adopt the attached Consent Decree entered into between the Enforcement Bureau (the ``Bureau'') and AST Telecom, LLC d/b/a Blue Sky Communications (``AST''). The Consent Decree terminates an investigation by the Bureau of AST's compliance with Sections 214 and 310(d) of the Communications Act of 1934, as amended, and the Cable Landing Licensing Act of 1921, and Sections 1.767, 1.948, 25.119 and 63.24 of the Commission's Rules relating to AST's transfer of control and assignment of Commission authorizations. The Consent Decree also terminates the investigation by the Bureau of AST's compliance with section 1.65 of the Commission's rules relating to the continuing accuracy and completeness of information furnished to the Commission. The Bureau and AST have negotiated the terms of a
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- We find that the more appropriate precedent for this case is that of MCI Communications Corporation where the Commission allowed MCI to transfer control of its Direct Broadcast Satellite ("DBS") license subject to the resolution of a pending Application for Review of its initial license grant.12 IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED, pursuant to Section 0.261 and Section 25.119 of the Commission's rules, 47 C.F.R. 0.261 and 47 C.F.R. 25.119, that the Application to Transfer Control of XM Radio, Inc.'s DARS license to shareholders of XM Satellite Radio Holdings, Inc. IS GRANTED. 9. IT IS FURTHER ORDERED that the Transfer of Control of XM Radio's DARS license from Motient Corporation to Shareholders of Satellite Radio Holdings, Inc. is subject
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- will acquire Liberty's interest in Gemstar-TVG, but that consummation of this separate transaction will not alter the ultimate control of DirectCom as reported in the amendment. 47 C.F.R. 25.116(b)(3). See, e.g. ICO-Teledesic Global Limited, Memorandum Opinion, Order and Authorization, DA 01-6 (Int'l Bur., rel. January 9, 2001) at 12. 47 C.F.R. 25.116(c); 25.116(c)(2). See 47 C.F.R. 25.119(b)(1) and (2). Loral Space and Comm. and Orion Network Systems, 13 FCC Rcd 4592, 4599, 17 (1998). See also Constellation Communications, 10 FCC Rcd 2258 (1995), aff'd 11 FCC Rcd 18502 (1996). DirectCom 1999 Amendment at p. 2. The following group of companies comprise USVG's ``core'' business: Prevue Networks, a provider of current entertainment information; UVTV, that markets and
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- this Supplemental Order, and that pursuant to Section 310(b)(4) of the Communications Act of 1934, as amended, 47 U.S.C. 310(b)(4), GE Americom is authorized to accept indirect foreign ownership in excess of the 25 percent benchmark in Section 310(b)(4) of the Act only to the extent specified in this Supplemental Order. IT IS FURTHER ORDERED that pursuant to Section 25.119(f) of the Commission's Rules, 47 C.F.R. 25.119(f), GE Capital and SES Global must complete this transaction within 60 days from the date of authorization, and within 30 days of consummation, notify the Commission by letter of the date of consummation. IT IS FURTHER ORDERED that the requirement in paragraph 65 of the Order and Authorization that GE Capital and
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- TRW, Telepazio, and LSAT Astro serves the public interest, convenience and necessity. Accordingly, pursuant to authority delegated by Section 0.261 of the Commission's rules, 47 C.F.R. 0.261, IT IS ORDERED that the transfer of control application, File No. SAT-ASG-19990527-00059, filed by LMGT and TRW, Inc., LSAT Astro, and Telespazio IS GRANTED. IT IS FURTHER ORDERED that pursuant to Section 25.119(f) of the Commission's Rules, 47 C.F.R. 25.119(f), the transfer of control of Astrolink from LMGT and TRW to LMGT, TRW, LSAT Astro, Telepazio must be completed within 60 days from the date of authorization, and within 30 days of consummation Astrolink must notify the Commission by letter of the date of consummation. IT IS FURTHER ORDERED that this Order
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- the extent indicated herein, and ARE OTHERWISE DISMISSED, and the authorizations (Call Signs Signs E930124, E940374, E930367, E990133, E980179, and E900081 (including associated special temporary authorizations) ARE MODIFIED to specify both AMSC-1 and MSAT-1 as points of communications, subject to consummation of the transaction approved in the Order and Authorization, DA 01-2732 (released November 21, 2001), in accordance with Section 25.119(f) of the Commission's Rules, 47 C.F.R. 25.119(f). 5. IT IS FURTHER ORDERED, that this Order and Authorization is effective upon release. FEDERAL COMMUNICATIONS COMMISSION Donald Abelson Chief, International Bureau See Public Notice, International Bureau Sets Deadlines Concerning Motient/TMI Assignment and Transfer of Control Applications, and Motient's Request for Second Generation Satellite/Terrestrial Base Station System; Deadline Extended for TMI's Application
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- the extent indicated herein, and ARE OTHERWISE DISMISSED, and the authorizations (Call Signs Signs E930124, E940374, E930367, E990133, E980179, and E900081 (including associated special temporary authorizations) ARE MODIFIED to specify both AMSC-1 and MSAT-1 as points of communications, subject to consummation of the transaction approved in the Order and Authorization, DA 01-2732 (released November 21, 2001), in accordance with Section 25.119(f) of the Commission's Rules, 47 C.F.R. 25.119(f). 5. IT IS FURTHER ORDERED, that this Order and Authorization is effective upon release. FEDERAL COMMUNICATIONS COMMISSION Donald Abelson Chief, International Bureau See Public Notice, International Bureau Sets Deadlines Concerning Motient/TMI Assignment and Transfer of Control Applications, and Motient's Request for Second Generation Satellite/Terrestrial Base Station System; Deadline Extended for TMI's Application
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- currently-pending 2 GHz MSS processing group. IT IS FURTHER ORDERED that the transaction approved herein shall be completed within 60 days from the date of this Order. Within 30 days of consummation, ICO-Teledesic Global Limited shall notify the Commission in writing of the date of consummation and the file numbers of the applications involved in the transaction. 47 C.F.R. 25.119(f). This Order is issued pursuant to Section 0.261 of the Commission's rules on delegated authority, 47 C.F.R. 0.261, and is effective upon release. FEDERAL COMMUNICATIONS COMMISSION Donald Abelson Chief, International Bureau An LOI is filed by a non-U.S.-licensed satellite system requesting that the Commission ``reserve'' spectrum for that system in a space station processing round, in anticipation of earth
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- IS GRANTED. IT IS FURTHER ORDERED that the transaction approved herein shall be completed within 60 days from the date of this Order and Authorization. Within 30 days of consummation, New York Satellite Industries, L.L.C. shall notify the Commission in writing of the date of consummation and the file numbers of the applications involved in the transaction. 47 C.F.R. 25.119(f). This Order and Authorization is issued pursuant to Section 0.261 of the Commission's rules on delegated authority, 47 C.F.R. 0.261, and is effective upon release. FEDERAL COMMUNICATIONS COMMISSION Fern Jarmulnek Deputy Chief Satellite Division International Bureau Final Analysis Communication Services, Inc. application for transfer of control, File No. SAT-T/C 20020125-00010 at Exhibit A, p.1 (filed January 25, 2002) (the
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- 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 Service in the 20/30 GHz bands. 25.160 Administrative sanctions. 25.163 Reinstatement.
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- IS ORDERED that, pursuant to Section 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. 310(d), the application for transfer of control of Ka-band authorizations held by TRW to Northrop Grumman IS GRANTED to the extent specified in this Order and Authorization. IT IS FURTHER ORDERED that this grant IS CONDITIONED on our requirement pursuant to Section 25.119(f) of the Commissions Rules, 47 C.F.R. 119(f), that Northrop Grumman shall consummate this transaction within 60 days from the date of this authorization, and within 30 days of consummation, notify the Commission by letter of the date of consummation. This action is taken under delegated authority pursuant to Sections 0.51, 0.261, 0.131, 0.331 of the Commission's Rules, 47 C.F.R.
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- to the ORBCOMM system to OLC and ORBCOMM LLC. V. ORDERING CLAUSES 23. Accordingly, IT IS ORDERED that, pursuant to section 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. 310(d), the applications for assignment of licenses held by Orbital Communications Corporation and ORBCOMM Global, L.P. ARE GRANTED. 24. IT IS FURTHER ORDERED that pursuant to section 25.119(f) of the Commission's rules, 47 C.F.R. 25.119(f), assignment of the U.S. licenses herein must be completed within 60 days from the date of the authorization, and within 30 days of consummation, ORBCOMM License Corporation and ORBCOMM LLC must notify the Commission by letter of the date of consummation. 25. Accordingly, having reviewed the applications and the record in this matter,
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- applications. With respect to the wireless licenses at issue, section 1.948(d) of the Commission's rules provides that ``the transaction must be consummated and notification provided to the Commission within 180 days of public notice of approval, and notification of consummation must occur no later than 30 days after actual consummation.'' With respect to the earth station licenses at issue, section 25.119(f) of the Commission's rules provides that ``transfers of controls shall be completed within 60 days from the date of authorization. Within 30 days of consummation, the Commission shall be notified by letter of the date of consummation and the file numbers of the applications involved in the transaction.'' For further information, contact Imani Ellis-Cheek, Policy Division, International Bureau, at (202)
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- services in those geographic areas. Therefore, we find that the proposed transactions, as described in the applications, are in the public interest, convenience, and necessity, and grant authority to transfer control of the requested space station authorizations. See 47 U.S.C. 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 25.119(f) of the Commission's rules provides that assignments and transfers of control must be completed within 60 days from the date of authorization. 47 C.F.R. 25.119(f). Within 30 days of consummation, licensees must notify the Commission by letter of the date of consummation. Id. We remind the parties that an assignment or a transfer shall not be considered complete until
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- For Authority to Transfer Control of Astrolink International LLC, Licensee of the Astrolink System, Order and Authorization, 16 FCC Rcd 20502 (2001). We will evaluate separately any subsequent transfers or assignments that are related to the larger transaction to which Astrolink refers. By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 25.119(f) of the Commission's rules provides that assignments and transfers of control must be completed within 60 days from the date of authorization. 47 C.F.R. 25.119(f). Within 30 days of consummation, licensees must notify the Commission by letter of the date of consummation. Id. We remind the parties that an assignment or a transfer shall not be considered complete until
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- to Transfer Control of Astrolink International LLC, Licensee of the Astrolink System, Order and Authorization, 16 FCC Rcd 20502 (2001). We find no evidence to suggest that Astrolink Holding lacks the legal, technical, and financial qualifications to hold FSS space station licenses. By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 25.119(f) of the Commission's rules provides that assignments and transfers of control must be completed within 60 days from the date of authorization. 47 C.F.R. 25.119(f). Within 30 days of consummation, licensees must notify the Commission by letter of the date of consummation. Id. We remind the parties that an assignment or a transfer shall not be considered complete until
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- District of New York. Accordingly, pursuant to Section 1.65 of the Commission's rules, Loral SpaceCom Corporation informed the Commission that for purposes of the above-referenced proceeding, it is now Loral SpaceCom Corporation (Debtor-in-Possession). See Letter to Marlene H. Dortch, Secretary, FCC, from Philip L. Verveer, Counsel for Loral SpaceCom Corporation (Debtor-in-Possession) dated July 25, 2003. In addition, pursuant to Section 25.119 of the Commission rules, Loral SpaceCom Corporation sought the Commission's consent to the pro forma assignment of its authorizations from Loral SpaceCom Corporation to Loral SpaceCom Corporation (Debtor-in-Possession). The Satellite Division, Policy Branch, granted this request on August 14, 2003. See Stamp-Grant by Jennifer M. Gilsenan, File No. SAT-ASG-20030725-00145, dated August 14, 2003. Loral SpaceCom Corp. and Loral Space and
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- restructuring, Sirius represents that it will not be able to fund its operations beyond the second quarter of 2003, and that service to existing Sirius customers could be adversely affected. Thus, given these public interest benefits and the corresponding lack of public interest harms, we find that it is in the public interest to grant Sirius' Transfer Application. Under Section 25.119(f) of the Commission's rules, transfers of control must be completed within 60 days from the date of authorization. We note that in its Transfer Application, Sirius states that the intended closing date for its restructuring is March 15, 2003, which falls slightly outside the 60 day period established by Section 25.119(f) for purposes of consummating the earth station license transfer.
