FCC Web Documents citing 25.156

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

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  • Space Station Licensing Reform Order. 11. We note, however, that if the new satellite licensing rules go into effect during the 14-day time frame, the application of the new rules could invalidate the Bureau's decision here to affirm the opportunity of current licensees to apply for Ka-band orbital locations first, before new applications are considered. Therefore, we waive Sections 25.155, 25.156, and 25.158 of the Commission's rules, on our own motion, to the extent necessary to allow this limited opportunity for Ka-band reassignments. Waiver is appropriate if special circumstances warrant a deviation from the general rules, and such deviation would better serve the pubic interest than strict adherence to the general rule. We find that giving existing licensees the opportunity to
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  • at 1-800-418-3676 (outside Washington, D.C.) or (202) 418-3676 (in the Washington D.C. area). Copies of the FCC Form 159 can also be obtained via the Internet (http://www.fcc.gov/formpage.html) or by calling the Commission's Fax-On-Demand at (202) 418-2830. 47 C.F.R. � 1.2109(a). 47 C.F.R. �� 1.2104(g), 1.2109(c). 47 C.F.R. � 1.2109(b). 47 C.F.R. � 1.2109(a). Id. Id. 47 C.F.R. �� 25.150 - 25.156 (applications will be granted if the Commission finds that the applicant is legally, technically and otherwise qualified). 47 C.F.R. �� 1.2104(g)(2), 1.2109(c). 47 C.F.R. � 1.2109(c). 47 C.F.R. � 1.2109(d). Policies and Rules for the Direct Broadcast Satellite Service, Report and Order, 17 FCC Rcd 11331 � 35 (2002). See Amendment of the Commission's Space Station Licensing Rules and Policies,
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  • satellite licensing process to ensure that satellite spectrum and orbital resources will be used efficiently, to the benefit of American consumers. In revising the satellite licensing rules, the Commission adopted a ``first-come, first-served'' procedure for GSO-like systems. Pursuant to Section 25.158(b)(3), a GSO-like satellite license application will be granted only if the applicant meets the standards set forth in Section 25.156(a), and the proposed satellite will not cause harmful interference to a previously licensed satellite. Pursuant to Section 25.156(a), the Commission will grant GSO-like applications if the Commission finds that the applicant is legally, technically and otherwise qualified, that the proposed facilities and operations comply with all applicable rules, regulations, and policies, and that grant of the application will serve the
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  • satellite licensing process to ensure that satellite spectrum and orbital resources will be used efficiently, to the benefit of American consumers. In revising the satellite licensing rules, the Commission adopted a ``first-come, first-served'' procedure for GSO-like systems. Pursuant to Section 25.158(b)(3), a GSO-like satellite license application will be granted only if the applicant meets the standards set forth in Section 25.156(a), and the proposed satellite will not cause harmful interference to a previously licensed satellite. Pursuant to Section 25.156(a), the Commission will grant GSO-like applications if the Commission finds that the applicant is legally, technically and otherwise qualified, that the proposed facilities and operations comply with all applicable rules, regulations, and policies, and that grant of the application will serve the
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  • satellite licensing process to ensure that satellite spectrum and orbital resources will be used efficiently, to the benefit of American consumers. In revising the satellite licensing rules, the Commission adopted a ``first-come, first-served'' procedure for GSO-like systems. Pursuant to Section 25.158(b)(3), a GSO-like satellite license application will be granted only if the applicant meets the standards set forth in Section 25.156(a), and the proposed satellite will not cause harmful interference to a previously licensed satellite. Pursuant to Section 25.156(a), the Commission will grant GSO-like applications if the Commission finds that the applicant is legally, technically and otherwise qualified, that the proposed facilities and operations comply with all applicable rules, regulations, and policies, and that grant of the application will serve the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3164A1_Erratum.doc
