Attachment Narrative Exhibit SAT-AMD-20151223-00087

Attachment Narrative Exhibit

This document pretains to SAT-AMD-20151223-00087 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2015122300087_1119531

Before the
Federal Communications Commission
Washington, D.C. 20554

In the Matter of Application of )
) File No. SAT-MOD-20111021-00207
ORBCOMM License Corp. ) File No. SAT-AMD-20130212-00020
)
For Authority to Modify its Non-Voice, Non- ) File No. SAT-AMD-20151223-_____
Geostationary Satellite Service Space )
Segment License (S2103) )
)

FINAL ORBCOMM GENERATION 2 LAUNCH CERTIFICATION &
AMENDED FIFTH MILESTONE WAIVER OR MODIFICATION REQUEST

ORBCOMM License Corp. (“ORBCOMM”) is pleased to certify to the Commission that

the final ORBCOMM Generation 2 (“OG2”) satellite launch of eleven OG2 spacecraft was

successfully completed on December 21, 2015. All of the eleven new OG2 satellites were

deployed into their proper target insertion orbit after release from their dedicated launch vehicle

– a newly upgraded version of the SpaceX Falcon 9 rocket. ORBCOMM has established in-orbit

telemetry connections with each of the new OG2 satellites. Successful solar panel deployment

has been confirmed on all eleven spacecraft, and ORBCOMM has commenced pre-operational

testing of the new satellites.

Accordingly, by this submission, ORBCOMM further amends the above-captioned

application1 to revise ORBCOMM’s pending request for waiver or modification of the fifth

satellite performance milestone (i.e., “Certify Entire System Operational”) relating to the 2008

1
See, also, In the Matter of Applications by ORBCOMM License Corp. For Authority to
Modify its Non-Voice, Non-Geostationary Satellite System, Order & Authorization, DA 08-633
(March 21, 2008), 23 FCC Rcd 4804 (2008) (the “2008 Space Segment License Modification
Order”).

-2-

Space Segment License Modification Order (the “Fifth Milestone”).2 Specifically, as discussed

in more detail below, in the event that ORBCOMM’s pending request for full waiver of the Fifth

Milestone is not granted, by this amendment, ORBCOMM requests a partial waiver permitting

ORBCOMM’s above-stated certification of the successful final OG2 launch to constitute

satisfaction of the Fifth Milestone. Alternatively, in the event that partial waiver is not granted,

ORBCOMM respectfully requests that the Fifth Milestone deadline date be extended to June 30,

2016.

ORBCOMM’s Fifth Milestone Waiver or Modification Request seeks a full waiver of the

Fifth Milestone.3 ORBCOMM’s pending full waiver request, which is incorporated herein by

reference, sets forth a clear and compelling legal rationale for Commission grant of the requested

relief. Approval of ORBCOMM’s request for a full waiver of the Fifth Milestone would be the

result that most closely comports with the circumstances of the instant case, and the

Commission’s Rules, public policy mandates, and administrative efficiency objectives.4 Grant of

ORBCOMM’s pending full waiver request is further bolstered by the Commission’s newly

adopted specific exemption of NGSO replacement satellites from performance bond and

milestone requirements set forth in the 2015 Part 25 Revision Order.5 Accordingly, the public

2
See, Modification Application Amendment, File No. 20130212-00020, Narrative Exhibit,
at pp. 4-9 (February 12, 2013) (“Fifth Milestone Waiver or Modification Request”). See, also,
2008 Space Segment License Modification Order, at ¶ 23(d). ORBCOMM’s Fifth Milestone
Waiver or Modification Request was placed on Public Notice, and is unopposed. See, FCC
Public Notice, Report No. SAT-00933, released March 1, 2013.
3
Fifth Milestone Waiver or Modification Request, Narrative Exhibit, at pp. 4-9.
4
Id. See, also, Comprehensive Review of Licensing and Operating Rules for Satellite
Services, Second Report and Order, IB Docket No. 12-267, FCC 15-167 (Released December 17,
2015) (“2015 Part 25 Revision Order”), at ¶ 340, and Appendix B ¶ 32.
5
Id.

