FCC Web Documents citing 25.165
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- First Order on Reconsideration and Fifth Report and Order, FCC 04-147 (rel. July 6, 2004) from $5 million to $3 million for a geostationary satellite orbit satellite, we will require Star One S.A. to post a $3 million bond. In the event that the revised bond amount has not become effective when Star One's bond is due, we waive Section 25.165 of the Commission's rules, 47 C.F.R 25.165, to the extent necessary. DISCO II, 12 FCC Rcd at 24159 (para. 150). Petition at 7. Star One also states it has held productive coordination discussions with U.S. satellite operators and concluded a number of coordination agreements. Star One claims it has reached coordination agreements with SES Americom regarding the 72 W.L.
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- be on an unprotected, non-harmful interference basis until it completes coordination with licensed NGSO FSS operators. IT IS FURTHER ORDERED that MSV's MSS GSO satellite, MSV-1, shall be operated in full compliance with footnote 27 to Radio Regulation A.22.III.1 of Article 22, Section III of the ITU's Radio Regulations. IT IS FURTHER ORDERED that MSV's request for waiver of Section 25.165(a)(2) of the Commission's rules, 47 C.F.R. 25.165(a)(2), IS DENIED and MSV must file a bond with the Commission in the amount of $3,000,000.00, pursuant with the procedures set forth in Public Notice, DA 03-2602, 18 FCC Rcd 16283 (2003), by June 24, 2005. IT IS FURTHER ORDERED that MSV must construct, launch and place its authorized satellite into operation
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- be on an unprotected, non-harmful interference basis until it completes coordination with licensed NGSO FSS operators. IT IS FURTHER ORDERED that MSV's MSS GSO satellite, MSV-1, shall be operated in full compliance with footnote 27 to Radio Regulation A.22.III.1 of Article 22, Section III of the ITU's Radio Regulations. IT IS FURTHER ORDERED that MSV's request for waiver of Section 25.165(a)(2) of the Commission's rules, 47 C.F.R. 25.165(a)(2), IS DENIED and MSV must file a bond with the Commission in the amount of $3,000,000.00, pursuant with the procedures set forth in Public Notice, DA 03-2602, 18 FCC Rcd 16283 (2003), by June 24, 2005. IT IS FURTHER ORDERED that MSV must construct, launch and place its authorized satellite into operation
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- the C-band beam, it has provided information for both C- and Ku- band operations out of an abundance of caution. Id. Id. See Amendment of the Commission's Space Station Licensing Rules and Policies, First Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 10760, 10826, Para. 170 (2003) (``First Space Station Reform Order''). See 47 C.F.R. 25.165. First Space Station Reform Order at 10875, para. 309. DISCO II Order at 24159, para. 150. Id. DISCO II Order at 24170-72, paras. 178-82. (...continued from previous page) (Continued....) Federal Communications Commission DA 05-1910 Federal Communications Commission DA 04-1313 $ ' 5 -5 6 h) h(c) h(c) F 0
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- C.F.R. 25.208(j). 47 C.F.R. 25.208(i). First Report and Order, 16 FCC Rcd at 4134 96; see also, Third MO&O, 18 FCC Rcd at 2313 24. 47 C.F.R. 25.146(b) and 25.146(f). Amendment of the Commission's Space Station Licensing Rules and Policies, First Order on Reconsideration and Fifth Report and Order, 19 FCC Rcd 12637 (2004). 47 C.F.R. 25.165. Ku-band NGSO FSS Service Rules Order, 17 FCC Rcd at 7864 75. Amendment Of The Commission's Space Station Licensing Rules And Policies, First Report and Order and Further Notice of Proposed Rulemaking in IB Docket No. 02-34, and First Report and Order in IB Docket No. 02-54, 18 FCC Rcd at 10760, 10827 175-75 (2003) (First Space Station
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- exclusive. Sections 25.157 and 25.158 prescribe space station licensing procedures that minimize processing delay and obviate comparative evaluation of mutually exclusive applications. Section 25.159 provides a limit on pending applications and unbuilt satellite systems. Sections 25.160, 25.161, and 25.163 specify the circumstances in which licenses may be automatically cancelled or reinstated and in which pecuniary forfeitures may be assessed. Section 25.165 requires most space-station applicants to post bonds that are subject to forfeiture in the event the license fails to meet implementation milestones. This increases the likelihood that authorized systems will be promptly constructed, launched, and operated. This requirement deters frivolous application-filing and reduces the likelihood that unnecessary coordination costs will be imposed on existing licensees. Subpart C-Technical Standards and Subpart
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- messages contain error correction information that provides for differential correction of the GPS receive signals, resulting in more accurate GPS navigation information. This enhanced information will be used to improve aircraft navigation, automated farming, mining operations, and other applications that rely on precise position and navigation information. In addition, Lockheed requests a waiver of the bond requirement contained in Section 25.165 of the Commission's rules. III. DISCUSSION A. Processing Procedure 5. In the First Space Station Reform Order, the Commission adopted various procedural reforms to expedite the satellite licensing process. In revising the satellite licensing rules, the Commission adopted two different licensing frameworks - a modified processing round approach for non-geostationary satellite orbit (NGSO)-like systems and a ``first-come, first-served'' procedure for
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- messages contain error correction information that provides for differential correction of the GPS receive signals, resulting in more accurate GPS navigation information. This enhanced information will be used to improve aircraft navigation, automated farming, mining operations, and other applications that rely on precise position and navigation information. In addition, Lockheed requests a waiver of the bond requirement contained in Section 25.165 of the Commission's rules. III. DISCUSSION A. Processing Procedure 5. In the First Space Station Reform Order, the Commission adopted various procedural reforms to expedite the satellite licensing process. In revising the satellite licensing rules, the Commission adopted two different licensing frameworks - a modified processing round approach for non-geostationary satellite orbit (NGSO)-like systems and a ``first-come, first-served'' procedure for
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- In its application, EchoStar asserts that the ANIK F3 is a replacement satellite for the Canadian-licensed ANIK E2 satellite, which was operating at 118.7 W.L. when EchoStar filed the ANIK F3 blanket earth station application. In the alternative, EchoStar requests a waiver of the bond requirement in the event that we conclude ANIK F3 is not a replacement satellite. Section 25.165(a) of the Commission's rules exempt replacement satellites from the bond requirement. Subpart (e) of the rule defines a replacement satellite as one that is: (1) authorized to be operated at the same orbital location, in the same frequency bands, and with the same coverage area as one of the licensee's existing satellites, and (2) is scheduled to be launched so