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- and Order and Further Notice of Proposing Rulemaking, 18 FCC Rcd 10760, 10864 276 (2003) (``First Space Station Reform Order''). See also General Motors Corporation and Hughes Corporation, Transferors, and The News Corporation Limited, Transferee, Supplemental Order, MB Docket No. 03-124, DA 04-961, 19 FCC Rcd 6309, 6311 4 (Int'l Bur., WTB, OET 2004). See 47 C.F.R. 25.119(f). See 47 C.F.R. 1.65. See 47 C.F.R. 25.119(f). See First Space Station Reform Order, 18 FCC Rcd at 10880 326-327; 47 C.F.R. 25.137(g). 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 h $ # U V W Y h h h F
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- In order to correct this, on our own motion, we delay the effective date of the revisions to Section 25.154 adopted in the Fourth Report and Order. In the future, we will release a public notice announcing the effective date of these electronic filing requirements. C. Reports Part 25 requires several satellite operators to file annual reports. In addition, Section 25.119(f) requires parties transferring control of a satellite or earth station license to notify the Commission of the consummation of the transaction. Part 25 does not specify whether these reports must be filed electronically, and the Fourth Report and Order did not adopt any revisions to these requirements. Accordingly, we hereby clarify that the mandatory electronic filing requirements adopted in the
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- expertise on national security and law enforcement issues. See Foreign Participation Order, 12 FCC Rcd at 23919-921, 61-66. See Petition for Declaratory Ruling, Attachment 3: Ownership Information. Loral/Intelsat Order, 19 FCC Rcd at 2415, 26. DISCO II Order, 12 FCC Rcd at 24170-72, 178-182; Foreign Participation Order, 12 FCC Rcd 23891, 23919-21, 61-66. 47 C.F.R. 25.119(f). Id; see also 47 C.F.R. 1.948(d). 47 C.F.R. 1.103. 47 C.F.R. 1.106, 1.115. 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 h h PNG r v "r9 I'6 dY͆aX ; Wh X,aXy]\\.W`hva6l! v"]Vat-``````"m(c)x
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- expertise on national security and law enforcement issues. See Foreign Participation Order, 12 FCC Rcd at 23919-921, 61-66. See Petition for Declaratory Ruling, Attachment 3: Ownership Information. Loral/Intelsat Order, 19 FCC Rcd at 2415, 26. DISCO II Order, 12 FCC Rcd at 24170-72, 178-182; Foreign Participation Order, 12 FCC Rcd 23891, 23919-21, 61-66. 47 C.F.R. 25.119(f). Id; see also 47 C.F.R. 1.948(d). 47 C.F.R. 1.103. 47 C.F.R. 1.106, 1.115. 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 h h PNG r v "r9 I'6 dY͆aX ; Wh X,aXy]\\.W`hva6l! v"]Vat-``````"m(c)x
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- deference to Executive Branch expertise on national security and law enforcement issues. See Foreign Participation Order, 12 FCC Rcd at 23919-921, 61-66. See Department of Justice, Federal Bureau of Investigation, and Department of Homeland Security, Petition to Adopt Conditions to Authorizations and Licenses, IB Docket No. 04-247 (dated Oct. 13, 2004). 47 C.F.R. 0.261. See 47 C.F.R. 25.119(f). See 47 C.F.R. 1.65. See 47 C.F.R. 25.119(f). See 47 C.F.R. 25.137(g). See 47 C.F.R. 1.103. See 47 C.F.R. 1.106, 1.115. 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 h h
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- deference to Executive Branch expertise on national security and law enforcement issues. See Foreign Participation Order, 12 FCC Rcd at 23919-921, 61-66. See Department of Justice, Federal Bureau of Investigation, and Department of Homeland Security, Petition to Adopt Conditions to Authorizations and Licenses, IB Docket No. 04-247 (dated Oct. 13, 2004). 47 C.F.R. 0.261. See 47 C.F.R. 25.119(f). See 47 C.F.R. 1.65. See 47 C.F.R. 25.119(f). See 47 C.F.R. 25.137(g). See 47 C.F.R. 1.103. See 47 C.F.R. 1.106, 1.115. 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 h h
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- (``DISCO II Order''); Foreign Participation Order, 12 FCC Rcd 23891, 23919-921, 61-66. In assessing the public interest, the Commission considers the record and accords the appropriate level of deference to Executive Branch expertise on national security and law enforcement issues. See Foreign Participation Order, 12 FCC Rcd at 23919-921, 61-66. Executive Branch December 10 letter. 47 C.F.R. 25.119(f). Id; see also 47 C.F.R. 1.948(d). 47 C.F.R. 1.103. 47 C.F.R. 1.106, 1.115. 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 h PNG r v "r9 I'6 dY͆aX ; Wh X,aXy]\\.W`hva6l! v"]Vat-``````"m(c)x
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- Entities, abide by all terms and conditions of each of the Globalstar Agreements, and ensure the continued faithful execution of the Globalstar Agreements by GUSA and any successor-in-interest to GUSA. The Assumption Agreement is attached to this Public Notice as Appendix A. By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 25.119(f) of the Commission's rules provides that assignments and transfers of control must be completed within 60 days form the date of authorization. Within 30 days of consummation, licensees must notify the Commission by letter of the date of consummation. An assignment or a transfer shall not be considered complete until the underlying transaction closes and all conditions set forth in
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- Service in the Proposed Frequencies in the United States also must be filed electronically through IBFS. Applications for other earth station applications are permitted but not required to be filed electronically. Any party choosing to file an earth station application electronically must file in accordance with the applicable provisions of Part 1, Subpart Y of this Chapter. 7. Amend Section 25.119 by revising paragraphs (a), (c), and (d) to read as follows: You must file an application for Commission authorization before you can transfer, assign, dispose of (voluntarily or involuntarily, directly or indirectly, or by transfer of control of any corporation or any other entity) your station license or accompanying rights. The Commission will grant your application only if it finds
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- not result in an incentive to change the Wildblue contract for ground segment equipment in order to implement a vertical foreclosure strategy. Further, there is no evidence that a change in the Wildblue contract would have a negative impact on competition in equipment for Ka-band consumer broadband access by satellite. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 25.119 of the Commission's rules, 47 C.F.R. 25.119, that File Nos. SES-ASG-20041223-01892, SES-ASG-20041223-01893, and SES-ASG-20041223-01882, ARE GRANTED. IT IS FURTHER ORDERED, pursuant to Section 1.46(a) and 1.3 of the Commission's rules, 47 C.F.R. 1.46(a), 1.3, that the Motion to Accept Late-Filed Comments, filed by ViaSat, Inc. on March 16, 2005, IS DENIED. This Order is issued pursuant to Section
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- HNS License Sub, Limited, the English subsidiary. As a result, HNS Inc. now owns 50 percent of HNS LLC, and SkyTerra owns the remaining 50 percent. We approved this transaction in the Hughes/Skyterra Assignment Order, and nothing in this Order clarifying the assignors provides any basis for revisiting that decision. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Sections 25.119 and 0.261 of the Commission's rules, 47 C.F.R. 25.119, 0.261, that the Hughes/Skyterra Assignment Order, IS CLARIFIED as set forth above. FEDERAL COMMUNICATIONS COMMISSION Donald Abelson Chief, International Bureau APPENDIX A Earth Station Licenses and STAs That Were Assigned Pursuant to SES-ASG-20041223-01892 in the Hughes/Skyterra Assignment Order Earth Station Licenses E020208 E020205 E020195 E000362 E040382 E020207 E040436 E010187 E020206
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- cable networks to broadcast video programming, and by communications service providers, resellers, corporate and government customers for broadband data transmission, internet services and other communications services. Loral is also in the business of designing and manufacturing satellites and satellite systems for commercial and government applications. 47 U.S.C. 310(d). See Appendix A attached to this Public Notice. 47 C.F.R. 25.119(f). Id. 47 C.F.R. 1.103. 47 C.F.R. 1.106, 1.115. PUBLIC NOTICE Loral CyberStar, LLC Loral Skynet Network Services, Inc. (Delaware) Space Systems/ Loral, Inc. Loral Skynet Corporation (Delaware) Loral Space & Communications Holdings Corporation (Delaware) Loral Space & Communications Inc. (Delaware) Loral SpaceCom Corporation (Delaware) Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202
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- Corporation (Liberman) be extended for an additional 60 days until November 11, 2005. As you note in your letter, the Commission approved the above-referenced transfer of control transaction on May 4, 2004. The International Bureau has granted extensions of the consummation period several times since the initial 60-day period required for consummation under the Commission's rules. (See 47 C.F.R. Section 25.119(f)). You also note that the applications for pro forma transfer of control of Liberman were filed as part of an internal corporate restructuring related to an Initial Public Offering (IPO) and that Liberman has determined that market conditions are not conducive to an IPO at this time, but it intends to launch its IPO as soon as conditions are ``more
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- submarine cable landing license. See AT&T Corp. et al, China-U.S. Cable Landing License, File No. SCL-LIC-19980309-00005, 13 FCC Rcd 16232 (Int'l Bur. 1998). Licensees shall also comply with the requirements of section 1.768 (notifications and prior approval for submarine cable landing licensees that are or propose to become affiliated with a foreign carrier), 47 C.F.R. 1.768. 47 C.F.R. 25.119(f). Id; see also 47 C.F.R. 1.948(d). 47 C.F.R. 1.103. 47 C.F.R. 1.106, 1.115. PNG > !R>^SS߿"Kker4 JdMOO ,I TV5 0z̪ %o a% Tf(c) U~UyӚo=c {YAD Zv}YAD e/,-%E9 ^1J 2 bʆPh=f 8H]}`2@ 'XtpO $> -m``Q(q P e D _ p/]b|?O VJõ tXTe 2)V`` (c)}ltmE...bϡ gs>o(R)"qQ ܆D N - >rKp-~ifM