  • satellite licensing process to ensure that satellite spectrum and orbital resources will be used efficiently, to the benefit of American consumers. In revising the satellite licensing rules, the Commission adopted a ``first-come, first-served'' procedure for GSO-like systems. Pursuant to Section 25.158(b)(3), a GSO-like satellite license application will be granted only if the applicant meets the standards set forth in Section 25.156(a), and the proposed satellite will not cause harmful interference to a previously licensed satellite. Pursuant to Section 25.156(a), the Commission will grant GSO-like applications if the Commission finds that the applicant is legally, technically and otherwise qualified, that the proposed facilities and operations comply with all applicable rules, regulations, and policies, and that grant of the application will serve the
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  • addition, we deny a petition for clarification of the First Space Station Reform Order filed by Space Imaging, in that we disagree with Space Imaging's argument that the Commission's definition of "NGSO-like" does not apply to EESS. Based on the reasoning in Space Imaging's petition for clarification, however, we waive the modified processing round procedure for considering NGSO-like applications, Sections 25.156 and 25.157 of the Commission's Rules, and consider Space Imaging's application pursuant to the first-come, first-served procedure adopted in the First Space Station Licensing Reform Order. By this action, we further the goals of the First Space Station Reform Order to develop faster satellite licensing procedures, thereby expediting service to the public. Background Petition for Clarification In its First Space
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  • degrees; (4) place the WorldView 110A satellite in orbit at an initial phase angle of 0�; and (5) place the WorldView 110B satellite in orbit at an initial phase angle of 180�. We placed DigitalGlobe's application on public notice. No comments were filed. DiscussioN Processing Procedure DigitalGlobe seeks a waiver of the modified processing round requirement, set forth in Sections 25.156 and 25.157 of the Commission's rules, 47 C.F.R. � 25.156 and 25.157, and requests that we process its application pursuant to the first-come first serve, procedure adopted for GSO-like satellite systems. To accommodate multiple NGSO systems, which generally cannot operate on shared spectrum, the modified processing round procedure employs frequency band segmentation to assign spectrum among operators. DigitalGlobe argues that
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  • the Part 100 Report and Order contemplated reduced spacings. Thus, if an applicant can coordinate its proposal with other U.S. DBS operators and secure agreement with other operators already having assignments in the Region 2 Plans or with prior requests for Plan modifications, we believe our rules allow us to consider these applications prior to completing the rulemaking proceeding. Section 25.156(d)(6) of the Commission's rules provides that a DBS application is entitled to comparative consideration with one or more conflicting applications if they are mutually exclusive and the application was filed by the ``cut-off'' date specified in a public notice. In this case, no cut-off date was ever established and no other applications or petitions for a DBS satellite at 114.5�
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  • Report and Order contemplated reduced spacings. Thus, if an applicant can coordinate its proposal with other U.S. DBS operators and secure agreement with U.S. or any other operators already having assignments in the Region 2 Plans or with prior requests for Plan modifications, we believe our rules allow us to consider these applications prior to completing the rulemaking proceeding. Section 25.156(d)(6) of the Commission's rules provides that a DBS application is entitled to comparative consideration with one or more conflicting applications if they are mutually exclusive and the application was filed by the ``cut-off'' date specified in a public notice. In this case, no cut-off date was ever established and no other applications or petitions for a DBS satellite at 86.5�
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  • operate only at high elevation angles as viewed from Virtual Geo earth stations. These high elevation angles allow sharing with FS antennas, while an angular separation of greater than 40 degrees from the equator also allows for geographical separation from the GSO FSS orbit. For these reasons, we find that waiver of the Commission's satellite application processing rules in Section 25.156(d)(5) is warranted. In light of these facts, we grant waiver to allow Virtual Geo authority to operate in the requested C-band frequency segments on an unprotected, non-harmful interference basis relative to the FS, MS and GSO FSS services. Virtual Geo shall not cause harmful interference to, nor claim protection from, authorized FS, MS, and GSO FSS stations in C-band frequencies
