Attachment REQUEST

REQUEST

REQUEST submitted by FCC,IB

REQUEST

2004-03-25

This document pretains to SAT-A/O-19940408-00016 for Authority to Operate on a Satellite Space Stations filing.

IBFS_SATAO1994040800016_377888

Federal Communications Commission Washington, 5@ 20554 International Bureau March 25,2004 VIA FACSIMILE (202-661-9042) AND U.S. MAIL Mr. Brian Weimer Skadden, Arps, Slate, Meagher & Flom LLP 1440 New York Ave., NW Washington, DC 20005-2111 Re: Celsat America, Inc. File Nos. 26/27/28-DSS-P-94; 36-SAT-AMEND-95; 65/66/67-SAT-AMEND- 96; 192-SAT-AMEND-97; 88-SAT-AMEND-98; lBFS File Nos. SAT-NO- 19940408-00016/17/18; SAT-AMD-19941125-00089; SAT-AMD- 19960124- 00007/8/9; SAT-AMD-19970925-00124; SAT-AMD-19980113-00009; SAT- AMD-20001103-00153 Dear Mr. Weimer: In connection with our review of Celsat’s Critical Design Review submissions dated December, 18, 2003, we noted that Celsat plans to operate its Tracking, Telemetry and Command (TT&C) subsystem in two bands, even though Celsat is authorized to operate in only one of those bands. Section 25.202(g) of the Commission’s rules requires authorized satellite service providers to operate their ?T&C subsystems “at either or both edges of the allocated band(s).”’ Thus, if Celsat plans to operate its TT&C outside of its authorized bands, Celsat must file a request to modify its authorization to add spectrum in that band, and seek a waiver of this rule.2 In addition, we have reviewed Celsat’s October 14, 2003 annual report filing (as well as an earlier letter from Celsat dated August 1, 2003) notifying us that Celsat’s satellite manufacturer, Space SystemslLoral, Inc., has filed for bankruptcy protection. Please advise us of Celsat’s assessment of the impact of this bankruptcy on Celsat’s ability to move forward with completion of its satellite ~ y s t e m .In~ particular, please provide evidence of payment (such as cancelled checks) not otherwise disclosed in Celsat’s December 18,2003 submission, and if none, any other assurances that Celsat will timely meet the remaining Commission milestones set forth in Celsat’s license. I 47 C.F.R. Q 25.202(g); see also WB Holdings I LLC, Memorandum Opinion and Order, 17 FCC Rcd 8217,8220 8 (2002). See id. at 8218, 8220 2,7-8 (rejecting licensee’s modification request to obtain spectrum for TT&C operations in the C-band). See The Establishment of Policies and Service Rules for the Mobile Satellite Service in the 2 GHz Band, Report and Order, FCC 00-302, 15 FCC Rcd 16127, 16178 9[ 108 (2000) (“we retain discretion to seek additional information from system proponents concerning any aspect of system progress”); see also Amendment of the Commission’s Space Station Licensing Rules and Policies, Mitigation of Orbital Debris, First Report and Order and Further Notice of Proposed Rulemaking in IB Docket No. 02-34, and First Report and Order in IB Docket No. 02-54,FCC 03-102, 18 FCC Rcd 10760, 10833‘j191 (2003) (“[Tlhe Commission retains discretion to require licensees to provide further information”).

Please file the requested information with the Commission’s Secretary by April 5,2004, with an electronic or hand delivered courtesy copy to Karl.Kensinger@fcc.gov. You may contact Karl Kensinger at (202) 418-0749 if you have any questions. Sincerely, Chief, Satellite Division International Bureau cc: Mr. David D. Otten Chairman and Chief Executive Officer Celsat America, Inc. 532 S . Gertruda Ave. Redondo Beach, CA 90277 Facsimile: (310) 316-2120 2


Document Created: 2004-06-01 11:50:23
Document Modified: 2004-06-01 11:50:23
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