Attachment 1990Motion to Consol

1990Motion to Consol

MOTION submitted by GTE Spacenet

Motion To Consolidate Pleading Cycles

1990-10-26

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

IBFS_SATLOA1990073100044_1061251

                                        BEFORE THE

             Federal Communications Commission
                                  WASHINGTON, D.C. 20554




                                                                         )
  In the Matter of                                                       )
                                                                         )
  NORRIS SATELLITE COMMUNICATIONS, INC.                                  )              File Nos.
                                                                         )              54—DSS—P/L—90
  Application for Authority to Construct,)                                              55—DSS—P—90
  Launch and Operate Communications       )
    f              j
  Satellites in the Domestic
  Fixed—Satellite Service
                              |                                           ))
                                                                          )




                                                           Ne rvrnicnrz n N n n N Nid
  In the Matter of Petition of

  NORRIS      SATELLITE    COMMUNICATIONS,       INC.                                   RM No.   7511


  For Amendment of Parts           2   and 25
  of the Commission‘s Rules to Establish
  a General Satellite Service in the
  Ku—band (30/20 GHz)



                       MOTION TO CONSOLIDATE PLEADING CYCLES

         GTE Spacenet Corporation (GTE Spacenet), b& its attorneys,

  hereby moves to consolidate the filing of petitions and comments

  in the above—captioned matters and,                in.support thereof,                                states as

follows:
        kQ%@jJfilyl;G,"i9907 Norris Satellite Communications, Inc.

€ fN6f;ig)ffii§d with the_Commissionwthe above—captioned

  apglication'fbr'authbrity to construct, launch and operate

'V‘satellites in the Domestic Fixed—Satellite Service at Ka—band

F\(a§pi£cation)1          Also on that date, Norris filed with the
        ho
                                          }


Commission a petition for rulemaking and request for pioneer‘s

preference wherein it proposes to reallocate frequencies in the

Ka—band to a General Satellite Service and requests that its

application be awarded a pioneer‘s preference under the

Commission‘s recently—proposed pioneer‘s preference plan

(petition).   1/

      By Public Notice released October 3,        1990,   Norris‘

application was accepted for filing and November 8,             1990   was


established as the date for filing petitions or comments on that

application. 2/ Norris‘ petition was placed on public notice on

October 12,   1990.   3/ Pursuant to Section 1.405 of the

Commission‘s rules,     statements opposing or supporting petitions

for rulemaking may be filed within thirty days of the public

notice.   Accordingly, comments on Norris‘ petition must be filed

by November 12,    1990 —— two business days after the date for

filing petitions or comments on the Norris application.

      The substantive issues raised by Norris‘         application and its

petition are inextricably interlinked.          Whether Norris‘

application can or should be granted will be determined in part

by the disposition of its rulemaking petition and pioneer‘s




1/   Establishment of Procedures to Provide a Preférence to
     Applicants Proposing an Allocation for New Services, (Notice
     of Proposed Rulemaking),      5 FCC Red 2766     (1990).

2/   Public Notice,    DS—1009,   mimeo no.   5036.

3/   Public Notice — Petitions for Rulemaking Filed, Report No.
     1827, mimeo no. 10155.


preference request.     Indeed the application and petition cannot

be meaningfully evaluated separate from each other.

     Undersiqgned counsel has contacted counsel for Norris who

has indicated that Norris has no objection to the consolidated

pleading cycle proposed herein.

     Accordingly,    GTE Spacenet respectfully moves the Commission

to designate November 12,    1990 as the deadline for filing

petitions and comments on Norris‘    application and comments on

Norris‘ petition for rulemaking,    and that the Commission

establish appropriate dates for responsive pleadings (oppositions

and replies to oppositions on the application and reply comments

on the petition) .


                                     Respectfully submitted,

                                     GTE SPACENET CORPORATION




                                     MitchellIF. Brecher

                                     BISHOP,   COOK,   PURCELL AND REYNOLDS
                                     1400 L Street,    N.W.
                                     Washington, D.C.     20005—3502
                                     (202) 371—5710

                                     Its Attorney


October 26,   1990


                         CERTIFICATE OF SERVICE

     I,   Bonnie J.   Boling,    DO HEREBY CERTIFY that true and correct

copies of the foregoing Motion to Consolidate Pleading Cycles

have been served by hand,        on this 26th day of October,   1990 to

parties listed below:


                      * Richard M. Firestone, Esquire
                       Chief, Common Carrier Bureau
                       Federal Communications Commission
                       1919 M Street, N.W., Room 500
                       Washington, D.C.  20554

                      * James R. Keegan, Esquire
                        Chief, Domestic Facilities Divison
                        Common Carrier Bureau
                        Federal Communications Commission
                        2025 M Street,    N.W.,   Room 6010
                       Washington,     D.C.   20554

                      * Cecily C. Holiday, Esquire
                        Chief,    Satellite Radio Branch
                        Common Carrier Bureau
                        Federal Communications Commission
                        2025 M Street,    N.W.,   Room 6324
                       Washington,     D.C.   20554

                      * Fern J. Jarmulnek, Esquire
                        Satellite Radio Branch
                        Common Carrier Bureau
                        Federal Communications Commission
                        2025 M Street,    N.W.,   Room 6324
                       Washington, D.C.       20554

                      * Rosalee Gorman, Esquire
                        Satellite Radio Branch
                        Common Carrier Bureau
                        Federal Communications Commission
                        2025 M Street, N.W., Room 6324
                       Washington, D.C.       20554


            * Leslie A. Taylor, Esquire
             6800 Carlynn Court
             Bethesda, Maryland 20817—4302




                                 Bonnie J. BolWng   U

* By Hand



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Document Modified: 2014-09-12 13:37:50

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