FCC Web Documents citing 25.158

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

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  • Licensing Reform Order. 11. We note, however, that if the new satellite licensing rules go into effect during the 14-day time frame, the application of the new rules could invalidate the Bureau's decision here to affirm the opportunity of current licensees to apply for Ka-band orbital locations first, before new applications are considered. Therefore, we waive Sections 25.155, 25.156, and 25.158 of the Commission's rules, on our own motion, to the extent necessary to allow this limited opportunity for Ka-band reassignments. Waiver is appropriate if special circumstances warrant a deviation from the general rules, and such deviation would better serve the pubic interest than strict adherence to the general rule. We find that giving existing licensees the opportunity to request reassignment
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  • (Sept. 6, 1983). See Clarification of 47 C.F.R. § 25.140(b)(2), Space Station Application Interference Analysis, Public Notice, No. SPB-195, DA 03-3863 (rel. Dec. 3, 2003) (clarifying the types of showings that must be provided). See Clarification of 47 C.F.R. § 25.140(b)(2), Space Station Application Interference Analysis, Public Notice, No. SPB-207, DA 04-1708 (rel. June 16, 2004). See 47 C.F.R. § 25.158(3)(ii). This application was assigned to Loral Spacecom Corporation January 17, 1997 and subsequently renamed Telstar-9 See Applications of AT&T Corp. Assignor and Loral Spacecom Corporation, Assignee, For Authority to Assign the Licenses for Telstars 302, 303, 401, 402R, 5, and 6, and Associated Earth Station and Common Carrier Authorizations, DA 97-125, 12 FCC Rcd. 925 (rel. Jan. 17, 1997). Technical
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  • A. General Requirements 5. In the First Space Station Reform Order, the Commission adopted various procedural reforms to expedite the satellite licensing process to ensure that satellite spectrum and orbital resources will be used efficiently, to the benefit of American consumers. In revising the satellite licensing rules, the Commission adopted a ``first-come, first-served'' procedure for GSO-like systems. Pursuant to Section 25.158(b)(3), a GSO-like satellite license application will be granted only if the applicant meets the standards set forth in Section 25.156(a), and the proposed satellite will not cause harmful interference to a previously licensed satellite. Pursuant to Section 25.156(a), the Commission will grant GSO-like applications if the Commission finds that the applicant is legally, technically and otherwise qualified, that the proposed
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  • A. General Requirements 5. In the First Space Station Reform Order, the Commission adopted various procedural reforms to expedite the satellite licensing process to ensure that satellite spectrum and orbital resources will be used efficiently, to the benefit of American consumers. In revising the satellite licensing rules, the Commission adopted a ``first-come, first-served'' procedure for GSO-like systems. Pursuant to Section 25.158(b)(3), a GSO-like satellite license application will be granted only if the applicant meets the standards set forth in Section 25.156(a), and the proposed satellite will not cause harmful interference to a previously licensed satellite. Pursuant to Section 25.156(a), the Commission will grant GSO-like applications if the Commission finds that the applicant is legally, technically and otherwise qualified, that the proposed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3164A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3164A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3164A1.txt
  • A. General Requirements 5. In the First Space Station Reform Order, the Commission adopted various procedural reforms to expedite the satellite licensing process to ensure that satellite spectrum and orbital resources will be used efficiently, to the benefit of American consumers. In revising the satellite licensing rules, the Commission adopted a ``first-come, first-served'' procedure for GSO-like systems. Pursuant to Section 25.158(b)(3), a GSO-like satellite license application will be granted only if the applicant meets the standards set forth in Section 25.156(a), and the proposed satellite will not cause harmful interference to a previously licensed satellite. Pursuant to Section 25.156(a), the Commission will grant GSO-like applications if the Commission finds that the applicant is legally, technically and otherwise qualified, that the proposed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3164A1_Erratum.doc
  • A. General Requirements 5. In the First Space Station Reform Order, the Commission adopted various procedural reforms to expedite the satellite licensing process to ensure that satellite spectrum and orbital resources will be used efficiently, to the benefit of American consumers. In revising the satellite licensing rules, the Commission adopted a ``first-come, first-served'' procedure for GSO-like systems. Pursuant to Section 25.158(b)(3), a GSO-like satellite license application will be granted only if the applicant meets the standards set forth in Section 25.156(a), and the proposed satellite will not cause harmful interference to a previously licensed satellite. Pursuant to Section 25.156(a), the Commission will grant GSO-like applications if the Commission finds that the applicant is legally, technically and otherwise qualified, that the proposed