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- first-come, first-served process applicable to "GSO-like" satellites. MSV also requests a waiver of footnote NG104 of Section 2.106 of the Commission's rules, which requires the 10.7-10.95 GHz and 11.2-11.45 GHz frequency bands to be used for international service only, so that it can use these frequencies for both domestic feeder links and TT&C. MSV further requests a waiver of Section 25.165(a) of the Commission's rules, which requires the posting of a bond within 30 days of the grant of a satellite authorization. MSV notes that it plans to provide public safety services which the Commission said in the Space Station Licensing Reform Order could qualify for a waiver of the bond requirement. Finally, MSV requests a waiver of our station keeping
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- first-come, first-served process applicable to "GSO-like" satellites. MSV also requests a waiver of footnote NG104 of Section 2.106 of the Commission's rules, which requires the 10.7-10.95 GHz and 11.2-11.45 GHz frequency bands to be used for international service only, so that it can use these frequencies for both domestic feeder links and TT&C. MSV further requests a waiver of Section 25.165(a) of the Commission's rules, which requires the posting of a bond within 30 days of the grant of a satellite authorization. MSV notes that it plans to provide public safety services which the Commission said in the Space Station Licensing Reform Order could qualify for a waiver of the bond requirement. Finally, MSV requests a waiver of our station keeping
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- 202-418-0719; TTY 202-418-2555. INFORMATIVE On July 28, 2005 and January 9, 2006, ICO submitted certifications to establish that ICO has begun physical construction of its geostationary satellite. The Bureau has determined that ICO has commenced physical construction of a geostationary-orbit satellite consistent with its reservation of spectrum and may therefore reduce the bond amount by $750,000, as provided in Section 25.165(d) of the Commission's rules. See 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) and Amendment of the Commission's Space Station Licensing Rules and Policies, First Order on Reconsideration and Fifth Report and Order, IB Docket No. 02-34, 19 FCC
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- First Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 10760, 10810-12 (paras. 125-131) (2003) (First Space Station Reform Order). See also 47 C.F.R. 2.106. A licensee may initiate coordination under US 334 by submitting a letter request to the Commission. First Space Station Reform Order, 18 FCC Rcd at 10824. See also 47 C.F.R. 25.165. 47 C.F.R. 25.165(a)(2). (last visited on May 9, 2006). MSV Comments at 3. MSV states that the fact that DIRECTV may launch and operate its DIRECTV 9S satellite prior to MSV launching and operating its MSV-1 satellite should not ``prejudice MSV's right or limit MSV's flexibility to operate at this orbital location.'' DIRECTV Ex Parte Letter. Id. at 2.
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- was adopted, DBS and DARS licenses were issued pursuant to another licensing procedure, i.e., competitive bidding. Thus, we cannot impose the bond requirement, at this time, on DBS licensees. However, we note that in the DBS Notice, the Commission seeks comment on whether to expand the Space Station Licensing Reform licensing framework, including the bond requirement of Sections 25.137(d)(4) and 25.165, to DBS. If the Commission adopts rules requiring DBS licensees to post a bond, we will modify Spectrum Five's market access grant accordingly. Spectrum Availability In the DISCO II Order, the Commission determined that, given the scarcity of geostationary-satellite orbit locations and spectrum resources, it would consider spectrum availability as a factor in determining whether to allow a foreign satellite
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- market. The Commission excepted DBS and DARS licenses from the bond requirement at the time it was adopted. Thus, we cannot impose the bond requirement, at this time, on DBS licensees. However, we note that in the DBS Notice, the Commission seeks comment on whether to expand the Space Station Licensing Reform licensing framework, including the bond requirement of Section 25.165, to DBS. If the Commission adopts rules requiring DBS licensees to post a bond, we will modify EchoStar's authorization for the EchoStar-86.5W satellite accordingly. General DBS Requirements EchoStar will be subject to the same service rules and obligations as existing DBS licensees. This includes the public service obligations detailed in Section 25.701 of the Commission's rules, the emergency alert system
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- the Commission's Space Station Licensing Rules and Policies, First Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 10760, para. 300 (2003). (``First Space Station Reform Order''). See Loral Telstar 18 Order, 20 FCC Rcd at 11860, para. 13. Id. Id. First Space Station Reform Order, 18 FCC Rcd at 10826, para. 170. See 47 C.F.R. 25.165. First Space Station Reform Order, 18 FCC Rcd at 10875, para. 309. DISCO II Order at 24159, para. 150. Id. See Loral Telstar 18 Order. DISCO II Order at 24170-72, paras. 178-82. Consistent with Division practice, contemporaneously with the release of this Order, the Division's Systems Analysis Branch will issue an authorization on IBFS File No. SES-MFS-20060224-00295, incorporating this Order
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- Manufacturing contract Complete Critical Design Review December 20, 2008 Begin Physical Construction of the Satellite December 20, 2009 Certify Entire System Operational December 20, 2011 22. IT IS FURTHER ORDERED, that New ICO Services G.P. must file a performance bond with the Commission in the amount of $ 3 million, pursuant to the procedures set forth in 47 C.F.R. 25.165, within 30 days of the grant of this Order and Authorization. 23. This Order is issued pursuant to the Commission's rules on delegations of authority, 47 C.F.R. 0.261, and is effective upon release. FEDERAL COMMUNICATIONS COMMISSION Robert G. Nelson Chief Satellite Division International Bureau ``2 GHz MSS'' refers to MSS using frequencies in the 2000-2020 MHz uplink band and
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- (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 a bond for $1.5 million, payable to the U.S. Treasury, on July 23, 2005. ICO was authorized to further reduce its bond after the Bureau determined that ICO had
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- Further Notice of Proposed Rulemaking in IB Docket No. 02-34, and First Report and Order in IB Docket No. 02-54, 18 FCC Rcd 10760, 10825 167 (2003) (First Space Station Reform Order). Amendment of the Commission's Space Station Licensing Rules and Policies, First Order on Reconsideration and Fifth Report and Order, 19 FCC Rcd 12637 (2004). 47 C.F.R. 25.165. Ku-band NGSO FSS Service Rules Order, 17 FCC Rcd at 7864 75. First Space Station Reform Order, 18 FCC Rcd at 10828 177. See 47 C.F.R. 25.146(k). See 47 C.F.R. 25.111(b). 47 C.F.R. 25.114(d)(14). In September 2002 Virtual Geo submitted an orbital debris mitigation plan which was superseded by its amendment filed December 2004 in
