Attachment 1997Commission Lette

1997Commission Lette

LETTER submitted by IB,FCC

Commission letter May 13 1997

1997-05-13

This document pretains to SAT-A/O-19900504-00016 for Authority to Operate on a Satellite Space Stations filing.

IBFS_SATAO1990050400016_1059656

                                    FEDERAL COMMUNICATIONS COMMISSION
                                            WASHINGTON, 0.C. 20554



INTERNATIONAL BURZAU




                                                                                         Tel: 202—418—0719
                                                                                          Fax: 202—418—0748




        May 13, 1997

        Hogan & Hartson L.L.P.
        555 Thirteenth Street, N.W.
        Washington, D.C. 20004

        Attention:     ‘Peter A. Rohrbach
                       Karis A. Hastings

        Re:     Starsys Global Positioning, Inc.: Commencement of Construction



        Dear Mr. Rohrbach and Ms. Hastings:
        The Order and Authorization granting Starsys‘s Little LEO license application, which was
        issued on November 20, 1995, declared that unless extended for good cause the license would
        become null and void in the event that specified implementation deadlines were not met,
        including one requiring construction of the first two system satellites to commence by
        November 1996. Starsys Global Positioning, Inc., 11 FCC Red 1237 at ©28. In a petition
        filed on February 12, 1997, Leo One USA Corporation alleged that a press report published
        on January 13, 1997 indicated that construction had not yet begun on any of the satellites for
        Starsys‘s system.                                    _

        The Commussion has regarded the timely execution of a non—contingent construction contract
        as fulfilling the construction—commencement condition in satellite licenses. See, eg., Letter
        from Chief, Domestic Facilities Division to GE American Communications, Inc. (June 7,
        1990). In the "Opposition" that you filed for Starsys on February 26, 1997, you asserted that
        "Starsys has a contract with Alcatel Espace in force that will permit Starsys to meet the
        construction completion and launch dates specified in the ... authorization." It is not clear
        from this statement when the contract was signed, whether it is subject to any material


contingencies, and whether it requires Alcatel to complete construction of the first two
satellites by the pertinent deadline specified in (28 of the Order and Authorization. Please
furnish that information within 15 days of the date of this letter by submitting an attested
copy of the contract.


                                            Sincegely yours,




                                            Thomas S. Tycz         W
                                            Chief, Satellite and Radiocommunication Division
                                            International Bureau

ce:    Robert A. Mazer
       Albert Shuldiner
       Vinsor & Elkins LLP.
       1455 Pennsylvania Avenue, N.W.
       Washington, D.C. 20004
       Counsel for Leo One USA Corporation
                               s



Document Created: 2014-08-27 15:55:12
Document Modified: 2014-08-27 15:55:12

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