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  • DBS and DARS) and an Application for an Earth Station to Access a Non-U.S. Satellite Not Currently Authorized to Provide the Proposed Service in the Proposed Frequencies in the United States officially filed the moment you file them through IBFS. The system tracks the date and time of filing (to the millisecond). For purposes of the queue discussed in Section 25.158 of this Chapter, we will base the order of the applications in the queue on the date and time the applications are filed, rather than the ``Official Filing Date'' as defined here. 2) All Other Applications. We consider all other applications officially filed once you (a) file the application in IBFS and (2) applicable filing fees are received and approved
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  • unique sharing arrangements proposed by the applicants. A simple division of the Little LEO spectrum among the qualified applicants in a modified processing round would be inconsistent with those sharing arrangements. Therefore, in order to preserve the carefully balanced policy decisions adopted by the Commission in the Second Processing Round Order, we conclude that a waiver of Sections 25.157 and 25.158 is warranted, to the extent necessary to permit consideration of any future Little LEO applications for the System 2 license under the first-come, first-served procedure, rather than the modified processing round procedure. In its discussion of the enforcement of milestone requirements, and as a means of preventing warehousing, the Commission adopted an additional milestone enforcement measure. As a logical outgrowth
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  • Round Order as System 1. A simple division of the Little LEO spectrum among qualified applicants at this time in a modified processing round would be inconsistent with those sharing arrangements. Therefore, in order to preserve the carefully balanced policy decisions adopted by the Commission in the Second Processing Round Order, we conclude that a waiver of Sections 25.157 and 25.158 is warranted, to the extent necessary to permit consideration of any future Little LEO applications for the System 1 license under the first-come, first-served processing procedure, rather than the modified processing round procedure. CONCLUSION Based on the foregoing, we conclude that Leo One did not implement its system consistent with the deadlines in its license. Consequently, Leo One's system license
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  • cause unacceptable interference. See ITU Radio Regulations Article 22, Section III, footnote 27, and Radio Regulations 22.6, 22.8, and 22.10. 47 C.F.R. § 25.280. See ICO Modification Application, Appendix A at 27-28. See ITU Radio Regulations, Article 22.5I, Table 22-4B. 47 C.F.R. § 25.143(b). Galaxy 9, Galaxy 11, Nimiq 1, and DirecTV-3. ICO Application at 41-42. See 47 C.F.R. § 25.158. See 47 C.F.R. § 25.137(b). Letter dated Jan. 6, 2005 from R.O. Phillips, Head of Satellite Unit, Office of Communications, to the FCC International Bureau. ICO Satellite Services G.P., DA 03-2077, 18 FCC Rcd 12339 (2003) (``First ICO Bandwidth Adjustment Order''); Celsat America, Inc., DA 03-2076, 18 FCC Rcd 12337 (2003); The Boeing Company, DA 03-2073, 18 FCC Rcd (2003);
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1504A1_Erratum.doc
  • cause unacceptable interference. See ITU Radio Regulations Article 22, Section III, footnote 27, and Radio Regulations 22.6, 22.8, and 22.10. 47 C.F.R. § 25.280. See ICO Modification Application, Appendix A at 27-28. See ITU Radio Regulations, Article 22.5I, Table 22-4B. 47 C.F.R. § 25.143(b). Galaxy 9, Galaxy 11, Nimiq 1, and DirecTV-3. ICO Application at 41-42. See 47 C.F.R. § 25.158. See 47 C.F.R. § 25.137(b). Letter dated Jan. 6, 2005 from R.O. Phillips, Head of Satellite Unit, Office of Communications, to the FCC International Bureau. ICO Satellite Services G.P., DA 03-2077, 18 FCC Rcd 12339 (2003) (``First ICO Bandwidth Adjustment Order''); Celsat America, Inc., DA 03-2076, 18 FCC Rcd 12337 (2003); The Boeing Company, DA 03-2073, 18 FCC Rcd (2003);
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  • IS FURTHER ORDERED, pursuant to Section 1.3 of the Commission's rules, 47 C.F.R. § 1.3, that Space Imaging LLC IS GRANTED a waiver of Sections 25.156 and 25.157 of the Commission's rules, 47 C.F.R. §§ 25.156, 25.157, to the extent necessary to enable the Bureau to consider its EESS application on a first-come, first-served basis as set forth in Section 25.158 of the Commission's rules, 47 C.F.R. § 25.158. IT IS FURTHER ORDERED that Application File No. SES-MOD-20040607-00809, Call Sign E960463, as amended by SES-AMD-20040728-01073, and SES-AMD-20040728-01075, IS GRANTED, and Space Imaging, LLC is AUTHORIZED to use its Norman, Oklahoma earth station to receive remotely-sensed data and imagery from the ResourceSat-1 satellite in the 8072.5-8177.5 MHz and 8247.5-8352.5 MHz bands in
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  • Satellite Division, International Bureau: INTRODUCTION 1. By this Order, we deny EchoStar Satellite LLC's (EchoStar) application to construct, launch, and operate a satellite at the 101° W.L. orbital location. As explained below, Mobile Satellite Ventures Subsidiary LLC (MSV) has first-in-line status under the Commission's first-come, first-served processing procedure with regard to the 101° W.L. orbital location. Therefore, pursuant to Section 25.158(b)(3)(ii) of the Commission's Rules, we deny Echostar's application. BACKGROUND 2. On February 10, 2004, EchoStar Satellite LLC (EchoStar), 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) at the 101° W.L. orbital location.
