FCC Web Documents citing 25.116
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- "commonly owned carriers" within the meaning of Section 62.2 of the Commission's Rules. MCI WorldCom states that grant of this request would serve as a blanket authorization for the merged company and its subsidiaries to have and maintain common officers and directors without further prior application to the Commission. 4. REQUEST FOR EXEMPTION Under 47 C.F.R. 22.123(a), 24.423(g)(3), 24.823(g)(3), 25.116(b)(3), 90.164(b), and 101.29(c)(4), Applicants have requested a blanket exemption from cut-off rules that may apply to applications under Parts 22, 24, 25, 90 and 101. 5. GENERAL INFORMATION The Commission reserves the right to return any application if, upon further examination, it is determined to be defective and not in conformance with the Commission's Rules or policies. Final action will
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- market. Given that there are no substantial concerns regarding harm to competition resulting from this transaction, these stated benefits are sufficient to establish that authorization of this transaction will serve the public interest. C. Waiver of Cut-off Rules Columbia does not have any applications pending in any processing round. Nevertheless, the Applicants seek waiver of the "cut-off" rules in Section 25.116. Section 25.116(b)(3) of the Commission's rules states that an amendment specifying a substantial change in beneficial ownership of an applicant that requires an application under Section 301(d) of the Act is a major amendment. Section 25.116(c)(2) states that the Commission will consider an application newly filed if it is amended by major amendment filed after the "cut-off" date applicable to
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- for Hughes Communications Galaxy, Inc.), and Joseph Godles (Counsel for PanAmSat Licensee Corp.) to Thomas S. Tycz, Chief, Satellite and Radiocommunication Division, FCC (October 23, 1997). December 1997 Reassignment Order, 12 FCC Rcd 22004. Loral Space & Communication Ltd. and Orion Network Systems, Inc., et al., Order and Authorization, 13 FCC Rcd 4592 (Int'l Bur. 1998) (``Loral/Orion Merger Order''). Section 25.116(c) of the Commission's rules provides generally that if a major amendment to a processing round application, such as a transfer of control, is submitted after a cut-off date, the application will be considered to be newly filed, and will lose its status in the processing group. 47 C.F.R. 25.116(c). In granting the merger of Loral Ltd. and Orion Network,
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- for Hughes Communications Galaxy, Inc.), and Joseph Godles (Counsel for PanAmSat Licensee Corp.) to Thomas S. Tycz, Chief, Satellite and Radiocommunication Division, FCC (October 23, 1997). December 1997 Reassignment Order, 12 FCC Rcd 22004. Loral Space & Communication Ltd. and Orion Network Systems, Inc., et al., Order and Authorization, 13 FCC Rcd 4592 (Int'l Bur. 1998) (``Loral/Orion Merger Order''). Section 25.116(c) of the Commission's rules provides generally that if a major amendment to a processing round application, such as a transfer of control, is submitted after a cut-off date, the application will be considered to be newly filed, and will lose its status in the processing group. 47 C.F.R. 25.116(c). In granting the merger of Loral Ltd. and Orion Network,
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- Information Administration, to Dale Hatfield, Chief, Office of Engineering and Technology, Federal Communications Commission (March 29, 2000). Astrolink Comments at 5. Boeing Second Technical Supplement at 2-5. Astrolink Comments at 5. Id. at 6. See 47 C.F.R. 25.203(j). See Hughes Petition at 3-7; PanAmSat 2000 Petition at 3; see also Astrolink Comments at 2-3. See generally 47 C.F.R. 25.116. . Id. (emphasis added). Boeing Opposition and Response at 10. See Public Notice, Report No. SPB-106, 13 FCC Rcd 8020, 8021-22 (1997). Hughes Petition at 2 (citing Public Notice, Report No. SPB-141 (rel., November 2, 1998)). Id. at 2. Application of Globalstar, L.P. For Authority to Launch and Operate a Mobile-Satellite Service System in the 2 GHz Band, Order and
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- are protected against interference from stations of ``secondary'' services. Moreover, stations operating in a secondary service cannot claim protection from harmful interference from stations of a primary service. ``Co-Primary'' services have equal rights to operate in particular frequencies. See 47 C.F.R 2.104(d) and 2.105(c). 1998 Celsat Amendment at 2. 2000 Celsat Amendment at pp. 2-3. See 47 C.F.R. 25.116 2 GHz MSS Order, 15 FCC Rcd at 16157 71. 47 C.F.R. 25.258. 1998 Celsat Amendment at 2. 2000 Celsat Amendment at pp. 2-3. See 28 GHz Band First Report and Order, 11 FCC Rcd 19005, as modified in 18 GHz Band Report and Order, 15 FCC Rcd at 13443 28. See 47 C.F.R. 2.106 US334.
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- changes due to the consummation of several transactions by its parent companies that resulted in its present ownership structure. Because such ownership changes might be construed as major amendments to its underlying application that would require the Commission to treat the underlying application as being a newly filed application, each amendment requested exemption from the ``cut-off'' rule pursuant to Section 25.116 of the Commission's rules in order to permit continued processing of DirectCom's application in the Second Round. Loral Space and Communications, Ltd. (``Loral''), Hughes Communications Galaxy, Inc. and Hughes Communications, Inc. (``Hughes''), Motorola, Inc. (``Motorola''), and Pegasus Development Corporation (``Pegasus'') filed comments and petitions to dismiss or deny DirectCom's application. These filings relate to three issues: choice of orbital locations;
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- uncertainty over what downlink spectrum would be available and thus it decided not to seek more than 500 megahertz each for its uplink and downlink operations. EchoStar further states it did not have the ``lucky foresight'' to request the precise amount of spectrum that was to become available. EchoStar asserts that its request is a minor modification pursuant to Section 25.116 (b) of the Commission's rules, and therefore, should be treated as part of the first processing round. EchoStar claims that the modification does not constitute a change in proposed frequencies or orbital locations to be used, but rather seeks the ``full complement'' of frequencies the Commission states is necessary to operate a GSO FSS system. It also states that its
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- business markets in the United States. In addition, pursuant to our review under Section 310(b)(4) of the Act, we find that it will not serve the public interest to prohibit the proposed indirect foreign ownership of GE Americom by SES Global in excess of the statutory 25 percent benchmark. Finally, we grant the Applicants' request for an exemption from Section 25.116(c) of the Commission's rules in order to preserve the filing status of its pending satellite applications. BACKGROUND The Applicants 1. GE Capital and the Americom Licensees GE Capital, based in Stamford, Connecticut, is a wholly owned subsidiary of GE Capital Services, Inc., a wholly owned subsidiary of General Electric Company. GE Capital provides a broad range of global financing services,
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- ORDER On January 10, 2001, Motorola, Inc. and Teledesic LLC (``Applicants'') filed an application for consent to assign Motorola's license for launch and operation of a satellite system at the 91 W.L., 87 W.L., 77 W.L. and 75 W.L. orbital locations (FCC File No. SAT-ASG-20010109-00005). In the same pleading, Teledesic also requested exemption from the ``cut-off'' rule, pursuant to Section 25.116(c)(2) of the Commission's rules, in the event that certain applications were to be amended to designate Teledesic as the applicant instead of Motorola. On June 7, 2001, the International Bureau (``Bureau'') directed the Applicants to submit additional information deemed relevant to these matters. The Applicants responded to the Bureau's request on June 15, 2001, at which time they jointly requested
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- ORDER On January 10, 2001, Motorola, Inc. and Teledesic LLC (``Applicants'') filed an application for consent to assign Motorola's license for launch and operation of a satellite system at the 91 W.L., 87 W.L., 77 W.L. and 75 W.L. orbital locations (FCC File No. SAT-ASG-20010109-00005). In the same pleading, Teledesic also requested exemption from the ``cut-off'' rule, pursuant to Section 25.116(c)(2) of the Commission's rules, in the event that certain applications were to be amended to designate Teledesic as the applicant instead of Motorola. On June 7, 2001, the International Bureau (``Bureau'') directed the Applicants to submit additional information deemed relevant to these matters. The Applicants responded to the Bureau's request on June 15, 2001, at which time they jointly requested