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- Station Licensing Rules and Policies, First Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 10760, para 300 (2003). See Amendment of the Commission's Space Station Licensing Rules and Policies, First Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 10760, 10826, Para. 170 (2003) (``First Space Station Reform Order''). See 47 C.F.R. 25.165. First Space Station Reform Order at 10875, para. 309. DISCO II Order at 24159, para. 150. Id. See Loral Telstar 18 Order. Loral Application at 10. Loral Application at Attachment C. DISCO II Order at 24170-72, paras. 178-82. IBFS File No. SES-AMD-20051118-01593. All applications that were pending as of October 19, 2005 and were subject to the information requirements of
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- completed or, with respect to individual administrations, by successfully completing coordination agreements. Any radio station authorization for which coordination has not been completed may be subject to additional terms and conditions as required to effect coordination of the frequency assignments of other administrations. See 47 C.F.R. 25.111(b). IT IS FURTHER ORDERED that AfriSpace, Inc.'s request for waiver of Section 25.165(a)(2) of the Commission's rules, 47 C.F.R. 25.165(a)(2), IS GRANTED. IT IS FURTHER ORDERED that AfriSpace, Inc.'s request for waiver of Section 25.164 of the Commission's rules, 47 C.F.R. 25.164, IS GRANTED IN PART, and AfriSpace, Inc. must construct, launch and place its authorized satellite into operation prior to the removal of the AfriStar-1 satellite from service. IT IS
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- reconsideration of the First Space Station Licensing Reform Order. In the Reconsideration Order, the Commission lowered the bond requirement but affirmed its necessity as a means to ensure that licensees remain committed and capable of implementing their systems once they receive licenses. 57. As a result, we require contactMEO to post a bond for its licensed system. Pursuant to section 25.165, satellite systems with GSO and NGSO components operating in the same frequencies are subject to a $5 million bond requirement. Accordingly, contactMEO must post a bond for $5 million within 30 days of the grant of this license. Failure to do so will render the authorizations for the entire system - both the GSO and NGSO components - null and
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- reconsideration of the First Space Station Licensing Reform Order. In the Reconsideration Order, the Commission lowered the bond requirement but affirmed its necessity as a means to ensure that licensees remain committed and capable of implementing their systems once they receive licenses. 57. As a result, we require contactMEO to post a bond for its licensed system. Pursuant to section 25.165, satellite systems with GSO and NGSO components operating in the same frequencies are subject to a $5 million bond requirement. Accordingly, contactMEO must post a bond for $5 million within 30 days of the grant of this license. Failure to do so will render the authorizations for the entire system - both the GSO and NGSO components - null and
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- on or before February 5, 2007, its license will be null and void without further action by the Commission. Background On Friday, December 21, 2006, the International Bureau released an Order and Authorization in which it granted Virtual Geo authority to construct a constellation of satellites in the Ku-band, non-geostationary satellite orbit (NGSO), fixed-satellite service. As is required by section 25.165 of the Commission's Rules, paragraph 93 in the ordering clauses of the Order and Authorization directed Virtual Geo to file the required $5 million bond by January 20, 2007. On January 18, 2007, Virtual Geo filed a letter in which it requested a two-week extension of the bond filing deadline to February 5, 2007. Because the license was issued on
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- on or before February 5, 2007, its license will be null and void without further action by the Commission. Background On Friday, December 21, 2006, the International Bureau released an Order and Authorization in which it granted Virtual Geo authority to construct a constellation of satellites in the Ku-band, non-geostationary satellite orbit (NGSO), fixed-satellite service. As is required by section 25.165 of the Commission's Rules, paragraph 93 in the ordering clauses of the Order and Authorization directed Virtual Geo to file the required $5 million bond by January 20, 2007. On January 18, 2007, Virtual Geo filed a letter in which it requested a two-week extension of the bond filing deadline to February 5, 2007. Because the license was issued on
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- 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); Amendment of the Commission's Space Station Licensing Rules and Policies, First Order on Reconsideration and Fifth Report and Order, IB Docket No. 02- 34, 19 FCC Rcd 12637 (2004), 47 C.F.R. 25.165(d). S2724 SAT-LOA-20070105-00002 EchoStar Satellite Operating Corporation In a letter dated June 18, 2007, EchoStar Satellite Operating Corporation (EchoStar) indicated that it intended to pursue five pending 17/24 GHz Broadcasting Satellite Service (BSS) applications. Letter from Brad K. Gillian, Counsel to EchoStar Satellite Operating Corporation, to Ms. Marlene H. Dortch, Secretary, Federal Communications Commission dated June 18, 2007. EchoStar, however, has
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- 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); Amendment of the Commission's Space Station Licensing Rules and Policies, First Order on Reconsideration and Fifth Report and Order, IB Docket No. 02-34, 19 FCC Rcd 12637 (2004), 47 C.F.R. 25.165(d). This action is taken without prejudice to the Commission's action in SAT-MOD-20070309-00048 and SAT-AMD-20070309-00049. Page 1 of 1
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- mutually exclusive. Sections 25.157 and 25.158 prescribe space station licensing procedures that minimize processing delay and obviate comparative evaluation of mutually exclusive applications. Section 25.159 provides a limit on pending applications and unbuilt satellite systems. Sections 25.160, 25.161, and 25.163 specify the circumstances in which licenses may be automatically cancelled or reinstated and in which forfeitures may be assessed. Section 25.165 requires most space-station applicants to post bonds that are subject to forfeiture in the event the license fails to meet implementation milestones. This increases the likelihood that authorized systems will be promptly constructed, launched, and operated. This requirement deters frivolous application-filing and reduces the likelihood that unnecessary coordination costs will be imposed on existing licensees. Subpart C-Technical Standards and Subpart