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  • to facilitate coordination to avoid harmful interference. Sections 25.142 through 25.149 provide licensing procedures for particular services or classes of satellites. Subpart B -- Applications and Licenses - Processing of Applications and Forfeiture, Termination, and Reinstatement of Station Authorizations: Sections 25.150 through 25.163 include well-defined procedures for processing applications to determine whether the applications are 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 pecuniary forfeitures may be assessed. Section 25.165 requires most space-station applicants
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  • band). See Lockheed February 2004 Amendment at 12. See 47 C.F.R. § 25.165. 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, 10776-77 (para. 7) (2003) (First Space Station Licensing Reform Order). Id. at 10773 (para. 21). 47 C.F.R. § 25.158(a). 47 C.F.R. § 25.158(a); First Space Station Licensing Reform Order, 18 FCC Rcd at 10773 (para. 21). First Space Station Licensing Reform Order, 18 FCC Rcd at 10773 (para. 21). See First Space Station Licensing Reform Order, 18 FCC Rcd at 10773 (para. 21). See First Space Station Licensing Reform Order, 18 FCC Rcd at 10773 (para. 22). See Lockheed
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  • band). See Lockheed February 2004 Amendment at 12. See 47 C.F.R. § 25.165. 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, 10776-77 (para. 7) (2003) (First Space Station Licensing Reform Order). Id. at 10773 (para. 21). 47 C.F.R. § 25.158(a). 47 C.F.R. § 25.158(a); First Space Station Licensing Reform Order, 18 FCC Rcd at 10773 (para. 21). First Space Station Licensing Reform Order, 18 FCC Rcd at 10773 (para. 21). See First Space Station Licensing Reform Order, 18 FCC Rcd at 10773 (para. 21). See First Space Station Licensing Reform Order, 18 FCC Rcd at 10773 (para. 22). See Lockheed
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  • IS FURTHER ORDERED that, pursuant to Section 1.3 of the Commission's rules, 47 C.F.R. § 1.3 that DigitalGlobe, Inc. IS GRANTED a waiver of Sections 25.156 and 25.157 of the Commission's rules, 47 C.F.R. §§ 25.156, 25.157, to the extent necessary to enable the Bureau to consider its EESS application on a first-come, first-served basis as set forth in Section 25.158 of the Commission's rules, 47 C.F.R. § 25.158. IT IS FURTHER ORDERED that, DigitalGlobe, Inc. is afforded 30 days from release of this Order to decline this authorization as conditioned. Failure to respond within that period will constitute formal acceptance of the authorization as conditioned. IT IS FURTHER ORDERED that, DigitalGlobe shall prepare the necessary information, as may be required,
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  • 7 (Table 4). Spectrum Five Consolidated Reply, Technical Appendix at 4. Spectrum Five June 23, 2005 Ex Parte Presentation at 1. Spectrum Five PDR, Exhibit 1 to Technical Annex at 6. But see EchoStar Satellite LLC, Order, DA 05-1955, rel. July 6, 2005 (denying EchoStar's application for a Ku-band FSS satellite at the 101° W.L. orbital location pursuant to Section 25.158 of the Commission's rules, because it would cause harmful interference to Mobile Satellite Ventures Subsidiary LLC's previously licensed operations at the same location). (``EchoStar 101 Denial Order''). The Commission's two-degree spacing policy for FSS has been in place for over 20 years. See Licensing of Space Stations in the Domestic Fixed-Satellite Service and Related Revisions of Part 25 of the
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  • the public interest. WAIT Radio v. FCC, 418 F.2d 1153, 1157 (D.C. Cir. 1969). First Space Station Licensing Reform Order, 18 FCC Rcd at 10810-12. See 47 C.F.R. § 25.116(b), (d). See 47 C.F.R. § 25.137(f) (modifications and amendments of spectrum reservation requests filed by non-U.S.-licensed satellite operators are treated like modifications and amendments of U.S. licensees). 47 C.F.R. § 25.158(b). In addition, non-U.S.-licensed satellite operators seeking to enter the U.S. market must show that (1) their satellite system is in orbit or operating, (2) they have been granted a license from another administration, or (3) their satellite system has been submitted for coordination to the ITU. 47 C.F.R. § 25.137(c). ICO's amended application shows that the United Kingdom has submitted
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  • at 2. ICO Amended Application, Attachment B at 14. First Space Station Licensing Reform Order, 18 FCC Rcd at 10810-12. See 47 C.F.R. § 25.117(d)(2)(iii). See 47 C.F.R. § 25.116(b), (d). See 47 C.F.R. § 25.137(f) (modifications and amendments of spectrum reservation requests filed by non-U.S.-licensed satellite operators are treated like modifications and amendments of U.S. licensees). 47 C.F.R. § 25.158(b). In addition, non-U.S.-licensed satellite operators seeking to enter the U.S. market must show that (1) their satellite system is in orbit or operating, (2) they have been granted a license from another administration, or (3) their satellite system has been submitted for coordination to the ITU. 47 C.F.R. § 25.137(c). ICO's amended application shows that the United Kingdom is continuing