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- application, KaStarCom requested 1000 megahertz of Ka-band spectrum at the 175 W.L. and 52 E.L. orbital locations. It later amended its application and changed its requested orbital locations to the 73 W.L. and 109.2 W.L. orbital locations using 500 megahertz of Ka-band spectrum at each orbital location and 1000 megahertz at the 111 W.L. orbital location. Under Section 25.116 of the Commission's rules, if a space station application amendment is characterized as a ``major'' amendment the entire application must be treated as newly filed and the applicant loses its status in any ongoing processing round. The Commission's rules also provide an exception for applications that do not create new or increased frequency conflicts. In the Second Round GSO Orbital
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- a Commissioner's assistant, or other decision-making staff member, that, if written, is not served on other parties to the proceeding or, if oral, is made without an opportunity for all parties to be present. 47 C.F.R. 1.1201. See Commission Emphasizes the Public's Responsibilities in Permit-But-Disclose Proceedings, Public Notice, FCC 00-358, 15 FCC Rcd 19945 (2000). See 47 C.F.R. 25.116. See FCC Announces a New Filing Location for Paper Documents and a New Fax Number for General Correspondence, Public Notice, DA 01-2919 (rel. Dec. 14, 2001)> Some of the listed Licensees are subject to grant of a pending pro forma assignment and/or name correction. * These applications are for new licenses because aviation licenses do not transfer. (...continued from
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- ICO has an LOI pending in the 2 GHz MSS space station processing round. This processing round was established pursuant to public notices in which the Commission established filing deadlines for applications and LOIs. Applications or LOIs filed after a cut-off date are not entitled to comparative consideration with applications or LOIs filed on or before the cut-off date. Section 25.116(c) of the Commission's rules provides generally that if a major amendment to a processing round application is submitted after a cut-off date, the application will be considered to be newly filed, and will lose its status in the processing group. Section 25.116(b)(3) defines a major amendment as, inter alia, one that ``specifies a substantial change in beneficial ownership or control''
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- first Ka-band processing round; rather, according to CAI, we should consider these locations for assignment in the second Ka-band processing round. CAI raises several arguments in support of this assertion. CAI first claims that by filing orbit location reassignment requests, Lockheed, Loral Ltd., PanAmSat, and Orion declined their Ka-band authorizations and submitted ``major amendments'' to their underlying satellite applications. Section 25.116(c) of the Commission's rules provides generally that if a major amendment to an application being considered in a processing round is submitted after a cut-off date, the application is considered to be newly filed, and loses its status in the processing group. Section 25.116(b)(1) provides that amendments to change requested orbit locations are considered major amendments. CAI argues that the
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- the correct information for filing space and earth stations applications. Legal Basis: 47 USC 154, 301, 302, 303, 307, 309, 332. Section Number and Title: 25.110 Filing of applications, fees, and number of copies. 25.111 Additional information. 25.112 Defective applications. 25.113 Construction permits, station licenses, launch authority. 25.114 Applications for space station authorizations. 25.115 Application for earth station authorizations. 25.116 Amendments to applications. 25.117 Modification of station license. 25.118 Modifications not requiring prior authorization. 25.119 Assignment or transfer of control of station authorization. 25.120 Application for special temporary authorization. 25.121 License term and renewals. 25.130 Filing requirements for transmitting earth stations. 25.132 Verification of earth station antenna performance standards. 25.143 Licensing provisions for the 1.6/2.4 GHz mobile-satellite service. 25.145 Licensing
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- these companies hold at the 110 W.L. orbital location, EchoStar holds authorization to provide DBS service from 21 frequencies at the 119 W.L. orbital location, and DirecTV has authorization to provide DBS service from 11 frequencies at the 119 W.L. orbital location and 32 frequencies at the 101 W.L. orbital location. See 47 U.S.C. 309 and 47 C.F.R. 25.116. See Applicants' Opposition to Petition to Deny and Reply Comments, CS Docket No. 01-348, filed February 25, 2002. The Commission has committed to expeditiously review proposed transactions by establishing an aggressive 180-day review period. On March 7, 2002, (Day 77), the Commission stopped the 180-day review period of the Transfer of Control Application because of the Applicants' failure to provide
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- Amendment Application on Underlying License Application As an initial matter, the Bureau affirms its conclusion that by amending an application, the applicant in effect replaces its original application with a new amended application. Accordingly, the Bureau in effect denied Columbia's 1987 application when it denied Columbia's amendment request. Columbia does not raise any persuasive arguments to reconsider this decision. Section 25.116 governs amendments to satellite applications, and includes requests to change an orbit location in the definition of a "major amendment." Section 25.116 also states that an application will be treated like a newly filed application if it is amended by a major amendment, except under certain circumstances related to processing rounds not relevant here. Columbia did not request a waiver
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- to maintain adequate funding for the continued operation of the Globalstar system and to facilitate the emergence of the system from bankruptcy. The Applicants also filed an amendment to a pending application of GLP for a space station license in the V-band to reflect the substitution of New Globalstar for GLP as the applicant, and request an exemption from Section 25.116(c) of the Commission rules in order to preserve the filing status of this pending application following consummation of the proposed transaction. THE PARTIES GLP manages the international MSS business for the Globalstar system and owns directly or through subsidiaries most of the facilities used in the business. GLP and three wholly owned subsidiaries filed for Chapter 11 bankruptcy protection on
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- 03-2402 (released July 23, 2003). For more on the fungibility policy, see First Space Station Reform Order, 18 FCC Rcd at 10820-22 (paras. 155-59). First Space Station Reform Order, 18 FCC Rcd at 10888 (new Section 1.1113(d)). See First Space Station Reform Order, 18 FCC Rcd at 10852 (para. 244) (applications must be substantially complete when filed), 10889 (new Section 25.116(b)(5)) (amendments to defective applications will not be considered). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 Q gd7 @ h7 h7 h7 h7 h7 h7 h7 h7 @ PNG r v "r9 I'6 dY͆aX ; Wh X,aXy]\\.W`hva6l! v"]Vat-``````"m(c)x
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- IB Docket Nos. 02-34 and 00-248, 18 FCC Rcd 13486, 13514-15 (paras. 83-85) (2003) (Second Further Notice). Fourth Report and Order, 19 FCC Rcd at 7421 (para. 5). Fourth Report and Order, 19 FCC Rcd at 7421-22 (para. 5). Fourth Report and Order, 19 FCC Rcd at 7428-31 (App. A). Specifically, the Commission adopted revisions to Sections 25.110, 25.114, 25.115, 25.116, 25.117, 25.118(a), 25.130, and 25.131 of the Commission's rules, 47 C.F.R. 25.110, 25.114, 25.115, 25.116, 25.117, 25.118(a), 25.130, 25.131. See 69 FR 55516 (Sept. 15, 2004). In that public notice, the Commission announced that the effective date of these rules was August 24, 2004, the date the Commission received approval from the Office of Management and Budget (OMB) for
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- for mobile earth terminals (``METs''), and three international Section 214 authorizations, all of which are held by GLP's subsidiaries or its affiliate, LQL. The Applicants also filed an amendment to a pending application of GLP for a space station license in the V-band to reflect the substitution of NGLLC for GLP as the applicant, and request an exemption from Section 25.116(c) of the Commission rules in order to preserve the filing status of this pending application following consummation of the proposed transaction. Finally, the Applicants filed an amendment to a pending application of GLP for a transmit/receive earth station in Clifton, Texas, for operational testing of the Globalstar nongeostationary satellite constellation. THE PARTIES GLP operates the international MSS business for the
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- the consummation date, to reflect the transaction as approved by the Commission in its January 2004 Order. ORDERING CLAUSES IT IS HEREBY ORDERED pursuant to sections 4(i) and 4(j), 214(a), 214(c), 309, and 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 214(a), 214(c), 309, 310(d), that the Applicants' request for an exemption under Section 25.116(c)(2) of the Commission rules, 47 C.F.R. 25.116(c)(2), for pending applications filed subject to a cut-off date, is MOOT. IT IS FURTHER ORDERED, that the grant of the transfer of control in the January 2004 Order shall include authority for the transfer of control to News Corp. of: any authorization issued to Hughes or its subsidiaries during the Commission's consideration