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- Exhibit F at 5-6. See also, ORBIMAGE, Form 10-K, Annual Report Pursuant to Section 13 of 15(d) of the Securities Exchange Act of 1934 for the fiscal year ended December 31, 2004, at 4-5. Applications, Exhibit F at 11, 12. Applications, Exhibit F at 11 - 14. Applications, Exhibit F at 13. 47 C.F.R. 0.261. See 47 C.F.R. 25.119(f). See 47 C.F.R. 1.65. See 47 C.F.R. 25.119(f). See 47 C.F.R. 25.137(g). 47 C.F.R. 1.103. 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 h| w - - gdH gd| PNG r v "r9 I'6 dY͆aX ; Wh X,aXy]\\.W`hva6l! v"]Vat-``````"m(c)x
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- interest in ENTEL-Chile and will cease to exist once the proposed transaction is consummated. Applicants also provide information for the record to demonstrate that the foreign carriers with which Americatel and AmericaSky will be affiliated after closing lack market power in their respective foreign markets. Americatel Application at 9-10, 14-15; AmericaSky Int'l 214 Application at 8-9, 13-14. 47 C.F.R. 25.119(f). 47 C.F.R. 25.119(f), 63.24(e)(4). 47 C.F.R. 1.103. 47 C.F.R. 1.106, 1.115. 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 PNG r v "r9 I'6 dY͆aX ; Wh X,aXy]\\.W`hva6l! v"]Vat-``````"m(c)x
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- Act of 1934, as amended, Order and Authorization, DA 04-4034 (Int'l Bur. rel. Dec. 22, 2004) (Zeus/Intelsat Order and Authorization). Under the terms of the Zeus/Intelsat Order and Authorization, Zeus and Intelsat must complete the transaction by February 22, 2005, sixty days after the release date of the order. See Zeus/Intelsat Order and Authorization at para. 51. See also, Section 25.119(f) of the Commission's rules, 47 C.F.R. 25.119(f). See Intelsat Petition for Declaratory Ruling at 2. See also, ORBIT Act, 621(5)(F)(i)(I),(II) and (III). See ORBIT Act, 621(5)(F)(i)(I). Under this provision, Intelsat must certify that it has achieved substantial dilution of the aggregate amount of signatory or former signatory financial interest in successor entities of INTELSAT. The term ``substantial
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- maintained. We request that if the authorizations are removed from the NTIA database that the Commission be informed so that conforming changes can be made to the FCC's database. Since these records do not constitute an authorization to the FAA, we cannot act on a request to assign the licenses listed in the pending Assignment Application. Accordingly, pursuant to Section 25.119 of the Commission rules, 47 C.F.R. 25.119, and the Commission's rules on delegated authority, 47 C.F.R. 0.261, we deny the above-referenced Assignment Application. However, to the extent the application constitutes a request to maintain data base entries reflecting operations of the ANICS system, as authorized by NTIA, it is hereby granted. Sincerely, Scott A. Kotler Chief, Systems Analysis
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- 2-3. The Applicants state that they do not seek approval for this future exchange, claiming ``prior FCC approval is not required to transfer non-voting interests in SkyTerra to Motient.'' Id. at 3 n.2. It is not clear from the record before us that the future exchange would not require prior Commission approval. We refer the Applicants to 47 C.F.R. 25.119(b)(2) and 47 C.F.R. 63.24(c) as guidance for the need to receive prior Commission approval should Motient decide to exercise its rights to effect this future exchange. We also caution Motient to consider whether the future exchange may require prior Commission approval under the foreign ownership provisions of 47 U.S.C. 310(b)(4) due to foreign equity and voting interests that
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- 95-22, 12 FCC Rcd 23891, 23918, 59, 23919-21, 61-66 (1997), recon. denied, 15 FCC Rcd 18158 (2000); Amendment of the Commission's Regulatory Policies to Allow Non-U.S. Licensed Space Stations to Provide Domestic and International Satellite Service in the United States, Report and Order, 12 FCC Rcd 24094, 24170, 178 (1997). Petition at 2-3. See 47 C.F.R. 25.119(f). See 47 C.F.R. 1.65. See 47 C.F.R. 25.119(f). The consummation letter shall advise the Commission which of the two alternative ownership structures, set out in Exhibit B, that SES GLOBAL has selected. See File Nos. SAT-PPL-20060106-00003, Form 312, Exhibit B at 4, SES-T/C-20060106-00013, Form 312, Exhibit E at 4. See File Nos. SAT-AMD-20060317-00026 and SES-AMD-20060320-00471, Form 312, Exhibit
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- ITC-T/C-20061129-00529 through -00531, ITC-T/C-20061215-00575, Attachment 1 at 7-8. See also Letter from Peter A. Rohrbach and Karis A. Hastings, Counsel for Inceptum 1 AS and Mobsat S.A.S., and Nancy J. Victory and Catherine M. Hilke, Counsel for Telenor ASA and Telenor Satellite Services, Inc., to Marlene H. Dortch, Secretary, FCC, dated April 17, 2007 (April 17 Letter). 47 C.F.R. 25.119(f). Id; see also 47 C.F.R. 1.948(d). 47 C.F.R. 1.103. 47 C.F.R. 1.106, 1.115. We recommend use of the ownership chart attached to this Appendix as a roadmap for the calculation of foreign ownership interests that will be held in MobSat Holding by and through Inceptum. See, e.g., Intelsat Ltd., Transferor, and Zeus Holdings Limited, Transferee, IB Docket
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- Games''). The Consent Decree terminates the Bureau's investigation into whether Scientific Games operated satellite earth stations without Commission authorization in violation of Section 301 of the Communications Act of 1934, as amended (``Act''), and Section 25.102(a) of the Commission's Rules (``Rules''), and engaged in unauthorized assignments of satellite earth stations in violation of Section 310(d) of the Act and Section 25.119 of the Rules. The Bureau and Scientific Games have negotiated the terms of the Consent Decree that would resolve this matter and terminate the investigation. A copy of the Consent Decree is attached hereto and incorporated by reference. In the absence of new material evidence relating to this matter, we conclude that no substantial or material questions of fact exist
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- Policies on Foreign Participation in the U.S. Telecommunications Market; Market Entry and Regulation of Foreign-Affiliated Entities, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891 (1997) (Foreign Participation Order), modified by Order on Reconsideration, 15 FCC Rcd 18158 (2000). See id., 12 FCC Rcd at 23896, 9, 23913, 50, and 23940, 111-112. 47 C.F.R. 25.119(f). Id.; see also 47 C.F.R. 1.948(d). 47 C.F.R. 1.103. 47 C.F.R. 1.106, 1.115. 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 $a$ { 1 5 6 C K M c d o x - (c)
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- 47 C.F.R. 25.112, requires 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. Satview Broadband Ltd.'s application does not comply with the Commission's rules, rendering it unacceptable and subject to dismissal. The deficiency is as follows: Pursuant to Section 25.119(c) of the Commission's rules, 47 C.F.R. 25.119(c), assignment of license must be filed electronically through the International Bureau Filing system using Form 312, including Schedule A. Satview Broadband Ltd. did not submit its application electronically. . If you need any technical assistance with IBFS, please contact the IBFS help desk at 202-418-2222. Sincerely, Scott A. Kotler Chief, Systems Analysis
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- ESTABLISHED Petitions Due: October 19, 2007 Oppositions Due: November 5, 2007 Replies Due: November 13, 2007 INTRODUCTION Intelsat Holdings, Ltd. (``Intelsat'' or ``Transferor'') and Serafina Holdings Limited (``Serafina'' or ``Transferee'' and, together with Intelsat, the ``Applicants'') have filed a series of applications pursuant to sections 214, 308 and 310(d) of the Communications Act of 1934, as amended, and sections 1.948(a), 25.119, and 63.24 of the Commission's rules. The Applicants seek approval to transfer control of Intelsat and six subsidiaries of Intelsat - Intelsat LLC, Intelsat North America LLC, Intelsat General Corporation, Intelsat USA License Corp., PanAmSat Licensee Corp., and PanAmSat H-2 Licensee Corp. (together, the ``Intelsat Licensees'') - from Intelsat's existing control group of four private equity firms (``Existing Control Group''
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- 7591 4 (2002) (forfeiture paid). See 47 U.S.C. 214 and 310(d). See also AT&T, Inc. and Bell South Corporation, Memorandum Opinion and Order, 22 FCC Rcd 5662, 5671-72 (2006) (reviewing the standard governing the Commission's consideration of applications to transfer or assign licenses and authorizations including earth station licenses and Section 214 authorizations). See also 47 C.F.R. 25.119 and 63.24 (requiring holders of Earth Station licenses and International Section 214 authorizations to apply for Commission approval when transferring control of a corporate parent, respectively). See Supplement to Clarify Ownership Information at 1-2. See id. at 3. See id. at 1-3. See generally Stephen F. Sewell, ``Assignments and Transfers of FCC Authorizations Under Section 310(d) of the Communications Act
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- 25.112, requires 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. Pioneer Long Distance, Inc.'s application does not comply with the Commission's rules, which renders it unacceptable and subject to dismissal. The deficiency is as follows: Pursuant to Section 25.119(c) of the Commission's rules, 47 C.F.R. 25.119(c), assignment of license must be filed electronically through the International Bureau Filing system using Form 312, including Schedule A. Pioneer Long Distance, Inc. did not submit its application electronically. . If you need any technical assistance with IBFS, please contact the IBFS help desk at 202-418-2222. Sincerely, Scott A. Kotler Chief, Systems
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- 25.112, requires the Commission to return, as unacceptable for filing, any earth station application that is not substantially complete, that contains internal inconsistencies, or that does not substantially comply with the Commission's rules. Video Crafters, LLC's application does not comply with the Commission's rules, which renders it unacceptable and subject to dismissal. The deficiency is as follows: Pursuant to Section 25.119(c) of the Commission's rules, 47 C.F.R. 25.119(c), assignments of license must be filed electronically through the International Bureau Filing system using Form 312, including Schedule A. Video Crafters, LLC did not submit its application electronically. In addition, we note that Video Crafters, LLC did not submit the correct fee. Pursuant to Section 1.1107 of the Commission's rules, 47 C.F.R.