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  • 1491.7 MHz, and an allocated bandwidth of 500 kHz, transmitted using right-hand circular polarization, and to operate its telecommand links with center frequencies of 7073 and 7074 MHz and an allocated bandwidth of 1 MHz. IT IS FURTHER ORDERED that, pursuant to Section 1.3 of the Commission's rules, 47 C.F.R. � 1.3, AfriSpace, Inc. IS GRANTED a waiver of Sections 25.156 and 25.157 of the Commission's rules, 47 C.F.R. �� 25.156, 25.157, to the extent necessary to enable the Bureau to consider its AfriStar-2 application on a first-come, first-served basis as set forth in Section 25.158 of the Commission's rules, 47. C.F.R.� 25.158. IT IS FURTHER ORDERED that, pursuant to Section 1.3 of the Commission's rules, 47 C.F.R. � 1.3, AfriSpace,
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  • FSS operations). EchoStar Petition, at 9. 47 C.F.R. � 25.111. 47 C.F.R. � 25.112(a)(1). EchoStar Satellite LLC, Order on Reconsideration, 19 FCC Rcd 24953, 24958 (Int'l Bur. 2004). Public Notice, International Bureau, Satellite Division Information: Clarification of 47 C.F.R � 25.140(B)(2), Space Station Application Interference Analysis, 18 FCC Rcd 25099 (Int'l Bur. 2003). EchoStar Petition, at 10. 47 C.F.R. � 25.156(a). (continued....) Federal Communications Commission DA 06-865 Federal Communications Commission DA 06-865 �@��� ) * ( ) * k p x � ` � � h� h�B h�P h�? h�? h�? h�? h�? h�? h�P � � �@��� � @& D 0 � � �? �B �P � �
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  • filed application and will lose its status relative to applications already in the processing queue. See 17/24 GHz BSS Reconsideration Order 22 FCC Rcd at17964 n. 73 (citing 47 C.F.R. � 25.116(d)); International Bureau Establishes Deadline for Amendments to Pending 17/24 GHz BSS Applications, Public Notice, Report No. SPB-223, DA 07-4895, n. 10 (rel. Dec. 5, 2007). 47 C.F.R. �� 25.156, 25.158. EchoStar Satellite, LLC, Order, DA 05-1955 (rel. July 6, 2005) (denying an application that would conflict with a previously licensed space station). 17/24 GHz BSS Report and Order, Appendix F also found at 17/24 GHz BSS Reconsideration Order, 22 FCC Rcd at 17972, Appendix B. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media
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  • regarding Commission policies relating to Section 25.158(c) (prohibition on transfer of place in application queue) and Section 25.165 (bond requirement). III. DISCUSSION In the 17/24 GHz BSS Report and Order, the Commission adopted the ``first-come, first-served'' procedure for 17/24 GHz BSS applications. Under this approach, an application will be granted if the applicant meets the standards set forth in Section 25.156(a), and if the proposed space station will not cause harmful interference to a previously licensed space station, or to a space station proposed in a previously filed application. The standards in Section 25.156(a) measure whether the applicant is legally, technically and otherwise qualified, and whether the proposed facilities and operations comply with all applicable rules, regulations, and policies, and, in
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  • a "clarification" regarding Commission policies relating to Section 25.158(c) (prohibition on transfer of place in application queue) and Section 25.165 (bond requirement).12 III. DISCUSSION 6. In the 17/24 GHz BSS Report and Order,the Commission adoptedthe "first-come, first- served" procedure for 17/24 GHz BSSapplications.13Under this approach, an application will be granted if the applicant meets the standards set forth in Section 25.156(a), and if the proposed space station will not cause harmful interference to a previously licensed space station, or to a space station proposed in a previously filed application.14The standards in Section 25.156(a) measure whether the applicant is legally, technically and otherwise qualified, and whether the proposed facilities and operations comply with all applicable rules, regulations, and policies, and, in light
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  • complete, the application will be accepted for filing and placed on public notice. If the application is not substantially complete, the application may be dismissed. For applications that have been accepted for filing under the first-come, first-served approach, an application may be granted, after the public comment period has expired, if the applicant meets the standards set forth in Section 25.156(a), and if the proposed space station will not cause harmful interference to a previously licensed space station, or to a space station proposed in a previously filed application. The standards in Section 25.156(a) measure whether the applicant is legally, technically and otherwise qualified, and whether the proposed facilities and operations comply with all applicable rules, regulations and policies, and, in
