Form 702

0019-EX-AU-2001 Text Documents

Orbital Communications Corporation

2001-08-01ELS_47632

SECTION If (APPLICANON PORTON FOR FCC USE ONLY cceEX AV— 200 Service File No. and Ca INSTRUCTIONS Section II contains two parts: — . PART 1 is to be compleled by assignor (the present permiltee or licensee}, whenever the legal right to construct of to control the use and operation of slation is to be assigned by voluntary act, as by contract or other agreement, of by involuntary act such as decth, legal disability, bankruptcy, or other legal proceedings. PART !} is to be compleled by assignee who wishes to obtain the legal right to construct or to control the use and operation of station, as a result of voluntary act (contract or othet agreement), of involuntary act (death or legal disability) of grantee of construction authorization or licensee, or by involuntary assignment of the physical property constituling the station in bankruptcy proceedings, of olher court order, or by aperation of law in any other manner. Applicant is advised that if the Commission consents to request for assignment, the Commission must be notified by leiter of consummation (see appropriate Rulepart for specific requirements). PART | — To Be Compileted By Assignor 1. Name of Assignor Orbital Communications Corporation Mailing Address (Street or P. O. Box, City, State and ZIP Code) 21819 Atlantic Boulevard — Dulles, VA 20166 2. Nome of Assignes ORBCOMM License Corp. Mailing Address (Streat or P. 0. Box, City, State and ZIP Code) 21819 Atlantic Boulevard, Dulles, VA 20166 3. Provide the information for the facitities authorized to for which is in this a. Call Sign b. File Number c. Location d. Expiration Date @. No. of 1. Service Stations erimental 4. Provide below the following information for incomplete or unconstructed tacilities (listed in item 3) in which assignment is sought (a) call sign; (b) file numbers; and (c) date by which construction must be completed. 5. CERTIFICATION: The undersigned represents that the license will not be assigned, or that control will not be transferred unfil the > Commission‘s consent has been received; that alil the attiached exhibits are a material patt hereof and are incorporated herein as if set out in full in this application; and that all statements made in Part 1 of this application are true, complete and cortrect to the best of his (her) knowledge and beliet. Lrequest that the Commission grant its written consent to the foregoing assignment. WILLFUL FALSE STATEMENTS MADE ON THIS APPLICATION ARE PUNISHABLE BY FHNE AND iIMPRISONMENT (U.s. CODE, TiTLE 18, SECTION 1001) AND/OR REVOCATION OF ANY AUTHORIZATION (U.$. CODE, TITLE 47, SECTION 312(a)(1}), AND/OR FORFEITURE (U.$. CODE, TITLE 47, SECTION 503). Typed Name of Person Signing Mailing Address (Street or P. 0. Box, City, State and ZIP Code} Kenneth H. Sunshi 21819 Atlantic Boulevard °_ eunsnine Dulles, VA 20166 Signature of Authorized Offices or Agent(if signed by an agent other than the authorized officer Date or assignor, power of attorney or other authority of agent to sign must be attached). I< P1 H’ é y 4 — 2 3 :o [ FCC 702 — Page 2 October 1997