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- (``SkyPort''), licensee of an international section 214 authorization and two earth stations, and its ultimate controlling affiliate, Balaton Group, Inc. (``Balaton'') apparently willfully and repeatedly violated the Commission's rules by engaging in unauthorized transfers of control. Specifically, we find that SkyPort and its affiliates apparently violated section 214 of the Communications Act of 1934, as amended (the ``Act''), and sections 25.119 and 63.24 of the Commission's rules by consummating pro forma transfers of de jure control of SkyPort to one of its existing minority shareholders. Based on our review of the facts and circumstances surrounding this matter, we find that SkyPort and its affiliates are apparently liable for a forfeiture of $3,000. background Section 214 of the Act requires telecommunications carriers
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- 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 before us,
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- LIABILITY FOR FORFEITURE Adopted: December 2, 2008 Released: December 2, 2008 By the Chief, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Fox Television Holdings, Inc. (``FTH''), licensee of various satellite earth station licenses, apparently, willfully and repeatedly, violated section 310(d) of the Communications Act of 1934, as amended (the ``Act''), and section 25.119 of the rules of the Federal Communications Commission (the ``Commission'' or ``FCC'') by failing to timely apply for and obtain Commission consent to the transfer of control of certain satellite earth station licenses used in connection with operations of FTH television stations. Based on our review of the facts and circumstances surrounding this matter, we find that FTH is apparently
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- May 14, 2009 By the Investigations and Hearings Division, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and ARINC, Inc. (``ARINC''). The Consent Decree terminates an investigation by the Bureau against ARINC for possible violation of section 310(d) of the Communications Act of 1934, as amended (the ``Act''), and Sections 25.119 and 1.948 of the Commission's rules in connection with the unauthorized transfer of control of various licenses and authorizations held both directly and indirectly by ARINC. The Bureau and ARINC 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
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- Stratos Global upon Inmarsat's compliance with the September 23, 2008, Network Security Agreement, and Stratos Global's continued compliance with the 2001 Agreement and the 2007 Amendment No.1. Deadline for Closing the Transaction Under Section 1.948(d) of the Commission's rules, transfers and assignments that require prior Commission approval must be consummated within 180 days of notice of public approval. Under Section 25.119(f) of the Commission's rules, however, transfers of control involving earth station applications must be completed within 60 days from the date of authorization. As we noted above, Inmarsat states that it does not intend to close this transaction until after April 15, 2009, which falls outside of the 60 day period established by Section 25.119(f) for purposes of consummating the
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- 31, 2009 By the Investigations and Hearings Division, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Hughes Communications, Inc. (``Hughes''). The Consent Decree terminates an investigation by the Bureau against Hughes for possible violation of section 310(d) of the Communications Act of 1934, as amended (the ``Act''), and section 25.119 of the Commission's rules in connection with the unauthorized transfer of control of various licenses and authorizations held both directly and indirectly by Hughes. The Bureau and Hughes 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
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- the Notice of Apparent Liability that the Commission's Enforcement Bureau (``Bureau'') issued on November 5, 2008, we find that SkyPort and its affiliates willfully and repeatedly violated the Commission's rules by engaging in unauthorized transfers of control. Specifically, we find that SkyPort and its affiliates violated section 214 of the Communications Act of 1934, as amended (the ``Act''), and sections 25.119 and 63.24 of the Commission's rules by consummating pro forma transfers of de jure control of SkyPort and its two international satellite earth station authorizations to one of its existing minority shareholders. BACKGROUND Section 214 of the Act requires telecommunications carriers to obtain a certificate of public convenience and necessity from the Commission before constructing, acquiring, operating or engaging in
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- / WNYE223; 0003469688 / Staten Island Cable, LLC / WPOB447. See also Letter from John R. Wilner, Bryan Cave, Counsel for Time Warner Cable Inc., to Marlene H. Dortch, Secretary, FCC (Feb. 4, 2009) at 2 (removing CARS license WHZ-677 from list of Roll-Up Assignments). See id.; see also 47 C.F.R. 78.35(a); 47 C.F.R. 1.948; 47 C.F.R. 25.119. We note that TWC argues that the assignment of certain private land mobile radio licenses in the Roll-Up Assignments was permissible under Section 90.159(c) of the Commission's Rules, 47 C.F.R. 90.159(c). TWC Jan. 28, 2009 Ex Parte at 3, n.2. 47 U.S.C. 310(d). We do not grant the Roll-Up Assignments nunc pro tunc. See TWC Jan. 28, 2009
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- Chief, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Turner Broadcasting System, Inc (``Turner''), parent company of CNN America, Inc. and Courtroom Television Network LLC, holders of various licenses in the wireless and international radio services, apparently willfully and repeatedly violated section 310(d) of the Communications Act of 1934, as amended, and sections 25.119 and 1.948 of the Commission's rules (``Rules''), in connection with an internal company reorganization. Pursuant to section 503(b) of the Act, we conclude that Turner is apparently liable for a forfeiture in the total amount of $16,000. BACKGROUND Turner is an Atlanta-based corporation which provides programming for the cable industry. Among its wholly-owned subsidiaries at the time of the license
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- Cir. 1974). Space Station System Licensee, Inc., Assignor, and Iridium Constellation LLC, Assignee, Memorandum Opinion and Order, 17 FCC Rcd 2271, 2289 (2002). International Authorizations, Public Notice, 19 FCC Rcd 4079 (2004) (granting the assignment or transfer of control of Commission licenses relating to the operation of the Globalstar MSS system from Globalstar LP, Debtor-in-Possession to L/Q Licensee, Inc.). Section 25.119 of the Commission's rules, 47 C.F.R. 25.119, spells out the requirements for satellite license transfers of control, and makes no mention of a required financial showing. Section 25.165 of the Commission's rules, 47 C.F.R. 25.165(a), which imposes a bond requirement on the grant of new satellite licenses, makes no mention of transfers of control. 11 U.S.C. 1129(a)(11). In
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- Cir. 1974). 26Space Station System Licensee, Inc., Assignor, and Iridium Constellation LLC, Assignee, Memorandum Opinion and Order, 17 FCC Rcd 2271, 2289 (2002). 27International Authorizations, Public Notice, 19 FCC Rcd 4079 (2004) (grantingthe assignment or transfer of control of Commission licenses relating to the operation of the Globalstar MSS system from Globalstar LP, Debtor- in-Possession to L/Q Licensee, Inc.). 28Section 25.119 of the Commission's rules, 47 C.F.R. 25.119, spells out the requirements for satellite license transfers of control, and makes no mention of a required financial showing. Section 25.165 of the Commission's (continued....) 13668 Federal Communications Commission DA 10-1881 any evidence or arguments regarding the future financial stability of New DBSD DIP that were not also presented to the bankruptcy
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- In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") of the Federal Communications Commission and Shared Data Networks, LLC ("Shared Data"). The Consent Decree terminates an investigation by the Bureau against Shared Data for possible violations of sections 301 and 310(d) of the Communications Act of 1934, as amended ("Act"), and sections 25.102, 25.119, and 25.121(e) of the Commission's rules, regarding the transfer of control of various satellite earth station licenses held by Shared Data, the renewal of a license to operate an earth station for a fixed satellite service, and the operation of an earth station for a fixed satellite service. The Bureau and Shared Data have negotiated the terms of a Consent
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- 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Shop at Home Holdings, Inc. (``Shop at Home Holdings'' or the ``Company'') acquired the licenses for, and operated, two satellite earth stations, without obtaining prior Commission consent, in apparent willful and repeated violation of Sections 310(d) of the Communications Act of 1934, as amended (the ``Act''), and 25.119 of the Commission's Rules. Based on our review of the facts and circumstances surrounding this matter, we find that Shop at Home Holdings apparently is liable for a forfeiture in the total amount of $16,000. II. BACKGROUND Section 310(d) of the Act provides that no station license may be ``transferred, assigned, or disposed of in any manner, voluntarily or involuntarily,
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- Accordingly, additional satellite applications may be filed without addressing the rule. CONCLUSION Upon review of the Application and the record in the proceeding, we conclude that approval of this transaction is in the public interest. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. 310(d), and Sections 25.119(d) and 25.137(g) of the Commission's rules, 47 C.F.R. 25.119(d), 25.137(g), the applications listed in Appendix A are GRANTED. IT IS FURTHER ORDERED that, pursuant to Section 1.65 of the Commission's rules, 47 C.F.R. 1.65, the Applicants are afforded 60 days from the date of release of this Order to make any necessary amendments to pending applications to reflect
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- (BSS) space station authorizations, that Section 25.159(d) of the Commission's rules does not constrain EchoStar's ability to acquire Hughes assets, including certain pending applications. II. BACKGROUND A. Description of the Applicants 1. The Transferor BRH Holdings GP, Ltd. 2.Leon Black, Marc Rowan, and Joshua Harris are the sole stockholders and directors of BRH 147 U.S.C. 310(d); 47 C.F.R. 25.119(d), 25.137(g). 2SeeHughes Communications, Inc., Transferor, and EchoStar Corporation, Transferee, Consolidated Application for Authority to Transfer Control, Narrative, IBFS File Nos. SAT-T/C-20110228-00041 and -00042, SES-T/C- 20110228-00221, -00222, -00223 and -00224, and Experimental License File Nos. 0001-EX-TC-2011, 0002-EX- TC-2011 and 0003-EX-TC-2011(filed Feb. 28, 2011), as corrected by Erratum (filed Mar. 2, 2011) ("Narrative"). Action on the experimental licenses will be taken by
