FCC Web Documents citing 25.164

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

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  • First Space Station Reform Order and FNPRM, 18 FCC Rcd at 10825-27 (paras. 167-72). The bond amounts may be subject to revision in a pending rulemaking proceeding. First Space Station Reform Order and FNPRM, 18 FCC Rcd at 10882 (paras 333-35). First Space Station Reform Order and FNPRM, 18 FCC Rcd at 10827-28 (para. 174), 10900-01 (App. B, new Section 25.164). First Space Station Reform Order and FNPRM, 18 FCC Rcd at 10830-33 (paras. 181-93). First Space Station Reform Order and FNPRM, 18 FCC Rcd at 10826-27 (para. 172). First Space Station Reform Order and FNPRM, 18 FCC Rcd at 10826-27 (para. 172). First Space Station Reform Order and FNPRM, 18 FCC Rcd at 10826-27 (para. 172). PUBLIC NOTICE Federal Communications
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  • Nothing in the record before us raises any such concerns. E. Milestones In its First Space Station Licensing Reform Order, the Commission adopted generic milestone requirements covering various stages in the satellite procurement/licensing process from contract execution to launch and operation. Because of Estrela do Sul 1's construction status, we will impose only a launch milestone. As codified in Section 25.164(a), the launch milestone for GSO licensees follows the previous milestone-construction commenced--by two years. Consequently we will require LSdB to launch Estrela do Sul 1 by January 2006. We will remove the satellite from the Permitted List if it is not successfully launched by this date. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Sections 303(r), 308, 309, and
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  • 15 FCC Rcd 23486, 23487-8 (2000). Amendment of the Commission's Space Station Licensing Rules and Policies, First Report and Order and Further Notice of Proposed Rulemaking, IB Docket No. 02-34, 18 FCC Rcd 10760,10826 (para. 170) (2003) (``First Space Station Reform Order''). Id. Id. at 10826-27 (para. 172). Id. at 10875 (para. 309). Petition at 7. See 47 C.F.R. � 25.164(c). See, e.g., Joint Application for Review of Constellation Communications Holdings, Inc., Mobile Communications Holdings, Inc. and ICO Global Communications (Holdings) Limited, Memorandum Opinion and Order, FCC 04-131, (released. Jun 24, 2004) at para. 18. First Space Station Reform Order, 18 FCC Rcd at 10833 (para. 191). Star One April 22, 2004 Letter at unnumbered 2. In light of the Commission's
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  • Rcd 7694 (Int'l Bur. 2003), the text quoted in NetSat 28's application belongs to the 2000 decision and is not found within the 2003 decision. See PanAmSat Order, 16 FCC Rcd at 11543 (para. 25); AT&T Order, 2 FCC Rcd at 4435 (paras. 30-31); EarthWatch Order, 15 FCC Rcd at 18728 (para. 9). Compare 47 C.F.R. � 25.148 with � 25.164. See also Policies and Rules for the Direct Broadcast Satellite Service, Report and Order, 17 FCC Rcd 11331, 11354 n.166 (2002) (noting the current distinction between the totality of the circumstances standard applicable to DBS permittees and the strict milestone requirements applicable to FSS licensees). Id. Id. August 29 Modification Application at 53. See Section 1.3 of the Commission's rules,
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  • disposal orbit, all onboard sources of stored energy will be depleted or safely secured. F. Milestones 24. In the First Space Station Reform Order, the Commission noting that milestones are intended to ensure that licensees provide service to the public in a timely manner, to prevent warehousing of scarce orbit and spectrum resources codified its generic milestone policy in Section 25.164 of its Rules. Consistent with this, we require that EchoStar execute a binding contract for construction within one year of this grant, complete the Critical Design Review within two years, commence physical construction within three years, and launch and begin operations within five years. IV. CONCLUSION AND ORDERING CLAUSES 25. We find that granting EchoStar's application and associated waiver requests
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  • disposal orbit, all onboard sources of stored energy will be depleted or safely secured. F. Milestones 24. In the First Space Station Reform Order, the Commission noting that milestones are intended to ensure that licensees provide service to the public in a timely manner, to prevent warehousing of scarce orbit and spectrum resources, codified its generic milestone policy in Section 25.164 of its Rules. Consistent with this, we require that EchoStar execute a binding contract for construction within one year of this grant, complete the Critical Design Review within two years, commence physical construction within three years, and launch and begin operations within five years. CONCLUSION AND ORDERING CLAUSES 25. We find that granting EchoStar's application and associated waiver requests to
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  • disposal orbit, all onboard sources of stored energy will be depleted or safely secured. F. Milestones 25. In the First Space Station Reform Order, the Commission noting that milestones are intended to ensure that licensees provide service to the public in a timely manner, to prevent warehousing of scarce orbit and spectrum resources codified its generic milestone policy in Section 25.164 of its Rules. Consistent with this, we require that EchoStar execute a binding contract for construction within one year of this grant, complete the Critical Design Review within two years, commence physical construction within three years, and launch and begin operations within five years. IV. CONCLUSION AND ORDERING CLAUSES 26. We find that granting EchoStar's application and associated waiver requests,
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  • disposal orbit, all onboard sources of stored energy will be depleted or safely secured. F. Milestones 25. In the First Space Station Reform Order, the Commission noting that milestones are intended to ensure that licensees provide service to the public in a timely manner, to prevent warehousing of scarce orbit and spectrum resources codified its generic milestone policy in Section 25.164 of its Rules. Consistent with this, we require that EchoStar execute a binding contract for construction within one year of this grant, complete the Critical Design Review within two years, commence physical construction within three years, and launch and begin operations within five years. IV. CONCLUSION AND ORDERING CLAUSES 26. We find that granting EchoStar's application and associated waiver requests,