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  • be substantially complete, the application will be accepted for filing and placed on public notice.23If the application is not substantially complete, the application may be dismissed.24 8.For applications that have beenaccepted for filing under the first-come, first-served approach, an application may be granted, after the public comment period has expired, if the applicant meets the standards set forth in Section 25.156(a), and if the proposed space station will not cause harmful interference to a previously licensed space station, or to a space station proposed in a previously filed application.25The standards in Section 25.156(a) measure whether the applicant is legally, technically and otherwise qualified, and whether the proposed facilities and operations comply with all applicable rules, regulations and policies, and, in light
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  • Basis Primary Basis Primary Basis Secondary Basis Primary Basis Primary Basis Non-harmful Interference Basis To implement the proposed system, as amended, Northrop Grumman requests several waivers of Commission rules. These include: (1) a contingent partial waiver of the Commission's bond requirement to permit it to post a single NGSO bond to cover the entire system; (2) a waiver of Section 25.156(d)(3) to allow the Commission to consider both the NGSO and GSO components concurrently and the V-band and Ka-band components concurrently; (3) a waiver of Section 25.202(g) to place its on-orbit TT&C links in the Ka-band rather than in both Ka- and V-band; (4) a waiver of Section 25.140(b)(2), to the extent necessary, to allow increased-power operations in the 18.8-19.3 GHz
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  • Telecommunications, Chairman's Note, Market Access Limitations on Spectrum Availability, 36 I.L.M. at 372. 47 C.F.R. � 25.137(c) (``[A] non-U.S.-licensed GSO-like satellite system seeking to serve the United States can have its request placed in a queue pursuant to � 25.158 and considered before later filed applications of other U.S. satellite system operators . . . .''). See 47 C.F.R. � 25.156(a). 47 C.F.R. � 25.158. EchoStar Satellite, LLC, Order, DA 05-1955 (rel. July 6, 2005) (denying an application that would conflict with a previously licensed space station). Intelsat is authorized to operate Galaxy 28 (Call Sign S2160) in the 29.5-30.0 GHz and 19.7-20.2 GHz bands. Intelsat License LLC, Grant of Authority, IBFS File Nos. SAT-MOD-20050203-00019; SAT-MOD-20050422-00089 (June 17, 2005). Intelsat has
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  • on Basic Telecommunications, Chairman'sNote, Market Access Limitations on Spectrum Availability, 36 I.L.M. at 372. 3847 C.F.R. � 25.137(c) ("[A] non-U.S.-licensed GSO-like satellite system seeking to serve the United States can have its request placed in a queue pursuant to � 25.158 and considered before later filed applications of other U.S. satellite system operators . . . ."). 39See47 C.F.R. � 25.156(a). 4047 C.F.R. � 25.158. EchoStar Satellite, LLC, Order, DA 05-1955 (rel. July 6, 2005) (denying an application that would conflict with a previously licensed space station). 41Intelsat is authorized to operate Galaxy 28 (Call Sign S2160) in the 29.5-30.0 GHz and 19.7-20.2 GHz bands. (continued...) 8526 Federal Communications Commission DA 11-1067 satellite is operating at the 92.85� W.L. orbital location
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  • Report and Order); Order on Reconsideration, 22 FCC Rcd 17951 (2007) (17/24 GHz BSS Order on Reconsideration). 17/24 GHz BSS Report and Order, 22 FCC Rcd at 8847, � 8. Under this framework, we consider applications in the order in which they are filed and will grant an application if the applicant meets basic qualification standards set forth in Section 25.156(a), and if the proposed space station will not cause harmful interference to a previously licensed space station. 47 C.F.R. �� 25.156(a), 25.158(b)(3)(ii). In this service, offset means that the satellite is not operating at the precise Appendix F location. For example, DIRECTV proposed to operate its space station at 102.825� W.L. - i.e., offset by .175 degrees from the 103.0�
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  • 14 10 12 FederalCommunicationsCommission DA97-2191 music.15Itproposestooffertheseservicesasaprivatesatelliteoperator,providingneithercommon carriernorbroadcastservice.16 7. Sinceplacingthehighestbidintheauction.CDRadiohastiledseveraldocuments reflectingchangesinitsownershipstructure.InMay1997.itsoughtandwasgrantedanexemption fromtheCommission'scut-offrulethatallowedittoissueadditionalstock.17InAugust1997,CD Radioobtainedfinancingfromitssatellitevendor,Loral,whichinvolvedpurchasebyLoralofa blockofstockinCDRadio'scorporateparent,CDRadio,Inc.OnSeptember9.1997,CDRadio filedanupdatedform430reflectingthesechangesandstatedthatitsoonexpectstoimplementthe publicofferingandshareconversionforwhichithadreceivedearlierapproval.18Accordingtoits latestfiling,approximately32percentofCDRadioInc.,theparentofCDRadio,iscurrentlyowned bynon-U.S.citizens.CDRadiostatesthat,aftercompletionofitspublicofferingandconversionof preferredsharestocommonstock,thepercentageofforeignownership willdeclinetoapproximately 15.5percent. 