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  • IT IS FURTHER ORDERED that, pursuant to Section 1.3 of the Commission's rules, 47 C.F.R. § 1.3, AfriSpace, Inc. IS GRANTED a waiver of Sections 25.156 and 25.157 of the Commission's rules, 47 C.F.R. §§ 25.156, 25.157, to the extent necessary to enable the Bureau to consider its AfriStar-2 application on a first-come, first-served basis as set forth in Section 25.158 of the Commission's rules, 47. C.F.R.§ 25.158. IT IS FURTHER ORDERED that, pursuant to Section 1.3 of the Commission's rules, 47 C.F.R. § 1.3, AfriSpace, Inc.'s request for a wavier of Section 25.210(c) of the Commission's rules IS GRANTED as set forth in this Order. IT IS FURTHER ORDERED that AfriSpace, Inc. is obliged to comply with the applicable laws,
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  • the spectrum should be split, the Appendix F location and any offset from a particular Appendix F location are considered the same orbital location. Reconsideration Order, para 37. In these cases, licensees will be allowed to select the particular band segment they wish to use no earlier than 60 days before they plan to launch the satellite. 47 C.F.R. § 25.158(d)(5). Reconsideration Order at para. 37. See Section 25.112(a)(1) of the Commission's rules, 47 C.F.R. § 25.112(a)(1). s, if Applicant A seeks to operate at 77° W.L., it must specify whether it is offset from the 75° W.L. or 79° W.L. Appendix F locations. 47 C.F.R. § 25.114(d). 47 C.F.R. § 25.140(b). 47 C.F.R. § 25.140(c). 47 C.F.R. § 25.210(i)(2). 47
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  • to facilitate coordination to avoid harmful interference. Sections 25.142 through 25.149 provide licensing procedures for particular services or classes of satellites. Subpart B -- Applications and Licenses - Processing of Applications and Forfeiture, Termination, and Reinstatement of Station Authorizations: Sections 25.150 through 25.163 include well-defined procedures for processing applications to determine whether the applications are 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
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  • Branch Information, Satellite Space Applications Accepted for Filing, Public Notice, Report No. SAT-00535 (rel. July 2, 2008); Policy Branch Information, Satellite Space Applications Accepted for Filing, Public Notice, Report No. SAT-00537 (rel. July 11, 2008) (corrections). ``GSO-like space station'' is defined as a geostationary satellite orbit space station designed to communicate with earth stations with directional antennas. 47 C.F.R. § 25.158(a). If 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.
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  • by SES Americom Inc. (SES) and Pegasus Development DBS Corporation (Pegasus). 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1132A1_Rcd.pdf
  • by SES Americom Inc. (SES) and Pegasus Development DBS Corporation (Pegasus). 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
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  • Accepted for Filing, Public Notice, Report No. SAT-00535 (rel. July 2, 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
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  • concerning different aspects of DIRECTV's PFD demonstration in a series of 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
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  • INTRODUCTION With this Order, we deny the request of DIRECTV Enterprises, LLC (DIRECTV) to substitute Pegasus Development DBS Corporation (Pegasus) as the applicant in DIRECTV's pending application for authority to construct, launch and operate a geostationary 17/24 GHz broadcasting-satellite service (17/24 GHz BSS) space station at the 107º W.L. orbital location. We find that DIRECTV's request is inconsistent with Section 25.158(c) of the Commission's rules that prohibits an applicant from transferring, assigning or otherwise permitting any other entity to assume its place in the satellite application licensing queue. Although we find no reason to assume that DIRECTV and Pegasus designed their proposal for speculative purposes, we find that granting a waiver of Section 25.158(c) would nevertheless undermine the purpose of that
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  • Bureau: I. INTRODUCTION 1.With this Order, we deny the request of DIRECTV Enterprises, LLC (DIRECTV)to substitute Pegasus Development DBS Corporation (Pegasus) as the applicant in DIRECTV's pending application for authority to construct, launch and operate a geostationary 17/24 GHz broadcasting-satellite service (17/24 GHz BSS) space station at the 107ºW.L. orbital location. We find that DIRECTV's request is inconsistent with Section 25.158(c)1of the Commission's rules that prohibits an applicant from transferring, assigning or otherwise permitting any other entity to assume its place in the satellite application licensing queue. Although we find no reason to assume that DIRECTV and Pegasus designed their proposal for speculative purposes,2we find that granting a waiver of Section 25.158(c) would nevertheless undermine the purpose of that rule. 2.Concurrently
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  • SAT-PPL-20071113-00159, grant stamp, dated February 7, 2008. Public Notice, Report No. SAT-00502, DA 08-394 (February 15, 2008) (Star One C5 Grant). 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, 10805 ¶¶ 108-110 (2003) (Space Station Reform Order); 47 C.F.R. § 25.158 (providing queue procedures for GSO-like satellite systems). 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1957A1_Rcd.pdf