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- this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau of the Federal Communications Commission (``Bureau'') and DRS Technologies, Inc. (``DRS Technologies''). The Consent Decree terminates an investigation by the Bureau into whether DRS Technologies complied with sections 301 and 310(d) of the Communications Act of 1934, as amended, and with sections 1.948, 5.53(a), 5.59(d), and 25.119 of the Commission's rules (``Rules''), relating to several transactions completed by DRS Technologies and its wholly-owned subsidiary companies between April 1, 2008 and January 1, 2010, and to DRS Technologies' operation of certain experimental radio facilities. The Bureau and DRS Technologies have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is
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- require Commission licensees of wireless communications to apply for, and obtain, Commission approval before transferring or assigning FCC licenses. On August 5, 2009, the Bureau issued an LOI to EDS. The LOI directed EDS, among other things, to submit a sworn written response to a series of questions relating to EDS's compliance with section 310(d) of the Act and section 25.119 of the Rules. EDS responded to the LOI on September 4, 2009. Subsequently, the Companies voluntarily disclosed to the Bureau issues regarding the compliance of HP, the ultimate parent company of EDS, with requirements of the Act and the Rules governing the assignment or transfer of control of FCC licenses. III. TERMS OF AGREEMENT Adopting Order. The Parties agree that
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- Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau of the Federal Communications Commission (``Bureau'') and Turner Broadcasting System, Inc. (``Turner''). The Consent Decree terminates an investigation and cancels a proposed forfeiture by the Bureau against Turner for possible violation of section 310 of the Communications Act of 1934, as amended, sections 25.119 and 1.948 of the Commission's rules, in connection with an internal reorganization. The Bureau and Turner have negotiated the terms of a Consent Decree that resolves 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 before us, we find that the public
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- Internet website at http://www.fcc.gov. People with Disabilities: To request this Public Notice in accessible formats (computer diskette, large print, audio recording, and Braille) send an email to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). For further information, contact Lynne Montgomery, Satellite Division, International Bureau, at 202-418-2229. 47 U.S.C. 310(d); 47 C.F.R. 25.119(d), 25.137(g). See Hughes Communications, Inc., Transferor, and EchoStar Corporation, Transferee, Consolidated Application for Authority to Transfer Control, Narrative, IBFS File Nos. SAT-T/C-20110228-00041 and -00042, SES-T/C-20110228-00221, -00222, -00223 and -00224, and Experimental License File Nos. 0001-EX-TC-2011, 0002-EX-TC-2011 and 0003-EX-TC-2011 (filed Feb. 28, 2011), as corrected by Erratum (filed Mar. 2, 2011) (``Hughes Narrative''). Id.. Hughes Narrative, Attachment 1, Ownership of Hughes
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- subsidiaries, Hughes Network Systems, LLC ("HNS") and HNS License Sub, LLC ("HNS Sub"), Commission licensees, to EchoStar.2 II. THE PARTIES A. The Transferor BRH Holdings GP, Ltd. Leon Black, Marc Rowan, and Joshua Harris are the sole stockholders and directors of BRH Holdings GP, Ltd.3BRH Holdings Group, Ltd, a U.K. company, indirectly controls 147 U.S.C. 310(d); 47 C.F.R. 25.119(d), 25.137(g). 2SeeHughes Communications, Inc., Transferor, and EchoStar Corporation, Transferee, Consolidated Application for Authority to Transfer Control, Narrative, IBFS File Nos. SAT-T/C-20110228-00041 and -00042, SES-T/C- 20110228-00221, -00222, -00223 and -00224, and Experimental License File Nos. 0001-EX-TC-2011, 0002-EX- TC-2011 and 0003-EX-TC-2011(filed Feb. 28, 2011), as corrected by Erratum (filed Mar. 2, 2011) ("Hughes Narrative"). 3Id.. 3938 Hughes Communications.4 Hughes Communications is a
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- we adopt the attached Consent Decree entered into between the Enforcement Bureau (the ``Bureau'') and AST Telecom, LLC d/b/a Blue Sky Communications (``AST''). The Consent Decree terminates an investigation by the Bureau of AST's compliance with Sections 214 and 310(d) of the Communications Act of 1934, as amended, and the Cable Landing Licensing Act of 1921, and Sections 1.767, 1.948, 25.119 and 63.24 of the Commission's Rules relating to AST's transfer of control and assignment of Commission authorizations. The Consent Decree also terminates the investigation by the Bureau of AST's compliance with section 1.65 of the Commission's rules relating to the continuing accuracy and completeness of information furnished to the Commission. The Bureau and AST have negotiated the terms of a
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- the condition that Columbia shall operate at 41 W.L. consistent with applicable provisions of the ITU Convention and Radio Regulations and seek pursuant to the provisions a mutually acceptable arrangement that resolves unacceptable interference between Columbia and any ' See Columbia Communications Corporation. DA 96-703 (released May 6, 1996) ("STA Order"), Application for Review pending. Id, paragraph 19. 3 See47C.F.R. 25.119(b). 8025 INTELSAT satellite operating at 40.5 W.L. 4. IT IS FURTHER ORDERED that this special temporary authority is renewable for good cause shown during the pending of further negotiations with INTELSAT and action on the application for permanent authority. This order is issued under Section 0.261 of the Commission's Rules and is effective upon adoption. Petitions for reconsideration under Section
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- issued under Section 0.261 of the Commission's Rules and is effective upon adoption. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission's Rules may be filed within 30 days of the date of public notice of this order (see Section 1.4(b)(2)). FEDERAL COMMUNICATIONS COMMISSION Thomas S. Tycz Chief, Satellite and Radiocommunication Division See47C.F.R. 25.119(b). 1715
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- . Thomas S. Tycz Chief, Satellite and Radiocommunication Division See Columbia Communications Corporation DA 96-703 at paragraph 19. See Columbia Communications Corporation, DA 96-1080 (Released July 5, 1996)("STA Extension Order"). See Columbia Communications Corporation. DA 96-2139 (Released December 20, 1996)("Second STA Extension Order:). See Columbia Communications Corporation. DA 97-1248 (Released June 13, 1997)("Third STA Extension Order"). See 47 C.F.R. 25.119(b). 19740
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- WorldSpace's options were exercised, would make it the majority shareholder of AMRC. Under the Commission's rules, however, in the context of broadcast ownership, future ownership rights, such as options and convertible stock warrants, are not considered cognizable until exercised. Furthermore, any exercise of these options that would give WorldSpace control of AMRC, would be subject to Commission approval under Section 25.119. The mere fact that WorldSpace possessed these options, even considering AMRC's financial condition and its subsequent efforts to obtain additional financing, does not necessarily indicate ownership, de jure or de facto, of AMRC. AMRC disclosed WorldSpace's interests and the options that it held in AMRC, including the fact that WorldSpace's chief executive is one of three AMRC directors and that
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- move new Section 25.601 100.53 (Geographic service) amend and move new Section 25.148(c) 100.71 (Competitive bidding) move new Section 25.148(d) 100.77 (Long-form applications) amend and move new Section 25.148(e) Sections 100.72-.76, 100.78-100.79 (Competitive bidding system design) Eliminated in WTB Order (see infra.) covered by auction rules in Section 1.2101, et. seq. Section 100.80 (Transfers) eliminate covered by Sections 1.2111 and 25.119 Part 25 Cross-reference to Part 100 for DBS eliminate eliminate Section 25.109(b)(DBS cross-reference) Basis and purpose 100.1. Section 303(v) of the Communications Act gives the Commission exclusive jurisdiction over the regulation of DTH satellite services, including DBS. Therefore, the Notice proposed to eliminate Section 100.1 of the Commission's rules, which simply recites this statutory authority. We received no comment
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- the eventual sale of the TWE attributable interest, a written document evidencing the sale. IT IS FURTHER ORDERED that this grant IS CONDITIONED on our requirement that, within 60 days after closing, AT&T Comcast shall comply with our cable/SMATV cross-ownership rule, 47 C.F.R. 76.501(d). IT IS FURTHER ORDERED that this grant IS CONDITIONED on our requirement pursuant to section 25.119(f) of our rules, 47 C.F.R. 119(f), that AT&T Comcast shall complete this transaction within 60 days from the date of this authorization, and file with the Commission, within 30 days of consummation, notification by letter of the date of consummation and amend all pending earth station applications to reflect the new ownership structure approved in this Order. IT IS
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- services in a competitive market, where prices are determined by the marginal cost of the highest cost operator rather than fixed costs. Finally, contrary to Hughes's assertion, the rule revisions we adopt here will not allow licensees to sell their licenses without Commission review. Section 310(d) of the Act requires prior Commission review of all transfers of licenses, and Section 25.119(a) of the Commission's rules prohibits transfers of satellite licenses unless the Commission determines that the public interest, convenience, and necessity will be served thereby. The Commission did not propose any revision to that requirement, nor do we adopt any such revision here. Thus, by eliminating the anti-trafficking rule, we will no longer review each satellite transfer of control application to
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- services in a competitive market, where prices are determined by the marginal cost of the highest cost operator rather than fixed costs. Finally, contrary to Hughes's assertion, the rule revisions we adopt here will not allow licensees to sell their licenses without Commission review. Section 310(d) of the Act requires prior Commission review of all transfers of licenses, and Section 25.119(a) of the Commission's rules prohibits transfers of satellite licenses unless the Commission determines that the public interest, convenience, and necessity will be served thereby. The Commission did not propose any revision to that requirement, nor do we adopt any such revision here. Thus, by eliminating the anti-trafficking rule, we will no longer review each satellite transfer of control application to