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  • upon licensees. Milestone schedules are designed to ensure that licensees are proceeding with construction and will launch their satellites in a timely manner, and that licensees unable or unwilling to proceed with their plans do not hold scare orbit-spectrum resources to the exclusion of other applicants. In the Space Station Licensing Reform Order, the Commission codified this policy in Section 25.164 of its rules. While we do not impose this full set of milestones on ``replacement'' satellites, we do so here given the additional frequencies we are authorizing. We will not, as MSV requests, find here that the ``replacement satellite'' milestone schedule will govern if MSV does not implement its additional frequencies. We will act only on the application before us,
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  • upon licensees. Milestone schedules are designed to ensure that licensees are proceeding with construction and will launch their satellites in a timely manner, and that licensees unable or unwilling to proceed with their plans do not hold scare orbit-spectrum resources to the exclusion of other applicants. In the Space Station Licensing Reform Order, the Commission codified this policy in Section 25.164 of its rules. While we do not impose this full set of milestones on ``replacement'' satellites, we do so here given the additional frequencies we are authorizing. We will not, as MSV requests, find here that the ``replacement satellite'' milestone schedule will govern if MSV does not implement its additional frequencies. We will act only on the application before us,
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  • ICO Global Communications (Operations) Limited, filed as Attachment 3 to Request for Confidential Treatment filed July 28, 2003 in IBFS File No. SAT-LOI-19970926-00163. Id. Since the ICO authorization was issued, the Commission's rules have changed, so that new authorizations will specify a milestone requiring a licensee to ``launch and operate'' the first satellite in the system. See 47 C.F.R. � 25.164(b). See AMSC Subsidiary Corp., DA 98-493, 13 FCC Rcd 12316 (Int'l Bur. 1998), citing earlier decisions. See, e.g., The Boeing Company, DA 03-2073, 18 FCC Rcd 12317 (Int'l Bur. 2003) (``Boeing Modification Order'') at �7; Sirius Satellite Radio Inc., DA 01-639, 16 FCC Rcd 5419 (Int'l Bur. 2001) at �4; GTE Spacenet Corp., DA 90-928, 5 FCC Rcd 4112 (CC
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  • ICO Global Communications (Operations) Limited, filed as Attachment 3 to Request for Confidential Treatment filed July 28, 2003 in IBFS File No. SAT-LOI-19970926-00163. Id. Since the ICO authorization was issued, the Commission's rules have changed, so that new authorizations will specify a milestone requiring a licensee to ``launch and operate'' the first satellite in the system. See 47 C.F.R. � 25.164(b). See AMSC Subsidiary Corp., DA 98-493, 13 FCC Rcd 12316 (Int'l Bur. 1998), citing earlier decisions. See, e.g., The Boeing Company, DA 03-2073, 18 FCC Rcd 12317 (Int'l Bur. 2003) (``Boeing Modification Order'') at �7; Sirius Satellite Radio Inc., DA 01-639, 16 FCC Rcd 5419 (Int'l Bur. 2001) at �4; GTE Spacenet Corp., DA 90-928, 5 FCC Rcd 4112 (CC
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  • three days of such occurrence(s) explaining the specific measures taken to mitigate the interference. D. Milestones 24. In the First Space Station Licensing Reform Order, the Commission, noting that milestones are intended to ensure that licensees provide service to the public in a timely manner and do not warehouse scarce orbit and spectrum resources, codified its milestone policy in Section 25.164 of its rules. Consistent with this, we require that Lockheed execute a binding contract for construction of its LM-RPS2 space station within one year of this grant, complete the Critical Design Review within two years, commence physical construction within three years, and launch and begin operations within five years. E. Bond Requirement 1. Background 25. In its First Space Station
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  • three days of such occurrence(s) explaining the specific measures taken to mitigate the interference. D. Milestones 24. In the First Space Station Licensing Reform Order, the Commission, noting that milestones are intended to ensure that licensees provide service to the public in a timely manner and do not warehouse scarce orbit and spectrum resources, codified its milestone policy in Section 25.164 of its rules. Consistent with this, we require that Lockheed execute a binding contract for construction of its LM-RPS2 space station within one year of this grant, complete the Critical Design Review within two years, commence physical construction within three years, and launch and begin operations within five years. E. Bond Requirement 1. Background 25. In its First Space Station
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  • interference. Accordingly, we grant this modification request, subject to the conditions set forth below. Milestones In the First Space Station Licensing Reform Order, the Commission, noting that milestones are intended to ensure that licensees provide service to the public in a timely manner and to prevent warehousing of scarce orbit and spectrum resources, codified its generic milestone policy in Section 25.164 of its rules. The Commission has previously imposed milestone schedules on EESS licensees that have applied for modifications to add new satellites to their existing remote-sensing system authorizations. Consistent with this precedent, we require DigitalGlobe to construct, launch and place its authorized satellites into operation in accordance with the technical parameters and terms and conditions of this authorization by the
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  • 10. EchoStar Blanket Earth Station Application, Narrative at 11, stating that (``Telesat has concluded a coordination agreement with Mexico regarding the operation of ANIK F3 at 118.7 W.L. and will operate the satellite in accordance with that coordination agreement.'') EchoStar Blanket Earth Station Application, Narrative at 11. First Space Station Licensing Reform Order at 10828 (para 175); 47 C.F.R. � 25.164(a), 25.137(d)(1). See EchoStar Application, IBFS File No. SES-LFS-20040831-01253, Technical Annex, A.11. Echostar 9 Meter Hub Earth Station Application, IBFS File No. SES-LIC-20050621-00799. Id. See 47 C.F.R. �� 25.134, 25.209, 25.211, and 25.212. 47 C.F.R. � 23.133(a). 2000 Biennial Regulatory Review -- Streamlining and Other Revisions of Part 25 of the Commission's Rules Governing the Licensing of, and Spectrum Usage by,
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  • 05-191 (rel. Nov. 10, 2005) and 47 C.F.R. Part 11. See, e.g., DBAC Order, 18 FCC Rcd 9455, 9469-70 at para. 39; Pegasus Order, 19 FCC Rcd 6080, 6092 at para. 28. See 17 U.S.C. �� 119 & 122. See also 47 U.S.C. �� 338 & 339; 47 C.F.R. � 76.66. See 47 C.F.R. � 25.148(b). Id. By contrast, Section 25.164 of the Commission's rules establishes a milestone schedule for GSO satellite system licensees, other than DBS and DARS satellite systems. Under this milestone schedule, one year after grant, the grantee must enter into a binding, non-contingent construction contract; at two years, complete critical design review; at three years begin construction of the first satellite; at five years, launch and operate