-3-

interest, convenience and necessity would be well-served by Commission grant of

ORBCOMM’s request for a full waiver of the Fifth Milestone.

If, however, ORBCOMM’s request for full waiver of the Fifth Milestone is not granted

by the Commission, ORBCOMM respectfully requests a partial waiver to permit ORBCOMM’s

above-stated certification of the successful in-orbit deployment of the final eleven OG2 satellites

to constitute satisfaction of the Fifth Milestone.6 Given the facts in the instant case, and the

performance bond and milestone exemption for NGSO replacement satellites recently adopted in

the 2015 Part 25 Revision Order,7 there is good cause for grant of the requested partial waiver.

The OG2 satellites are specifically authorized as replenishment spacecraft to support and

enhance the ongoing operations of the ORBCOMM Non-Voice Non-Geostationary mobile

satellite service constellation (the “ORBCOMM System”).8 The ORBCOMM System

commenced commercial operation in 1995, following the launch of the first two ORBCOMM

satellites on April 3, 1995,9 and has remained in continuous operational status for more than

twenty years. The ORBCOMM System has and continues to make full use of its authorized

spectrum and orbital resources to provide worldwide coverage and service availability.

6
Upon grant of the requested partial waiver, ORBCOMM also requests that the
Commission allow ORBCOMM to cancel its remaining $1 million performance bond associated
with the 2008 Space Segment License Modification Order.
7
Supra, at FN 4.
8
See, e.g., 2008 Space Segment License Modification Order, at ¶¶ 1 & 7.
9
See, Successful Launch of Initial ORBCOMM Satellites, Letter to Scott B. Harris, Chief,
FCC International Bureau, from Stephen L. Goodman, Counsel for Orbital Communications
Corporation, File No. SAT-A/O-19990228-00011 (Old File No. 00022-DSS-P-90) (April 11,
1995).

-4-

The successful December 21, 2015 launch was ORBCOMM’s final OG2 program

satellite deployment, and should be deemed sufficient to satisfy the public policy objectives of

the Fifth Milestone. The Commission’s satellite performance bond and license milestone Rules

and policies were adopted to address the specific public interest objectives of deterring

speculation and precluding “warehousing” of authorized frequencies and orbital resources.10 It

is eminently clear that there is no speculation or “warehousing” occurring with respect to the

ORBCOMM System or the OG2 ORBCOMM System replenishment program. The Commission

has clearly recognized that the OG2 satellites do not constitute a new satellite system.11

Continuing to require ORBCOMM to abide by the Fifth Milestone as originally written in the

2008 Space Segment Modification Order effectively requires ORBCOMM to maintain its

remaining $1 million performance bond until it certifies the operational status of the

ORBCOMM System – which has been continuously operational for more than twenty years.

Such a result would be administratively inefficient, and nonsensical. It would also be

inconsistent with the Commission’s newly adopted satellite performance bond and milestone

Rules. Accordingly, grant of ORBCOMM’s request for partial waiver of the Fifth Milestone will

serve the public interest, convenience and necessity.

Nonetheless, in the unlikely event that ORBCOMM’s request for waiver relief is not

granted by the Commission, ORBCOMM amends its pending alternative request for extension of

the Fifth Milestone deadline date.12 Due to ongoing OG2 program delays,13 all of which have

10
See, e.g., 2015 Part 25 Revision Order, at ¶ 53.
11
Supra, at FN 8. See, also, 2015 Part 25 Revision Order, at ¶ 340, and Appendix B ¶ 32.
12
See, Fifth Milestone Waiver or Modification Request, Narrative Exhibit, at 5.
ORBCOMM’s pending alternative request in the event waiver relief is not granted sought to
extend the Fifth Milestone deadline date to December 31, 2015.

Document Created: 2015-12-23 11:52:13
Document Modified: 2015-12-23 11:52:13

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