Attachment REQUEST

REQUEST

REQUEST submitted by IB,FCC

REQUEST

2004-03-25

This document pretains to SAT-AMD-20001103-00153 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2000110300153_377902

                                 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




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

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