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  • 05-191 (rel. Nov. 10, 2005) and 47 C.F.R. Part 11. See, e.g., DBAC Order, 18 FCC Rcd 9455, 9469-70 at para. 39; Pegasus Order, 19 FCC Rcd 6080, 6092 at para. 28. See 17 U.S.C. �� 119 & 122. See also 47 U.S.C. �� 338 & 339; 47 C.F.R. � 76.66. See 47 C.F.R. � 25.148(b). Id. By contrast, Section 25.164 of the Commission's rules establishes a milestone schedule for GSO satellite system licensees, other than DBS and DARS satellite systems. Under this milestone schedule, one year after grant, the grantee must enter into a binding, non-contingent construction contract; at two years, complete critical design review; at three years begin construction of the first satellite; at five years, launch and operate
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  • Milestones 15. To ensure that licensees remain able and committed to implementing their planned satellites and do not hold scarce orbit/spectrum resources to the exclusion of other entrants, the Commission imposes milestone schedules on each licensed satellite. If a licensee fails to meet any of these milestones, the license becomes null and void. These milestones are set forth in section 25.164 of the Commission's rules, and are slightly different for GSO satellites and NGSO satellite constellations. Licensees of GSO satellites must meet four milestones: 1) enter into a binding non-contingent contract to construct the licensed satellite(s) within one year of licensing; 2) complete critical design review within two years of licensing; 3) begin construction of the satellite(s) within three years; and
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  • to Petition to Deny (filed June 6, 2006) (ICO Opposition). ICO Opposition at 2. Intelsat North America LLC, Reply to Opposition to Petition to Deny (filed June 16, 2006) (Intelsat Reply). Letter to Marlene H. Dortch, Secretary, Federal Communications Commission, from Chin Kyung Yoo, Counsel for Intelsat North America LLC (September 6, 2006) (Intelsat September 6 Letter). 47 C.F.R. � 25.164. ICO Modification Order, 20 FCC Rcd at 9808. The Bureau also directed ICO to submit a bond in the amount of $ 3 million. See 47 C.F.R. � 25.165. In accordance with the Commission's rules, the bond was reduced by 25 percent for each milestone met. Because ICO had satisfied its contract execution and critical design review milestones, ICO submitted
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  • it is possible that the orbital and spectrum resources currently utilized by AfriStar-1 could lie fallow in the interim period between the removal of AfriStar-1 from service and the launch of AfriStar-2, which would undermine the justification for our waiver of the bond requirement. Accordingly, although we will not impose the full schedule of construction milestones set forth in Section 25.164 of the Commission's rules, we will condition the AfriStar-2 authorization on the launch of AfriStar-2 prior to the removal of AfriStar-1 from service. Petition to Deny Ondas has filed a petition to deny AfriSpace's application to launch and operate the AfriStar-2 satellite. Ondas raises two principal objections to AfriSpace's application. First, Ondas argues that authorization of the AfriStar-2 GSO satellite
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  • or leased, or otherwise marketed ....'' Section 95.409 of the Rules, 47 C.F.R. � 95.409, specifies that CB transmitters must certified. Accordingly, the Magnum Mini must be authorized in accordance with the FCC's certification procedures prior to the initiation of marketing in the United States. The Magnum Mini, as advertised on your web site, operates on 400 channels within the 25.164 to 29.655 MHz frequency range, at an output of 15 watts peak envelope power in ``AM mode.'' This frequency range, as well as the number of channels, are clearly beyond what is authorized in Section 95.407(a) of the Rules, 47 C.F.R. � 95.407(a), for CB use. The transmitter power for the Magnum Mini also exceeds the levels specified in Section
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  • milestones for its Non-Geostationary Satellite Orbit (NGSO) satellite system. Specifically, DigitalGlobe requests that the Commission determine that DigitalGlobe has completed the contract, critical design review and begin construction implementation milestones. In connection with this request, DigitalGlobe also asks that we reduce the amount of its bond from $5,000,000 to $2,000,000. For the reasons discussed below, we deny DigitalGlobe's request. Sections 25.164 (b) (1), (2), and (3) of the Commission's rules require all space station licensees to meet certain satellite implementation milestones. NGSO licensees are required to submit a non-contingent construction contract for the licensed constellation, within one year of grant; complete critical design review of the licensed system within two years of grant; begin construction of the first satellite in the
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  • Schedule 48. To ensure that licensees remain able and committed to implementing their planned satellites and do not hold scarce orbit/spectrum resources to the exclusion of other entrants, the Commission imposes milestone schedules on each licensed satellite. If a licensee fails to meet any of these milestones, the license becomes null and void. These milestones are set forth in section 25.164 of the Commission's rules, and are slightly different for GSO satellites and NGSO satellite constellations. 49. Licensees of satellite systems that include both GSO and NGSO components are required to construct the GSO portions of their system within the GSO milestones and the NGSO portion of their system within the NGSO milestones. Licensees of NGSO systems must meet five milestones:
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  • Schedule 48. To ensure that licensees remain able and committed to implementing their planned satellites and do not hold scarce orbit/spectrum resources to the exclusion of other entrants, the Commission imposes milestone schedules on each licensed satellite. If a licensee fails to meet any of these milestones, the license becomes null and void. These milestones are set forth in section 25.164 of the Commission's rules, and are slightly different for GSO satellites and NGSO satellite constellations. 49. Licensees of satellite systems that include both GSO and NGSO components are required to construct the GSO portions of their system within the GSO milestones and the NGSO portion of their system within the NGSO milestones. Licensees of NGSO systems must meet five milestones:
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  • 24159 (para 150). See DISCO II, 12 FCC Rcd at 24157-59 (paras. 146-150). EchoStar Blanket Authorization Order, 20 FCC Rcd at 20093 (paras. 25-26). DISCO II, 12 FCC Rcd at 24170-72 (paras. 178-182). EchoStar Blanket Authorization Order, 20 FCC Rcd at 20093 (para. 27). First Space Station Licensing Reform Order, 18 FCC Rcd at 10875 (paras. 311-12); 47 C.F.R. � 25.164(a), 25.137(d)(1). EchoStar Blanket Authorization Order, 20 FCC Rcd at 20092-93 (para. 26). EchoStar Blanket Authorization Order, 20 FCC Rcd at 20092-93 (para. 26). Federal Communications Commission DA 07-118 Federal Communications Commission DA 07-118 � � � � S w | � � � � � � � � � � � � � � � � � h@ h@ h@
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  • able to proceed with timely implementation of licensed space stations, which generally cost several hundred million dollars each to launch and operate. The safeguards include: (1) a requirement that licensees post a bond with the Commission within 30 days of license grant; and (2) a requirement to construct and launch the satellite(s) consistent with the milestone schedule specified in Section 25.164 of the Commission's rules. The milestones track the three-to-five year period needed to construct and launch a satellite. The amount of the bond may be reduced as milestones are met. If the licensee fails to meet a milestone, and an extension is not granted for good cause shown, the license becomes null and void and the outstanding balance of the
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  • ATCONTACT did not respond to this request but noted that it "would nowappear to be moot" in light of subsequent changes to its NGSO authorization. SeeLetter to Marlene H. Dortch, Secretary, FCC, from James M. Talens, Counsel for ATCONTACT Communications LLC (February 6, 2009) at 2, n.3. (ATCONTACT February Letter). 4ATCONTACT Authorization, 21 FCC Rcd at 4035. 547 C.F.R. � 25.164(a), (b). 10930 Federal Communications Commission DA 09-1850 condition of ATCONTACT's license, which also provided that failure to comply with a milestone would result in automatic cancellation of ATCONTACT's authorization.6In addition, ATCONTACT was required to file a bond for $5 million within 30 days of grant. 4. On July 6, 2007, the Bureau's SatelliteDivision (Division) determined that ATCONTACT had met the
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  • with the technical specifications set forth in HISPAMAR's petition, subject to conditions. INFORMATIVE S2129 SAT-MOD-20070730-00107 DG Consents Sub, Inc. The Bureau has determined that DG Consents Sub, Inc., a wholly-owned subsidiary of DigitalGlobe, Inc., has met the fifth and last milestone associated with this authorization, the Bring All the Satellites in the Licensed System Into Operation milestone, pursuant to Section 25.164(b)(5) of the Commission's rules, 47 C.F.R. � 25.164(b)(5). The Bureau previously determined that DG Consents Sub, Inc. had met the Contract Execution, Critical Design Review, Commence Construction, and Launch the First Satellite in the System milestones for this authorization, thereby reducing the $5 million bond amount by 80% to $1 million. See Public Notice Report No. SAT-00484, DA No. 07-4711,
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  • with the technical specifications set forth in HISPAMAR's petition, subject to conditions. INFORMATIVE S2129 SAT-MOD-20070730-00107 DG Consents Sub, Inc. The Bureau has determined that DG Consents Sub, Inc., a wholly-owned subsidiary of DigitalGlobe, Inc., has met the fifth and last milestone associated with this authorization, the Bring All the Satellites in the Licensed System Into Operation milestone, pursuant to Section 25.164(b)(5) of the Commission's rules, 47 C.F.R. � 25.164(b)(5). The Bureau previously determined that DG Consents Sub, Inc. had met the Contract Execution, Critical Design Review, Commence Construction, and Launch the First Satellite in the System milestones for this authorization, thereby reducing the $5 million bond amount by 80% to $1 million. See Public Notice Report No. SAT-00484, DA No. 07-4711,
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  • To ensure that licensees remain able and committed to implementing their planned satellites and do not hold scarce orbit and spectrum resources to the exclusion of other entrants, the Commission imposes milestone schedules on each licensed satellite. If a licensee fails to meet any of these milestones, the license becomes null and void. These milestones are set forth in Section 25.164 of the Commission's rules and are slightly different for GSO FSS satellites and NGSO FSS satellite constellations. Northrop Grumman notes these differences and proposes that the earlier of the applicable milestones apply to its hybrid NGSO/GSO system. Licensees of satellite systems that include both GSO and NGSO components are required to construct the GSO portions of their system within the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1740A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1740A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1740A1.txt
  • whether Globalstar has exercised diligence in meeting its proposed schedule. In connection with licensing of new satellites, the Commission requires that the licensee complete steps in the construction and launch process by certain dates in order to ensure that spectrum and orbital resources are promptly put to use and are not held to the exclusion of others. 47 C.F.R. � 25.164. The Commission will modify a license to extend a milestone if the applicant establishes that ``additional time is required due to unforeseeable circumstances beyond the applicant's control, describes these circumstances with specificity, and justifies the precise extension period requested; or [that there are] unique and overriding public interest concerns that justify an extension, identifies those interests and justifies a precise
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1740A1_Rcd.pdf
  • whether Globalstar has exercised diligence in meeting its proposed schedule. In connection with licensing of new satellites, the Commission requires that the licensee complete steps in the construction and launch process by certain dates in order to ensure that spectrum and orbital resources are promptly put to use and are not held to the exclusion of others. 47 C.F.R. � 25.164. The Commission will modify a license to extend a milestone if the applicant establishes that "additional time is required due to unforeseeable circumstances beyond the applicant's control, describes these circumstances with specificity, and justifies the precise extension period requested; or [that there are] unique and overriding public interest concerns that justify an extension, identifies those interests and justifies a precise