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- U.S.C. 308, 310(d); Verizon-MCI Order, 20 FCC Rcd at 18525-26, 183; SBC-AT&T Order, 20 FCC Rcd at 18379, 171; Sprint-Nextel Order, 20 FCC Rcd at 13979, 24; Cingular-AT&T Wireless Order, 19 FCC Rcd at 21543, 44; GM-News Corp. Order, 19 FCC Rcd at 485, 18. 75 See 47 U.S.C. 310(d); 47 C.F.R. 25.119. See also, e.g., Verizon-MCI Order, 20 FCC Rcd at 18526, 183; SBC-AT&T Order, 20 FCC Rcd at 18379, 171; Sprint-Nextel Order, 20 FCC Rcd at 13979, 24. 76 See Verizon-MCI Order, 20 FCC Rcd at 18526, 183; SBC-AT&T Order, 20 FCC Rcd at 18379, 171; Rainbow-EchoStar Order, 20 FCC Rcd at 16875, 14; Sprint-Nextel
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- Security on June 25, 2007 IS GRANTED. Grant of the applications and the declaratory rulings IS CONDITIONED UPON compliance with the commitments and undertaking set forth in the June 21, 2007 letter from Holdco, Acquireco and Skynet Satellite Corporation, attached to this Memorandum Opinion and Order and Declaratory Ruling in Appendix C. IT IS FURTHER ORDERED that, pursuant to section 25.119(f) of the Commission's rules, 47 C.F.R. 25.119(f), consummation of this transaction shall be completed within 60 days from the release of this Memorandum Opinion and Order and Declaratory Ruling. Pursuant to sections 1.948(d) and 25.119(f) of the Commission's rules, 47 C.F.R. 1.948(d), 25.119(f), within 30 days of consummation, the Commission shall be notified by letter and by the
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- concurring and issuing a statement. introduction In this Order, we consider a series of applications (``Applications'') filed by Intelsat Holdings, Ltd. (``Intelsat'' or ``Transferor'') and Serafina Holdings Limited (``Serafina'' or ``Transferee'' and, together with Intelsat, the ``Applicants'') pursuant to sections 214 and 310(d) of the Communications Act of 1934, as amended (the ``Communications Act'' or ``Act'') and sections 1.948(a), 5.79, 25.119, and 63.24 of the Commission's rules. In these unopposed Applications, Intelsat and Serafina seek consent to the transfer of control of Intelsat and six subsidiaries of Intelsat - Intelsat LLC, Intelsat North America LLC, Intelsat General Corporation, Intelsat USA License Corp., PanAmSat Licensee Corp., and PanAmSat H-2 Licensee Corp. (together, the ``Intelsat Licensees'') - from Intelsat's existing control group of
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- 310(d). See AT&T/BellSouth, 22 FCC Rcd at 5756, para. 190; Applications for Consent to the Transfer of Control of Licenses and Section 214 Authorizations From Southern New England Telecommunications Corporation, Transferor to SBC Communications Inc., Transferee, CC Docket No. 98-25, 13 FCC Rcd 21292, 21305, para. 26 (1998) (SBC/SNET Order). See 47 U.S.C. 310(d); 47 C.F.R. 1.948, 25.119. The Commission does not, as a general rule, reevaluate the qualifications of the transferors unless issues related to basic qualifications have been designated for hearing by the Commission or have been sufficiently raised in petitions to warrant the designation of a hearing. See, e.g., SBC/AT&T Order, 20 FCC Rcd at 18379, para. 171. See AT&T/BellSouth Order, 22 FCC Rcd at
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- ``Applicants'') for consent to the transfer of control of the licenses and authorizations held by Sirius and XM, and their subsidiaries, for the provision of satellite digital audio radio service (or ``SDARS'') in the United States. The Application is filed pursuant to section 310(d) of the Communications Act of 1934, as amended (``Communications Act'' or ``Act''), and Sections 1.948 and 25.119 of the Commission's rules. Applicants assert that grant of the Application will generate substantial, merger-specific public interest benefits and will not harm competition in any market because a combined satellite radio provider will have no market power. Based on the review of the record as set forth in the discussion below, we find that grant of the Application, with Applicants'
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- letter. An entity's IRS determination letter proves that is has been recognized by the IRS as a nonprofit, tax-exempt entity under section 501 of the Internal Revenue Code. Acceptable documentation may also include state or government certifications or other documentation that non-profit status has been approved by a state or other governmental authority. See, e.g., 47 C.F.R. 1.948(g), 5.59(d), 25.119(c), 63.03(d)(2), 63.24(g), 73.3541. Debt collected by the Commission includes, in part, auction debt, fines and forfeitures for rule violations, and regulatory fee obligations. We clarify that this requirement would apply solely to entities and individuals that hold FCC licenses or certifications, or otherwise are considered to be doing business with the agency. Regulated entities' individual investors who have themselves filed
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- states that the 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 (2) That states there are unique and overriding public interest concerns that justify an extension, identifies these interests and justifies a precise extension period. * * * * * 10. In 25.119, revise paragraph (b)(2) to read as follows: 25.119 Assignment or transfer of control of station authorization. * * * * * (b) * * * (2) Effect any change in a controlling interest in the ownership of the licensee, including changes in legal or equitable ownership. * * * * * 11. In 25.134, revise the section heading,
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- entities."25The RFA generally defines the term "small entity" as referring to any "small business," "small organization," or "small governmental jurisdiction."26The term "small business" has the same meaning as the term "small business concern" under the Small Business Act.27A small business concern is one which: (1) is independently owned and operated; (2) is 21Seeproposed revisions to 47 C.F.R. 25.109(c), 25.116(e), 25.119(b)(2), 25.134, 25.208(s), 25.209(h), 25.214(a)(2), 25.220(a)(1), 25.271(c)(1), and 25.271(c)(3) in Appendix A. 2247 C.F.R. 1.1200, 1.1206; Amendment of 47 C.F.R. 1.1200 et seq. Concerning Ex Parte Presentations in Commission Proceedings, Report and Order, GC Docket No. 95-21, 12 FCC Rcd 7348 (1997). 2347 C.F.R. 1.1206(b)(2). 24The RFA, see5 U.S.C. 601 et. seq., has been amended by the
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- amend and move amend 25.146(b) 100.19 (Due diligence) move new 25.146(c) 100.21 (Technical) amend and move new 25.146(f) 100.51 (EEO) move amend 25.601 100.53 (Geographic service) amend and move new 25.146(d) 100.71 (Competitive Bids) amend and move new 25.146(e) 100.72-.79 (Competitive Bidding System Design) eliminate covered by auction rules in 1.2101, et. seq. 100.80 (Transfers) eliminate covered by 1.1211 and 25.119 Part 25 Cross-reference to Part 100 for DBS eliminate eliminate 25.109(b)(DBS cross-reference) Basis and purpose 100.1. We propose to eliminate Section 100.1, which recites the Commission's statutory authority to regulate radio transmissions and issue radio licenses for the "interim" DBS service. We propose to eliminate Section 100.1 because Section 303(v) of the Communications Act makes clear that the Commission
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- continue such operation while MSAT-1 is shifted from 106.5 degrees W.L. to 101 degrees W.L.; and then to route traffic via MSAT-1 at 101 degrees W.L., using those same frequencies, until March 13, 2003. Except insofar as expressly modified herein, the previous terms of AMSC's satellite license shall remain in effect. 19. IT IS FURTHER ORDERED, pursuant to 47 U.S.C. 25.119, that Application File No. 627-SSA-MP/L-98(2) IS GRANTED, and AMSC Subsidiary Corporation IS AUTHORIZED to use fixed earth stations E930124 and E940374 to communicate with MSAT-1 at 106.5 degrees W.L. and to communicate with MSAT-1 while it is in transit from that location to 101 degrees W.L. and also to allow its licensed mobile earth terminals to be used to communicate
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- Games"). The Consent Decree terminates the Bureau's investigation into whether Scientific Games operated satellite earth stations without Commission authorization in violation of Section 301 of the Communications Act of 1934, as amended ("Act"), and Section 25.102(a) of the Commission's Rules ("Rules"), and engaged in unauthorized assignments of satellite earth stations in violation of Section 310(d) of the Act and Section 25.119 of the Rules. 2. The Bureau and Scientific Games have negotiated the terms of the Consent Decree that would resolve this matter and terminate the investigation. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. In the absence of new material evidence relating to this matter, we conclude that no substantial or material questions of
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- 7591 P: 4 (2002) (forfeiture paid). See 47 U.S.C. S: 214 and 310(d). See also AT&T, Inc. and Bell South Corporation, Memorandum Opinion and Order, 22 FCC Rcd 5662, 5671-72 (2006) (reviewing the standard governing the Commission's consideration of applications to transfer or assign licenses and authorizations including earth station licenses and Section 214 authorizations). See also 47 C.F.R. S:S: 25.119 and 63.24 (requiring holders of Earth Station licenses and International Section 214 authorizations to apply for Commission approval when transferring control of a corporate parent, respectively). See Supplement to Clarify Ownership Information at 1-2. See id. at 3. See id. at 1-3. See generally Stephen F. Sewell, "Assignments and Transfers of FCC Authorizations Under Section 310(d) of the Communications Act
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- ("SkyPort"), licensee of an international section 214 authorization and two earth stations, and its ultimate controlling affiliate, Balaton Group, Inc. ("Balaton") apparently willfully and repeatedly violated the Commission's rules by engaging in unauthorized transfers of control. Specifically, we find that SkyPort and its affiliates apparently violated section 214 of the Communications Act of 1934, as amended (the "Act"), and sections 25.119 and 63.24 of the Commission's rules by consummating pro forma transfers of de jure control of SkyPort to one of its existing minority shareholders. Based on our review of the facts and circumstances surrounding this matter, we find that SkyPort and its affiliates are apparently liable for a forfeiture of $3,000. II. background 2. Section 214 of the Act requires
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- 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 the facts
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- FORFEITURE Adopted: December 2, 2008 Released: December 2, 2008 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Fox Television Holdings, Inc. ("FTH"), licensee of various satellite earth station licenses, apparently, willfully and repeatedly, violated section 310(d) of the Communications Act of 1934, as amended (the "Act"), and section 25.119 of the rules of the Federal Communications Commission (the "Commission" or "FCC") by failing to timely apply for and obtain Commission consent to the transfer of control of certain satellite earth station licenses used in connection with operations of FTH television stations. Based on our review of the facts and circumstances surrounding this matter, we find that FTH is apparently