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- 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); Amendment of the Commission's Space Station Licensing Rules and Policies, First Order on Reconsideration and Fifth Report and Order, IB Docket No. 02-34, 19 FCC Rcd 12637 (2004); and 47 C.F.R. 25.165. Page 1 of 1
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- 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); Amendment of the Commission's Space Station Licensing Rules and Policies, First Order on Reconsideration and Fifth Report and Order, IB Docket No. 02-34, 19 FCC Rcd 12637 (2004), 47 C.F.R. 25.165(d). Page 2 of 2
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- Commission's Permitted List. This will preclude the Star One C5 satellite from providing service in the United States. Dismissal would be without prejudice to refiling. Background On Thursday, February 7, 2008, the International Bureau granted a petition for declaratory ruling in which it placed Star One C5, located at 68 W.L., on the Permitted List. As is required by section 25.165 of the Commission's Rules, paragraph 5(e) in the ordering clauses of the grant stamp directed Star One to file the required $3 million bond by March 10, 2008. On March 4, 2008, Star One filed an application modification in which it requested a one-week extension of the bond filing deadline to March 17, 2008. Star One states that after the
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- Request, File No. SAT-AMD-20071116-00161 (Amendment). Letter from Walter H. Sonnenfeldt, counsel for Orbcomm License Corp., to Robert Nelson, Chief, Satellite Division (Feb. 29, 2008). See 47 C.F.R. 25.142(a)(5). Because the six non-geostationary satellites in the first phase of launch involve the same Little LEO frequencies and service areas as authorized, the bond requirements do not apply. 47 C.F.R. 25.165(e). Modification Application at 11. Modification Application at 8-9. 13 FCC Rcd at 9123-24 28-30. Modification Application at 33. Orbcomm's existing and new satellites will continue to operate with one 50 kHz feeder link in each direction, centered at 148.61 MHz (uplink) and 137.56 MHz (downlink). Orbcomm does not request authority to operate feeder links in any other frequencies. Modification
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- No petitions to deny were filed. In its comments, SES sought to have additional conditions relating to Intelsat's international coordination responsibilities placed on the license. In comments filed on all pending 17/24 GHz BSS applications, including its own applications, Pegasus sought 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). 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,
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- No petitions to deny were filed. In its comments, SES sought to have additional conditions relating to Intelsat's international coordination responsibilities placed on the license. In comments filed on all pending 17/24 GHz BSS applications, including its own applications, Pegasus sought 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
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- 2008); Policy Branch Information, Satellite Space Applications Accepted for Filing, Public Notice, Report No. SAT-00537 (rel. July 11, 2008) (corrections). In a comment filed on all pending 17/24 GHz BSS applications, including its own applications, Pegasus Development DBS Corporation (Pegasus) sought 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). The issues raised by Pegasus are not relevant to the processing of this application, but, instead, relate to a request to assign an application to Pegasus to DIRECTV Enterprises, LLC (DIRECTV). IBFS File No. SAT-AMD-20080916-00188. Accordingly, we will not address Pegasus's comment in this Order. These comments will be addressed in our decision on that assignment application. Spectrum
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- ex partemeetings at the Commission, subsequent to its November 19, 2008 filing.13DIRECTV filed an ex parteletter addressing Spectrum Five's questions.14 9In a comment filed on all pending 17/24 GHz BSS applications, including its own applications, Pegasus Development DBS Corporation (Pegasus) sought 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). The issues raised by Pegasus are not relevant to the processing of this application, but, instead, relate to a request to assign an application toPegasus to DIRECTV Enterprises, LLC (DIRECTV). IBFS File No. SAT-AMD-20080916-00188. Accordingly, we will not address Pegasus's comment in this Order. These comments will be addressed in our decision on that assignment application. 10SpectrumFive LLC,
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- IBFS File No. SAT-AMD-20080916-00188 (DIRECTV Amendment) at 2. The Three-Party Agreement is not included as part of the amendment but merely explained by DIRECTV in its narrative. DIRECTV Amendment at 4. DIRECTV Amendment at Waiver Requests at 1 (requesting partial waiver of 47 C.F.R. 25.158(c)). DIRECTV Amendment at Waiver Requests at 2 (requesting partial waiver of 47 C.F.R. 25.165). DIRECTV Amendment at Waiver Requests at 3 (requesting partial waiver of 47 C.F.R. 25.116). Sept. 17, 2008 letter from Marshall W. Pagon, President and Chief Executive Officer of Pegasus Development DBS Corporation, to Marlene H. Dortch, Secretary, Federal Communications Commission; Sept. 23, 2008 letter from Philip Spector, Secretary, Intelsat North America LLC, to Marlene H. Dortch, Secretary, Federal Communications
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- avoid it entirely. DIRECTV further argues that EchoStar remains in line to get exactly the same authorization it would be eligible to receive in the absence of the Three- Party Agreement. 19DIRECTV Amendment at Waiver Requests at 1 (requesting partial waiver of 47 C.F.R. 25.158(c)). 20DIRECTV Amendment at Waiver Requests at 2 (requesting partial waiver of 47 C.F.R. 25.165). 21DIRECTV Amendment at Waiver Requests at 3 (requesting partial waiver of 47 C.F.R. 25.116). 22Sept. 17, 2008 letter from Marshall W. Pagon, President and Chief Executive Officer of Pegasus Development DBS Corporation, to Marlene H. Dortch, Secretary, Federal Communications Commission; Sept. 23, 2008 letter from Philip Spector, Secretary, Intelsat North America LLC, to Marlene H. Dortch, Secretary, Federal Communications
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- FCC Rcd 17722 (Int'l Bur. 2004). The required bond is $3 million for a geostationary-orbit (GSO) satellite and $5 million for a constellation of non-geostationary-orbit (NGSO) satellites. Because ATCONTACT's GSO space stations were to operate in the same frequency bands as its NGSO space stations, Commission rules require ATCONTACT to post only one $5 million bond. See 47 C.F.R. 25.165(a)(3). 47 C.F.R. 25.165(d). 47 C.F.R. 25.165(c), and Space Station Licensing Reform Order, 18 FCC Rcd at 10824. See New ICO Satellite Services, GP, Memorandum Opinion and Order, 21 FCC Rcd 14612, 14615 (Int'l Bur. 2006). In addition, we note that ATCONTACT failed to file a modification application for an extension of its remaining milestones, as required by Section