8. Severalpetitionershavefiledpetitionstodenyandrelatedcommentsinresponseto CDRadio'sapplication.Manyoftheissuesraisedbypetitionerswereaddressedandresolvedinthe SDARSOrder.Aftertheauction,Primosphere,anunsuccessfulsatelliteDARSapplicant,petitioned theCommissiontodenyCDRadio'sapplicationbecause,accordingtoPrimosphere,itdoesnot complywiththeforeignownershiprestrictionsofSection31O(b)oftheCommunicationsAct. Moreover,onSeptember8,1997,Primospherefiledapleading,describedasa"supplement"toits earlierfiledReply,19whichallegedinformationthatreflectsonMr.Friedland'scharacterand"fitness 15 Id. 16 Amendmentat5.SeealsoCompendiumofApplicationsandRestatementofRulemakingPetition. 49/50-DDS-P/LA-90,58/59-DDS-AMEND-90(1992)("Compendium")at73. 17 18 19 SeealsoIntheMatterofSatelliteCDRadio.Inc.RequestforDeclaratoryRuli17gforFurtherExemption Pursuantto47C.F.R25.Jl6(c)(2),DA97-1327(releasedJune26,1997),wheretheInternational BureaufounditinthepublicinteresttoconditionallygrantCDRadio'srequestforfurtherexemptionin ordertopermitCDRadiotomakeapublicofferingofupto15millionsharesofcommonstockand completetheconversionofitsdelayedpreferredsharesintovotingstockforthedevelopmentofits SDARSsystem. SeeLetterfromCarlR.FranktoWilliamCatondatedSeptemQer9,1997("UpdatedAmendment"), SupplementofPrimosphereLimitedPartnershiptoReplytoOppositiontoPetitiontoDeny.FileNo. 71-SAT-AMEND-97(September8.1997)("Supplement"). 7974 FederalCommunicationsCommission DA97-2191 tobeanFCC IngrantingCDRadio'slicense,wedenyallpetitionsfiledagainstCD Radio'sapplication. Discussion 9. PetitionersarguethatCDRadioisnotlegallyandtechnicallyqualifiedunderSection 31O(b)oftheCommunicationsActtoholdasatelliteDARSauthorization.21Asdiscussedbelow,we disagree.Specifically,weconcludethatCDRadio'sapplicationisnotinconsistentwiththeforeign ownershiprestrictionsofSection31O(b).WealsoconcludethatCDRadiocomplieswithall technicalandotherrequirementsoftheservicerulesadoptedintheSDARS Order.22 10. Section25.156outlinesthestandardofreviewtheCommissionusesforgrantingan authorization.23 ItprovidesthatauthorizationswillbegrantediftheCommissionfindsthatthe applicantislegally,technically,andotherwisequalifiedandgrantofthe willservethe publicinterest,convenience,andnecessity.24 (1) LegalQualifications. (a) AlienOwnership. 11. Initspetitiontodeny,PrimospherearguesthatCDRadiodoesnotcomplywiththe foreignownershiprestrictionsofSection31O(b)oftheCommunicationsAct.25Primospheremade theseargumentsbeforeCDRadio'slatestownershipfilingthatreflectsforeignownershipof approximatelythirtytwopercent.26Evenbeforethefilingwasmade,Primospherestatedthatthe foreignownershiplistedinCDRadio'sExhibitIXtoitsamendedapplicationamouiltedto20:244 :0 "I 23 See47C.F.R.�73.4280. SeePrimospherePetitiontoDeny(.1997)at3.Seealso47U.S.C.�310(b)(4). SeeSDARSOrder. See47C.F.R.�25.156. fd. PrimospherePetitiontoDeny(1997)at 1.PrimospherePetition(1992)at 1. SeeUpdatedAmendment. 7975 FederalCommunicationsCommission DA97-2191 percent,27butthatitshould,infact,beconsideredgreaterthanthatamount.ItassertsthatoneofCD Radio'slistedshareholders,DarleneFriedland.owns 27.483percentofCDRadio'svotingstock. Primospherecontendsthat.althoughMs.FriedlandislistedasaU.S.citizen,it"believes"thather husbandisaCanadiancitizenandthatMs.Friedlandisholdingjointownershipwithherspousein ordertoavoidnoncompliancewiththeCommunicationsAct'salienownershipprovisions.28 12. Primospherealsoclaimsthat.inreportsfiledwiththeSecuritiesExchange Commission("SEC")onMarch 27,1996,CDRadiostatedthatthecompanyborrowed"Canadian $2,292,955"fromanunidentifiedshareholderofthecompanyandlaterissuedapromissorynoteto thatshareholderevidencingtheloan,whichnotetheshareholderassigned"toarelative"who accepted60,000sharesofthecompany"sstockaspaymentforthenote.29Primosphere"believes" thattheunidentifiedshareholderisMr.Friedland,aCanadiancitizen,andthattheassignee"relative" ishiswife,DarleneFriedland.30Additionally,Primospheresuggeststhattheamountofforeign ownershipofCDRadiocouldbegreaterbecauseCDRadiofailedtoconductandreflectanysurvey ofthecitizenshipofthecompany'spublicshareholders.31Ataminimum.Primosphererequeststhe .CommissiontoinquirefurtherintoCDRadio'sforeignownershipandthenatureofMs.Friedland's interest.32 13. Primospherecontendsthatthequestionofwhetherforeignownershiprestrictions applytonon-commoncarrierornon-broadcastservicesisstillopen.33Itindicatesthat,inajoint letterfromtheStateDepartment,theDepartmentofCommerce,andtheU.S.TradeRepresentative, theseagenciesrequestedafullCommissionreviewofforeignownershipofdirectbroadcastsatellite service("DBS")licenses.34TheletterwaswritteninresponsetotheInternationalBureau's 27 28 29 30 32
