Attachment 2003Astrolink-FCC lt

2003Astrolink-FCC lt

LETTER submitted by IB,FCC

request

2003-10-23

This document pretains to SAT-LOA-19950929-00140 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA1995092900140_807301

                               Federal Communications Commission
                                        Washington, D.C. 20554
                                                                                                  International Bureau
                                                                                                  Satellite Division




                                                     October 23, 2003

VIA FACSIMILE AND US MAL

Mr. Robert D. Horvath, Jr.
Vice President and General Counsel
Astrolink International, LLC
6701 Democracy Blvd
Suite 300
Bethesda, MD 20817

                                                     Re:      Request for additional information —
                                                              Astrolink International LLC
                                                              File Nos. 182—186 SAT—P/LA—95 and
                                                              SAT—MOD—19971222—00200
                                                              Call Sign: S2193
Dear Mr. Horvath:

        This letter requests additional information concerning Astrolink‘s compliance with its Ka—band
system implementation milestones. On July 2, 2003, the Satellite Division asked for information
concerning the milestone obligations set forth in the Ka—band license granted to Astrolink International,
LLC ("Astrolink"). Specifically, we requested a copy of an executed contract verifying that Astrolink has
commenced construction of its satellites, and that the satellites will be built within the time frame
specified in the license. Astrolink‘s initial authorization required it to commence construction of its first
satellite by January 2002, and its remaining satellites by January 2003. In reviewing Astrolink‘s first
milestone to commence construction of its first satellite the Satellite Division determined that although
Astrolink did not have a contract, it had demonstrated sufficient progress to warrant a waiver. The waiver
of this initial milestone was conditioned on Astrolink entering into a non—contingent contract for its first
satellite by January 2003, the same date Astrolink was required to enter into a non—contingent contract for
its remaining satellites.‘

        On July 18, 2003, Astrolink submitted a copy of a contract executed in January 2003 with
Northrup Grumman Space and Mission Systems Corporation for two satellites. The documentation
submitted by Astrolink indicates, however, that two separate stop—work orders were subsequently issued."
The first, issued shortly after the contract was executed was in effect for over three—months, and the
second, dated June 25, 2003, is still in effect, indicating that the contract has been active only for limited
period of time. As noted above, in reviewing contracts for milestone compliance, the Commission
considers whether the satellites will be built within the time frame specified in the authorization. Further,
the Commission‘s non—contingent requirement contemplates no significant delays between the execution
of the contract and the commencement of construction. In this regard, we do not have enough


‘ Astrolink International LLC, Memorandum Opinion and Order, 17 FCC Red 11267 (Sat. Div., Int‘l Bur. 2002).

> We also note that Astrolink submitted an executed copy of its contract with Lockheed Martin Corporation for the
spacecraft buses. This contract is also under a stop—work order.


information to conclude that Astrolink is in compliance with the construction commencement milestone.
Consequently, we ask Astrolink to provide the following information:

                 1) Reason(s) why the stop work orders were issued and the conditions necessary to
                    resume work under the contract.
                 2) The date and amount of payments made under the contract.
                 3) Documentation that Astrolink will be able to meet its launch and operation
                     milestones for both satellites under contract, including a milestone schedule
                     accounting for the stop—work orders.

         In addition, Astrolink recently filed a modification application relinquishing two of its five orbital
locations, retaining the 97° W.L, 2° E.L., and 130° W.L. orbital locations, and stating that its system will
consist of two satellites. While Astrolink has stated that one satellite will be located at the 97° W.L.
orbital location, it has not specified the location of the second satellite. Therefore, we request that
Astrolink notify the Commission of the location of its second satellite and state its plan regarding the use
of the third orbital location.

        This information must be filed with the Commission‘s Secretary by October 31, 2003, with a
courtesy copy to Alyssa Roberts of my staff. Failure to provide this information by this date will render
Astrolink‘s Ka—band license null and void. Please call Alyssa Roberts at 418—7276 if you have any
questions.


                                                                                      2
                                                               Sincerely,
                                                              ;                      & j\’u;f,x-/&w‘,,
                                                                       ")K/\’ rYI. !{:‘\v) YL,       A


                                                        ~._
                                                                  &
                                                                   _
                                                              ~Jennifer M. Gilsenan
                                                               Chief
                                                               Policy Branch, Satellite Division




        cc: Karis Hastings, Esq.



Document Created: 2019-04-14 21:38:43
Document Modified: 2019-04-14 21:38:43

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