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- Vice President, XM Radio Inc., to Marlene Dortch, Secretary, dated August 20, 2004 (August 20 Letter). August 20 Letter at 2. August 20 Letter at 2. XM Radio Modification Application, at 1. We note that this authorization specifically does not extend to any in-orbit testing of XM-3 or XM-4 at orbital locations other than those authorized herein. 47 C.F.R. 25.116(b)(1) and 25.151. XM Radio Modification Application at 4-5. XM Radio states that it will seek further Commission approval if it later decides to move XM-Rock or XM-Roll to another orbital location. Id. at 5 n.11. See supra, para. 21. August 20 Letter at 2. See supra, para. 22. 47 C.F.R. 25.283(a). See also Mitigation of Orbital Debris, Second Report
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- and 6666.20-6686.70 MHz (Earth-to-space) frequency bands for feeder uplinks and in the 1166.20-1186.70 MHz (space-to-Earth) and the 1565.17-1585.67 MHz (space-to-Earth) frequency bands for RNSS service downlinks, in accordance with the terms, conditions, and technical specifications set forth in its application, as amended, and this Order and Authorization. 34. IT IS FURTHER ORDERED that Lockheed Martin Corporation's request to waive Section 25.116(b)(1) of the Commission's rules IS DENIED. 35. IT IS FURTHER ORDERED that Lockheed Martin Corporation's request to waive Section 25.165 of the Commission's rules IS DENIED. 36. IT IS FURTHER ORDERED that the Boeing Company's 1999 Petition to Deny and PanAmSat Satellite Corporation's 1999 Petition to Deny in Part are DISMISSED AS MOOT. 37. IT IS FURTHER ORDERED that the
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- and 6666.20-6686.70 MHz (Earth-to-space) frequency bands for feeder uplinks and in the 1166.20-1186.70 MHz (space-to-Earth) and the 1565.17-1585.67 MHz (space-to-Earth) frequency bands for RNSS service downlinks, in accordance with the terms, conditions, and technical specifications set forth in its application, as amended, and this Order and Authorization. 34. IT IS FURTHER ORDERED that Lockheed Martin Corporation's request to waive Section 25.116(b)(1) of the Commission's rules IS DENIED. 35. IT IS FURTHER ORDERED that Lockheed Martin Corporation's request to waive Section 25.165 of the Commission's rules IS DENIED. 36. IT IS FURTHER ORDERED that the Boeing Company's 1999 Petition to Deny and PanAmSat Satellite Corporation's 1999 Petition to Deny in Part are DISMISSED AS MOOT. 37. IT IS FURTHER ORDERED that the
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- the Table of Frequency Allocations, 47 C.F.R. 2.106. 19. IT IS FURTHER ORDERED, that New ICO Satellite Services G.P.'s request for waiver to conduct TT&C in the C-band during transit to the 114.75 W.L. orbital location or during emergencies IS DENIED. 20. IT IS FURTHER ORDERED, that New ICO Satellite Services G.P.'s request for waiver of 47 C.F.R. 25.116(b) and (d), to maintain its status in the application processing queue, is DENIED. 21. IT IS FURTHER ORDERDED, that this reservation of spectrum for the 114.75 W.L. orbital location shall become null and void in the event the space station is not constructed, launched, and placed into orbit in accordance with the technical parameters and terms and conditions of this
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- to the 92.85 W.L. orbital location or during emergencies, IS DENIED. 26. IT IS FURTHER ORDERED, that New ICO Satellite Services G.P.'s request for waiver to conduct TT&C in the C-band during transit to the 92.85 W.L. orbital location or during emergencies IS DENIED. 27. IT IS FURTHER ORDERED that New ICO Satellite Services G.P.'s request for waiver of sections 25.116(b) and (d) of the Commission's rules, 47 C.F.R. 25.116(b) and (d), is DISMISSED AS MOOT. 28. 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
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- Consent to Transfer Control of Authorizations Held by New Skies Networks, Inc., Public Notice, IB Docket No. 06-23, DA 06-118 (Int'l Bur. Jan. 20, 2006). Pursuant to the Commission's rules, we find that the minor amendments to the Applications, inserting a new wholly-owned Netherlands subsidiary into the proposed ownership chain, did not require additional public notice. See 47 C.F.R. 25.116, 25.151. The insertion of the new wholly-owned Netherlands subsidiary into the previously-proposed chain of ownership that involved other Netherlands subsidiaries is a non-substantial change to each of the Applications. 47 U.S.C. 310(d), 47 C.F.R. 0.261. See 47 C.F.R. 25.137(g). The Commission considers national security, law enforcement, foreign policy, and trade policy concerns when analyzing a transfer of
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- any of the currently pending 17/24 GHz BSS applications are amended to request a new orbital location and/or to make other ``major'' changes, it will be considered a newly filed application and will lose its status relative to applications already in the processing queue. See 17/24 GHz BSS Reconsideration Order 22 FCC Rcd at17964 n. 73 (citing 47 C.F.R. 25.116(d)); International Bureau Establishes Deadline for Amendments to Pending 17/24 GHz BSS Applications, Public Notice, Report No. SPB-223, DA 07-4895, n. 10 (rel. Dec. 5, 2007). 47 C.F.R. 25.156, 25.158. EchoStar Satellite, LLC, Order, DA 05-1955 (rel. July 6, 2005) (denying an application that would conflict with a previously licensed space station). 17/24 GHz BSS Report and Order, Appendix F
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- term of 0.06 dB for Miami is appropriate, resulting in a total gaseous loss (including dry air and minimal amounts of water vapor) of 0.13 dB. February 25 Spectrum FiveLetter at 10. February 25 Spectrum Five Letter at 8-9. See Space Station Reform Order, 18 FCC Rcd at 10852 (para. 244). December 19 Spectrum Five Letter at 7 (citing Section 25.116(b)(5), which states that ``amendments to defective space station applications ...will not be considered''). Space Station Reform Order, 18 FCC Rcd at 10852 (para. 244). Space Station Reform Order, 18 FCC Rcd at 10805-06 (para. 112). International Bureau to Streamline Satellite and Earth Station Processing, Public Notice, SPB-140 (rel. Oct. 28, 1998) (1998 Streamlining Public Notice). Space Station Reform NPRM, 17
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- attenuation term of 0.06 dB for Miami is appropriate, resulting in a total gaseous loss (including dry air and minimal amounts of water vapor) of 0.13 dB. 53February 25 Spectrum FiveLetter at 10. 54February 25 Spectrum Five Letter at 8-9. SeeSpace Station Reform Order, 18 FCC Rcd at 10852 (para. 244). 55December 19 Spectrum Five Letter at 7 (citing Section 25.116(b)(5), which states that "amendments to defective space station applications ...will not be considered"). 56Space Station Reform Order, 18 FCC Rcdat 10852 (para. 244). 57Space Station Reform Order, 18 FCC Rcdat 10805-06 (para. 112). 58International Bureau to Streamline Satellite and Earth Station Processing, Public Notice, SPB-140 (rel. Oct. 28, 1998) (1998 Streamlining Public Notice). 9401 Federal Communications Commission DA 09-1624 prior
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- 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 Commission. Policy Branch Information, Satellite Space Applications Accepted for Filing, Public Notice, Report No. SAT-556
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- 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 Commission. 23Policy Branch Information, Satellite Space Applications Accepted for Filing, Public Notice, Report No. SAT-556
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- held by the MGH Subsidiaries or applications for STAs that are pending at the time of consummation. Applicants state that, following the closing of the proposed transaction, the MGH Subsidiaries will supplement their pending applications as required under the Commission's rules, 47 C.F.R. 1.65, to reflect the new ownership structure. Applicants also request, pursuant to sections 1.927(h), 1.929(a)(2), and 25.116(b)(4) of the Commission's rules, a blanket exemption from applicable cut-off rules in matters where the MGH subsidiaries file amendments to pending applications to reflect consummation of the proposed transfer of control. EX PARTE STATUS OF THIS PROCEEDING This proceeding shall be treated as a ``permit-but-disclose'' proceeding in accordance with the Commission's ex parte rules. Persons making ex parte presentations must
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- (STA) held by the MGH Subsidiaries or applications for STAs that are pending at the time of consummation. Applicants statethat, following the closing of the proposed transaction, the MGH Subsidiaries will supplement their pending applications as required under the Commission's rules, 47 C.F.R. 1.65, to reflect the new ownership structure.4 Applicants also request, pursuant to sections 1.927(h), 1.929(a)(2), and 25.116(b)(4) of the Commission's rules,5a blanket exemption from applicable cut-off rules in matters where the MGH subsidiaries file amendments to pending applications to reflect consummation of the proposed transfer of control. EX PARTESTATUS OF THIS PROCEEDING This proceeding shall be treated as a "permit-but-disclose" proceeding in accordance with the Commission's ex parte rules.6Persons making ex parte presentations must file a copy