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- FCC Rcd 17722 (Int'l Bur. 2004). 17The required bond is $3 million for a geostationary-orbit (GSO) satellite and $5 million for a constellation of non- geostationary-orbit (NGSO) satellites. Because ATCONTACT's GSO space stations were to operate in the same frequency bands as its NGSO space stations, Commission rules require ATCONTACT to post only one $5 million bond. See47 C.F.R. 25.165(a)(3). 1847 C.F.R. 25.165(d). 1947 C.F.R. 25.165(c), and Space Station Licensing Reform Order, 18 FCC Rcd at 10824. 20SeeNewICO Satellite Services, GP, Memorandum Opinion and Order, 21 FCC Rcd 14612, 14615 (Int'l Bur. 2006). In addition, we note that ATCONTACT failed to file a modification application for an extension of its remaining milestones, as required by Section 25.117(c) of
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- this authorization by the following dates: Milestone Deadline Enter Non-contingent Satellite Manufacturing Contract February 24, 2010 Complete Critical Design Review February 24, 2011 Begin Physical Construction February 24, 2012 Launch and Operate February 24, 2014 IT IS FURTHER ORDERED, that Northrop Grumman Space and Mission Systems Corporation's request for a partial waiver of the Commission's bond requirement, 47 C.F.R 25.165, IS DENIED. Northrop Grumman Space & Mission Systems Corporation must file bonds in the amounts of $5 million for the NGSO system and $3 million for each of the four GSO satellites, pursuant to the procedures set forth Section 25.165 of the Commission's rules, 47 C.F.R. 25.165, within 30 days of the release date of this Order. IT IS
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- Rcd 4079 (2004) (granting the assignment or transfer of control of Commission licenses relating to the operation of the Globalstar MSS system from Globalstar LP, Debtor-in-Possession to L/Q Licensee, Inc.). Section 25.119 of the Commission's rules, 47 C.F.R. 25.119, spells out the requirements for satellite license transfers of control, and makes no mention of a required financial showing. Section 25.165 of the Commission's rules, 47 C.F.R. 25.165(a), which imposes a bond requirement on the grant of new satellite licenses, makes no mention of transfers of control. 11 U.S.C. 1129(a)(11). In re DBSD North America, et al., Case No. 09-13061 (REG) (Jointly Administered) (Bankr. S.D.N.Y., October 26, 2009) at 12-21. See Sprint Nextel Petition to Deny at 17-21. See Sprint
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- Rcd 4079 (2004) (grantingthe assignment or transfer of control of Commission licenses relating to the operation of the Globalstar MSS system from Globalstar LP, Debtor- in-Possession to L/Q Licensee, Inc.). 28Section 25.119 of the Commission's rules, 47 C.F.R. 25.119, spells out the requirements for satellite license transfers of control, and makes no mention of a required financial showing. Section 25.165 of the Commission's (continued....) 13668 Federal Communications Commission DA 10-1881 any evidence or arguments regarding the future financial stability of New DBSD DIP that were not also presented to the bankruptcy court in connection with the confirmation of New DBSD DIP's reorganization plan. The bankruptcy court was required under the Bankruptcy Code to make a finding that the proposed plan
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- Section 25.137 of the Commission's rules provides that 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 Sec. 25.158.'' 47 C.F.R. 25.137(c). See generally Star One C5 Grant. . 25.164(a). Star One C5 Grant, Condition 5. Star One C5 Grant, Condition 5.e; 47 C.F.R. 25.137(d), 25.165. Space Station Reform Order, 18 FCC Rcd at 10826 170. This requirement also applies to non-U.S. licensed space stations. Id. at 10874-75 308-09. Letter from Daniel H. Mah, counsel for Star One S.A., to Marlene H. Dortch, Secretary, Federal Communications Commission, filed March 10, 2008. The Administration of Colombia, acting as the Notifying Administration before the ITU of
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- 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 market access grant relating to the international coordination process.13On July 14, 2008, the Bureau released an Order on Reconsiderationgranting
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- 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); Amendment of the Commission's Space Station Licensing Rules and Policies, First Order on Reconsideration and Fifth Report and Order, IB Docket No. 02- 34, 19 FCC Rcd 12637 (2004), 47 C.F.R. 25.165(d). Page 2 of 2
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- 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); Amendment of the Commission's Space Station Licensing Rules and Policies, First Order on Reconsideration and Fifth Report and Order, IB Docket No. 02- 34, 19 FCC Rcd 12637 (2004), 47 C.F.R. 25.165(d). 17761
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- Commission's part if the space station is not constructed, launched, and placed into operation in accordance with the technical parameters, terms and conditions of this authorization by these specified time periods following the date of authorization: Hughes must file a bond with the Commission in the amount of $3 million, pursuant to the procedures set forth in 47 C.F.R. 25.165, within 30 days of the date of this grant (July 18, 2010); Enter into a binding contract for construction within one year (June 17, 2012); Complete the Critical Design review within two years (June 17, 2013); Commence construction within three years (June 17, 2014); and Launch and begin operations within five years (June 17, 2016). 33. Hughes is afforded 30
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- -95 dBW/m2. Hughes proposes to operate with a maximum PFD of -119 dBW/m2/MHz in this band. This level corresponds to a maximum PFD of -95.99 dBW/m2/200 MHz. Consequently, the PFD limit in US 255 is met. 49DISCO II, 12 FCC Rcd at 24162, 157. 50Space Station Licensing Reform Order,18 FCC Rcd at 10826-27, 170-72, and 47 C.F.R. 25.165. 51Id. at 10826, 170. 52Id. at 10826-27, 172. 53Id. at 10875, 309. See also47 C.F.R. 25.137(d)(4). 54DISCO II, 12 FCC Rcd at 24170-72, 178-182. 55Weremind earth station operators that Ka-band earth stations in the United States may not access SPACEWAY 6 unless SPACEWAY 6 is listed as a point of communication in the earth station
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- 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); Amendment of the Commission's Space Station Licensing Rules and Policies, First Order on Reconsideration and Fifth Report and Order, IB Docket No. 02- 34, 19 FCC Rcd 12637 (2004), and 47 C.F.R. 25.165(d). S2469 SAT-MOD-20110420-00073 Intelsat License LLC On August 4, 2011, the Satellite Division designated the above-captioned proceeding as "permit-but-disclose" for purposes of the Commission's rules governing ex parte communications. We find that designating this proceeding as "permit-but-disclose" will facilitate communications with the parties. Thus, we designate IBFS File No. SAT-MOD-20110420-00073 as "permit-but-disclose," effective August 4, 2011. See 47 C.F.R. 1.1200(a),
