Attachment request

request

LETTER submitted by FCC,IB

request

2004-07-23

This document pretains to SAT-LOA-19950929-00138 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA1995092900138_385126

Federal Communications Commission Washington, DC 20554 international Bureau July 23, 2004 VIA FACSIMILE AND US MAIL Mr. John P. Stern Deputy General Counsel Loral Space & Communications, Ltd. 1755 Jefferson Davis Hwy Suite 1007 Arlington, VA 22202 Re: Request for additional information - CyberStar Licensee, LLC's File No. SAT-LOA-19950929-00138 Dear Mr. Stem: This letter requests additional information concerning CyberStar Licensee LLC' s (CyberStar) compliance with its Ka-band system implementation milestones for its satellite at 93" W.L. CyberStar's Ka-band license required it to begin construction of this satellite by January 2003. In assessing a licensee's compliance with the beginning construction milestone, the Commission requires the licensee to submit an executed non-contingent construction contract that contemplates no significant delays between the execution of the contract and the commencement of construction. On July 14, 2003, CyberStar, through its affiliate Loral Space and Communications Systems (Loral), submitted a copy of a construction contract executed in January 2003 for the satellite it indicates will be launched into the 93" W.L. orbit location. The Satellite Division has reviewed this contract and determined that the Performance Specification, submitted as Exhibit B to the contract, raises questions regarding CyberStar's compliance with the beginning construction milestone. Specifically, the Performance Specification indicates, in several instances, that the satellite under construction is to be located in the 139" E.L. rather than the 93" W.L. orbit location specified in CyberStar's authorization. Thus, we cannot conclude, on the basis of this contract, that CyberStar is in compliance with the construction commencement milestone for its licensed satellite to be located at 93" W.L. or that it can meet the remaining implementation milestones for this satellite. Consequently, we ask CyberStar to provide the following information: 1) An accurate Performance Specification for the satellite located at the 93" W.L. orbital location. 2) The date and amount of payments made under the contract. 3) Documentation that CyberStar will be able to meet its launch and operation milestones for the satellite located at the 93" W.L. orbital location.

This information must be filed with the Commission's Secretary by August 6,2004 with a hand- delivered or electronic courtesy copies to Louise Klees-Wallace, Louise.Klees- WalIace@fcc.gov. Failure to provide this information by this date will render CyberStar's Ka-band license for the satellite at 93" W.L. null and void. Please call Louise Klees-Wallace at (202) 418-1321 if you have any questions. Sincerely, Thomas S. Tycz Chief, Satellite Division International Bureau 2


Document Created: 2004-07-23 13:35:20
Document Modified: 2004-07-23 13:35:20
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