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- 21, 2011). 47 C.F.R. 25.114(d)(15)(iv), 25.114(d)(18), 25.264(a), (b), (c), (d) and (f). We remind applicants and authorization holders that all U.S. DBS space stations must be treated as prior-filed in accordance with 47 C.F.R. 25.264(b)(1). 17/24 GHz Second R&O, at 24, 50. 47 C.F.R. 25.264(c) and (d). 47 C.F.R. 25.264(a) and (b). 47 C.F.R. 25.116(e), 26.117(c). 17/24 GHz Second R&O, at 29, 62. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 $ % PNG r v "r9 I'6 dY͆aX ; Wh X,aXy]\\.W`hva6l! v"]Vat-``````"m(c)x
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- will be placed on public notice as accepted for filing.10Applications that are not substantially complete will be returned to the applicant as defective. For further information, contact Lynne Montgomery, Attorney Advisor, Satellite Division, at 202-418- 2229. [-FCC-] 617/24 GHz Second R&O, at 24, 50. 747 C.F.R. 25.264(c) and (d). 847 C.F.R. 25.264(a) and (b). 947 C.F.R. 25.116(e), 26.117(c). 1017/24 GHz Second R&O, at 29, 62. 373
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- a total change of ownership, while NCEC's change in ownership resulted in its entire board being replaced. Moreover, Constellation's change of ownership took place over a period of three and a half years, whereas NCEC's total board change occurred at once. Finally, that case involved mobile satellite systems rather than the NCE service. Although the language of 47 C.F.R. 25.116 is analogous to that of 47 C.F.R. 73.3573 with respect to an applicant's major change in ownership, different services present different factual and policy issues in connection with a waiver request. Where, as here, the Commission has specifically delineated the factors it will consider for a waiver request in the NCE context, a decision in the mobile satellite service
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- Loral as a new entrant. GE Americom's concern will be addressed separately in connection with those proceedings. Pursuant to Section 1.65 of the Commission's Rules, Loral and AT&T will be required in the next thirty days to amend the applications that each filed in the processing round to reflect the change in ownership approved by this order. Pursuant to Section 25.116(c)(2) and relevant precedent, we : On January 11, Telstar 401 experienced an abrupt failure. However, the authorization for Telstar 401 continues to be valid. Matters related to this event will be addressed separately, in response to any filings AT&T or Loral submit concerning replacement authorizations. 3 See In the Matter of Assignment of Orbital Locations to Space Stations in the
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 97-1327 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, B.C. 20554 In the Matter of Satellite CD Radio, Inc. Request for a Declaratory Ruling for Further Exemption Pursuant to 47 C.F.R. 25.116(c)(2). File Nos. 49/50-DSS-P/L-90, 58/59-DSS-AMEND-90, 44/45- DSS-AMEND-92. DECLARATORY ORDER Adopted: June 25, 1997 Released: June 26, 1997 By the Chief, International Bureau: I. INTRODUCTION 1. By this Order we conditionally grant Satellite CD Radio, Inc.'s ("CD Radio") Request for Declaratory Ruling and exempt it from Section 25.116(c) of the Commission's rules ("the cut off rule") which requires the Commission to consider
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- 8. Id. SeeInreRequestofMCICommunicationsCorporationBritishTelecommunicationsPLC,9FCCRcd 3960at II(1994).IndeterminingwhethertoallowMCItoincreaseitscapitalstockfrom28to35 percent,oneofthefactorsthattheInternationalBureauexaminedwaswhethertheforeignownership investorshavetheinterestorabilitytocontrolthelicensee. SeeLetterfromCarlR.FranktoWilliamCaton,ExhibitVII,datedSeptember9,1997. SeeLetterfromCarlR.FranktoWilliamCaton,datedSeptember9,1997.ExhibitIX,Ownershipof CDRadioInc. SeeLoralCommonCarrierOrder.SeealsoIntheMatterofLoralCorporationRequestfora DeclaratoryRulingConcerningSection310(b)(4)oftheCommunicationsActof1934,DA-97-725 (releasedMay14.1997). SeeForeignCarrierEntryOrder. 7983 FederalCommunicationsCommission DA97-2191 States.78TheBureaualsoheldthat"noreasonableinferencecanbedrawn"thatLoralshouldnotbe consideredaUnitedStatescorporationforalienownershippurposes?)BecausetheBureaufound thatLoral'shomemarketistheUnitedStates,itconcludedthatexaminationundertheeffective competitiveopportunitiestestwasnotnecessary.so 27. Similarly.inthecontextofDBS,theInternationalBureaufoundthat,ifitwereto applySection31O(b)tothesubscriptionservice,theindirectownershipbyLoralofaDBSlicensee wouldnotcontravenetheCommission'sforeignownershiprules.s,TheInternationalBureaunoted that,inthecommoncarriercontext,ithadpreviouslydeterminedthattheU.S.shouldbeconsidered Loral'shomemarket.Itthenstatedthat,althoughthehomemarketinquiry"hasnotbeenadoptedin theDBScontextandcurrentlyonlyappliestocommoncarrierlicensees,intheinstantcase,evenif weweretoapplysuchatest.themostanalogousprecedentsuggeststhatapprovalofthetransaction iswarranted.,,82 28. WealsonotethatCDRadio.initsupdatedownershipfiling,statesthatitintendsto implementapublicofferingandpreferredshareconversion.83Itstatesthattheeffectofthe forthcomingofferingsontheownershipofthecompanywillbetobringnon-U.S.ownershipbelow 25percenttoapproximately15.5percent.Underthesecircumstances,weconcludethat,evenif Section31O(b)(4)wereapplicablehere,permittingCDRadiotoholdaSOARSlicenseewouldbein thepublicinterest. 29. WerejectPrimosphere'sargumentthat,becauseCDRadiocouldchangethenatureof itsservice,itmustthereforebesubjecttothealienownershipstandardsetforthforbroadcasters.CD 78 79 80 81 82 83 SeeLoralCommonCarrierOrderat 9. Id Idat 10. SeeIntheMatterofLoralCorporationRequestforDeclaratolJ'RulingConcerningSection310fb}(4) oftheCommunicationsActof1934.DA97-725(May14,1997). SeeIntheMatterofLoralCorporationRequestforaDeclaratolJlRulingConcerningSection310(b)(4) oftheCommunicationsActof1934,DA-97-725 8(citingLoralCommonCarrierOrderat 9):see alsoDISCOIINPRM. SeeFCCFonn430,ExhibitVIII,ControlofSatelliteCDRadfo,Inc.(August31,1997).SeealsoIn theMatterofSatelliteCDRadio,Inc.RequestforDeclaratoryRulingforFurtherExemptionPursuant to47C.F.R25.116(c)(;)DA97-1327(releasedJune26,1997). 7984. FederalCommunicationsCommission DA97-2191 Radioproposestoofferserviceasaprivatesatelliteoperator.84IntheeventthatCDRadioelectsto changeitsclassification,itmustseekanappropriaterulingfromtheCommissionanditsownership structurewouldbesubjecttoreviewatthattime.85 (d) Primosplzere'sSupplementalPleading. 30. Finally,wefindPrimosphere'ssupplementalpleadingraisingcharacterissues I procedurallydeficientandlegallyirrelevant.First, itwasfiledalmosttwomonthsafterthedeadline forfilingrepliestoCDRadio'sOppositionandwasnotaccompaniedbytherequisitemotionfor leavetofileadditionalpleadings.86Second,Primosphere'ssupplementalpleadingwasnotsupported byanaffidavitfromanindividualwithknowledgeabouttheunderlyingfactualassertions.87Third, theallegationsmadewereinconnectionwithRobertFriedland,notDarleneFriedland,andthereis insufficientevidenceintherecordtosupportanytheorythatRobertFriedlandisinfacttheownerof thestockinquestion.Fourth,evenifweweretolookto Mr.Friedland'scharacter,SDARSisnota broadcastservice,andthustheheightenedscrutinygiventothecharacterofbroadcastlicenseesisnot appropriatehere.88Finally,evenifweweretoapplyabroadcastlicensinganalysis,theallegationsin Primosphere'ssupplementarerelatedtounadjudicatedclaimsandpendinglitigation,andarethus irrelevant.89 (2) AdditionalIssues. 84 SeeAmendmentat5.SeealsoCompendiumat73. 8S 86 87 88 89 47C.F.R.1.2. See47C.F.R.1.41and25.154. 47C.F.R.1.16. 47C.F.R.73.4280;seealsoIntheMatterofPolicyRegardingCharacterQualificationsinBroadcast Licensing,MemorandumOpinionandOrder,FCC92-448(releasedOctober9,1992). See47.C.F.R.165;seealsoIntheMatterofLoralCorporationRequestforaDeclaratoryRuling ConcerningSection310(b)(4)oftheCommunicationsActof1934,atn.40and41(citingLetterfrom ClayPendarvis.ActingChiejDistributionServicesBranchVideoServicesDivision,MassMedia Bureau.toPhilipL.Verveer(datedApril6,1994),whichstated,"[t]heCommissionhasconsistently takenthepositionthatitisnottheproperforumfortheresolutionofprivatecontractualdisputesand thatsuchmattersareappropriatelylefttothecourtsorotherfor[a]whichhavethejurisdictionto resolvethem."(citingSonderlingBroadcastingCo.,46RR2d889,894(1979),Transcontinent TelevisionCorp.(WROC-TV),21RR2d945(1961);JohnR.Runner.Receiver(KBIF),36RR2d773 (1979))). 7985 FederalCommunicationsCommission DA97-2191 31. VariouspartieshaveraisedissueswithrespecttoCORadio'sapplicationthroughout theseveralyearsofthependingsatelliteOARSproceeding.'JOInMarch1997,theCommission releasedthe SDARSOrderandaddressedmanyoftheissuesraisedthroughouttheproceeding, including:(1)thepublicinterestandeconomicimpactofSOARSonterrestrialbroadcasters,(2)the licensingplan,(3)servicerulesforSOARS,and(4)technicalrules.91Manyofthepetitionswere filedafterCDRadiofirstfileditsapplicationin1990.Totheextentthatthereareremainingissues thatwerenotresolvedinthe SDARSOrder,wewilladdressthemherein.