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- 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); Amendment of the Commission's Space Station Licensing Rules and Policies, First Order on Reconsideration and Fifth Report and Order, IB Docket No. 02- 34, 19 FCC Rcd 12637 (2004), and 47 C.F.R. 25.165(d). S2469 SAT-MOD-20110420-00073 Intelsat License LLC On August 4, 2011, the Satellite Division designated the above-captioned proceeding as "permit-but-disclose" for purposes of the Commission's rules governing ex parte communications. We find that designating this proceeding as "permit-but-disclose" will facilitate communications with the parties. Thus, we designate IBFS File No. SAT-MOD-20110420-00073 as "permit-but-disclose," effective August 4, 2011. See 47 C.F.R. 1.1200(a),
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- 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); Amendment of the Commission's Space Station Licensing Rules and Policies, First Order on Reconsideration and Fifth Report and Order, IB Docket No. 02- 34, 19 FCC Rcd 12637 (2004), 47 C.F.R. 25.165(d). Accordingly, Hughes may reduce its bond to a value of $750,000. Page 2 of 2
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- 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); Amendment of the Commission's Space Station Licensing Rules and Policies, First Order on Reconsideration and Fifth Report and Order, IB Docket No. 02- 34, 19 FCC Rcd 12637 (2004), 47 C.F.R. 25.165(d). Accordingly, Hughes may reduce its bond to a value of $750,000. 313
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- 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); Amendment of the Commission's Space Station Licensing Rules and Policies, First Order on Reconsideration and Fifth Report and Order, IB Docket No. 02- 34, 19 FCC Rcd 12637 (2004), 47 C.F.R. 25.165(d). Accordingly, DIRECTV may reduce its bond to a value of $1,500,000. Page 2 of 2
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- 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); Amendment of the Commission's Space Station Licensing Rules and Policies, First Order on Reconsideration and Fifth Report and Order, IB Docket No. 02- 34, 19 FCC Rcd 12637 (2004), 47 C.F.R. 25.165(d). Accordingly, DIRECTV may reduce its bond to a value of $1,500,000. 2222
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- Intelsat 4's retirement at the beginning of 2010 rather than at the end of 2010 does not invoke the emergency replacement policy. Further, because Intelsat 706 did not begin operating at 72( E.L. until mid-2010, there was a gap in service at this location. Nevertheless, we will treat Intelsat 706 as a replacement satellite. In this regard, we waive Section 25.165(e)(2) of the Commission's rules. Section 25.165(e)(2) defines a replacement satellite as a satellite that is scheduled to be launched and brought into use before the existing satellite is retired. We may grant a waiver pursuant to Section 1.3 of the Commission's rules if there is good cause for such action. Good cause may be found ``where particular facts would make
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- in the Domestic Fixed-Satellite Service, 50 FR 36071, para 27 (Sept. 5, 1985); Space Station Licensing Reform Order,18 FCC Rcd at 10854; GE American Communications Corp., Order and Authorization, 10 FCC Rcd 13775 at 13775-76 (Int'l Bur. 1995); and Loral SpaceCom Corp., Order and Authorization, 13 FCC Rcd 16348, 16440 (Int'l Bur., Sat. and Rad. Div. 1995). 1247 C.F.R. 25.165(e)(1) and (2). 13 See, e.g.,Loral Spacecom Corp., Order and Authorization, 13 FCC Rcd 16438 (Sat. Div. 1998) (granted application filed in April 1997 requesting authority to launch and operate a ground spare as an emergency replacement for the Satcom IV satellite that suffered an in-orbit failure in January 1997); Volunteers in Technical Assistance, Order, 12 FCC Rcd 3094 (Int'l Bur.
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- and Order, IB Docket No. 02-34, 18 FCC Rcd 10760, 10854-55 (2003) (Space Station Licensing Reform Order). (Space Station Licensing Reform Order); GE American Communications Corp., Order and Authorization, 10 FCC Rcd 13775 at 13775-76 (Int'l Bur. 1995); and Loral SpaceCom Corp., Order and Authorization, 13 FCC Rcd 16348, 16440 (Int'l Bur., Sat. and Rad. Div. 1995). 47 C.F.R. 25.165(e)(1) and (2). (authorizing the launch and operation of Telstar 402R by December 1995, which was to serve as an emergency replacement satellite for the Telstar 402 satellite lost shortly after its launch in September 1994); Hughes Communications Galaxy, Inc., Memorandum Opinion, Order and Authorization, 8 FCC Rcd 5089 (1993) (granting Hughes's October 1992 application to construct, launch, and operate an
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- Satellite Limited Partnership (Ciel), SES Americom Inc. (SES Americom) and Pegasus Development DBS Corporation (Pegasus) filed comments. Comments filed by Ciel and SES Americom related to international coordination responsibilities. Pegasus filed comments with respect to each of the 17/24 GHz BSS applications pending at that time, seeking clarification of Sections 25.158(c) (prohibition on transfer of place in application queue) and 25.165 (bond requirement) of the Commission's rules. 47 C.F.R. 25.158(c), 25.165. Ciel's and SES Americom's comments were addressed in the DIRECTV RB-2 Order, 24 FCC Rcd at 9405, 32. The issues raised by Pegasus were addressed in Application of DIRECTV Enterprises, LLC to Amend its Pending Application for a 17/24 GHz BSS Authorization at the 107 W.L. Orbital Location,
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- Audio Radio Satellite (DARS) service must be filed electronically through the International Bureau Filing System (IBFS). In Appendix B of the First Report and Order and Further Notice of Proposed Rulemaking, Sections 25.140(e), (f), and (g) are removed and reserved. In Appendix B of the First Report and Order and Further Notice of Proposed Rulemaking, Section 25.149 is renumbered Section 25.165. The 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,
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- satellite at the 63.5W orbital location by (i) increasing the size of the L-band service link antenna; (ii) increasing the EIRP of the satellite; (iii) increasing the potential number of L-band spot beams; (iv) modifying the baseline air interface protocol from GMR only to GMR-2, S-cdma2000, and SW-CDMA; and (v) requesting a waiver of the bond requirement (47 C.F.R. sec. 25.165(a)). EchoStar Satellite L.L.C. S2615 SAT-LOA-20040210-00015E Launch and Operating Authority 02/10/2004 15:24:24:68300 Date Filed: EchoStar Satellite L.L.C. (EchoStar), formerly known as EchoStar Satellite Corporation, has filed an application for authority to construct, launch and operate a geostationary (GSO) satellite in the Fixed-Satellite Service (FSS) using allotted extended Ku-band frequencies (10.7-10.75 GHz and 11.2-11.45 GHz downlink; 12.75-13.0 GHz and 13.15-13.2 GHz uplink)
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- RPL to LOA) is without prejudice to the determination of its replacement status or waiver request. In addition to the bond and milestone waiver, Afrispace requests a waiver of Section 25.210(c) of the Commission's rules, 47 CFR 25.210(c), regarding attenuator values and a waiver of the "same coverage area" portion of the FCC's definition of "replacement satellite" in Section 25.165(e)(1) of the Commission's rules, 47 CFR 25.165(e)(1), to the extent necessary. Please note: All correspondence regarding this application should reference File No. SAT-LOA-20050311-00061. Page 1 of 1
