FCC Web Documents citing 25.159

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

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  • 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 to post bonds that are subject to forfeiture in the event the license fails to meet implementation milestones. This
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  • has similar characteristics. contactMEO July Amendment, Annex 1. 47 C.F.R. § 25.202 (frequencies, frequency tolerances, and emission limitations) and section 25.210 (technical requirements for space stations in the Fixed-Satellite Service). 47 C.F.R. § 25.208(e) and Article 21.16 (Table 21-4) of the ITU Radio Regulations. See also First Space Station Licensing Reform Order, 18 FCC Rcd at 10784. 47 C.F.R. § 25.159. EchoStar Order, 19 FCC Rcd at 7851, 7853. EchoStar filed a Petition for Reconsideration of the Division's decision denying its applications. EchoStar Satellite LLC, Petition for Reconsideration, filed June 1, 2004. This request remains pending. contactMEO March Amendment, at 16. contactMEO March Amendment, Technical Appendix, at 7. contactMEO March Amendment, at 16. contactMEO March Amendment, at 16. 47 C.F.R. §
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-864A1_Erratum.doc
  • has similar characteristics. contactMEO July Amendment, Annex 1. 47 C.F.R. § 25.202 (frequencies, frequency tolerances, and emission limitations) and section 25.210 (technical requirements for space stations in the Fixed-Satellite Service). 47 C.F.R. § 25.208(e) and Article 21.16 (Table 21-4) of the ITU Radio Regulations. See also First Space Station Licensing Reform Order, 18 FCC Rcd at 10784. 47 C.F.R. § 25.159. EchoStar Order, 19 FCC Rcd at 7851, 7853. EchoStar filed a Petition for Reconsideration of the Division's decision denying its applications. EchoStar Satellite LLC, Petition for Reconsideration, filed June 1, 2004. This request remains pending. contactMEO March Amendment, at 16. contactMEO March Amendment, Technical Appendix, at 7. contactMEO March Amendment, at 16. contactMEO March Amendment, at 16. 47 C.F.R. §
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  • 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 post bonds that are subject to forfeiture in the event the license fails to meet implementation milestones. This increases
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  • Sign: S2752) Dear Mr. Michalopoulos: This letter refers to the above-referenced application filed by EchoStar Corporation (EchoStar) on May 23, 2008. In this application, EchoStar seeks authority to construct, launch, and operate a C-band Fixed Satellite Service (FSS) space station at the 84.9° W.L. orbital location. As set forth below, EchoStar is considered subject to the presumption specified in Section 25.159(d) of the Commission's rules as a result of EchoStar missing three space station milestones within a three-year period. In its application, EchoStar did not rebut the presumption or request a waiver of the rule. Consequently, we return the application as unacceptable for filing without prejudice to refiling. Section 25.112(a) of the Commission's rules provides that the Commission will return an
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1149A1_Rcd.pdf
  • Sign: S2752) Dear Mr. Michalopoulos: This letter refers to the above-referenced application filed by EchoStar Corporation (EchoStar) on May 23, 2008. In this application, EchoStar seeks authority to construct, launch, and operate a C-band Fixed Satellite Service (FSS) space station at the 84.9° W.L. orbital location. As set forth below, EchoStar is considered subject to the presumption specified in Section 25.159(d) of the Commission's rules as a result of EchoStar missing three space station milestones within a three-year period.1In its application, EchoStar did not rebut the presumption or request a waiver of the rule. Consequently, we return the application as unacceptable for filing without prejudice to refiling. Section 25.112(a) of the Commission's rules provides that the Commission will return an application
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  • 20554 EchoStar Corporation Application to Operate a C-Band Geostationary Satellite Orbit Satellite in the Fixed-Satellite Service at the 84.9º W.L. orbital location ) ) ) ) ) ) ) ) ) IBFS File No. SAT-LOA-20090528-00060 Call Sign: S2791 Adopted: July 29, 2010 Released: July 29, 2010 By the Chief, International Bureau: I. INTRODUCTION By this Order, and pursuant to Section 25.159(d) of the Commission's rules, we dismiss EchoStar Corporation's (EchoStar's) application to construct, launch, and operate a C-band satellite at the 84.9( W.L. orbital location. Applicants that have an established pattern of missing satellite implementation milestones as defined by Section 25.159(d) are prohibited by that rule from filing applications for new satellites until they rebut the presumption that they acquired one