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  • committed and able to proceed with timely implementation of licensed space stations, which generally cost several hundred million dollars each to launch and operate. The safeguards include: (1) a requirement that licensees post a bond within 30 days of license grant; and (2) a requirement to construct and launch the licensed satellite consistent with the milestone schedule specified in Section 25.164 of the Commission's rules. The milestones track the three-to-five year period needed to construct and launch a satellite. The amount of the bond may be reduced as milestones are met. If the licensee fails to meet a milestone, and an extension is not granted, the license becomes null and void and the outstanding balance of the bond is paid to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1957A1_Rcd.pdf
  • more alternatives in choosing communications providers and services, thereby stimulating lower rates, improving service quality, increasing service options and fostering technological innovation." SeeStar One S.A. Petition for Declaratory Ruling To Add the Star One C5 Satellite at 68� W.L. to the Permitted Space Station List, IBFS File No. SAT-PPL-20071113-00159, at 2, 12, and Schedule S, S1.f. 747 C.F.R. �� 25.137(d), 25.164(a). 8Id.� 25.164(a). 9Star One C5 Grant, Condition 5. 10Star One C5 Grant, Condition 5.e; 47 C.F.R. �� 25.137(d), 25.165. 14339 Federal Communications Commission DA 10-1957 extension.11On March 10, 2008, Star One posted a $3 million bond.12 5. On April 1, 2008, the Andean Community filed a petition requesting the addition of two conditions (see paragraph 12,below) to Star One C5's
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  • mutually exclusive applications filed at the same time are granted pursuant to paragraph (d)(3) of this Section, the available bandwidth at the orbital location or locations in question will be divided equally among those licensees. In Appendix B, the references to "paragraph (c)(4)" in Sections 25.158(d)(5), (6), and (7) are replaced with references to "paragraph (d)(4)." In Appendix B, Section 25.164(d) is corrected to read as follows: (d) Licensees of all satellite systems, other than DBS and DARS satellite systems, licensed on or after [insert effective date of rule], will be required to submit information to the Commission sufficient to demonstrate that the licensee has completed the critical design review of the licensed satellite system on or before the date scheduled
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  • that if licensees of NGSO/GSO constellation systems frequently seek to modify the license to surrender the NGSO portion while retaining the GSO satellites, we may revisit whether $ 5 million is the appropriate bond amount for a combined NGSO/GSO system. 3. In Appendix B of the First Report and Order and Further Notice of Proposed Rulemaking, the revisions to Section 25.164 are corrected to read as follows: 3. Amend � 25.164 by adding paragraph (g), to read as follows: � 25.164 Milestones. * * * * * (g) Licensees of satellite systems that include both non-geostationary orbit satellites and geostationary orbit satellites, other than DBS and DARS satellite systems, and licensed on or after [INSERT DATE 30 DAYS FROM DATE OF
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  • operations by 6/23/2010; Lockheed Martin Corporation must post a $3 million bond with the Commission, pursuant to the procedures set forth in Public Notice, DA 03-2603, 18 FCC Rcd 16283 (2003), by 7/25/05. Failure to meet any of these dates shall render this authorization null and void without any further action by the Commission. See 47 C.F.R. �� 25.161 and 25.164. FEDERAL COMMUNICATIONS COMMISSION Thomas S. Tycz Chief, Satellite Division International Bureau (...continued from previous page) (continued....) Federal Communications Commission ( ) d - � � ' ( ) X Z \ a � � � '' � � � � � � � � 2� F � ��*Z � $ �
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  • LLC 's (WildBlue's) modification application, SES-MFS-20060811-01347. (Call Sign: E050033). Accordingly, WildBlue is authorized to communicate with WILDBLUE-1, a satellite to be authorized by Canada at the 111.1� W.L. orbit location, with the earth stations authorized in its blanket earth station license. In granting this modification application, the Systems Analysis Branch inadvertently neglected to impose milestone conditions as required by Sections 25.164 and 25.137(d)(1) of the Commission's rules, 47 C.F.R. �� 25.165, 25.137(d)(1), and to direct WildBlue to post a bond as required by Sections 25.165 and 25.137(d)(4) of the Commission's rules, 47 C.F.R. �� 25.165, 25.137(d)(4). Accordingly, we hereby reissue WildBlue's license, Call Sign E050033, to include Condition 251 on its license. In addition, all terms, conditions, and technical specifications previously
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-292624A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-292624A1.txt
  • authority to operate the Intelsat 15 satellite in the following frequency bands: 10950-11200 MHz (space-to-Earth), 11450-11700 MHz (space-to-Earth), 12500-12750 MHz (space-to-Earth), 13750-14000 MHz (Earth-to-space), and 14000-14500 MHz (Earth-to-space). Intelsat requests waivers, to the extent necessary, of Sections 25.202(g) and 25.114(d)(3) of the Commission's rules. Intelsat also requests a determination that it has met the first three implementation milestones in Section 25.164 of the Commission's rules (execute a binding contract for construction, complete the critical design review, and commence construction) and that, in the event a bond is imposed, the Commission reduce the bond amount from $3,000,000 to $750,000. Page 1 of 1
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  • MHz, 11450-11700 MHz, 11700-11950 MHz, 12500-12750 MHz, and 14000-14500 MHz. Intelsat states that it seeks authorization to operate these Ku-band frequencies on NSS-5 as a substitute for the Ku-band payload of the Intelsat 603 satellite (call sign S2399), which is currently operating at 19.95� W.L. NSS-5 is currently licensed by the Netherlands. Intelsat requests waiver of Sections 25.114(d)(14)(ii) 25.283(c), 25.202(g), 25.164, and 25.165 the Commission's rules in connection with its request. The IBFS file number of this application has been changed from SAT-LOA-20091208-00141 to SAT-A/O-20091208-00141 to reflect the fact that the applicant is not seeking launch authority for this space station. S2804 SAT-A/O-20091223-00151 E Authorization to Operate 12/23/2009 17:29:09:75000 Date Filed: Intelsat North America LLC Intelsat North America LLC seeks authorization
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  • 09/14/2011 18:12:18:59000 Date Filed: Star One S.A. Star One S.A. requests U.S. market access to provide fixed-satellite services via the Star One C3 space station, which will be located at the 75� W.L. orbital location, using the 13.75-14.0 GHz (space-to-Earth) and 10.95-11.2 GHz (Earth-to-space) frequency bands. Star One C3 is licensed by Brazil. Star One requests waivers of Sections 25.137, 25.164, and 25.165 of the Commission's rules in connection with its request. Page 1 of 1