PART II — To Be Completed By Assignee 6. Name of Assignee (if a corporation, state corporate name; if a partnership, state names of ail partners and the name under which the partnership does business;, if an unincorporated association, state the name of an executive officer, the office held by him/het. and the name of the association. The same name of names should be signed in the place provided at the end of the application, except that in the case of a partnership, the application may be signed in the name of the partnership by one of the pariners)}. ORBCOMM License Corp. Mailing Address (Street or P. 0. Box, City, State and ZIP Code) 21819 Atlantic Boulevard, Dulles, VA 20166 7(a). is this application made for consent to voluntary or involuntary assignment of permit or license? VOLUNTARY [] INYVOLUNTARY (Complete items 7(b) and 7(c)). (b) Name of Present Licensee and Call Sign {c) Aftach as Exhibit a copy of court order or other legal insfrument by which assignes has obtained the legal right to contruct or control the use and operation of station as a result of involuntary act of assignot. 6. State whether assignese is: {_] moiwviouar [ rartrnersiur CORPORATION [_] associaton 9. Attach as Exhibit a statement of assignese‘s principal business. 10. Attach as Exhibit a statement of any other business(es) applicant is directly or indlirecily interested in. If applicant is a corporation, explain in statement other business(es) the officers, directors, or principal stockhoiders are directly or indirectly interested in. PLACE AN "XCiN THE APPROPRIATE COLUMN. YES NO |YIY 11. is individual assignee, or if partnership, each member of partnership a cifizen of the United States? 12. is assignee or any party to this application a representative of an alien or of a foreign government? 13(a) Has the assignee been finally adjudged guilty by a Federal Court of uniawfully monopolizing, or aftempting to monopolize, radio communication direcily or indirectly through control of manufacture or sale of radio Y apparatus, exciusive traffic arangements, or any other means, or of unfair methods of compelifion? (b) Has the assignee, or any party to this application, or any person directly or indirectly controlling the assignee ever been convicted of a crime for which the penalty imposed was a fine of $500 or more, or an imprisonment Y¥ >e of six months or more? If "YE$", attach as Exhibit a statement relating the facts. {c} is assignee directily or indirectly controlled by any party findlly adjudged guilty as above stated? |Y| 14(a) is assignes directly or indirectily, through stock ownership, cor\tfiqt. ot otherwise, interested in the ownership Y¥ or have confrol of any other radio stations? N "YES", in Exhibit , give call letters and location of such stations. (b) Has the assignee in the past fifteen years been direcily or indirecily interested in the ownership or control of any radic stations other than those referred to under (a)? If "YES", in Exhibit , give classes of J x stations and exact names of licensees. 15. if assignment involves any Multipoint Distribution Service (MDS or MMDS} authorizations, is assignee direcity or indirectly interested in or affiliated with, or has leasing arrangements with a cable television company? i "YES®, > submit as Exhibit _______ a description of the relationship and a map showing overlap of boundaries of cable franchise area and MDS station‘s protected service area, if any. 16. If assignment involves any authorizations for Part 21 or Part 101 stations, answer (a) and (b) below. Part 21 applicants must also complete (c). (a) Does authorization involve facilifies that have not been constructed? J If "*YES", does assignee represent that it has, or has reasonable assurance that it will have, the ability to meet the expected cost of constructing any such facilifies within the consfruction period, and the estimated operating expenses for tweive months? (b} Were facilities authorlized following a comparative hearing and have been operated less than one year; or invoive facilifies that have not been constfructed; or involve facilities that were authorized following a random . selection proceeding in which the succestful applicant received a preference and that have been operated for iess than one year? (c) Does assignee acknowledge that, if Commission consents, assignment must be completed within 45 days of J date of consent and Commission must be nofffied by assignee in writing within 10 days of consummation? 17. if assignes is a corporation or association, answer the following: {a) Under laws of what State or Country is it organized? > Delaware (b) Aftach as Exhibit _2 a certified copy of the Articles of Incorporation if not heretofore filed with the Commission. if previously filed, state date and FCC Division: J> (c} is more than one—fifth of capital stock owned of record or may it be voted by aliens or their representatives or by a forsign government or representalives thereof, or by any corporation organized under the Iaws of a > x foreign country? (d) is any director or officer an alien? if "YES®, iist in Exhibit ‘C‘_ the names and posifion of each. J X FCC 702 — Page 3 October 1997