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  • language of this rule is not changed. Also, references to Section 25.149 in paragraphs 350, 351, and 352 of the First Report and Order and Further Notice of Proposed Rulemaking, and in Section 25.137(d)(4) in Appendix B, are replaced with references to Section 25.165. In Appendix B of the First Report and Order and Further Notice of Proposed Rulemaking, Section 25.156(d)(4) is corrected to read as follows: (4) Applications for feeder link authority or intersatellite link authority will be treated like an application separate from its associated service band. Each feeder link request or intersatellite link request will be considered pursuant to the procedure for GSO-like service or NGSO-like service, as applicable. FEDERAL COMMUNICATIONS COMMISSION Thomas S. Tycz Chief, Satellite Division
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  • GHz bands, and will utilize 3000 MHz of V-band spectrum in each direction using the 37.5-42.0 GHz and 47.2-50.2 GHz bands. NGST also requests several waivers, including: 1) a contingent partial waiver of the Commission's performance bond requirement to permit the posting of a single NGSO bond to cover the hybrid Ka-band/ V-band NGSO system; 2) a waiver of Section 25.156 (d) (3) to allow both the Ka-band and V-band portions of its NGSO satellite proposal, as well as the GSO and NGSO components of its system, to be considered and acted upon contemporaneously; 3) contingent waivers of Section 25.202 (g) to allow transfer-orbit and emergency-mode on-orbit TT&C links in 4/6 GHz ("C Band") FSS frequencies, rather than at the band
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  • two on-ground spare satellites to operate in the EESS allocation within the 8025 - 8400 MHz band (X-band). In addition, DigitalGlobe seeks authority to expand the bandwidth currently used by its Quickbird 1 satellite in order to operate in the entire spectrum band allocated for EESS space-to-earth transmissions, i.e., 8025 to 8400 MHz. DigitalGlobe also requests a waiver of Sections 25.156 and 25.157 of the Commission's rules, which requires the Commission to process DigitalGlobe's application in accordance with the processing round procedure used generally for NGSO satellite systems. Instead, DigitalGlobe asks us to process its application under the first-come first-served procedure used for satellites operating in geostationary-satellite-like orbits. This Public Notice is without prejudice to Commission action on Space Imaging LLC's
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  • System (NGSO) in the Earth Exploration Satellite Service (EESS) under which ORBIMAGE currently operates a single NGSO satellite. (See File No. SAT-LOA-19980203-00012; Call Sign S2348.) ORBIMAGE seeks authority to add an additional satellite, OrbView-5, to its authorization. OrbView-5 will operate in the 8025-8400 MHz and 2025-2110 MHz frequency bands. In addition, ORBIMAGE seeks a waiver of those portions of Sections 25.156 and 15.157 of the Commission's rules as are necessary to permit this application to proceed without initiating a processing round. This Public Notice is without prejudice to Commission action on this waiver request. Further, we are not, at this time, opening a processing round for applications to be considered concurrently with ORBIMAGE's request. S2132 SAT-MOD-20050513-00100E Modification 05/13/2005 15:07:02:66300 Date Filed:
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  • 25.202(g), to use the upper band edge of the 3700-4200 MHz (space-to-Earth) frequency band for emergency TT&C, and launch and early orbit phase transmissions. Intelsat also seeks a waiver of 47 C.F.R. � 25.114(b) as it pertains to information required by 47 C.F.R. �� 25.114(c)(4)(i), 25.114(c)(4)(iii), 25.114(d)(3), 25.114(d)(5) and 25.114(c)(8). Intelsat withdraws its request for waiver of 47 C.F.R. � 25.156(a), made in its initial application, based on the Commission's finding that Intelsat complies with the Orbit Act. See related File Nos. SAT-LOA-20050210-00028, SAT-AMD-20051118-00241, SAT-AMD-20080114-00011 and SAT-AMD-20080617-00126. S2660 SAT-AMD-20080701-00135 E Amendment 07/01/2008 09:03:33:40600 Date Filed: Intelsat North America LLC Page 7 of 10 Intelsat North America LLC (Intelsat) requests authority to construct, launch, and operate a 17/24 GHz Broadcasting Satellite Service
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  • to use the upper band edge of the 3700-4200 MHz (space-to-Earth) frequency band for emergency TT&C, and launch and early orbit phase transmissions. Intelsat also seeks a waiver of 47 C.F.R. � 25.114(b) as it pertains to information required by 47 C.F.R. �� 25.114(c)(4)(i), 25.114(c)(4)(iii), 25.114(d)(3), 25.114(d)(5) and 25.114(c)(8). Intelsat also withdraws its request for waiver of 47 C.F.R. � 25.156(a), made in its initial application, based on the Commission's finding that Intelsat complies with the Orbit Act. S2242 SAT-LOA-19970605-00049 DIRECTV ENTERPRISES, INC. Report No. SAT-00535, rel. July 3, 2008, inadvertently failed to separately list File No. SAT-LOA-19970605-00049 as accepted for filing along with the other applications related to Call Sign: S2242. S2244 SAT-LOA-19970605-00051 DIRECTV ENTERPRISES, LLC Report No. SAT-00535, rel.