  • the U.S. Treasury in the event that the operator does not meet one of its milestones and is not given an 4Amendment 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, 10805 ¶¶ 108-110 (2003) (Space Station Reform Order); 47 C.F.R. § 25.158 (providing queue procedures for GSO-like satellite systems). 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). 5See generallyStar One C5 Grant. 6Star One C5's petition indicated that the space station would "provide a wide
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  • systems, it might impose technical constraints on the non-U.S.-licensed system's operations in the United States or, when conditions cannot remedy the interference, deny access. 16. Section 25.137(c) of the Commission's rules provides that non-U.S.-licensed GSO-like space stations seeking to serve the United States can file market access requests that will be processed under our first-come first-served queue pursuant to Section 25.158 of the Commission's rules. Under this framework, an application that has been placed on public notice as accepted for filing will be granted if the applicant is legally and technically qualified, and if the proposed space station will not cause harmful interference to a previously licensed space station, or to a space station proposed in a previously filed application. 17.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1067A1_Rcd.pdf
  • systems, it might impose technical constraints on the non-U.S.- licensed system's operations in the United States or, when conditions cannot remedy the interference, deny access. 16. Section 25.137(c) of the Commission's rules provides that non-U.S.-licensed GSO-like space stations seeking to serve the United Statescan file market access requests that will be processed under our first-come first-served queue pursuant to Section 25.158 of the Commission's rules.38Under this framework, an application that has been placed on public notice as accepted for filing will be granted if the applicant is legally and technically qualified,39and if the proposed space station will not cause harmful interference to a previously licensed space station, or to a space station proposed in a previously filed application.40 17. While SPACEWAY
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  • Experimental Licenses: File No. Licensee: Call Signs: 0001-EX-TC-2011 HNS License Sub, LLC WE2XEW 0002-EX-TC-2011 HNS License Sub, LLC WD2XFP 0003-EX-TC-2011 HNS License Sub, LLC WD2XRV WAIVER REQUEST FOR PENDING APPLICATIONS The Applicants request that the Commission exempt all currently pending applications filed by Hughes and EchoStar from any Commission rule that would require those applications to be re-filed, including Section 25.158(c) of the Commission's rules, which prohibits the transfer of a GSO-like satellite applicant's place in a processing queue. The Applicants argue that the currently pending applications were announced well before the present transaction and that the present transaction serves an independent business purpose and was not entered into for the purpose of merely acquiring the pending applications. ex parte status
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-518A1_Rcd.pdf
  • Experimental Licenses: File No. Licensee: Call Signs: 0001-EX-TC-2011 HNS License Sub, LLC WE2XEW 0002-EX-TC-2011 HNS License Sub, LLC WD2XFP 0003-EX-TC-2011 HNS License Sub, LLC WD2XRV V. WAIVER REQUEST FOR PENDING APPLICATIONS The Applicants request that the Commission exempt all currently pending applications filed byHughes and EchoStar from any Commission rule that would require those applications to be re-filed, including Section 25.158(c) of the Commission's rules, which prohibits the transfer of a GSO-like satellite applicant's place in a processing queue.15The Applicants argue that the currentlypending applications were announced well before the present transaction and that the present transaction serves an independent business purpose and was not entered into for the purpose of merely acquiring the pending applications.16 1547 C.F.R. § 25.158(c). 16Hughes
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  • RB-2 Order granting DIRECTV authority to construct, launch and operate a 17/24 GHz BSS space station at the 102.825º W.L. orbital location. At the same time, we also deny Spectrum Five's request to access the U.S. market from a Netherlands-authorized 17/24 GHz BSS space station at the 103.15º W.L. orbital location. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 25.158(b)(3)(ii) of the Commission's Rules, that the Petition for Declaratory Ruling filed by Spectrum Five LLC, IBFS File Nos. SAT-LOI-20081119-00217, SAT-AMD-20120314-00044, Call Sign S2778, IS DENIED. IT IS FURTHER ORDERED that the Petition to Deny filed by DIRECTV Enterprises, LLC against the Spectrum Five LLC Petition for Declaratory Ruling IS GRANTED. IT IS FURTHER ORDERED that the Motion for Leave to
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  • Washington, D.C. 20554 ) ) In the Matter of ) ) Amendment of the Commission's Space ) IB Docket No. 02-34 Station Licensing Rules and Policies ) ) ) ) Released: September 10, 2003 This Second Erratum corrects errors in the First Report and Order in IB Docket No. 02-34, as corrected by the First Erratum. In Appendix B, Section 25.158 is corrected to read as follows: (4) In the event that two or more mutually exclusive applications filed at the same time are granted pursuant to paragraph (d)(3) of this Section, the available bandwidth at the orbital location or locations in question will be divided equally among those licensees. In Appendix B, the references to "paragraph (c)(4)" in Sections 25.158(d)(5),