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  • the 107.1� W.L. orbital location using the 28.35-28.6 GHz, 29.25-29.5 GHz, and 29.5-30.0 GHz frequencies (Earth-to-space), the 18.3-18.8 GHz and 19.7-20.2 GHz frequencies (space-to-Earth), the 18.8-19.3 GHz frequencies (space-to-Earth) on a non-interference basis, and the 28.6-29.1 GHz frequencies (Earth-to-space) on a secondary basis. Hughes requests waivers, to the extent necessary, of the following Commission rules: Section 25.114(a)-(d), Section 25.158, Section 25.164(a), Section 25.165, and Section 2.106 Footnote NG165 to the United States Table of Frequency Allocations. (Hughes was previously granted market access to provide fixed-satellite services to the United States using EchoStar XVII (formerly SPACEWAY 4)). See Hughes Network Systems, LLC, IBFS File No. SAT-LOI-20091110-00119, granted May 5, 2010). S2863 SAT-RPL-20120326-00061 E Replacement Satellite Application (no new frequency) 03/26/2012 21:24:36:76300 Date
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  • in IB Docket Nos. 02-34 and 02-54 is hereby ADOPTED. IT IS FURTHER ORDERED that Part 1 and Part 25 of the Commission's rules ARE AMENDED as set forth in Appendix B. IT IS FURTHER ORDERED that the provisions of this First Report and Order in IB Docket Nos. 02-34 and 02-54, other than the adoption of Sections 25.137(d)(4), 25.149, 25.164(c), 25.164(d), and 25.164(e), will be effective upon publication of a summary of this First Report and Order in IB Docket Nos. 02-34 and 02-54 in the Federal Register. IT IS FURTHER ORDERED that Sections 25.137(d)(4), 25.149, 25.164(c), 25.164(d), and 25.164(e), as adopted in this First Report and Order and set forth in Appendix B, will be effective 60 days after
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-102A1_Erratum.doc
  • in IB Docket Nos. 02-34 and 02-54 is hereby ADOPTED. IT IS FURTHER ORDERED that Part 1 and Part 25 of the Commission's rules ARE AMENDED as set forth in Appendix B. IT IS FURTHER ORDERED that the provisions of this First Report and Order in IB Docket Nos. 02-34 and 02-54, other than the adoption of Sections 25.137(d)(4), 25.149, 25.164(c), 25.164(d), and 25.164(e), will be effective upon publication of a summary of this First Report and Order in IB Docket Nos. 02-34 and 02-54 in the Federal Register. IT IS FURTHER ORDERED that Sections 25.137(d)(4), 25.149, 25.164(c), 25.164(d), and 25.164(e), as adopted in this First Report and Order and set forth in Appendix B, will be effective 60 days after
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-102A6_Erratum.doc
  • mutually exclusive applications filed at the same time are granted pursuant to paragraph (d)(3) of this Section, the available bandwidth at the orbital location or locations in question will be divided equally among those licensees. In Appendix B, the references to "paragraph (c)(4)" in Sections 25.158(d)(5), (6), and (7) are replaced with references to "paragraph (d)(4)." In Appendix B, Section 25.164(d) is corrected to read as follows: (d) Licensees of all satellite systems, other than DBS and DARS satellite systems, licensed on or after [insert effective date of rule], will be required to submit information to the Commission sufficient to demonstrate that the licensee has completed the critical design review of the licensed satellite system on or before the date scheduled
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  • be submitted on FCC Form 312, Main Form and Schedule B. Applications for modification of space station authorizations shall be submitted on FCC Form 312, Main Form and Schedule S. In addition, any application for modification of authorization to extend a required date of completion, as set forth in Section 25.133 of this Chapter for earth station authorization or Section 25.164 of this Chapter for space stations, or included as a condition of any earth station or space station authorization, must include a verified statement from the applicant: (1) That states 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-154A1_Erratum.doc
  • be submitted on FCC Form 312, Main Form and Schedule B. Applications for modification of space station authorizations shall be submitted on FCC Form 312, Main Form and Schedule S. In addition, any application for modification of authorization to extend a required date of completion, as set forth in Section 25.133 of this Chapter for earth station authorization or Section 25.164 of this Chapter for space stations, or included as a condition of any earth station or space station authorization, must include a verified statement from the applicant: (1) That states 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
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  • 2 GHz MSS Order, 15 FCC Rcd at 16178-79 � 108. 2 GHz MSS Order, 15 FCC Rcd at 16177-78 � 106. 2 GHz MSS Order, 15 FCC Rcd at 16177-78 � 106. 2 GHz MSS Order, 15 FCC Rcd at 16177-78 � 106. See First Space Station Reform Order, 18 FCC Rcd at 10827-28 � 174. 47 C.F.R. � 25.164. 47 C.F.R. � 25.164. 47 C.F.R. � 25.164. See, e.g., Motorola/Teledesic, 17 FCC Rcd at 16547 � 11. Tempo Enterprises, Inc., et al., Memorandum Opinion and Order, 1 FCC Rcd 20, 21 � 7 (1986) (Tempo Order). See also MCI Order, 2 FCC Rcd at 234 � 10, Nexsat Order, 7 FCC Rcd at 1990 �� 3-4. See also Letter
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  • 2 GHz MSS Order, 15 FCC Rcd at 16178-79 � 108. 2 GHz MSS Order, 15 FCC Rcd at 16177-78 � 106. 2 GHz MSS Order, 15 FCC Rcd at 16177-78 � 106. 2 GHz MSS Order, 15 FCC Rcd at 16177-78 � 106. See First Space Station Reform Order, 18 FCC Rcd at 10827-28 � 174. 47 C.F.R. � 25.164. 47 C.F.R. � 25.164. 47 C.F.R. � 25.164. See, e.g., Motorola/Teledesic, 17 FCC Rcd at 16547 � 11. Tempo Enterprises, Inc., et al., Memorandum Opinion and Order, 1 FCC Rcd 20, 21 � 7 (1986) (Tempo Order). See also MCI Order, 2 FCC Rcd at 234 � 10, Nexsat Order, 7 FCC Rcd at 1990 �� 3-4. See also Letter
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  • systems, or $3 million for GSO satellites, denominated in U.S. dollars, and compliant with the terms of Section 25.165 of this Chapter. The party posting the bond will be permitted to reduce the amount of the bond upon a showing that a milestone has been met, in accordance with the terms of Section 25.165(d) of this Chapter. 3. Amend � 25.164 by adding paragraph (g), to read as follows: � 25.164 Milestones. * * * * * (g) Licensees of satellite systems that include both non-geostationary orbit satellites and geostationary orbit satellites, other than DBS and DARS satellite systems, and licensed on or after [INSERT DATE 30 DAYS FROM DATE OF PUBLICATION IN THE FEDERAL REGISTER] will be required to comply
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-147A1_Erratum.doc