PART i — To Be Completed By Assignee (continued) 17. {continued) in Exhibit _ C ‘_ , give the names and addresses of all stockholders owning and/or voling 10% or more of assignee‘s stock and percentage of stock held by each. PLACE AN ‘X" 1N THE APPROPRIATE COLUMN. YESs NO 18(0) is assignes directly or Indirectly controlled by any other corporation? If "YES", in Exhibit ‘ C I , give name »>| x and address of such controlling corporation. (b)_Under the laws of what State or Country is the controlling coporation organized? > Delaware (c) is more than one—fourth of capital stock of such corporation owned of record or may it be voted by aliens, their representatives, or by a foreign government or representative thereof, by any corporation organized > x under the laws of a foreign country? (d) is any director or officer of the confrolling corporation an alien? If "YES", in Exhibit _‘ ((‘ _, give name and position of each. »| x (e) is the above described controliing corporate in turn a subsidiary? if "YES®, aftach additional sheets answering questions 18(a) to 18(e), inclusive, for each corporation to and including the organization B x having final control, see Exhibit ‘C‘ 19. If applicant is an unincorporated association, answer 19(a) to 19(c): {0) in Exhibit , describe purpose of association and provide number of members in the association. (b) Attach as Exhibit a certified copy of the Articles of Association if not herelofore filed with the Commission. if previously filed, state date and FCC Division: > (c) Are any members aliens? if "YES", in Exhibit , give names and position of each. J> 20(a) is assignee personally familiar with the Commission‘s rules governing the service which are the subject of this application? »| y (b) Has assignee examined the subject facilities and determined that construction and operation is in > x compliance with current authorizations and the Commission‘s rules? 21(a) State assignee‘s relafion to assignor, station or license: (b) Idenfify ulflmate parent corporation, if assignee is a subsidiary and D Pro Forma Assignment D Manager give names and addresses of controlling individuals. D Lessee D Financier see Exhibit ‘C‘ Other Purchaser 23— (6) Attach as Exhibit _‘D‘. a copy of the agreement showing assignes‘s interest in stafion, if not on file with the Commission. H previously filed, state date and FCC Division: J»> (d) Attach as Exhibit "D" a statement of the nature of assignes‘s interest in use and control of station, if assignes is not lesses, or if this is not a pro forms assignment. 22. Will assignee have absolute control of station, both as to physical operation and service provided? YEs D NO if *NO*", attach as Exhibit , a copy of any contract which may affect assignes‘s right to do so. 23. Attach as Exhibit _‘ 1‘ a statement showing assignee‘s financial responsibility with respect to construction and/or operation of station. 24. Attach as Exhibit _‘ D‘ a statement indicating whether stock is to be sold for purpose of raising money to construct and/or operate station. 25. Attach as Exhibit_‘F,‘ a statement explaining how the consfruction and/or operation of the station will be in the public convenience, interest, or necessity. 26. The assignor‘s most recent applications for authorization are to be considered as part of this application, and the truth of the statements therein contained is hereby reaffirimed by the assignee, except insofar as the contrary expressly appears herein, and in the following particulars: 27. CERTFICATION:; The applicant waives any claim to the use of any particular frequency or of the electromagnetlc spectrum as agains! the regulatory power of the United States because of the previous use of the same, whether by license or otherwise, and requests that written consent be granted to assign the authorizations herein menfioned to him(her). The assignee assumes all the obligations and agrees to abide by alil the conditions imposed upon the assignor under the subject authorization except that he/she shail not be fiable for any act done by, of any right accrued or any suil or proceeding had or commenced against, the assignor priot to soid assignment. Neithe: the applicant nor any other party to the application is subject to a denial of Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti—Otug Abuse Act of 1988, 21 U.S.C. Section 862. because of a conviction for possession or distribution of a controlled substance. 1 certify that the statements made in PART Ii are true, complete, and correct to the best of my knowledge and belief. WILLFUL FALSE STATEMENTS MADE ON THIS APPLICATION ARE PUNISHABLE BY FINE AND IMPRISCONMENT (U.5. CODE, TITLE 18, SECTION 1001) AND/OR REVOCATION OF ANY AUTHORIZATION (U.S. CODE, THTLE 47, SECTION 312(a)(1)), AND/OR FORFEITURE (U.$. CODE, TNLE 47, SECTION 503). Typed Name of Person Signing [_] individual Applicant Don Tanco , DNy Baie [:] Member of Applicant Parmership C C Signavzn lAAA %AA 1A U 11— a S “OI WMKigeral Applicant Director Corporation or Association FCC 702 — Page 4 October 1997


Document Created: 2001-08-01 11:10:23
Document Modified: 2001-08-01 11:10:23
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