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  • and 47.2-50.2 GHz (Earth-to-space) frequency bands. Hughes seeks a waiver of Section 2.106, Footnote NG165, of the Commission's rules to permit GSO FSS operations in the 18.8-19.3 GHz bands on a non-harmful interference basis. Hughes states that operations in the 28.6-29.1 GHz bands will be on a secondary basis. Hughes also seeks waivers, to the extent necessary, of Sections 25.114(c)(4)(iii), 25.156(d)(3) and 25.202(g) of the Commission's rules. S2849 SAT-LOI-20111220-00242 E Letter of Intent 12/20/2011 10:24:27:89000 Date Filed: Hughes Network Systems, LLC Hughes Network Systems, LLC, filed a Letter of Intent seeking access to the U.S. market using a planned Ka/V-band geostationary-satellite orbit space station, Jupiter 91W, which Hughes states will operate under the authority of the United Kingdom at the 90.9�
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  • Skybox Imaging, Inc. requests authority to launch and operate two non-geostationary-orbit remote-sensing satellites that would transmit high-resolution images to fixed earth stations in the 8025-8400 MHz frequency band, transmit telemetry signals in 256 kHz channels centered on 8375 and 8380 MHz, and receive telecommand signals in 110 kHz channels centered on 2081 and 2083 MHz. Skybox requests waivers of Sections 25.156, 25.157, and 25.217(b) of the Commission's rules. S2844 SAT-STA-20120315-00049 E Special Temporary Authority 03/15/2012 19:55:11:11600 Date Filed: EchoStar Satellite Operating Corporation EchoStar Satellite Operating Corporation requests special temporary authority for 60 days to conduct orbit-raising maneuvers and in-orbit testing of the EchoStar 16 space station at the 67.1� W.L. orbital location in the 12.2-12.7 GHz (space-to-Earth) and 17.3-17.8 GHz (Earth-to-space)
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  • � 0.445(e). Dismissal Order, 11 FCC Rcd at 8154 (para. 10). See EchoStar Opposition at 8 n.10. Furthermore, the Commission has authority under the Communications Act and the Commission's rules to dismiss license applications that do not serve the public interest, convenience, and necessity. Sections 309(a), 4(i), and 4(j) of the Communications Act, 47 C.F.R. �� 309(a), 154(i), 154(j); Section 25.156(a) of the Commission's rules, 47 C.F.R. � 25.156(a). For the reasons set forth in the Dismissal Order and the Reconsideration Order and summarized in this paragraph, the Bureau reasonably concluded that granting earth station applications filed before the associated space stations have been authorized would not serve the public interest, convenience, and necessity. Dismissal Order, 11 FCC Rcd at 8154
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  • will be entitled to comparative consideration with one or more conflicting applications only if: (1) The application is mutually exclusive with another GSO-like space station application; and (2) The application is received by the Commission in a condition acceptable for filing at the same millisecond as another GSO-like space station application with which it is mutually exclusive. 22. Amend � 25.156 by adding paragraph (d) to read as follows: � 25.156 Consideration of applications. * * * * * (d)(1) Applications for NGSO-like satellite systems will be considered pursuant to the procedures set forth in Section 25.157 of this part. (2) Applications for GSO-like satellite systems will be considered pursuant to the procedures set forth in Section 25.158 of this part.
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  • will be entitled to comparative consideration with one or more conflicting applications only if: (1) The application is mutually exclusive with another GSO-like space station application; and (2) The application is received by the Commission in a condition acceptable for filing at the same millisecond as another GSO-like space station application with which it is mutually exclusive. 22. Amend � 25.156 by adding paragraph (d) to read as follows: � 25.156 Consideration of applications. * * * * * (d)(1) Applications for NGSO-like satellite systems will be considered pursuant to the procedures set forth in Section 25.157 of this part. (2) Applications for GSO-like satellite systems will be considered pursuant to the procedures set forth in Section 25.158 of this part.