  • systems, or $3 million for GSO satellites, denominated in U.S. dollars, and compliant with the terms of Section 25.165 of this Chapter. The party posting the bond will be permitted to reduce the amount of the bond upon a showing that a milestone has been met, in accordance with the terms of Section 25.165(d) of this Chapter. 3. Amend � 25.164 by adding paragraph (g), to read as follows: � 25.164 Milestones. * * * * * (g) Licensees of satellite systems that include both non-geostationary orbit satellites and geostationary orbit satellites, other than DBS and DARS satellite systems, and licensed on or after [INSERT DATE 30 DAYS FROM DATE OF PUBLICATION IN THE FEDERAL REGISTER] will be required to comply
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  • Both earth station and space station modification applications must be filed electronically through the International Bureau Filing System (IBFS) in accordance with the applicable provisions of Part 1, Subpart Y of this Chapter. In addition, any application for modification of authorization to extend a required date of completion, as set forth in � 25.133 for earth station authorization or � 25.164 for space stations, or included as a condition of any earth station or space station authorization, must include a verified statement from the applicant: * * * * * 8. Amend Section 25.118 by revising the introductory language in paragraph (a), the introductory language of paragraph (e), and adding paragraphs (e)(8) and (e)(9), to read as follows: �25.118 Modifications not
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  • null and void and the bond is executed. The rules also limit applicants to a total of five pending applications and licenses for unbuilt satellites in a specific frequency band at any one time. If we adopt a first-come, first-served processing procedure for DBS satellites, we propose to apply these accompanying safeguards, including applying the standard milestone schedule in Section 25.164 of the Commission's rules (which includes completion of critical design review within two years of license grant) to DBS systems, in lieu of the due diligence milestones set forth in Section � 25.148(b). We request comment on these proposals. Additionally, we seek comment on whether there are any public interest rationales for imposing a higher performance bond and/or whether we
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  • also limit applicants to a total of five pending applications and licenses for unbuilt satellites in a specific frequency band at any one time. If we decide to include 17/24 GHz BSS in the processing rules and requirements of the Space Station Licensing Reform Orders, we propose to apply these accompanying safeguards, including applying the standard milestone schedule in Section 25.164 of the Commission's rules to 17/24 GHz BSS systems. We request comment on these proposals. Additionally, we seek comment on whether there are any public interest rationales for imposing a higher performance bond and/or whether we should impose tighter limits on the number of pending applications and licenses that applicants for 17/24 GHz systems may have for unbuilt satellites at
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-90A1_Erratum.doc
  • also limit applicants to a total of five pending applications and licenses for unbuilt satellites in a specific frequency band at any one time. If we decide to include 17/24 GHz BSS in the processing rules and requirements of the Space Station Licensing Reform Orders, we propose to apply these accompanying safeguards, including applying the standard milestone schedule in Section 25.164 of the Commission's rules to 17/24 GHz BSS systems. We request comment on these proposals. Additionally, we seek comment on whether there are any public interest rationales for imposing a higher performance bond and/or whether we should impose tighter limits on the number of pending applications and licenses that applicants for 17/24 GHz systems may have for unbuilt satellites at
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  • speculative applications and to ensure that licensees remain committed and able to proceed with system implementation in a timely manner. Applying these safeguards to the 17/24 GHz BSS would require licensees to post a $3 million bond with the Commission within 30 days of license grant and construct and launch the satellite consistent with the milestone schedule specified in Section 25.164 of the Commission's rules. The bond becomes payable if a licensee fails to meet a milestone, rendering the license null and void. Further, GSO-like applicants are limited to a total of five pending applications and/or licensed but unlaunched satellites in a particular frequency band at any one time, and must submit substantially complete applications or face dismissal, and cannot sell
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  • satellite, three months to raise its orbit, and one month to test the satellite.'') See also DISH Network DBS Must Carry Overview and Support Materials, Mar. 12, 2008 at B1-2. The Commission's milestone rules that apply to 17/24 GHz BSS satellites allow up to five years to launch and operate a spacecraft after grant of license. See 47 C.F.R. � 25.164(a). To carry a national channel in the spot beams set aside for local channels, a satellite carrier would be required to carry that national channel in dozens of spot beams covering the entire country, rather than once in a CONUS beam. Conversely, to carry a local channel on a transponder designated for CONUS service would be particularly inefficient as that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-100A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-100A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-100A1.txt
  • years of grant; and launch and operate the GSO satellites within five years of grant. Further, AtContact was required to post with the Commission a $5 million bond within 30 days of grant. Section 25.165 of our rules provides the ``licensee will be considered to be in default if it fails to meet any milestone deadline set forth in Section 25.164, and at the time of milestone deadline, the licensee has not provided a sufficient basis for extending the milestone.'' The agreement among AtContact, the surety, and the United States contained specific conditions, including that the surety ``tender . . . payment of the current outstanding maximum penal sum of the bond . . . within thirty (30) business days of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-100A1_Rcd.pdf
  • years of grant; and launch and operate the GSO satellites within five years of grant. Further, AtContact was required to post with the Commission a $5 million bond within 30 days of grant. Section 25.165 of our rules provides the "licensee will be considered to be in default if it fails to meet any milestone deadline set forth in Section 25.164, and at the time of milestone deadline, the licensee has not provided a sufficient basis for extending the milestone."10The agreement11among AtContact, the surety, and the United States contained specific conditions, including that the surety "tender . . . payment of the current outstanding maximum penal sum of the bond . . . within thirty (30) business days of . .