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- location. Star One will provide Fixed-Satellite Service services from the Star One C1 satellite using the C-band and Ku-band frequencies throughout North, Central and South America, including much of the United States. Star One requests a waiver of certain milestones and a partial waiver of the requirement to post a $3 million bond pursuant to Sections 25.137, 25. 164 and 25.165 of the Commission's rules. In addition, Star One requests waivers of several technical rules: (1) Section 25.210(a)(3) of the rules requiring C-band transponders to have the capability of switching polarization sense upon ground command to permit flexibility in assignment of U.S. orbital positions and to mitigate potential interference between adjacent satellites transmitting analog TV signals; (2) Section 25.210(i) requiring satellite
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- 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 included in WildBlue's license, Call Sign E050033, either directly or
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- to "treat Pegasus as if it had filed two of the three pending applications for 17/24 GHz BSS band frequencies at 107 W.L. for purposes of division of the available bandwidth at that orbit location." DIRECTV has also filed a contingent partial waiver request of the following rules: 47 C.F.R. 25.158(c) (prohibition on transfer of place in application queue), 25.165 (bond requirement), and 25.116 (major amendment). DIRECTV states that this amendment relates to a broader agreement between and among DIRECTV, Intelsat North America LLC and Pegasus regarding applications at the "nominal 91 W.L., 99 W.L. and 107 W.L. orbital locations." S2154 SAT-MOD-20080825-00159 E Modification 08/25/2008 14:30:52:31600 Date Filed: Intelsat North America LLC Intelsat North America LLC requests authority to operate
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- MHz, 11.45-11.95 GHz, and 14.0-14.5 GHz frequency bands. PanAmSat states that the Intelsat 14 space station is a replacement for the Intelsat 1R space station (Call Sign S2368) currently operating at 45.0 WL. PanAmSat states that it is not required to post a bond for the Intelsat 14 space station since it is a replacement satellite as defined by Section 25.165(e) of the Commission's rules. In addition, PanAmSat seeks waivers of Sections 25.114(d)(3), 25.210(a)(2), 25.210(a)(3), and 25.210(i) of the Commission's rules. Page 1 of 1
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- 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 to operate
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- on its satellite. The satellite is capable of operating in the 24.75-25.25 GHz (Earth-to-space) and 17.3-17.8 GHz GHz(space-to-Earth) frequency bands. SES Americom does not seek operational authority for this 17/24 GHz BSS payload at the 101 W.L. orbital location. To the extent necessary, with respect to the 17/24 GHz BSS payload, SES Americom seeks waivers of Sections 25.140(b) and (c), 25.165(a), 25.210(f), and 25.114(d)(3). SES Americom states that it intends to file another application for purposes of obtaining authority to conduct in-orbit testing of the 17/24 GHz BSS payload at another location. S2740 SAT-STA-20100219-00031 E Special Temporary Authority 02/19/2010 18:35:57:26000 Date Filed: DISH Operating L.L.C. DISH Operating L.L.C. requests special temporary authority for a period of 180 days, commencing May 3,
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- 28.35-28.6 GHz and 29.25-29.5 GHz (Earth-to-space) frequency bands. In addition, Intelsat states that it no longer seeks authority for a beam that would have provided service to South America. Intelsat states that Galaxy KA will replace the Ka-band portion of the Galaxy 28 satellite at the 89 W.L. orbital location and should be treated as a replacement satellite under Section 25.165(e) of the Commission's rules. Accordingly, Intelsat requests grant of the amended application without milestones or bonds and outside the Commission's satellite processing "queue." S2358 SAT-MOD-20100405-00064 E Modification 04/05/2010 15:31:37:23000 Date Filed: SkyTerra Subsidiary LLC SkyTerra Subsidiary LLC requests a five-month extension, until October 31, 2010, of the launch and begin operations milestone for the SkyTerra 1 space station. SkyTerra also
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- construct and launch a 17/24 GHz broadcasting-satellite service payload on its satellite. The satellite is capable of operating in the 24.75-25.25 GHz (Earth-to-space) and 17.3-17.8 GHz (space-to-Earth) frequency bands. SES Americom does not seek operational authority for this 17/24 GHz BSS payload. To the extent necessary, with respect to the 17/24 GHz BSS payload, SES Americom seeks waivers of Sections 25.165(a), 25.210(f), and 25.114(d)(3) of the Commission's rules. In addition, SES Americom states that the SES-2 space station will host a Federal Government-licensed payload for which SES Americom is not seeking FCC authorization. Page 1 of 1
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- within the United States and between the United States and certain other countries. New Skies states that the frequencies requested for market access by SES-4 are the same as those now being operated on NSS-7, except for the 13750-14000 MHz uplink frequency band, which only exists on SES-4. SES requests waivers of Sections 25.202(a), 25.210(a)(1) and (3), 25.210(i), 25.211(a), and 25.165 of the Commission's rules in connection with its requests. Page 1 of 1
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- 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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- 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 Filed: Intelsat
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- United States, including but not limited to the following: (1) * * * (4) For non-U.S.-licensed satellites that are not in orbit and operating, a bond must be posted. This bond must be in the amount of $5 million for NGSO satellite 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
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- United States, including but not limited to the following: (1) * * * (4) For non-U.S.-licensed satellites that are not in orbit and operating, a bond must be posted. This bond must be in the amount of $5 million for NGSO satellite 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
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- two mutually exclusive GSO-like applications are filed in the same millisecond, the Commission considers them together, and if both applicants are qualified and both applications are otherwise grantable, the Commission licenses each to operate in half the spectrum at that orbit location. The Commission excluded DBS from the revised space station processing rules (including the performance bond requirements of Section 25.165) because, at that time, the Commission used competitive bidding to award DBS licenses. DBS Operations in the United States from Locations with Nine-Degree Orbital Spacing Full-CONUS Operations: Two companies hold Commission authorizations to provide service from the full-CONUS orbital locations. EchoStar, through its affiliates, is authorized to provide DBS service using 21 channels at the 119 W.L. orbital location and