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  • Communications Commission Washington, D.C. 20554 EchoStar Corporation Application to Operate a C-Band Geostationary Satellite Orbit Satellite in the Fixed-Satellite Service at the 84.9º W.L. orbital location )))))))))IBFS File No. SAT-LOA-20090528-00060 Call Sign: S2791 MEMORANDUM OPINION AND ORDER Adopted: July 29, 2010 Released: July 29, 2010 By the Chief, International Bureau: I. INTRODUCTION 1. By this Order, and pursuant to Section 25.159(d) of the Commission's rules, we dismiss EchoStar Corporation's (EchoStar's) application to construct, launch, and operate a C-band satellite at the 84.9 W.L. orbital location.1Applicants that have an established patternof missing satellite implementation milestones as defined by Section 25.159(d) are prohibited by that rule from filing applications for new satellites until they rebut the presumption that they acquired one or more
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  • LLC (``HNS'') and HNS License Sub, LLC (``HNS Sub''), which is wholly owned by HNS, to EchoStar. Based on the record established in this proceeding, we find that grant of the Application will serve the public interest, convenience, and necessity. We also conclude, based on EchoStar's surrender of five licensed-but-unbuilt 17/24 GHz Broadcasting-Satellite Service (BSS) space station authorizations, that Section 25.159(d) of the Commission's rules does not constrain EchoStar's ability to acquire Hughes assets, including certain pending applications. BACKGROUND Description of the Applicants The Transferor - BRH Holdings GP, Ltd. Leon Black, Marc Rowan, and Joshua Harris are the sole stockholders and directors of BRH Holdings GP, Ltd. BRH Holdings GP, Ltd, a U.K. company, indirectly controls Hughes Communications. Hughes Communications
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  • LLC ("HNS") and HNS License Sub, LLC ("HNS Sub"), which is wholly owned by HNS, to EchoStar.2 Based on the record established in this proceeding, we find that grant of the Application will serve the public interest, convenience, and necessity. We also conclude, based on EchoStar's surrender of five licensed-but-unbuilt 17/24 GHz Broadcasting-Satellite Service (BSS) space station authorizations, that Section 25.159(d) of the Commission's rules does not constrain EchoStar's ability to acquire Hughes assets, including certain pending applications. II. BACKGROUND A. Description of the Applicants 1. The Transferor ­BRH Holdings GP, Ltd. 2.Leon Black, Marc Rowan, and Joshua Harris are the sole stockholders and directors of BRH 147 U.S.C. § 310(d); 47 C.F.R. §§ 25.119(d), 25.137(g). 2SeeHughes Communications, Inc., Transferor, and
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  • bands. EchoStar states that to the extent that information relating to specific TT&C frequencies and satellite spacecraft design is not known because it has not selected a satellite manufacturer, EchoStar requests a limited waiver of the rules, to the extent one is necessary, to submit its application without the requested information. EchoStar also states that the presumption raised in Section 25.159(d) of the Commission's rules should not apply to this application. See Letter to Pantelis Michalpoulos, Counsel for EchoStar Corporation, from Robert Nelson, Chief, Satellite Division, DA 09-1149 (released May 27, 2009). To the extent the Commission determines that Section 25.159(d) applies to its application, EchoStar seeks a waiver of this rule. Inclusion of this application on this public notice is
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  • first one to request that particular band segment will be required to make another selection. (e) Services offered pursuant to a GSO-like license in a frequency band granted before the Commission has adopted frequency-band-specific service rules for that band will be subject to the default service rules in Section 25.217 of this part. 25. Amend part 25 by adding § 25.159 to read as follows: § 25.159 Limits on pending applications and unbuilt satellite systems. (a) Applicants with a total of five applications for GSO-like space station licenses on file with the Commission in a particular frequency band, or a total of five licensed-but-unbuilt GSO-like space stations in a particular frequency band, or a combination of pending GSO-like applications and licensed-but-unbuilt
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  • first one to request that particular band segment will be required to make another selection. (e) Services offered pursuant to a GSO-like license in a frequency band granted before the Commission has adopted frequency-band-specific service rules for that band will be subject to the default service rules in Section 25.217 of this part. 25. Amend part 25 by adding § 25.159 to read as follows: § 25.159 Limits on pending applications and unbuilt satellite systems. (a) Applicants with a total of five applications for GSO-like space station licenses on file with the Commission in a particular frequency band, or a total of five licensed-but-unbuilt GSO-like space stations in a particular frequency band, or a combination of pending GSO-like applications and licensed-but-unbuilt
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  • location. See ITU Appendices 30 and 30A. 47 C.F.R. § 25.164. Under this milestone schedule, one year after grant, the grantee must enter into a binding, non-contingent construction contract; at two years, complete critical design review; at three years begin construction of the first satellite; at five years, launch and operate the satellite. 47 C.F.R. § 25.165. 47 C.F.R. § 25.159. Under the existing DBS due diligence milestones, authorization holders must complete contracting for all system satellites within one year of grant; complete construction of the first satellite in the system within four years of grant; and all satellites in the system must be in operation within six years of grant. See 47 C.F.R. § 25.148(b). See, e.g., 47 C.F.R. §§