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- FSS systems. . We also disagree with Lockheed that Teledesic's application should be considered a "major" modification that cannot be considered until the second Ka-band processing round. Rather, as noted above, the Commission generally takes a flexible approach when considering modifications to space station licenses. Lockheed is correct in noting that in the context of amendments to satellite applications, Section 25.116 of the Commission's rules, 47 C.F.R. 25.116, distinguishes between "minor" and "major" amendments to pending license applications. Under Section 25.116, if a space station application amendment is characterized as "major," the entire application must be treated as newly filed and the applicant loses its status in any ongoing processing round. The Commission, however, has not promulgated a comparable rule
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- LLC includes "An Assessment of the On-Orbit and Terrestrial Risks from Iridium Spacecraft" recently prepared by NASA for the FCC. This document estimates the risks, including the risk of human casualty, from disposal of the IRIDIUM spacecraft at the end of their service life. The Space Station application also includes a request by Iridium Satellite for an exemption under Section 25.116(c)(2) of the Commission's Rules to permit Iridium Satellite to assume Iridium LLC's application to construct, launch and operate a Non-Geostationary Mobile Satellite System in the 2 GHz Band without forfeiting processing priority. See FCC File No. 187-SAT-P/LA-97(96), IBS File No. SAT-LOA-1997-0926-00147. In that same application, Iridium Satellite also requests amendment of a pending application for authority to provide Aeronautical Mobile-Satellite
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- for DBS in Fixed Satellite Service, International Fixed Satellite Service, Other This application amends File No. SES-LIC-20011121-02186, an application filed by WSNet Holdings, Inc. (WSNet) on November 21, 2001. The amendment notifies the Commission that Pegasus Development Corporation has acquired ownership of various WSNet assets, including application File No. SES-LIC-20011121-02186. The amendment also includes a request for waiver of Section 25.116 of the Commission's rules. Application File No. SES-LIC-20011121-02186 seeks authority to operate a satellite network to provide services to consumers in the United States. The application is for a transmit/receive earth station operating on the 12.2-12.7 GHz (space-to-earth) and 17.3-17.8 GHz (earth-to-space) frequencies. The earth station will be located at Cohoes, New York, and will be uplinked to Canadian-licensed Direct
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- launch and operate an RNSS payload that will be co-located with a C-band fixed-satellite service (FSS) payload for which PanAmSat Corporation (PanAmSat) is separately seeking Commission launch and operating authorization. See Application of PanAmSat Corporation for the Galaxy XV C-band FSS Satellite (See File Nos. SAT-LOA-19991207-00119, SAT-AMD-20021029-00199, SAT-AMD-20030818-00156, and SAT-AMD-20031103-00320). In its amendment, Lockheed Martin requests a waiver of Section 25.116(b)(1). Under Section 25.116(b)(1) of the Commission's Rules, 47 C.F.R. 25.116(b)(1), a change in orbital location or frequency bands pursued via an amendment is deemed to be a "major amendment" unless one of the circumstances listed in Section25.116(c), 47 C.F.R. 25.116(c), applies. To the extent that Lockheed Martin's RPS application is not "NGSO-like" for purposes of the Commission's Rules,
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- notified the Commission of the consummation of the transfer of control of TRW, Inc. to Northrop Grumman Corp. pursuant to Commission approval in a decision released on December 6, 2002, DA- 02-3373. In its January 2003 filing, NGST requests that the above-pending NGSO applications be conformed to reflect the change in control authorized in DA 02-3373. As required under Section 25.116(c)(2) of the Commission's rules, NGST requests an exemption to the "cut-off" rule for its NGSO application. See Letter from Stephen D. Baruch, David S. Keir, Counsel to Northrop Grumman Space & Mission Systems Corporation, to Marlene Dortch, Secretary, Federal Communications Commission, January 10, 2003. As of the date of the release of this Public Notice, we re-designate the ex parte
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- authority to launch and operate an RNSS payload that will be co-located with a C- and Ku-band fixed-satellite service (FSS) payload aboard Telesat Canada's (Telesat) Anik F1R satellite. Lockheed states that Telesat holds an authorization from the Canadian government, for the Anik F1R satellite at the 107.3 W.L. orbital location. In its amendment, Lockheed Martin requests a waiver of Section 25.116(b)(1). Under Section 25.116(b)(1) of the Commission's Rules, 47 C.F.R. 25.116(b)(1), a change in orbital location or frequency bands pursued via an amendment is deemed to be a "major amendment" unless one of the circumstances listed in Section 25.116(c), applies. To the extent that Lockheed Martin's RPS application is not "NGSO-like" for purposes of the Commission's Rules, or that the
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- simplify station keeping operations and minimize the likelihood of in-orbit collisions with other satellites. ICO also asks the Commission to defer action on its request for waiver to use C-band frequencies for limited or emergency telemetry, tracking, and command operations, pending completion of ICO's frequency coordination with other satellite operators. In addition, ICO requests a waiver of 47 C.F.R. 25.116 (b) and (d). Under these Sections, applications are considered newly filed, and lose their place in the processing queue, when amended by a major amendment. S2653 SAT-STA-20060324-00029E Special Temporary Authority 03/24/2006 19:50:55:36300 Date Filed: EchoStar Satellite L.L.C. EchoStar Satellite L.L.C. (ESLLC) and EchoStar Satellite Operating Corporation (ESOC) (collectively EchoStar) request a 180-day extension of the special temporary authority (STA) currently
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- to its 2005 application to modify its 2 GHz spectrum reservation (SAT-MOD-20051021-00206). In its 2005 modification application, ICO proposed adding a GSO satellite to its 2 GHz MSS system at 115 degrees W.L.. In its amendment application, ICO proposes to change the orbit location of that satellite to 114.75 degrees, W.L. ICO also seeks a waiver satellite processing of Sections 25.116(a) and (b) of the Commission's rules, 47 C.F.R. Section 25.116(a), (b), to allow it to maintain its place in the queue. S2693 SAT-RPL-20060119-00005E Replacement Satellite Application (no new frequency) 01/19/2006 16:45:49:85300 Date Filed: DIRECTV Enterprises, LLC Page 1 of 2 For more information concerning this Notice, contact the Satellite Division at 202-418-0719; TTY 202-418-2555. DIRECTV Enterprises, LLC has filed an
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- launch the IA-9 satellite to the 97 W.L. location between the second and fourth quarters of 2007 and relocate the IA-5 satellite to the 77 W.L. location between the second quarter of 2007 and the first quarter of 2008. S2647 SAT-AMD-20060413-00045E Amendment 04/13/2006 13:22:52:62300 Date Filed: Intelsat North America LLC Intelsat North America LLC (Intelsat North America), pursuant to Section 25.116 of the Commission's rules, amends its pending application to launch and operate a replacement C/Ku-band satellite, to be known as IA-9, at the 97 W.L. orbital location (See File Nos. See File Nos. SAT-RPL-20041015-00201, SAT-AMD-20050621-00131, SAT-AMD-20051118-00237, SAT-AMD-20060407-00040). Specifically, Intelsat North America requests that in the event the FCC's International Bureau finds that a bond is applicable to the grant of
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- 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 its authorized Galaxy 25
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- and operate a 17/24 GHz Broadcasting-Satellite Service space station, SAT-LOA-20090807-00084, in order change the requested orbital location for this space station from 95.0 W.L. to 95.15 W.L. Pegasus seeks authority to operate at the 95.15 W.L. orbital location in the 17.3 -17.8 GHz (space-to-Earth) and 24.75-25.25 GHz (Earth-to-space) frequency bands. In connection with its request, Pegasus seeks waiver of Section 25.116 of the Commission's rules. Page 1 of 1
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- (1996); Second Memorandum Opinion and Order, 12 FCC Rcd 13494 (1997). 47 C.F.R. 1.1307(b)(3)(i). For the information required in an environmental assessment, see Section 1.1311 of the Commission's rules, 47 C.F.R. 1.1311. For the RF radiation exposure limits, see Section 1.1310 of the Commission's rules, 47 C.F.R. 1.1310. See 47 C.F.R. 25.113(b). See 47 C.F.R. 25.116(b)(2). 1996 Streamlining Order, 11 FCC Rcd at 21583-85 (paras. 6-9) (space station construction); 21590-91 (para. 23) (earth station construction). 47 C.F.R. 25.274(c). 47 C.F.R. 25.274(g). See Weinhouse Letter at 3-4. 47 C.F.R. 25.211, 25.212. One example of such a frequency band is the 10.95-11.2 GHz band. The auction was limited to four applicants because they were the
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- and Operate a Ka-band Satellite System in the Fixed-Satellite Service, Order and Authorization, DA 01-225 (Int'l Bur., released Jan. 31, 2001). PanAmSat Application at 6. PanAmSat Application at 8, citing Request for Declaratory Ruling Filed by Satellite CD Radio, Declaratory Ruling, 9 FCC Rcd 2569 (Com. Car. Bur. 1994); Starsys Global Positioning, Inc., Request for a Declaratory Ruling Concerning Section 25.116 of the Commission's Rules, Declaratory Order, 8 FCC Rcd 1662 (1993); Airsignal International, Memorandum Opinion and Order, 81 FCC 2d 472 (1980); Implementation of the Subscriber Carrier Selection Changes Provisions of the Telecommunications Act of 1996, Sprint Communications Company, L.P., Petition for Waiver, Order, 15 FCC Rcd 16487 (Com. Car. Bur., 2000). We observed above that mergers cannot justify a