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- 14, 2009 By the Investigations and Hearings Division, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and ARINC, Inc. ("ARINC"). The Consent Decree terminates an investigation by the Bureau against ARINC for possible violation of section 310(d) of the Communications Act of 1934, as amended (the "Act"), and Sections 25.119 and 1.948 of the Commission's rules in connection with the unauthorized transfer of control of various licenses and authorizations held both directly and indirectly by ARINC. 2. The Bureau and ARINC 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
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- 2009 By the Investigations and Hearings Division, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Hughes Communications, Inc. ("Hughes"). The Consent Decree terminates an investigation by the Bureau against Hughes for possible violation of section 310(d) of the Communications Act of 1934, as amended (the "Act"), and section 25.119 of the Commission's rules in connection with the unauthorized transfer of control of various licenses and authorizations held both directly and indirectly by Hughes. 2. The Bureau and Hughes 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
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- the Notice of Apparent Liability that the Commission's Enforcement Bureau ("Bureau") issued on November 5, 2008, we find that SkyPort and its affiliates willfully and repeatedly violated the Commission's rules by engaging in unauthorized transfers of control. Specifically, we find that SkyPort and its affiliates violated section 214 of the Communications Act of 1934, as amended (the "Act"), and sections 25.119 and 63.24 of the Commission's rules by consummating pro forma transfers of de jure control of SkyPort and its two international satellite earth station authorizations to one of its existing minority shareholders. II. BACKGROUND 2. Section 214 of the Act requires telecommunications carriers to obtain a certificate of public convenience and necessity from the Commission before constructing, acquiring, operating or
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- Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Turner Broadcasting System, Inc ("Turner"), parent company of CNN America, Inc. and Courtroom Television Network LLC, holders of various licenses in the wireless and international radio services, apparently willfully and repeatedly violated section 310(d) of the Communications Act of 1934, as amended, and sections 25.119 and 1.948 of the Commission's rules ("Rules"), in connection with an internal company reorganization. Pursuant to section 503(b) of the Act, we conclude that Turner is apparently liable for a forfeiture in the total amount of $16,000. II. BACKGROUND 2. Turner is an Atlanta-based corporation which provides programming for the cable industry. Among its wholly-owned subsidiaries at the time of
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- In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") of the Federal Communications Commission and Shared Data Networks, LLC ("Shared Data"). The Consent Decree terminates an investigation by the Bureau against Shared Data for possible violations of sections 301 and 310(d) of the Communications Act of 1934, as amended ("Act"), and sections 25.102, 25.119, and 25.121(e) of the Commission's rules, regarding the transfer of control of various satellite earth station licenses held by Shared Data, the renewal of a license to operate an earth station for a fixed satellite service, and the operation of an earth station for a fixed satellite service. 2. The Bureau and Shared Data have negotiated the terms of a
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- 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Shop at Home Holdings, Inc. ("Shop at Home Holdings" or the "Company") acquired the licenses for, and operated, two satellite earth stations, without obtaining prior Commission consent, in apparent willful and repeated violation of Sections 310(d) of the Communications Act of 1934, as amended (the "Act"), and 25.119 of the Commission's Rules. Based on our review of the facts and circumstances surrounding this matter, we find that Shop at Home Holdings apparently is liable for a forfeiture in the total amount of $16,000. II. BACKGROUND 2. Section 310(d) of the Act provides that no station license may be "transferred, assigned, or disposed of in any manner, voluntarily or
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- this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau of the Federal Communications Commission ("Bureau") and DRS Technologies, Inc. ("DRS Technologies"). The Consent Decree terminates an investigation by the Bureau into whether DRS Technologies complied with sections 301 and 310(d) of the Communications Act of 1934, as amended, and with sections 1.948, 5.53(a), 5.59(d), and 25.119 of the Commission's rules ("Rules"), relating to several transactions completed by DRS Technologies and its wholly-owned subsidiary companies between April 1, 2008 and January 1, 2010, and to DRS Technologies' operation of certain experimental radio facilities. 2. The Bureau and DRS Technologies have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree
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- Commission licensees of wireless communications to apply for, and obtain, Commission approval before transferring or assigning FCC licenses. 4. On August 5, 2009, the Bureau issued an LOI to EDS. The LOI directed EDS, among other things, to submit a sworn written response to a series of questions relating to EDS's compliance with section 310(d) of the Act and section 25.119 of the Rules. EDS responded to the LOI on September 4, 2009. Subsequently, the Companies voluntarily disclosed to the Bureau issues regarding the compliance of HP, the ultimate parent company of EDS, with requirements of the Act and the Rules governing the assignment or transfer of control of FCC licenses. III. TERMS OF AGREEMENT 5. Adopting Order. The Parties agree
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- Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau of the Federal Communications Commission ("Bureau") and Turner Broadcasting System, Inc. ("Turner"). The Consent Decree terminates an investigation and cancels a proposed forfeiture by the Bureau against Turner for possible violation of section 310 of the Communications Act of 1934, as amended, sections 25.119 and 1.948 of the Commission's rules, in connection with an internal reorganization. 2. The Bureau and Turner have negotiated the terms of a Consent Decree that resolves 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 the facts before us, we find that
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- we adopt the attached Consent Decree entered into between the Enforcement Bureau (the "Bureau") and AST Telecom, LLC d/b/a Blue Sky Communications ("AST"). The Consent Decree terminates an investigation by the Bureau of AST's compliance with Sections 214 and 310(d) of the Communications Act of 1934, as amended, and the Cable Landing Licensing Act of 1921, and Sections 1.767, 1.948, 25.119 and 63.24 of the Commission's Rules relating to AST's transfer of control and assignment of Commission authorizations. The Consent Decree also terminates the investigation by the Bureau of AST's compliance with section 1.65 of the Commission's rules relating to the continuing accuracy and completeness of information furnished to the Commission. 2. The Bureau and AST have negotiated the terms of
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- 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 FCC 97-70 77 25.134 Licensing provision of very small aperture terminal (VSAT) networks. 25.135
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- continue such operation while MSAT-1 is shifted from 106.5 degrees W.L. to 101 degrees W.L.; and then to route traffic via MSAT-1 at 101 degrees W.L., using those same frequencies, until March 13, 2003. Except insofar as expressly modified herein, the previous terms of AMSC's satellite license shall remain in effect. 19. IT IS FURTHER ORDERED, pursuant to 47 U.S.C. 25.119, that Application File No. 627-SSA-MP/L-98(2) IS GRANTED, and AMSC Subsidiary Corporation IS AUTHORIZED to use fixed earth stations E930124 and E940374 to communicate with MSAT-1 at 106.5 degrees W.L. and to communicate with MSAT-1 while it is in transit from that location to 101 degrees W.L. and also to allow its licensed mobile earth terminals to be used to communicate
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- Development Corporation filed August 23, 1999, is DENIED. 20. IT IS FURTHER ORDERED, that these transactions shall be completed within 60 days from the date of this Order. Within 30 days of consummation, the Applicants shall notify the Commission in writing of the date of consummation and the file numbers of the applications involved in the transaction. 47 C.F.R. 25.119(f). 21. IT IS FURTHER ORDERED, that KaSTAR must notify the Commission, in writing, of any further transactions involving the sale of KaSTAR shares from either Televerde, Mr. Drucker or Walter Segaloff prior to the launch of its first satellite, no later than 30 days after the transaction. FEDERAL COMMUNICATIONS COMMISSION Donald Abelson Chief, International Bureau KaSTAR Satellite Communications Corp. is
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- Supplemental Order, and that pursuant to Section 310(b)(4) of the Communications Act of 1934, as amended, 47 U.S.C. 310(b)(4), GE Americom is authorized to accept indirect foreign ownership in excess of the 25 percent benchmark in Section 310(b)(4) of the Act only to the extent specified in this Supplemental Order. 13. IT IS FURTHER ORDERED that pursuant to Section 25.119(f) of the Commission's Rules, 47 C.F.R. 25.119(f), GE Capital and SES Global must complete this transaction within 60 days from the date of authorization, and within 30 days of consummation, notify the Commission by letter of the date of consummation. 14. IT IS FURTHER ORDERED that the requirement in paragraph 65 of the Order and Authorization that GE Capital
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2009/dd090401.html
- 251(e)(2) of the Communications Act of 1934, and 64.604(c)(5)(iii)(B) of the Commission's rules. Action by: The Commission. Adopted: 03/31/2009 by NALF. (FCC No. 09-26). EB [60]FCC-09-26A1.doc [61]FCC-09-26A1.pdf [62]FCC-09-26A1.txt HUGHES COMMUNICATIONS, INC. Adopted the Consent Decree providing for a voluntary contribution of $12,000 resolving an investigation into an apparent unauthorized transfer of control under section 310(d) of the Act and section 25.119 of the Commission's rules. Action by: Chief, Investigations and Hearings Division, Enforcement Bureau. Adopted: 03/31/2009 by Consent Decree. (DA No. 09-693). EB [63]DA-09-693A1.doc [64]DA-09-693A1.pdf [65]DA-09-693A1.txt WAIVER OF 47 CFR SECTION 43.21(B). Waived on an interim basis the Form 10-K Filing Requirement Contained in Section 43.21(b) of the Commission's Rules. Action by: Deputy Chief, Wireline Competition Bureau. Adopted: 03/31/2009 by ORDER.