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  • Regulations, Articles 7, 8, 9, and 11. 47 C.F.R. § 25.164. Under this milestone schedule, the licensee must enter into a binding, non-contingent construction contract within one year of grant; complete critical design review within two years; begin construction within three years; and launch and operate the satellite within five years of grant. 47 C.F.R. § 25.165. 47 C.F.R. § 25.159. See, e.g., 47 C.F.R. §§ 25.143(e) (reporting requirements for 1.6/2.4 GHz mobile-satellite service (MSS) and 2 GHz MSS; 25.144(c) (reporting requirements for satellite digital audio radio service (SDARS); 25.145(f) (reporting requirements for fixed-satellite service in the 20/30 GHz bands); 25.10(l) (reporting requirements for FSS in the 4/6 GHz band). Other elements of the annual reports include a listing of non-scheduled
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  • Regulations, Articles 7, 8, 9, and 11. 47 C.F.R. § 25.164. Under this milestone schedule, the licensee must enter into a binding, non-contingent construction contract within one year of grant; complete critical design review within two years; begin construction within three years; and launch and operate the satellite within five years of grant. 47 C.F.R. § 25.165. 47 C.F.R. § 25.159. See, e.g., 47 C.F.R. §§ 25.143(e) (reporting requirements for 1.6/2.4 GHz mobile-satellite service (MSS) and 2 GHz MSS; 25.144(c) (reporting requirements for satellite digital audio radio service (SDARS); 25.145(f) (reporting requirements for fixed-satellite service in the 20/30 GHz bands); 25.10(l) (reporting requirements for FSS in the 4/6 GHz band). Other elements of the annual reports include a listing of non-scheduled
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  • 7433, para. 10. 47 C.F.R. § 25.165(a)(2). 47 C.F.R. § 25.164(a). Under this milestone schedule, the licensee must enter into a binding, non-contingent construction contract within one year of grant; complete critical design review within two years; begin construction within three years; and launch and operate the satellite within five years of grant. 47 C.F.R. § 25.165. 47 C.F.R. § 25.159. See First Space Station Licensing Reform Order, 18 FCC Rcd at 10846-51, paras. 228-39. 47 C.F.R. § 25.112. 47 C.F.R. § 25.158(c). See First Space Station Licensing Reform Order, 18 FCC Rcd at 10851-52, paras. 241-43. 17/24 GHz BSS NPRM, 21 FCC Rcd at 7433, para 10. 17/24 GHz BSS NPRM, 21 FCC Rcd at 7433, para 10. Intelsat Comments
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  • available spectrum equally among the qualified applicants. Space Station Licensing Reform Order, 18 FCC Rcd at ¶¶ 71-159. Under the first-come, first-served approach, applications are placed in a single queue and reviewed in the order in which they are filed. See Id. at ¶¶ 8-10. Id. at ¶¶ 49 & 124. Id. at ¶¶ 226-233. See also 47 C.F.R. § 25.159 and the Erratum to the Amendment of the Commission's Space Station Licensing Rules and Policies, 18 FCC Rcd. 15,306 (clarifying that GSO-like applicants must specify only one orbit location in each application on a going-forward basis) (released July 23, 2003). Id. at ¶ 281. Id. at ¶ 168. Id. at ¶¶ 173-208. Id. at ¶ 281. See Letter from John
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  • 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 treatment of other NGSO/GSO systems. Therefore, by its own terms, AtContact's failure to meet the beginning physical construction milestone rendered the authorization for AtContact's entire authorized system null and void. Section 25.159(d). AtContact maintains that Section 25.159(d) of the Commission's rules allows a licensee ``three strikes'' at missing a milestone before a license is revoked. AtContact contends that even if it missed one milestone, this constitutes only ``one strike.'' Section 25.159(d) in no way suggests this. Section 25.159(d) pertains to applicants who have an established pattern of missing milestones. Specifically, the rule
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  • and that this authorization would become null and void if a milestone was missed. 85License Order, 21 FCC Rcd at 4054, ¶ 57. 7578 Federal Communications Commission FCC 10-100 treatment of other NGSO/GSO systems.86Therefore, by its own terms, AtContact's failure to meet the beginning physical construction milestone rendered the authorization for AtContact's entire authorized system null and void. 34. Section 25.159(d). AtContact maintains that Section 25.159(d) of the Commission's rules allows a licensee "three strikes" at missing a milestone before a license is revoked.87AtContact contends that even if it missed one milestone, this constitutes only "one strike." Section 25.159(d) in no way suggests this.88Section 25.159(d) pertains to applicants who have an established pattern of missing milestones.89Specifically, the rule provides that if