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- aff'd mem. 851 F.2d 1500 (table) (D.C. Cir. 1988). See Primosphere Supplement to Reply to Opposition at Exhibit 1. See, e.g., Beaumont Branch of the NAACP v. FCC, 854 F.2d 502 (D.C. Cir. 1988). Primosphere Application at pp. 8-9. Primosphere Application at p. 9. See Rebecca Radio of Marco, 4 FCC Rcd. 830, 834, 34-39 (1989). 47 C.F.R. 25.116(c)(2). Federal Communications Commission FCC 01-315 Federal Communications Commission FCC 01-315 t u @& u u
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- adopted in the Report and Order. The Commission indicated in that order that only amendments necessary to bring an application into conformance with the Joint Proposal and the policies adopted in the Report and Order would be accepted unconditionally. The Commission emphasized that all other amendments would be considered under the Commission's rule governing amendments for satellite systems. Specifically, Section 25.116(c) of the Commission's rules provides that any application will be deemed a newly filed application to be considered in a later processing group if it is amended by a ``major amendment.'' A ``major amendment'' is an amendment that increases the potential for interference. None of the applicants, including Final Analysis, appealed this decision. Final Analysis Amendment Final Analysis filed an
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- Authority to Launch and Operate the SkyBridge II System, A Global Network of Low Earth Orbit Communications Satellites Providing Broadband Services In the Fixed Satellite Service, File No. SAT-LOA-19971222-00221 (filed Dec. 22, 1997); and TRW Inc., For Authority to Launch and Operate a Global Satellite System Employing Geostationary and Nongeostationary Satellites in the Fixed-Satellite Service, Petition for Waiver of Section 25.116(b), File Nos. SAT-AMD-19971222-00219, SAT-WAV-19971222-00220 (filed Dec. 22, 1997). See Motorola, Inc. Amendment For Authority to Construct. Launch, and Operate the Celestri Multimedia LEO System, a Global Non-Geostationary Orbit Satellite System in the Fixed-Satellite Service, File No. 79-SAT-P/LA-97 (63) (filed July 29, 1998). Motorola has notified the Commission that it will no longer prosecute its Second Round NGSO FSS application. Letter
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- notice listing the license applications filed during the 30-day window. Furthermore, the Commission concluded that amendments to an application that create a conflict with any other application filed prior to the amendment would cause the underlying application to lose its "status" relative to applications behind it in the queue. We currently have similar provisions in our satellite licensing rules. Section 25.116 states that a major amendment to a satellite license application causes that application to be treated like a new application. Thus, major amendments filed after the cut-off date cause the underlying application to be removed from the processing round. Generally, a "major amendment" is one that increases the potential for interference. Accordingly, if we adopt our first-come, first-served proposal, we
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- filed on any prescribed form but should be complete in all pertinent details. Applications for new space station authorizations other than authorizations for the Direct Broadcast Service (DBS) and Digital Audio Radio Satellite (DARS) service must be filed electronically through the International Bureau Filing System (IBFS). (c) * * * (13) [reserved]. * * * * * 7. Amend 25.116 by removing and reserving paragraph (b)(3); adding paragraph (b)(5); revising the introductory language in paragraph (c), redesignating paragraph (d) as (e), and adding new paragraph (d) to read as follows: 25.116 Amendments to applications. (b) * * * (3) [reserved]. (5) Amendments to "defective" space station applications, within the meaning of section 25.112 of this Chapter will not be
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- filed on any prescribed form but should be complete in all pertinent details. Applications for new space station authorizations other than authorizations for the Direct Broadcast Service (DBS) and Digital Audio Radio Satellite (DARS) service must be filed electronically through the International Bureau Filing System (IBFS). (c) * * * (13) [reserved]. * * * * * 7. Amend 25.116 by removing and reserving paragraph (b)(3); adding paragraph (b)(5); revising the introductory language in paragraph (c), redesignating paragraph (d) as (e), and adding new paragraph (d) to read as follows: 25.116 Amendments to applications. (b) * * * (3) [reserved]. (5) Amendments to "defective" space station applications, within the meaning of section 25.112 of this Chapter will not be
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- for earth station authorizations must be filed in accordance with the pleading limitations, periods and other applicable provisions of 1.41 through 1.52 of this chapter, except that such earth station 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; 6. Amend 25.116 by revising paragraph (e) to read as follows: 25.116 Amendments to applications. * * * * * (e) Any amendment to an application shall be filed electronically through the International Bureau Filing System (IBFS) in accordance with the applicable provisions of Part 1, Subpart Y of this Chapter. Amendments to space station applications must be filed on Form 312
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- Low Power FM Mutually Exclusive Applications Accepted for Filing, DA 04-679, (rel. Mar. 12, 2004). See 47 C.F.R. 73.871. See CCA Opposition at 1. See id. at 1-2. CCA filed an amendment reporting its board changes on November 23, 2004. See 47 C.F.R. 73.871(c)(3). See generally Constellation Communications, 11 FCC Rcd 18502, 18512 (1996) (waiving 47 C.F.R. 25.116 to accept major ownership amendment without issuance of a new file number to an application for a satellite authorization, where the ownership change occurred during the course of legitimate business and not for the purpose of acquiring the pending application). See Creation of Low Power Radio Service, Second Order on Reconsideration and Further Notice of Proposed Rulemaking, 20 FCC Rcd
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- at 2070-71, 225. 47 U.S.C. 309(j)(3)(A). 47 U.S.C. 309(j)(3)(D). See MSS Flexibility R&O at 2071-72, 227-228. See 47 C.F.R. 25.150(a)(3) and (a)(4). Inmarsat states that an ``amendment will be deemed to be a major amendment. . . [i]f the amendment increases the potential for interference. . . .'' See Inmarsat Petition at 19 (quoting 47 C.F.R. 25.116(b)). See id. at 20-23. See 47 C.F.R. 25.253(c). See Inmarsat Petition at 23-24. Id. at 24. Sua Sponte Order at 13,596, 14. See also 47 C.F.R. 25.117(f). See MSV Opposition at 12. See Boeing Petition at 4-5. Under the approach we adopted in the Sua Sponte Order, according to Boeing, MSS operators will still be permitted to
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- Effects of Radiofrequency Radiation, Report and Order, ET Docket No. 93-62, 11 FCC Rcd 15123 (1996); Second Memorandum Opinion and Order, 12 FCC Rcd 13494 (1997). Notice, 15 FCC Rcd at 25155 (para. 82), citing 47 C.F.R. 1.1307(b)(3)(i). Notice, 15 FCC Rcd at 25155 (para. 83), citing 47 C.F.R. 25.113(b) (new earth station license applications); 47 C.F.R. 25.116(b)(2) (amendments to pending license applications). SIA Reply at 20. Notice, 15 FCC Rcd at 25155 (para. 84), citing 1996 Streamlining Order, 11 FCC Rcd at 21583-85 (paras. 6-9) (space station construction); 21590-91 (para. 23) (earth station construction). Notice, 15 FCC Rcd at 25155 (para. 84). SIA Reply at 20. We note, however, that we still generally require parties to obtain
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- Effects of Radiofrequency Radiation, Report and Order, ET Docket No. 93-62, 11 FCC Rcd 15123 (1996); Second Memorandum Opinion and Order, 12 FCC Rcd 13494 (1997). Notice, 15 FCC Rcd at 25155 (para. 82), citing 47 C.F.R. 1.1307(b)(3)(i). Notice, 15 FCC Rcd at 25155 (para. 83), citing 47 C.F.R. 25.113(b) (new earth station license applications); 47 C.F.R. 25.116(b)(2) (amendments to pending license applications). SIA Reply at 20. Notice, 15 FCC Rcd at 25155 (para. 84), citing 1996 Streamlining Order, 11 FCC Rcd at 21583-85 (paras. 6-9) (space station construction); 21590-91 (para. 23) (earth station construction). Notice, 15 FCC Rcd at 25155 (para. 84). SIA Reply at 20. We note, however, that we still generally require parties to obtain
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- market access by foreign-licensed space stations. Once the freeze is lifted, current applicants may also file applications to amend their pending applications. If the amendment requests a new orbital location or makes other ``major'' changes, it will be considered a newly filed application and will lose its status relative to later-filed applications in the processing queue. See 47 C.F.R. 25.116(d). For example, if we have authorized a full-power space station at the 75 W.L. Appendix F location, the Appendix F location at 79 W.L. is unassigned, and a party files an application for a full-power offset satellite at 78, we would deny that application. If the proposed space station at 78 W.L. seeks to operate at reduced power and with
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- radio operations and that only one was one of the original three officers. The Board of Regents had only one original member at the time of Iowa State's 2003 amendment. See Iowa Code, Ch. 62 (attached to Iowa State's Point Supplement). See generally Constellation Communications, Memorandum Opinion and Order, 11 FCC Rcd 18502, 18512 (1996) (``Constellation'') (waiving 47 C.F.R. 25.116 to accept major ownership amendment without issuance of a new file number to application for a satellite authorization, where the ownership change occurred as a result of routine business and not for the purpose of acquiring the pending application). See File No. BPED-19891019MA, as amended, Question II(6). HAC is governed by a six-member Board of Directors (also known as its