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  • its proposed space station (Call Sign: S2699) in the same spectrum at the same orbital location. In the 17/24 GHz Report and Order, the Commission indicated that for the then pending applications where more than one applicant filed for an Appendix F location or its associated offsets, it would "divide the available spectrum equally among the applicants pursuant to rule 25.158(d)." FCC 07-76, at para. 143. As part of its amendment, DIRECTV requests the Commission to "treat Pegasus as if it had filed two of the three pending applications for 17/24 GHz BSS band frequencies at 107º 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
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  • operated at the 107.1° W.L. orbital location using the 28.35-28.6 GHz, 29.25-29.5 GHz, and 29.5-30.0 GHz frequencies (Earth-to-space), the 18.3-18.8 GHz and 19.7-20.2 GHz frequencies (space-to-Earth), the 18.8-19.3 GHz frequencies (space-to-Earth) on a non-interference basis, and the 28.6-29.1 GHz frequencies (Earth-to-space) on a secondary basis. Hughes requests waivers, to the extent necessary, of the following Commission rules: Section 25.114(a)-(d), Section 25.158, Section 25.164(a), Section 25.165, and Section 2.106 Footnote NG165 to the United States Table of Frequency Allocations. (Hughes was previously granted market access to provide fixed-satellite services to the United States using EchoStar XVII (formerly SPACEWAY 4)). See Hughes Network Systems, LLC, IBFS File No. SAT-LOI-20091110-00119, granted May 5, 2010). S2863 SAT-RPL-20120326-00061 E Replacement Satellite Application (no new frequency) 03/26/2012
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  • (1) Applications for launch and operation of an on-ground spare NGSO-like satellite will be considered pursuant to the procedures set forth in Section 25.157 of this Chapter, except as set forth in paragraph (g)(3) of this section. (2) Applications for launch and operation of an on-ground spare GSO-like satellite will be considered pursuant to the procedures set forth in Section 25.158 of this Chapter, except as set forth in paragraph (g)(3) of this section. (3) Neither paragraph (g)(1) nor (g)(2) will apply in cases where the space station to be launched is determined to be an emergency replacement for a previously authorized space station that has been lost as a result of a launch failure or a catastrophic in-orbit failure. 6.
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  • (1) Applications for launch and operation of an on-ground spare NGSO-like satellite will be considered pursuant to the procedures set forth in Section 25.157 of this Chapter, except as set forth in paragraph (g)(3) of this section. (2) Applications for launch and operation of an on-ground spare GSO-like satellite will be considered pursuant to the procedures set forth in Section 25.158 of this Chapter, except as set forth in paragraph (g)(3) of this section. (3) Neither paragraph (g)(1) nor (g)(2) will apply in cases where the space station to be launched is determined to be an emergency replacement for a previously authorized space station that has been lost as a result of a launch failure or a catastrophic in-orbit failure. 6.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-102A6_Erratum.doc
  • Washington, D.C. 20554 ) ) In the Matter of ) ) Amendment of the Commission's Space ) IB Docket No. 02-34 Station Licensing Rules and Policies ) ) ) ) Released: September 10, 2003 This Second Erratum corrects errors in the First Report and Order in IB Docket No. 02-34, as corrected by the First Erratum. In Appendix B, Section 25.158 is corrected to read as follows: (4) In the event that two or more mutually exclusive applications filed at the same time are granted pursuant to paragraph (d)(3) of this Section, the available bandwidth at the orbital location or locations in question will be divided equally among those licensees. In Appendix B, the references to "paragraph (c)(4)" in Sections 25.158(d)(5),
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  • First Space Station Reform Order, 18 FCC Rcd at 10867-81 ¶¶ 285-329; 47 C.F.R. § 25.137. DISCO II Order, 12 FCC Rcd at 24173 ¶184 and 47 C.F.R. §§ 25.137(b) and (c). As amended in 2003, Section 25.137 now provides for processing and grant of LOIs for geostationary-orbit satellites pursuant to the ``first-come'' licensing procedure specified in 47 C.F.R. § 25.158. See 47 U.S.C. § 301 and 47 C.F.R. §§ 25.102, 25.115(d), and 25.137. Letter of Intent of TMI Communications and Company, Limited Partnership, File No. 189-LOI-97, IBFS No. SAT-LOI-19970926-00161. Because it proposed to route all traffic through a network-control station in Canada, TMI did not request an FCC reservation of spectrum for feeder-link transmission. Id. at ¶2. TMI Communications and
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  • determine . . . whether the public interest, convenience, and necessity will be served by the granting of [a Section 308] application,'' and, if so, the Commission ``shall grant such application''). 47 U.S.C. §§ 308, 309. First Space Station Licensing Reform Order, 18 FCC Rcd at 10764, n. 4. These rules became effective on August 27, 2003. 47 C.F.R. § 25.158. See Amendment of the Commission's Regulatory Policies to Allow Non-U.S. Licensed Satellites Providing Domestic and International Service in the United States, Report and Order, 12 FCC Rcd 24094, 24098 ¶ 7 (1997). Amendment of the Commission's Regulatory Policies to Allow Non-U.S. Licensed Space Stations to Provide Domestic and International Service in the United States, Report and Order, IB Docket No.
