Attachment 1997PN DA 97-1490 re

1997PN DA 97-1490 re

LETTER submitted by FCC

Enclosure

1997-07-16

This document pretains to SAT-LOA-19900731-00044 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA1990073100044_1061015

DA 97—1490 F€!) PUBLIC NOTICE ogfi AL Coi, wulcoy, FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET N.W. WASHINGTON, DC 20554 News media Information 202/418—0500 Recorded listing of releases and texts 202/418—2222. Report No. SPB—87 Released: July 15, 1997 CLARIFICATION OF EX PARTE STATUS OF 28 GHz KA—BAND APPLICATION PROCEEDINGS This Public Notice is intended to clarify the ex parte status of applications filed in several inter—related Commission proceedings involving the 28 GHz frequency band. As the Commission stated in a Public Notice released on April 20, 1994, Public Notice, 9 FCC Red 2081 (1994)("Public Notice"), over 450 entities had filed applications requesting authority to operate radio facilities in the 28 GHz band. These applications involved three different services: (1) the local multipoint distribution service ("LMDS"); (2)the fixed—satellite service ("FSS"); and (3) fixed feeder links for the mobile—satellite service ("MSS"). In the Public Notice, the Commission announced that these applications were mutually exclusive and that ex parte presentations were prohibited with respect to these applications under 47 C.F.R. § 1.1208(a). Since that time, the Commission has issued a Report and Order adopting a band segmentation plan that designates discrete frequencies for LMDS operations, MSS feeder link operations, and FSS operations. The plan further subdivides the designated FSS spectrum into specific frequencies for geostationary—satellite ("GSO") FSS satellites and for non— geostationary satellite orbit ("NGSO") FSS satellites. Rulemaking to Amend Parts I, 2, 21, and 25 of the Commission‘s Rules, 11 FCC Red 19005 (1996). No petitions for reconsideration were filed with respect to the band segmentation plan. For this reason, if the frequency band designated for a service (LMDS, MSS Feeder Link, GSO—FSS, or NGSO— FSS) for which authorization is sought differs from the band designated for a service of another application, we will no longer treat those applications as mutually exclusive. Applications within the same band or service may, however, still be mutually exclusive. Mutual exclusivity could arise as a consequence of requests for overlapping frequencies made in the same service band or for other reasons. We wish to clarify, for 1

DA 97—1490 example, that certain satellite applications that are pending in the 28 GHz band will be treated as mutually exclusive. Specifically, in 1992. the Commission granted Norris Satellite Communications, Inc. a license to construct and operate a GSO—FSS system in the 28 GHz band. See Norris Satellite Communications. Inc., 7 FCC Red 4289 (1992). In 1996, the International Bureau revoked Norris‘s license for failure to implement the system in compliance with the milestone schedule required by its license. See Norris Satellite Communications, 11 FCC Red 5402 (Int‘l Bur. 1996). Norris subsequently filed an Application for Review of the Bureau‘s Order and its appeal is pending before the Commission. The International Bureau, under delegated authority, has also granted 15 licenses for first—round GSO—FSS applicants in the 28 GHz frequency band, reassigning the orbit location that had been assigned to Norris to a new licensee. Assignment of Orbital Locations to Space Stations in the Ka—Band, DA 97—967 (rel.. May 9, 1997). On May 23. 1997, Norris filed a request for stay of the Assignment Order. If the Norris application were to be reinstated on appeal, there may be an insufficient number of orbit locations to accommodate all of the other first—round GSO—FSS licensees. Therefore, the Norris and GSO—FSS applications will be treated as mutually exclusive for ex parte purposes. Accordingly, ex parte presentations concerning the merits or the outcome of any of these inter—related applications will be prohibited until the application proceedings are no longer subject to administrative reconsideration or review or judicial review. 47 C.F.R. §§ 1.1202 (d)(1), 1.208. An ex parte presentation is any communication (spoken or written) directed to the merits or outcome of a proceeding made to a Commissioner, a Commissioner‘s assistant, or decision—making staff member, that, if written, is not served on other parties to the proceeding or, if oral, is made without advance notice and an opportunity for all parties to be present. For further information contact, Chris Murphy, International Bureau (202) 418—2373.


Document Created: 2014-09-12 14:56:02
Document Modified: 2014-09-12 14:56:02
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