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- rules for the 17/24 GHz BSS, we will treat the applications before us, as amended, as though they were filed at the same time. Accordingly, as in the V-band proceeding, where two or more applications are mutually exclusive, we will divide the available spectrum equally among the applicants pursuant to Section 25.158(d). To the extent necessary, we will waive Sections 25.116 and 25.155(c) of our Rules to process the applications in this manner. We find that this approach best serves the public interest by most equitably balancing our goals of maximizing use of scarce spectrum and orbital resources while at the same time retaining opportunities for competitive entry and speeding service to the public. We recognize that where the spectrum will
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- that could affect the length of time of the processing of an application. In 2003, however, the Commission determined that transfers of control would no longer be treated as major amendments of space station applications and would therefore not affect the processing of a space station application under its first-come, first-served procedures. Accordingly, the Commission eliminated the subsection of section 25.116 that classified transfer of control and assignment applications as ``major amendments'' for purposes of space station processing. Thus, for purposes of processing space station applications subject to our first-come, first-served procedures, a transfer of control would have no impact on the status of the application. Accordingly, based on the foregoing, we dismiss the waiver request as moot. Weinstein Motion to
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- be filed in accordance with the pleading limitations, periods and other applicable provisions of 1.41 through 1.52 of this chapter, except that such earth station 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; * * * * * 8. In 25.116, revise paragraph (e) to read as follows: 25.116 Amendments to applications. * * * * * (e) Any amendment to an application shall be filed electronically through the International Bureau Filing System (IBFS) in accordance with the applicable provisions of part 1, subpart Y of this chapter. Amendments to space station applications must be filed on Form 312 and Schedule
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- small entities."25The RFA generally defines the term "small entity" as referring to any "small business," "small organization," or "small governmental jurisdiction."26The term "small business" has the same meaning as the term "small business concern" under the Small Business Act.27A small business concern is one which: (1) is independently owned and operated; (2) is 21Seeproposed revisions to 47 C.F.R. 25.109(c), 25.116(e), 25.119(b)(2), 25.134, 25.208(s), 25.209(h), 25.214(a)(2), 25.220(a)(1), 25.271(c)(1), and 25.271(c)(3) in Appendix A. 2247 C.F.R. 1.1200, 1.1206; Amendment of 47 C.F.R. 1.1200 et seq. Concerning Ex Parte Presentations in Commission Proceedings, Report and Order, GC Docket No. 95-21, 12 FCC Rcd 7348 (1997). 2347 C.F.R. 1.1206(b)(2). 24The RFA, see5 U.S.C. 601 et. seq., has been amended by
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- on internal financing need not set aside specific funds for their systems." Big LEO Order at H 31. We also indicated that applicants who submit a balance sheet demonstrating sufficient "internal" assets are not required to make "an unalterable commitment that the funds will be expended regardless of market conditions." Big LEO Order at f 35. 18512 27. Under Section 25.116 of the Commission's Rules, an application is considered newly filed if, after a cut-off date for the filing of applications, it is amended by a major amendment. Major amendments include those which specify a substantial change in beneficial ownership or control (de jure or de facto) of an applicant. However, the rules explicitly exempt from treatment as a newly filed
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- will be "commonly owned carriers" within the meaning of Section 62.2 of the Commission's Rules. SBC states that grant of this request would serve as a blanket authorization for the merged company and its subsidiaries to have and maintain common officers and directors without further prior application to the Commission. 4. REQUEST FOR EXEMPTION Under 47 C.F.R. 22.123(a), 24.423(g)(3), 24.823(g)(3), 25.116(b)(3), 90.164(b), and 101.29(c)(4), applicants have requested a blanket exemption from cut-off rules that may apply to applications under Parts 22, 24, 25, 90 and 101. 5. PROPOSED PROTECTIVE ORDER On July 29, 1998, SBC and Ameritech filed a letter seeking confidential treatment of certain materials requested by the Commission and submitted a proposed protective order. Where confidential treatment of materials
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- "commonly owned carriers" within the meaning of Section 62.2 of the Commission's Rules. MCI WorldCom states that grant of this request would serve as a blanket authorization for the merged company and its subsidiaries to have and maintain common officers and directors without further prior application to the Commission. 4. REQUEST FOR EXEMPTION Under 47 C.F.R. 22.123(a), 24.423(g)(3), 24.823(g)(3), 25.116(b)(3), 90.164(b), and 101.29(c)(4), Applicants have requested a blanket exemption from cut-off rules that may apply to applications under Parts 22, 24, 25, 90 and 101. 5. GENERAL INFORMATION The Commission reserves the right to return any application if, upon further examination, it is determined to be defective and not in conformance with the Commission's Rules or policies. Final action will
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- license applications. No commenter advocating reopening has shown any persuasive reason to depart from our satellite cut-off policy and precedent. 71. Consistent with our conclusion not to reopen the cut-off in this proceeding, we note that existing Commission rules preclude satellite DARS applicants from effecting a substantial change in beneficial ownership if they want to maintain their pre-cut-off status. Section 25.116 of the rules provides that any amended application substantially changing an Federal Communications Commission FCC 97-70 47 CFR 25.116(c)(2). 124 Primosphere Reply at 24. See also Primosphere Ex Parte statement dated September 25, 125 1996. DSBC Reply at 51. 126 See Notice, 84. 127 See, infra, Section G, regarding auction rules for satellite DARS licensees. 128 31 applicant's
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- will be "commonly owned carriers" within the meaning of Section 62.2 of the Commission's Rules. SBC states that grant of this request would serve as a blanket authorization for the merged company and its subsidiaries to have and maintain common officers and directors without further prior application to the Commission. 4. REQUEST FOR EXEMPTION Under 47 C.F.R. 22.123(a), 24.423(g)(3), 24.823(g)(3), 25.116(b)(3), 90.164(b), and 101.29(c)(4), applicants have requested a blanket exemption from cut-off rules that may apply to applications under Parts 22, 24, 25, 90 and 101. 5. PROPOSED PROTECTIVE ORDER On July 29, 1998, SBC and Ameritech filed a letter seeking confidential treatment of certain materials requested by the Commission and submitted a proposed protective order. Where confidential treatment of materials
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- "commonly owned carriers" within the meaning of Section 62.2 of the Commission's Rules. MCI WorldCom states that grant of this request would serve as a blanket authorization for the merged company and its subsidiaries to have and maintain common officers and directors without further prior application to the Commission. 4. REQUEST FOR EXEMPTION Under 47 C.F.R. 22.123(a), 24.423(g)(3), 24.823(g)(3), 25.116(b)(3), 90.164(b), and 101.29(c)(4), Applicants have requested a blanket exemption from cut-off rules that may apply to applications under Parts 22, 24, 25, 90 and 101. 5. GENERAL INFORMATION The Commission reserves the right to return any application if, upon further examination, it is determined to be defective and not in conformance with the Commission's Rules or policies. Final action will
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- market. Given that there are no substantial concerns regarding harm to competition resulting from this transaction, these stated benefits are sufficient to establish that authorization of this transaction will serve the public interest. C. Waiver of Cut-off Rules Columbia does not have any applications pending in any processing round. Nevertheless, the Applicants seek waiver of the "cut-off" rules in Section 25.116. Section 25.116(b)(3) of the Commission's rules states that an amendment specifying a substantial change in beneficial ownership of an applicant that requires an application under Section 301(d) of the Act is a major amendment. Section 25.116(c)(2) states that the Commission will consider an application newly filed if it is amended by major amendment filed after the "cut-off" date applicable to
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- to delay milestones through the selection of non-service link frequencies that will require lengthy proceedings to resolve)). For a discussion of the milestones that 2 GHz MSS systems must meet, see Section III.C.3., infra. See also Big LEO Reconsideration, 11 FCC Rcd at 12876 42. Id. Accordingly, we delegate authority to the International Bureau to waive 47 C.F.R. 25.116, consistent with this decision. Accord Globalstar Comments at 26. Id. See Big LEO Reconsideration, 11 FCC Rcd at 12875 n.30; Big LEO Report & Order, 9 FCC Rcd at 5997 163; accord Celsat Comments at 24 & n.28 & Reply at 24 & n.44 (MSS feeder links are by definition a type of FSS, citing 47 C.F.R. 2.1).