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  • on August 27, 2003. 17/24 GHz BSS is an unplanned band, as opposed to a planned band, which is a band for which the ITU has assigned frequencies at certain orbital locations to each country. Definition of DBS, see fn 2, supra. 47 C.F.R. § 25.202 and 25.202(a)(7). Cf. definition of BSS, see fn. 1, supra. See 47 C.F.R. § 25.158. In contrast, under the modified processing round approach for NGSO-like satellite systems, the Commission announces a cut-off date for filing applications and then divides the available spectrum equally among the qualified applicants. See First Space Station Licensing Reform Order, 18 FCC Rcd 10760, 10792-10822, paras. 71-159 (2003). See also 47 C.F.R. § 25.158. The Commission determined that in cases where
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-90A1_Erratum.doc
  • on August 27, 2003. 17/24 GHz BSS is an unplanned band, as opposed to a planned band, which is a band for which the ITU has assigned frequencies at certain orbital locations to each country. Definition of DBS, see fn 2, supra. 47 C.F.R. § 25.202 and 25.202(a)(7). Cf. definition of BSS, see fn. 1, supra. See 47 C.F.R. § 25.158. In contrast, under the modified processing round approach for NGSO-like satellite systems, the Commission announces a cut-off date for filing applications and then divides the available spectrum equally among the qualified applicants. See First Space Station Licensing Reform Order, 18 FCC Rcd 10760, 10792-10822, paras. 71-159 (2003). See also 47 C.F.R. § 25.158. The Commission determined that in cases where
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  • for their circumstances. We also remove the version of Section 25.114(d)(15)(iii) that was adopted in the Report and Order as the showing that was required by that rule is now incorporated into Section 25.140 of the rules. Revised Processing Procedure for Pending Applications In the Report and Order, we decided to treat all pending applications as simultaneously filed under Section 25.158(d) of our rules. We also recognized that all applicants will need to amend their pending applications to comply with the new 17/24 GHz BSS rules. Thus, we directed the International Bureau to release a Public Notice after the effective date of the new rules, inviting applicants to file conforming amendments and to consider those applications that are accepted for filing
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  • light of these anticipated material changes and the new 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
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  • Determination of Compliance with Satellite Implementation Milestones (Oct. 2, 2006), at Attachment 3 (confidential treatment requested). Petition for Reconsideration at 4, citing License Order, 21 FCC Rcd at 4040, ¶ 12. License Order, 21 FCC Rcd at 4040, ¶ 12. Petition for Reconsideration at 4. License Order, 21 FCC Rcd at 4040, ¶ 12. See also 47 C.F.R. §§ 25.157, 25.158, and 25.164(a) and (b). As noted, AtContact had filed several modification applications relating to individual GSO satellites. ; and 47 C.F.R. § 1.1107. 47 C.F.R. § 25.164. License Order, 21 FCC Rcd at 4035, ¶ 1 (emphasis added). License Order, 21 FCC Rcd at 4053, ¶ 49 (emphasis added). See also ¶ 68 (``[AtContact's] authorization shall be null and void''
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  • NGSO constellation.85Separate bond payments for each of AtContact's four GSO satellites and its NGSO system would have totaled $17 million, rather than the $5 million AtContact submitted. The Bureau's treatment of AtContact's system is consistent with its 77License Order,21 FCC Rcd at 4040, ¶ 12. 78Petition for Reconsiderationat 4. 79License Order,21FCC Rcd at 4040, ¶ 12. Seealso47 C.F.R. §§ 25.157, 25.158, and 25.164(a) and (b). 80As noted, AtContact had filed several modification applications relating to individual GSO satellites. 81The Commission is statutorily required to assess and collect application fees in accordance with the Schedule of Fees prescribed by Congress. 47 U.S.C. § 158; and 47 C.F.R. § 1.1107. 8247 C.F.R. § 25.164. 83License Order, 21 FCC Rcd at 4035, ¶ 1
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  • DISCO II policy that requires foreign-licensed space stations and operators to meet the same legal, technical and financial requirements that we require U.S. applicants to meet.''). Section 25.137(c) of our rules provides that non-U.S.-licensed GSO-like space stations seeking to serve the United States can file space station applications that will be processed under our first-come first-served queue pursuant to Section 25.158 of the Commission's rules. 47 C.F.R. § 25.137 (c) (``[A] non-U.S.-licensed GSO-like satellite system seeking to serve the United States can have its request placed in a queue pursuant to § 25.158 and considered before later filed applications of other U.S. satellite system operators . . . .''). Under this licensing queue, originally adopted in the Space Station Reform Order