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2010/dd100913.html
- Mark Wigfield at (202) 418-0253, email: Mark.Wigfield@fcc.gov WCB . Contact Jim Lande or Ken Lynch at (202) 418-0940, TTY: (202) 418-0484 [28]DOC-301406A1.doc [29]DOC-301406A1.pdf [30]DOC-301406A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- TURNER BROADCASTING SYSTEM, INC. Notified Turner Broadcasting System, Inc. of its apparent liability for a forfeiture in the amount of $16,000 for apparently violating section 310(d) of the Act and sections 25.119 and 1.948 of the Rules. Action by: Chief, Enforcement Bureau. Adopted: 09/10/2010 by NALF. (DA No. 10-1648). EB [31]DA-10-1648A1.doc [32]DA-10-1648A1.pdf [33]DA-10-1648A1.txt COMCAST CABLE COMMUNICATIONS, LLC. Granted the petition. Action by: Senior Deputy Chief, Policy Division, Media Bureau. Adopted: 09/10/2010 by MO&O. (DA No. 10-1723). MB [34]DA-10-1723A1.doc [35]DA-10-1723A1.pdf [36]DA-10-1723A1.txt TELECOMMUNICATIONS INDUSTRY REVENUES 2008. FCC Releases Annual Telecommunications Industry Revenue Report. Action
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- Games"). The Consent Decree terminates the Bureau's investigation into whether Scientific Games operated satellite earth stations without Commission authorization in violation of Section 301 of the Communications Act of 1934, as amended ("Act"), and Section 25.102(a) of the Commission's Rules ("Rules"), and engaged in unauthorized assignments of satellite earth stations in violation of Section 310(d) of the Act and Section 25.119 of the Rules. 2. The Bureau and Scientific Games have negotiated the terms of the Consent Decree that would resolve this matter and terminate the investigation. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. In the absence of new material evidence relating to this matter, we conclude that no substantial or material questions of
- http://www.fcc.gov/eb/Orders/2007/DA-07-4907A1.html
- 7591 P: 4 (2002) (forfeiture paid). See 47 U.S.C. S: 214 and 310(d). See also AT&T, Inc. and Bell South Corporation, Memorandum Opinion and Order, 22 FCC Rcd 5662, 5671-72 (2006) (reviewing the standard governing the Commission's consideration of applications to transfer or assign licenses and authorizations including earth station licenses and Section 214 authorizations). See also 47 C.F.R. S:S: 25.119 and 63.24 (requiring holders of Earth Station licenses and International Section 214 authorizations to apply for Commission approval when transferring control of a corporate parent, respectively). See Supplement to Clarify Ownership Information at 1-2. See id. at 3. See id. at 1-3. See generally Stephen F. Sewell, "Assignments and Transfers of FCC Authorizations Under Section 310(d) of the Communications Act
- http://www.fcc.gov/eb/Orders/2008/DA-08-2457A1.html
- ("SkyPort"), licensee of an international section 214 authorization and two earth stations, and its ultimate controlling affiliate, Balaton Group, Inc. ("Balaton") apparently willfully and repeatedly violated the Commission's rules by engaging in unauthorized transfers of control. Specifically, we find that SkyPort and its affiliates apparently violated section 214 of the Communications Act of 1934, as amended (the "Act"), and sections 25.119 and 63.24 of the Commission's rules by consummating pro forma transfers of de jure control of SkyPort to one of its existing minority shareholders. Based on our review of the facts and circumstances surrounding this matter, we find that SkyPort and its affiliates are apparently liable for a forfeiture of $3,000. II. background 2. Section 214 of the Act requires
- http://www.fcc.gov/eb/Orders/2008/DA-08-2540A1.html
- 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 the facts
- http://www.fcc.gov/eb/Orders/2008/DA-08-2625A1.html
- FORFEITURE Adopted: December 2, 2008 Released: December 2, 2008 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Fox Television Holdings, Inc. ("FTH"), licensee of various satellite earth station licenses, apparently, willfully and repeatedly, violated section 310(d) of the Communications Act of 1934, as amended (the "Act"), and section 25.119 of the rules of the Federal Communications Commission (the "Commission" or "FCC") by failing to timely apply for and obtain Commission consent to the transfer of control of certain satellite earth station licenses used in connection with operations of FTH television stations. Based on our review of the facts and circumstances surrounding this matter, we find that FTH is apparently
- http://www.fcc.gov/eb/Orders/2009/DA-09-693A1.html
- 2009 By the Investigations and Hearings Division, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Hughes Communications, Inc. ("Hughes"). The Consent Decree terminates an investigation by the Bureau against Hughes for possible violation of section 310(d) of the Communications Act of 1934, as amended (the "Act"), and section 25.119 of the Commission's rules in connection with the unauthorized transfer of control of various licenses and authorizations held both directly and indirectly by Hughes. 2. The Bureau and Hughes 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
- http://www.fcc.gov/eb/Orders/2009/DA-09-697A1.html
- the Notice of Apparent Liability that the Commission's Enforcement Bureau ("Bureau") issued on November 5, 2008, we find that SkyPort and its affiliates willfully and repeatedly violated the Commission's rules by engaging in unauthorized transfers of control. Specifically, we find that SkyPort and its affiliates violated section 214 of the Communications Act of 1934, as amended (the "Act"), and sections 25.119 and 63.24 of the Commission's rules by consummating pro forma transfers of de jure control of SkyPort and its two international satellite earth station authorizations to one of its existing minority shareholders. II. BACKGROUND 2. Section 214 of the Act requires telecommunications carriers to obtain a certificate of public convenience and necessity from the Commission before constructing, acquiring, operating or
- http://www.fcc.gov/eb/Orders/2010/DA-10-1648A1.html
- Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Turner Broadcasting System, Inc ("Turner"), parent company of CNN America, Inc. and Courtroom Television Network LLC, holders of various licenses in the wireless and international radio services, apparently willfully and repeatedly violated section 310(d) of the Communications Act of 1934, as amended, and sections 25.119 and 1.948 of the Commission's rules ("Rules"), in connection with an internal company reorganization. Pursuant to section 503(b) of the Act, we conclude that Turner is apparently liable for a forfeiture in the total amount of $16,000. II. BACKGROUND 2. Turner is an Atlanta-based corporation which provides programming for the cable industry. Among its wholly-owned subsidiaries at the time of
- http://www.fcc.gov/eb/Orders/2010/DA-10-2139A1.html
- In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") of the Federal Communications Commission and Shared Data Networks, LLC ("Shared Data"). The Consent Decree terminates an investigation by the Bureau against Shared Data for possible violations of sections 301 and 310(d) of the Communications Act of 1934, as amended ("Act"), and sections 25.102, 25.119, and 25.121(e) of the Commission's rules, regarding the transfer of control of various satellite earth station licenses held by Shared Data, the renewal of a license to operate an earth station for a fixed satellite service, and the operation of an earth station for a fixed satellite service. 2. The Bureau and Shared Data have negotiated the terms of a
- http://www.fcc.gov/eb/Orders/2010/DA-10-3A1.html
- 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Shop at Home Holdings, Inc. ("Shop at Home Holdings" or the "Company") acquired the licenses for, and operated, two satellite earth stations, without obtaining prior Commission consent, in apparent willful and repeated violation of Sections 310(d) of the Communications Act of 1934, as amended (the "Act"), and 25.119 of the Commission's Rules. Based on our review of the facts and circumstances surrounding this matter, we find that Shop at Home Holdings apparently is liable for a forfeiture in the total amount of $16,000. II. BACKGROUND 2. Section 310(d) of the Act provides that no station license may be "transferred, assigned, or disposed of in any manner, voluntarily or
- http://www.fcc.gov/eb/Orders/2011/DA-11-109A1.html
- this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau of the Federal Communications Commission ("Bureau") and DRS Technologies, Inc. ("DRS Technologies"). The Consent Decree terminates an investigation by the Bureau into whether DRS Technologies complied with sections 301 and 310(d) of the Communications Act of 1934, as amended, and with sections 1.948, 5.53(a), 5.59(d), and 25.119 of the Commission's rules ("Rules"), relating to several transactions completed by DRS Technologies and its wholly-owned subsidiary companies between April 1, 2008 and January 1, 2010, and to DRS Technologies' operation of certain experimental radio facilities. 2. The Bureau and DRS Technologies have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree
- http://www.fcc.gov/eb/Orders/2011/DA-11-1326A1.html
- Commission licensees of wireless communications to apply for, and obtain, Commission approval before transferring or assigning FCC licenses. 4. On August 5, 2009, the Bureau issued an LOI to EDS. The LOI directed EDS, among other things, to submit a sworn written response to a series of questions relating to EDS's compliance with section 310(d) of the Act and section 25.119 of the Rules. EDS responded to the LOI on September 4, 2009. Subsequently, the Companies voluntarily disclosed to the Bureau issues regarding the compliance of HP, the ultimate parent company of EDS, with requirements of the Act and the Rules governing the assignment or transfer of control of FCC licenses. III. TERMS OF AGREEMENT 5. Adopting Order. The Parties agree
- http://www.fcc.gov/eb/Orders/2011/DA-11-213A1.html
- Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau of the Federal Communications Commission ("Bureau") and Turner Broadcasting System, Inc. ("Turner"). The Consent Decree terminates an investigation and cancels a proposed forfeiture by the Bureau against Turner for possible violation of section 310 of the Communications Act of 1934, as amended, sections 25.119 and 1.948 of the Commission's rules, in connection with an internal reorganization. 2. The Bureau and Turner have negotiated the terms of a Consent Decree that resolves 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 the facts before us, we find that
- http://www.fcc.gov/eb/Orders/2011/DA-11-60A1.html
- we adopt the attached Consent Decree entered into between the Enforcement Bureau (the "Bureau") and AST Telecom, LLC d/b/a Blue Sky Communications ("AST"). The Consent Decree terminates an investigation by the Bureau of AST's compliance with Sections 214 and 310(d) of the Communications Act of 1934, as amended, and the Cable Landing Licensing Act of 1921, and Sections 1.767, 1.948, 25.119 and 63.24 of the Commission's Rules relating to AST's transfer of control and assignment of Commission authorizations. The Consent Decree also terminates the investigation by the Bureau of AST's compliance with section 1.65 of the Commission's rules relating to the continuing accuracy and completeness of information furnished to the Commission. 2. The Bureau and AST have negotiated the terms of