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  • Form 312, Main Form and Schedule B, but only those items that change need to be specified, provided that the applicant certifies that the remaining information has not changed. * * * * * (e) Any application for modification of authorization to extend a required date of completion, as set forth in � 25.133 for earth station authorizations or � 25.164 for space stations, or included as a condition of any earth station or space station authorization, must include a verified statement from the applicant: (1) That 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-21A1_Rcd.pdf
  • Form 312, Main Form and Schedule B, but only those items that change need to be specified, provided that the applicant certifies that the remaining information has not changed. * * * * * (e) Any application for modification of authorization to extend a required date of completion, as set forth in � 25.133 for earth station authorizations or � 25.164 for space stations, or included as a condition of any earth station or space station authorization, must include a verified statement from the applicant: (1) That 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-33A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-33A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-33A1.txt
  • File Additional Applications and Pleadings Electronically,'' Public Notice, DA 08-2173 (IB rel. Sept. 29, 2008). Amendment of the Commission's Space Station Licensing Rules and Policies, First Report and Order and Further Notice of Proposed Rulemaking, IB Docket No. 02-34, 18 FCC Rcd 10760 (2003) (First Space Station Reform Order). 2006 Triennial Review Report, 22 FCC Rcd at 21150. See Section 25.164 of the Commission's Rules, 47 C.F.R. � 25.164, First Space Station Reform Order, 18 FCC Rcd at 10827. See Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's Rules to Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands, Third Order on Reconsideration and Sixth
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-93A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-93A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-93A1.txt
  • know the approximate launch date (or ``launch window'') at least 9 months in advance. In many instances, an operator will launch its space station prior to the launch milestone date included on the face of the license. In those cases, the measured data should be filed no later than 9 months prior to the actual launch date. 47 C.F.R. � 25.164(a)(4) requires that the satellite be launched and operated within 5 years from the date the license was issued. Taking into account the time between filing the application and granting of the authorization, the time between submission of the predicted and measured data may approach or even exceed 5 years. See supra �� 20-31. In this context, we use the phrase
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-93A1_Rcd.pdf
  • the measured data based upon testing of the actual antenna. This could lead to the situation in which a DBS applicant files an application after the 17/24 GHz BSS operator submits predicted data for its antenna, but before the 17/24 GHz BSS licensee submits the measured data. In such a case, the DBS applicant could choose an 14347 C.F.R. � 25.164(a)(4) requires that the satellite be launched and operated within 5 years from the date the license was issued. Taking into account the time between filing the application and granting of the authorization, the time between submission of the predicted and measured data may approach or even exceed 5 years. 144See supra �� 20-31. 145In this context, we use the phrase
• http://transition.fcc.gov/eb/Orders/2006/DA-06-587A1.html
  • or leased, or otherwise marketed ...." Section 95.409 of the Rules, 47 C.F.R. S 95.409, specifies that CB transmitters must certified. Accordingly, the Magnum Mini must be authorized in accordance with the FCC's certification procedures prior to the initiation of marketing in the United States. The Magnum Mini, as advertised on your web site, operates on 400 channels within the 25.164 to 29.655 MHz frequency range, at an output of 15 watts peak envelope power in "AM mode." This frequency range, as well as the number of channels, are clearly beyond what is authorized in Section 95.407(a) of the Rules, 47 C.F.R. S 95.407(a), for CB use. The transmitter power for the Magnum Mini also exceeds the levels specified in Section
• http://www.fcc.gov/eb/Orders/2006/DA-06-587A1.html
  • or leased, or otherwise marketed ...." Section 95.409 of the Rules, 47 C.F.R. S 95.409, specifies that CB transmitters must certified. Accordingly, the Magnum Mini must be authorized in accordance with the FCC's certification procedures prior to the initiation of marketing in the United States. The Magnum Mini, as advertised on your web site, operates on 400 channels within the 25.164 to 29.655 MHz frequency range, at an output of 15 watts peak envelope power in "AM mode." This frequency range, as well as the number of channels, are clearly beyond what is authorized in Section 95.407(a) of the Rules, 47 C.F.R. S 95.407(a), for CB use. The transmitter power for the Magnum Mini also exceeds the levels specified in Section