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-188A1_Rcd.pdf
  • II policy that requires foreign-licensed space stations and operators to meet the same legal, technical and financial requirements that we require U.S. applicants to meet."). Section 25.137(c) of our rules provides that non-U.S.- licensed GSO-like space stations seeking to serve the United States can file space station applications that will be processed under our first-come first-served queue pursuant to Section 25.158 of the Commission's rules. 47 C.F.R. § 25.137 (c) ("[A] non-U.S.-licensed GSO-like satellite system seeking to serve the United States can have its request placed in a queue pursuant to § 25.158 and considered before later filed applications of other U.S. satellite system operators . . . ."). Under this licensing queue, originally adopted in the Space Station Reform Orderin
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  • Filing System. (c) A non-U.S.-licensed NGSO-like satellite system seeking to serve the United States can be considered contemporaneously with other U.S. NGSO-like satellite systems pursuant to §25.157 and considered before later-filed applications of other U.S. satellite system operators, and a non-U.S.-licensed GSO-like satellite system seeking to serve the United States can have its request placed in a queue pursuant to §25.158 and considered before later-filed applications of other U.S. satellite system operators, if the non-U.S.-licensed satellite system: (1) Is in orbit and operating; (2) Has a license from another administration; or (3) Has been submitted for coordination to the International Telecommunication Union. * * * * * (e) A non-U.S.-licensed satellite operator that is seeking to serve the United States pursuant
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  • System. (c) A non-U.S.-licensed NGSO-like satellite system seeking to serve the United States can be considered contemporaneously with other U.S. NGSO-like satellite systems pursuant to §25.157 and considered before later-filed applications of other U.S. satellite system operators, and a non- U.S.-licensed GSO-like satellite system seeking to serve the United States can have its request placed in a queue pursuant to §25.158 and considered before later-filed applications of other U.S. satellite system operators, if the non-U.S.-licensed satellite system: (1) Is in orbit and operating; (2) Has a license from another administration; or (3) Has been submitted for coordination to the International Telecommunication Union. * * * * * (e) A non-U.S.-licensed satellite operator that is seeking to serve the United States pursuant
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2003/dd030910.html
  • ASSIGN F BLOCK BROADBAND PCS LICENSE. (DA No. 03-2868). WTB. Contact: Rita Cookmeyer or Yolanda Lee at (202) 418-0660 [46]DA-03-2868A1.doc [47]DA-03-2868A1.pdf [48]DA-03-2868A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- AMENDMENT OF THE COMMISSION'S SPACE STATION LICENSING RULES AND POLICIES. This Second Erratum corrects errors in the 1st Report and Order & FNPRM, FCC 03-102, released May 19, 2003 in Appendix B, Section 25.158. (Dkt No. 02-34). Action by: Chief, Satellite Division, International Bureau by ERRATUM. (DA No. 03-2861). IB [49]DOC-238834A1.doc [50]DOC-238834A1.pdf [51]DOC-238834A1.txt SOUTH WILLIAMSPORT SABRECOM, INC. Granted the Petition and Reinstated the Application for Modification of the License for Aural Studio Transmitter Link, Call Sign WLP275 in the Microwave Services. Action by: Chief, Public Safety and Private Wireless Telecommunications Bureau, Wireless Telecommunications Bureau.
• http://www.fcc.gov/ib/sd/se/permitted.html
  • stations and the SATMEX 6 satellite shall be in compliance with coordination agreements reached between Mexico and other Administrations. 3. Communications between ALSAT-designated routine earth stations and the SATMEX 6 satellite shall be in compliance with the operator arrangement reached between Satmex and Telesat Canada in 2003, and any future modifications to which the parties agree. See also 47 C.F.R. 25.158 (b)(ii). 4. Satmexs request for waiver of Section 25.210(a)(3), 47 C.F.R. 25.210(a)(3), of the Commission's rules is granted on the condition that the operation of the SATMEX 6 satellite is consistent with coordination arrangements between Satmex and the operators of satellites adjacent to SATMEX 6 providing service to, from, or within the United States. If no adjacent operator arrangement exists,