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- location. See ITU Radio Regulations, Articles 7, 8, 9, and 11. 47 C.F.R. 25.164. Under this milestone schedule, the licensee must enter into a binding, non-contingent construction contract within one year of grant; complete critical design review within two years; begin construction within three years; and launch and operate the satellite within five years of grant. 47 C.F.R. 25.165. 47 C.F.R. 25.159. See, e.g., 47 C.F.R. 25.143(e) (reporting requirements for 1.6/2.4 GHz mobile-satellite service (MSS) and 2 GHz MSS; 25.144(c) (reporting requirements for satellite digital audio radio service (SDARS); 25.145(f) (reporting requirements for fixed-satellite service in the 20/30 GHz bands); 25.10(l) (reporting requirements for FSS in the 4/6 GHz band). Other elements of the annual reports include
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- location. See ITU Radio Regulations, Articles 7, 8, 9, and 11. 47 C.F.R. 25.164. Under this milestone schedule, the licensee must enter into a binding, non-contingent construction contract within one year of grant; complete critical design review within two years; begin construction within three years; and launch and operate the satellite within five years of grant. 47 C.F.R. 25.165. 47 C.F.R. 25.159. See, e.g., 47 C.F.R. 25.143(e) (reporting requirements for 1.6/2.4 GHz mobile-satellite service (MSS) and 2 GHz MSS; 25.144(c) (reporting requirements for satellite digital audio radio service (SDARS); 25.145(f) (reporting requirements for fixed-satellite service in the 20/30 GHz bands); 25.10(l) (reporting requirements for FSS in the 4/6 GHz band). Other elements of the annual reports include
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- The situation involving Rainbow is on point, and we see no reason to upset that determination and the public interest for the benefit of one licensee. Public Notice, Policy Branch Information, Report No. SAT-00179 (Nov. 26, 2003). Public Notice, Policy Branch Information, 19 FCC Rcd 77 (2004). Public Notice, Policy Branch Information, 20 FCC Rcd 7808 (2005). 47 C.F.R. 25.165(d). Letter to Marlene H. Dortch, Secretary, FCC from David A. Deitch, S.V.P. and General Counsel (January 30, 2006) (Rainbow Letter). Rainbow Letter. Rainbow February Letter at 2. Rainbow also notes that its efforts to expand the VOOM service included participating in Auction 52 for additional DBS frequencies at 166 W.L. and 175 W.L. Auction 52 was subsequently nullified, and Rainbow
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- The situation involving Rainbow is on point, and we see no reason to upset that determination and the public interest for the benefit of one licensee. Public Notice, Policy Branch Information, Report No. SAT-00179 (Nov. 26, 2003). Public Notice, Policy Branch Information, 19 FCC Rcd 77 (2004). Public Notice, Policy Branch Information, 20 FCC Rcd 7808 (2005). 47 C.F.R. 25.165(d). Letter to Marlene H. Dortch, Secretary, FCC from David A. Deitch, S.V.P. and General Counsel (January 30, 2006) (Rainbow Letter). Rainbow Letter. Rainbow February Letter at 2. Rainbow also notes that its efforts to expand the VOOM service included participating in Auction 52 for additional DBS frequencies at 166 W.L. and 175 W.L. Auction 52 was subsequently nullified, and Rainbow
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- 7. EchoStar Comments at 18. DIRECTV Reply Comments at 10 (citing Second Round Assignment of Geostationary Satellite Orbit Locations to Fixed Satellite Service Space Stations in the Ka-band, Order, 16 FCC Rcd 14389 (2001)). Space Station Reform NPRM, 17 FCC Rcd at 3852, para. 11. ). 17/24 GHz BSS NPRM, 21 FCC Rcd at 7433, para. 10. 47 C.F.R. 25.165(a)(2). 47 C.F.R. 25.164(a). Under this milestone schedule, the licensee must enter into a binding, non-contingent construction contract within one year of grant; complete critical design review within two years; begin construction within three years; and launch and operate the satellite within five years of grant. 47 C.F.R. 25.165. 47 C.F.R. 25.159. See First Space Station Licensing Reform
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- system.'' This issue will be addressed in the context of NGST's applications. Amendment of the Commission's Space Station Licensing Rules and Policies, First Report and Order and Further Notice of Proposed Rulemaking in IB Docket No. 02-34 and First Report and Order in IB Docket No. 02-54, 18 FCC Rcd 10760 (2003) (Space Station Licensing Reform Order). 47 C.F.R. 25.165. Space Station Licensing Reform Order, 18 FCC Rcd at 10866. Establishment of Policies and Service Rules for the Non-Geostationary Satellite Orbit, Fixed Satellite Service in the Ka-Band, Report and Order, IB Docket No. 02-19, 18 FCC Rcd 14708 (2003) (Ka-band NGSO Report and Order). Ka-band NGSO Report and Order, 18 FCC Rcd at 14723. The bond amount for NGSO-like systems
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- of the NGSO satellites into operation within six years of grant. AtContact was also required to begin physical construction of the four GSO satellites within three 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
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- of the NGSO satellites into operation within six years of grant. AtContact was also required to begin physical construction of the four GSO satellites within three 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
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- (the ``Bankruptcy Code''), in which the winning bidder is the debtor, the bankruptcy court would not treat the LOC or proceeds of the LOC as property of the winning bidder's bankruptcy estate (or the bankruptcy estate of any other bidder-related entity requesting the issuance of the LOC) under Section 541 of the Bankruptcy Code. See, e.g., 47 C.F.R. 25.137, 25.165. Because we propose below to delegate jointly to the Wireless Bureau and the Wireline Bureau the authority to determine the method and procedures by which parties submit documents and information required to receive Mobility Fund support, we do not propose here specific filing procedures for these reports. 47 U.S.C. 254(e). See, e.g., Schools and Libraries Universal Service Support Mechanism,
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- of the United States Code, in which the winning bidder is the debtor, the bankruptcy court would not treat the LOC or proceeds of the LOC as property of the winning bidder's bankruptcy estate (or the bankruptcy estate of any other bidder-related entity requesting the issuance of the LOC) under 11 U.S.C. 541. See, e.g., 47 C.F.R. 25.137, 25.165. See 31 U.S.C. 1341, 1517; OMB Circular No. A-11, Preparation, Submission and Execution of the Budget 145, App. G (July 21, 2010). Because we propose below to delegate to the Wireline Competition Bureau and the Wireless Telecommunications Bureau the authority to determine the method and procedures by which parties submit documents and information required to receive support, we