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  • D.C. Circuit, however, we cannot conduct an auction to award DBS licenses unless we change our current policy that permits DBS licensees to provide both domestic and international services. Consequently, we cannot now use the auction filing requirements. Nevertheless, residual application filing requirements exist for DBS applications - i.e., the general application filing requirements set forth in Sections 25.114 and 25.156 of the Commission's rules. In 2002, when the Commission merged the Part 100 rules governing DBS into Part 25, these sections became applicable on their face to DBS and can consequently be used for any DBS space station authorization application that was not covered by a more specific filing procedure. Thus, for DBS applications that specified operations at locations other
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  • considered before later filed applications of other U.S. satellite system operators . . . .''). Under this licensing queue, originally adopted in the Space Station Reform Order in 2003, an application that is not otherwise defective and has been placed on public notice as accepted for filing will be granted if the application meets the standards set forth in Section 25.156(a), and if the proposed space station will not cause harmful interference to a previously licensed space station, or to a space station proposed in a previously filed application. The standards in Section 25.156(a) measure whether the applicant is legally, technically and otherwise qualified, and whether the proposed facilities and operations comply with all applicable rules, regulations, and policies, and, in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-188A1_Rcd.pdf
  • and considered before later filed applications of other U.S. satellite system operators . . . ."). Under this licensing queue, originally adopted in the Space Station Reform Orderin 2003, an application that is not otherwise defective and has been placed on public notice as accepted for filing will be granted if the application meets the standards set forth in Section 25.156(a), and if the proposed space station will not cause harmful interference to a previously licensed space station, or to a space station proposed in a previously filed application. The standards in Section 25.156(a) measure whether the applicant is legally, technically and otherwise qualified, and whether the proposed facilities and operations comply with all applicable rules, regulations, and policies, and, in
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  • Streamlining Fifth Report and Order). For instance, we propose to delete definitions for ``active satellite'' and ``passive satellite.'' 47 C.F.R. � 25.110(c). See 47 C.F.R. �� 25.134(d), 25.115(a)(1). See, e.g., proposed revisions to 47 C.F.R. �� 25.110(c); 25.113(a); 25.134(d) and (h); 25.143(e)(1)(iii); 25.146; 25.150; 25.210(d) and (f); 25.212; 25.272(a); 25.274(b); and 25.276(c) in Appendix A. See, e.g., 47 C.F.R. �� 25.156(d)(4) (use of the term ``feeder link''), 25.133 (use of the term ``mobile earth terminal''), 25.136 (use of the term ``1.5/1.6 Mobile Satellite Service''). See proposed revisions to definitions of ``fixed earth station,'' ``Fixed Satellite Service,'' ``Mobile Satellite Service,'' ``power spectral density,'' ``power flux density,'' ``protection areas,'' and ``routine processing or licensing'' in Appendix A. See proposed revisions to 47 C.F.R.
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  • Streamlining Fifth Report and Order). 6For instance, we propose to delete definitions for "active satellite" and "passive satellite." 747 C.F.R. � 25.110(c). 8 See47 C.F.R. �� 25.134(d), 25.115(a)(1). 9See, e.g., proposed revisions to 47 C.F.R. �� 25.110(c); 25.113(a); 25.134(d) and (h); 25.143(e)(1)(iii); 25.146; 25.150; 25.210(d) and (f); 25.212; 25.272(a); 25.274(b); and 25.276(c) in Appendix A. 10See, e.g., 47 C.F.R. �� 25.156(d)(4) (use of the term "feeder link"), 25.133 (use of the term "mobile earth terminal"), 25.136 (use of the term "1.5/1.6 Mobile Satellite Service"). 1552 Federal Communications Commission FCC 10-21 comment onproposed language that will clarify a number of definitions currently in Section 25.201.11We also propose revisions to clarify the rules for non-routine earth station applications and other applications.12Finally, we propose
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  • 2-3; APPA Group Comments at 17-18; Cablevision Comments at 11; Cox Comments at 6-7; Discovery Comments at 15; MAP Comments at 2 n. 6, 8; Ovation Comments at 3; Starz Comments at 5-8; US Telecom Comments at 9-10; Reply of HDNet LLC at 2; Public Knowledge Reply at 2; see also Petition at 34. See, e.g., 47 C.F.R. �� 25.102, 25.156, 25.160, 78.11 et seq.; 47 U.S.C. �� 301, 308(b), 309. 47 C.F.R. � 76.65(b)(2). Good Faith Order, 15 FCC Rcd at 5458, � 32. See id. See, e.g., ACA Comments at 20 (``It is within the Commission's authority to conclude that the price discrimination faced by smaller operators today is not based on `competitive marketplace considerations,' and to impose regulations
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  • Licensing provisions for the non-voice, non-geostationary mobile-satellite service. 25.143 Licensing provisions for the 1.6/2.4 GHz mobile-satellite service. 25.144 Licensing provisions for the 2.3 GHz satellite digital audio radio service. PROCESSING OF APPLICATIONS 25.150 Receipt of applications. 25.151 Public notice period. 25.152 Dismissal and return of applications. 25.153 Repetitious applications. 25.154 Opposition to applications and other pleadings. 25.155 Mutually exclusive applications. 25.156 Consideration of applications. FORFEITURE, TERMINATION, AND REINSTATEMENT OF STATION AUTHORIZATION 25.160 Administrative sanctions. 25.161 Automatic termination of station authorization. 25.162 Cause for termination of interference protection. 25.163 Reinstatement. Subpart C - Technical Standards 25.201 Definitions. 25.202 Frequencies, frequency tolerance and emission limitations. 25.203 Choice of sites and frequencies. 25.204 Power limits. 25.205 Minimum angle of antenna elevation. 25.206 Station identification.