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- No. 112-SAT-P/LA-97; IBFS No. SAT-LOA-19970904-00080.) In this amendment, TRW proposes to add equipment to its pending 40 GHz NGSO satellites which would be used to provide FSS service in the 28.6-29.1 GHz and 29.5-30.0 GHz bands (uplink) and 17.7-20.2 GHz band (downlink). TRW will withdraw this amendment nunc pro tunc should the Commission deny TRW's request for Waiver of Section 25.116(b) of the Commission' Rules (see File No. 62-SAT-WAIV-98; IBFS No. SAT-WAV-19971222-00220, below). Associated File No. 61-SAT-AMEND-98(4); IBFS No. SAT-AMD-19971222-00229. S2255 SAT-AMD-19971222-00229 TRW INC. Amendment Original File No. 61-SAT-AMEND-98(4). TRW Inc. has filed an amendment to its pending applications being considered in the 40 GHz processing round. (See File Nos. 113 through 116-SAT-P/LA-97; IBFS Nos. SAT-LOA-19970904-00084, 81, 82, 83, respectively.) In
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- No. 88-SAT-P/LA-97, IBFS File No. SAT-LOA-19970702-00057, as amended by File No. 32-SAT-AMEND-98; IBFS File No. SAT-AMD-19971219-00204). This amendment updates information relating to the ownership of CAI and its parent company, CAI Wireless Systems, Inc., following the recent consummation of certain transactions by CAI Wireless. To the extent necessary, CAI also requests an exemption of the "cut-off" rule pursuant to Section 25.116 of the Commission's rules to permit the continued consideration of CAI's application in the current Ka-band processing round. S2253 SAT-STA-19990929-00095 PANAMSAT CORPORATION Special Temporary Authority PanAmSat Corporation has filed a request for Special Temporary Authority to conduct in-orbit testing of its Galaxy XI satellite for up to 90 days following launch of that satellite. PanAmSat has a pending application to
- http://www.fcc.gov/Bureaus/International/Public_Notices/2000/pnin0039.pdf
- If approved, the proposed merger would result in Columbia becoming a wholly-owned subsidiary of GE Americom. The applicants claim that the resulting entity would combine Columbia's international services with GE Americom's primarily domestic services, and be better able to compete with other entities with global satellite networks. In addition, the applicants request exemption from the "cut-off" rule pursuant to Section 25.116(c)(2) of the Commission's rules, 47 C.F.R. 25.116(c)(2), for pending applications filed by Columbia. According to the applicants, mergers are considered "major amendments" under the Commission's rules, and a pending application may "lose its place in the processing line" unless the Commission grants an exemption pursuant to Section 25.116(c)(2). The applicants list four applications filed by Columbia: (1) an application
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2000/dd000627.html
- the transfer from Columbia to Merger Sub of Columbia's authorization to launch and operate several satellites in AOR and POR. Granted the related application of GE Americom and Columbia for consent to the transfer from Columbia to Merger Sub of Columbia's authorizations associated with earth station facilities in Las Cruces, New Mexico. Dismissed the Applicants' request for waiver of Section 25.116(c)(2) of the Commission's rules as moot. By Order and Authorization. Action by Chief, International Bureau. Adopted: June 26, 2000. by Order & Auth. (DA No. 00-1332). IB Internet URL: [10]http://www.fcc.gov/Bureaus/International/Orders/2000/da001332.doc CITICASTERS COMPANY. Issued a monetary forfeiture in the amount of twenty-three thousand dollars ($23,000) against Citicasters Company, licensee of Station WXTB(FM), Clearwater, FL, for willful and repeated violations of 18
- http://www.fcc.gov/fcc-bin/audio/DA-12-890A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-890A1.pdf
- a total change of ownership, while NCEC's change in ownership resulted in its entire board being replaced. Moreover, Constellation's change of ownership took place over a period of three and a half years, whereas NCEC's total board change occurred at once. Finally, that case involved mobile satellite systems rather than the NCE service. Although the language of 47 C.F.R. 25.116 is analogous to that of 47 C.F.R. 73.3573 with respect to an applicant's major change in ownership, different services present different factual and policy issues in connection with a waiver request. Where, as here, the Commission has specifically delineated the factors it will consider for a waiver request in the NCE context, a decision in the mobile satellite service
- http://www.fcc.gov/fcc-bin/audio/FCC-07-40A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-07-40A1.pdf
- radio operations and that only one was one of the original three officers. The Board of Regents had only one original member at the time of Iowa State's 2003 amendment. See Iowa Code, Ch. 62 (attached to Iowa State's Point Supplement). See generally Constellation Communications, Memorandum Opinion and Order, 11 FCC Rcd 18502, 18512 (1996) (``Constellation'') (waiving 47 C.F.R. 25.116 to accept major ownership amendment without issuance of a new file number to application for a satellite authorization, where the ownership change occurred as a result of routine business and not for the purpose of acquiring the pending application). See File No. BPED-19891019MA, as amended, Question II(6). HAC is governed by a six-member Board of Directors (also known as its
- http://www.fcc.gov/transaction/documents/fcc9728.pdf
- 21.934, and 24.839 of our Rules (47 CFR 1.2111, 21.934, and 24.839), we find that no trafficking or unjust enrichment is involved in the transfer of control of licenses for facilities in the Personal Communications Services and Multipoint Distribution Service which were obtained through competitive bidding in the last three years. Finally, pursuant to Sections 21.23(c)(6), 22.123(a), 24.823(g)(3), and 25.116(b)(3) of our Rules (47 CFR 21.23(c)(6), 22.123(a), 24.823(g)(3), and 25.116(b)(3)), we grant applicants a blanket exemption from any applicable cut-off rules which would otherwise apply to PacTel subsidiaries or affiliates filing amendments to pending Part 21, 22, 24 or 25 applications or other applications to reflect the consummation of the proposed transfer of control.173 VIII. ORDERING CLAUSES 92. Accordingly,
- http://www.fcc.gov/transaction/echostar-directv/da013005.pdf
- the Commission's new filing location in downtown Washington D.C.: 236 Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002-4913.4 The filing hours at this facility are 8:00 a.m. to 7:00 p.m. Parties also must send twelve (12) paper copies of their filing to Linda Senecal, Policy and Rules Division, Cable Services Bureau, Federal Communications Commission, 445 3 See 47 C.F.R. 25.116. 4 See FCC Announces a New Filing Location for Paper Documents and a New Fax Number for General Correspondence, Public Notice, DA 01-2919 (rel. Dec. 14, 2001)> 4 12th Street, S.W., Room 3-A734, Washington, D.C. 20554, or one electronic copy via e-mail to lsenecal@fcc.gov. We urge persons submitting written ex parte presentations or summaries of oral ex parte presentations in
- http://www.fcc.gov/transaction/ge-ses/da012100.pdf
- business markets in the United States. In addition, pursuant to our review under Section 310(b)(4) of the Act, we find that it will not serve the public interest to prohibit the proposed indirect foreign ownership of GE Americom by SES Global in excess of the statutory 25 percent benchmark.3 Finally, we grant the Applicants' request for an exemption from Section 25.116(c) of the Commission's rules in order to preserve the filing status of its pending satellite applications.4 II. BACKGROUND A. The Applicants 1.GE Capital and the Americom Licensees 3. GE Capital, based in Stamford, Connecticut, is a wholly owned subsidiary of GE Capital Services, Inc., a wholly owned subsidiary of General Electric Company.5 GE Capital provides a broad range of global
- http://www.fcc.gov/transaction/ico-globalstar.html
- to maintain adequate funding for the continued operation of the Globalstar system and to facilitate the emergence of the system from bankruptcy. The Applicants also filed an amendment to a pending application of GLP for a space station license in the V-band to reflect the substitution of New Globalstar for GLP as the applicant, and request an exemption from Section 25.116(c) of the Commission rules in order to preserve the filing status of this pending application following consummation of the proposed transaction. GLP and three wholly owned subsidiaries filed for Chapter 11 bankruptcy protection on February 15, 2002. Under the proposed transaction, ICO, a Delaware corporation, will own 54 percent of the equity interests and 80 percent of the voting interests
- http://www.fcc.gov/transaction/iridium-motorola.html
- LLC includes "An Assessment of the On-Orbit and Terrestrial Risks from Iridium Spacecraft" recently prepared by NASA for the FCC. This document estimates the risks, including the risk of human casualty, from disposal of the IRIDIUM spacecraft at the end of their service life. The Space Station application also includes a request by Iridium Satellite for an exemption under Section 25.116(c)(2) of the Commission's Rules to permit Iridium Satellite to assume Iridium LLC's application to construct, launch and operate a Non-Geostationary Mobile Satellite System in the 2 GHz Band without forfeiting processing priority. See FCC File No. 187-SAT-P/LA-97(96), IBS File No. SAT-LOA-1997-0926-00147. In that same application, Iridium Satellite also requests amendment of a pending application for authority to provide Aeronautical Mobile-Satellite
- http://www.fcc.gov/transaction/iridium-motorola/pnin0179.pdf
- LLC includes "An Assessment of the On-Orbit and Terrestrial Risks from Iridium Spacecraft" recently prepared by NASA for the FCC. This document estimates the risks, including the risk of human casualty, from disposal of the IRIDIUM spacecraft at the end of their service life. The Space Station application also includes a request by Iridium Satellite for an exemption under Section 25.116(c)(2) of the Commission's Rules to permit Iridium Satellite to assume Iridium LLC's application to construct, launch and operate a Non-Geostationary Mobile Satellite System in the 2 GHz Band without forfeiting processing priority. See FCC File No. 187-SAT-P/LA-97(96), IBS File No. SAT-LOA-1997-0926-00147. In that same application, Iridium Satellite also requests amendment of a pending application for authority to provide Aeronautical Mobile-Satellite
- http://www.fcc.gov/transaction/thermo-globalstar.html
- for mobile earth terminals (METs), and three international Section 214 authorizations, all of which are held by GLPs subsidiaries or its affiliate, LQL. The Applicants also filed an amendment to a pending application of GLP for a space station license in the V-band to reflect the substitution of NGLLC for GLP as the applicant, and request an exemption from Section 25.116(c) of the Commission rules in order to preserve the filing status of this pending application following consummation of the proposed transaction. Finally, the Applicants filed an amendment to a pending application of GLP for a transmit/receive earth station in Clifton, Texas, for operational testing of the Globalstar nongeostationary satellite constellation. GLP operates the international MSS business for the Globalstar system